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Home My WebLink About2003-11-05 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 5,2003 at 6:45 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd ~ Bill Nary =x= Cherie McCandless =r Keith Bird () Mayor Robert Corrie 2. Adoption of the Agenda: u~f/-<.-- 3. Executive Session per Idaho Code 67-2345(1)(c): (10 minutes.) IW c&Cld/O;J "Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - November 5,2003 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconnnodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( November 21,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 25, 2003 ITEM NO. 3-~ REQUEST Approve minutes of November 5, 2003 Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMP A MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: -fPF o1f Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Pre-Council Meetinq November 5, 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:45 P.M. on Wednesday, November 5, 2003, by City Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Gary Smith, Anna Powell, Bill Musser, Pauline Skeggs, Kathleen Kuebler, Blake Campbell, and Rod Shaul. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Okay I will go ahead and open our Pre-Council Meeting for Wednesday, November 5th at 6:46 and we'll begin with roll calf attendance. Item 2. Adoption of the Agenda: De Weerd: Item 2 is adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Nary: Second. De Weerd: Okay it's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Executive Session per Idaho Code 67 -2345(1 )(c): De Weerd: Item 3 Executive Session per Idaho Code 67 -2345(1 )(c). Bird: Madam President. De Weerd: Mr. Bird. Bird: I move we go into Executive Session per Idaho Code 67 -2345(1 )(c). ( Meridian City Pre-Council Meeting November 5, 2003 Page 2 of 2 Nary: Second. De Weerd: Okay it's been moved and seconded to move into Executive Session. Mr. Clerk will you call roll. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES (Enter into Executive Session) (Come back from Executive Session) De Weerd: I'll make a motion to come out of Executive Session. Nary: So moved. Bird: Second. De Weerd: Okay it's been moved and seconded to come out of Executive Session per Idaho Code 67-2345(1 )(c). No decisions were made in Executive Session. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES De Weerd: Do I have a motion to close the Pre-Council to adjourn. Nary: So moved. McCandless: Second. De Weerd: It's been moved and seconded to adjourn Pre-Council. It is - I don't have my glasses on tonight 7:22. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) , 7i.Ir1Yn ':1 de weef--tX- ~1:.eJi~l~ ATTESTED: o h; UI/V11- ~ ?l.1Ct~e.. ?O~1: 10v ~u.h\1.G Y'Loti~-1haN1J:~~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 5, 2003 at 6:45 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67-2345(1)(c): (10 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Council Agenda - November 5,2003 Page I of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. J ** TX CONFIRj'TIHTION REPORT ** AS OF NOU 19 '03 16:03 PAGE. 01 CITY OF MERIDIAN 02 DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 11/19 16:03 CHAMBER-COMMERCE ----5 00'00" 000 202 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- ? 11ll.&.. <y C)~-t ~ 1>u.b\i.c, YLoti ~ -1haNl-F--~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 5, 2003 at 6:45 p"m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67...2345(1)(c): (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use th-e designated minutes as a guideline only. Meridian City Council A~cnda ~ Novanber 5. 2003 p~c 1 of 1 AU nl:lteri;!'~ prnltmled a~ public: meetin8~ fihilll becolnc propt1'ty of the City ofMcri~. Anyone: desiring 3Ccommod3tion for disabilities rclated to documents anellor he:ari.ng.c; please contact the: City CICflc~s Ofiice ~t &884433 3.t lea.1.,148 hou1'S pnorto the public meeting. MAYOR Robert D. Corrie ))l.w.L~ ~o~t ~ ?lA.buc.. ~~~:Tha( " "",,~~~,,"~::0 !il'~ ~.~ ~;;:~:;''Il~ ~ P / CITY OF r~;l;$l~t'k \..../VL erldl;;n~:\; -" IDAHO --~ ! CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird -...., '.., \1 \I }I j'! bY y/ qlNCE .. \ 1903 LEGAL DEPARTMENT (208) 466-9272 · FAX 466-4405 PARKS & RECREATION (208) 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING & ZONING (208) 884-5533 · Fax 888-6854 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, November 5, 2003 at 6:45 P.M. The Meridian City Council will be discussing the following agenda items: -- Executive Session per Idaho Code 967-2345(1)(c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 31st day of October, 2003. SEAL ~ - r....- - "\ ~ 0:::: T 1 s"\ ' t~';:"'. ~-::.:- ~:()'~ ., .:~:'~ 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 · (208) 888-4433 City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723 · Finance & Utility Billing Fax (208) 887-4813 ( CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird IDAHO '~l \1 \1 i I Y ). // ..Y qINCE - ; 1903 LEGAL DEPARTMENT (208) 466-9272 · FAX 466-4405 PARKS & RECREATION (208) 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING & ZONING (208) 884-5533 · Fax 888-6854 MAYOR Robert D. Con"ie NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, November 5, 2003 at 6:45 P.M. The Meridian City Council will be discussing the following agenda items: -- Executive Session per Idaho Code 967-2345(1)(c) The Executive Session is closed to the public, however, the public is \\\\\\1"'111/11 ,\ \ \ i..4IE I" "'\....1 of fV: FlllJ 11// ....." ~"' '4.. //.... ~' (} ~Of;)A ~"~ ~ (;0 ~ Vi r~ --;.. j ~ 0 -S 3 ~ SEAL fry r.O ::: ,\J ...o..~ T 15\ l ~~, ~~.. <9\'~: ;::':' . welcome to attend the remainder of the meeting. DATED this 31st day of October, 2003. 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 · (208) 888-4433 City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723 · Finance & Utility Billing Fax (208) 887-4813 F" ( AS OF OCT 31 '03 17:25 PAGE. 01 ) ** TX CONFIRhnTION REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM 32 10/31 17:24 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'32" 001 201 OK ------------------------~------~-----~--~--~--~-----~--------------~--~--------------------- MAYOR Robc;n D. Corrie j)Lro.& <PO~t JW- ?u.h-Uc- Y1o+\~: thM1J;-.~ ! .~ ~~~ " ~r~~~):' ~ oU; t'..:ITYOF l.~',:~ '~...;.;: - "<.~ erldian J.;; \. IOAHO ) I J.y bY LEGAL DEPARTMeNT (208) .166-9272 · PA X aGG.440) PARKS &. RECRF.ATION (208) S88.357') · Fax K98.550 I PUBLIC WORKS (208) 898-5500 · F:lx H87 -1197 BtJlLDfNG DEPARTMENT (20K) KX7-2211 · F:lX 887-1207 PLANNING &. ZONJNG (208) 884..5533 · FQX 88S-08S4 CITY COUNCrL MEMBERS Tumn1Y de We::rd \VlflitlrTl L. M. Nary Cherie McCandless Kcilh Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, November 5, 2003 at 6:45 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code S67-2345(1)(c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. \\\\\\!1I11f111/ \\\\\ ,:::; M.c:'r-.. Jill ,....' _{ Or ''--J"(It;, /1, .......' ~\.' ~ ............... ~ ~ c} o~ro~ 1". r,z..... ~ ~ ~Q ~o ~ ~ ~ ~ 2 -= - DATED this 31st day of October, 2003. O :::: ~... ..,$ t... ...... .~: ".. ;.:> 33 cAST IDAHO AVENTJR · MERIDIAN. IDAHO 83642 . (208) 888-4433 Crty Clerk Office Fux (208) 888-421 B · Human Resources Fax (208) 8S4.g723 · Finance: &. Ulilily Billing Fax (208) gg7-4813 { ** TX - ..: I R~T I lJr..l REPORT ** DATE T I ME TO/FROM 01 10/31 17=25 PUBLIC WORKS 03 10/31 17: 28 12084664405 04 10/31 17:31 8841159 05 113/31 17:32 20B8840744 06 113/31 17:32 POLICE DEPT 07 10/31 17: 35 8985501 08 10/31 17:36 LIBRARY 09 10/31 17: 36 92083776449 11 10/31 17:39 208 388 6924 12 10/31 17:40 208B8868S4 13 10/31 17:41 ALL AMERICAN INS 14 10/31 17:42 208 B95 0390 15 10/31 17:44 208 387 6393 16 10/31 17:45 ADA CTY DEVELMT 17 10/31 17:46 8885052 18 10/31 17:47 CHERRY LANE 19 10/31 17:49 IDAHO ATHLETIC C 20 10/31 17: 50 I D PRESS TR I BllNE 21 10/31 17:51 208B886701 26 10/31 17: 57 POST OFF I CE ( AS OF OCT 31 '03 ...d:04 PAGE. 01 CITY OF MERIDIAN MODE M I WSEC PGS CMD~ STATUS EC--S 00' 24" 001 201 OK EC-S 00' 25" 001 201 OK EC-S 00'24" 001 201 OK EC--S 00'23" 0131 201 OK EC-S 00' 24" 001 201 OK EC--S 00'23" 001 201 OK EC--S 00'27" 0131 201 OK EC-S 012"23" 001 201 OK EC--S 00' 27" 0131 201 OK EC-S 00' 22" 001 201 OK EC--S 00'23" 001 201 OK EC--S 00'23" 0131 201 OK EC-S 013'23" 001 201 OK G3--S 00'40" 1211211 201 OK EC--S 00' 23" 001 201 OK EC-S 00'27" 001 201 OK EC-S 00'23" 12101 201 OK EC-S 00' 23" 001 201 OK EC--S 1313'23" 01211 201 OK EC-S 00' 32" 001 201 OK -------------------------------------------------------------------------------------------- ?lm.8e ?O~t #-r ?u.h-Ut. f\oi-\~- Thtvttf-~! :'~ ~~. :i '1-"''1'~. .. ,. ~; .f!~J" ~ ~ (;lTY OF ~.,~:..' 1", _ _ '" endian -. .Ii; \. IC>AHO ~ Y ,? MAYOR RObert D. Come CITY COUNCrl MEMBERS T~mmy de Wec:rd WiIlillf11 L. M. N~y Chene McCnncllcss Keith Bird lEGA L DEPARTMeNT (208) 4M)<o9272 · FAX 46644tb PARKS &. RECREATION (208) SS8-3S79 · F:u XQS-SSOI YUaLIC WOF{KS (2OS) 898.5500 · F:!x lHi7.1297 BtJII.OrNG DEPARTMENT (20M) HS7.2211 ~ F.1X as? ./2Q? PLANNING & ZONING (208) 8S?-5S33 · Fll 888.G8S4 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Counci I Meeting at City Hall, 33 East Idaho) Meridian, Idaho, on Wednesday, November 5, 2003 at 6:45 P.M. The Meridian City CounciJ will be discussing the following agenda items: - Executive Session per Idaho Code 967-2345(1)(c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 31 Sf day of October, 2003. 33 EAST IDAHO AVENUF.. NrERIDlAN. IDAHO 83642. (208) 888-4433 CI ty Clerk Offjc;c Fax (208) 888~421 ~ · F-IulnCln Resources Fax (208) 884--8723 · Finance & Ulility Billing Fax (208) 8H7 -4813 ,~ - ( AS OF OCT 31 '1213 18:04 PAGE.0l ( ** TX CONF-" I ,.1AT I ON REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM 22 10/31 17:52 3810160 23 10/31 17:53 PUBLIC WORKS 24 10/31 17:54 12084664405 25 10/31 17:56 8841159 27 10/31 17:58 2088840744 28 10/31 17:59 POLICE DEPT 29 10/31 17:59 8985501 30 10/31 18:02 LIBRARY 31 10/31 18:03 92083776449 32 10/31 18:03 208 388 6924 MODE MIN/SEC PGS CMDt+ STATUS EC--S 00'25" 001 202 OK EC--S 00' 19" 001 202 OK EC--S 00' 19" 001 202 OK EC--S 12'0' 19" 001 202 OK EC--S 00' 18" 001 202 OK EC--S 00' 19" 001 202 OK EC--S 12'0" 19" 001 212'2 OK EC--S 00'21" 001 202 OK EC--S 1210' 18" 001 202 OK EC--S 00' 20" 001 202 OK ------------------------~--~------------~--~------------~----------------------------------- ? 11ll.&. ? O~-I: 11>v 1>u.I?\iG Y\.oti Ce.. - Tl1OH\,J::..~ ~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 5, 2003 at 6:45 p"m. City Council Chambers 1. Ro1l-call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless - Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Executive Session per Idaho Code 67-2345(1)(c): (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a gUideline only. Mmdian City Council As:cnrln - November 5, 2003 ~gc 1 of 1 All mi1ttri~l~ p~mled at public mtetins~ &hull becolnc propt;rty of the Ci1y orM~ui:ut, Anyone desiring !.CCOmmodation for diubilitio; rdated to docum~ts and/or h~nng." , plca1e contlct the City Clerk's OniCIY 3t 888-4433 3t lca~"t 48 houl'$ pnof to lhe pubhc mecttl1l;. ** TX CONFIR~~rION REPORT ** AS OF OCT 31 '03 18:06 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDij STATUS 01 10/31 18:06 CHAMBER-COMMERCE ----5 00'00" 000 201 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- MAYOR Rob<::rl D. Corrie j)Lm.~ ?Ol)t J;r ?U.r.v\Ac.. Y1o+\~: lhMt1=--~! ~~ ;, ".' '.I";I.~ Il'~~~ . 'i .. ~~~.. ~, :<- lit .:~ ~ '~?-.:<'!J ,tf. eM; CITY OF L~~.!i]j . ., ~- ~. erzditfn -.. .!>;; \. IDAHO Y y ..t" LEGAL DEP^RiMcNT (208) 466...Q272 · FAX 466-440) PARKS &: RECRF..ATJON (208) 888~3S79 · Feu: R()8.550 I PUBLlC "'fORKS (208) 898...550U · F:!x M87...1297 BUJLDfNG DEPARTMENT (2UK) KlO.2211 · F:ax 8S7./2l)7 PLANNING & ZONING (208) 884-5533 · F!lx 888.6854 CITY COUNCIL MEMBt=:RS To.ml'l1Y de We~rd William L. M. Nary Chene McC:lnulcss Kcilh Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, November 5, 2003 at 6:45 P.M. The Meridian City Council will be discussing the following agenda items: '" Executive Session per Idaho Code ~67-2345(1)(c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. DATED this 31st day of October, 2003. \\\\\l\\ \! 11111111/11/ '\\'\~f Of MERlO. 1,// ,....' ~~ ~ "';;,. ~ ,.... r} o?.poFt.4 h ~ ~ ; ~c; ~ ~_ :: :;. ~ ~ 33 cAST IDAHO AVENUE · MERIDIAN. IDAHO 83642 . (208) 888-4433 City Cleric Office f:lX (2081 888-4218 · r.r u miln Rcsourccs Fax (208) 884.8723 · Floance & Uli lilY BiI ling Fax (208) 8S7 -4813 f ( ** TX CO, . <MAT ION REPORT ** AS OF OCT 31 '0",:, 18:30 PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtf STATUS 02 113/31 18: 06 2088886854 EC--S 1313' 19" 001 202 OK 133 1~V31 18:137 ALL AMERICAN INS EC--S 00'18" 13131 2132 OK 04 10/31 18: 08 200 895 0390 EC--S 00' 18" 001 202 OK 05 1 ~V31 18:113 208 387 6393 EC--S 130' 18U 001 202 OK 136 1 eV31 18:11 ADA CTY DEUELMT G3--S 00'38" 001 202 OK 137 10/31 18:12 8885052 EC--S 00'213" 001 202 OK 08 llZV31 18:13 CHERRY LANE EC--S 00' 19" 001 202 OK 139 1 el/31 18:14 POST OFFICE EC--S 00'24" 0131 202 OK 10 10/31 18:15 IDAHO ATHLETIC C EC--S 1313' 18" 00'1 202 OK 11 10/31 18:16 ID PRESS TRIBUNE EC--S 00'18" 001 202 OK 12 112V31 18:17 2088886701 EC--S 00'18" 001 202 OK 13 10/31 18:30 CHAMBER-COMMERCE ----5 00'1313" 01313 202 BUSY TH I S DOCUMENT IS 5T I LL I N MEMORY -------------------------------------------------------------------------------------------- ?11t1-~e. 9o~-t: ~ 1>u.b.u.c., YlotiCe... -Ut~~ ~ CITY OF l\1ERIDIAN PRE-COUNCIL MEETING AGENDA Wednesday, November 5, 2003 at 6:45 p..m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd Bill Nary Cherie McCandless - Keith Bird _ Mayor Robert Corrie 2.. Adoption of the Agenda: 3. Executive SessIon per Idaho Code 67..2345(1)(c): (10 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a gUideline only. Meridian City Council A2C11Ua - NovcmbtT 5. 2003 ~gc 1. of t . . AU m~terisl~ preatnled ~~ rublic: m~inS!i Will become property of the City of Ma:'Wo.n. Anyone desiring 3CCommodation for dl$.\bilitics kbted to docwnc'I11S and/or he:mng..o; pk:ase eontict the City Clerk's Office:n 888-4433 ~r Jeast 48 hou~ priorto the public:; mectil1~, i ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0034 RECEIVE 0000 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 10/31 17:25 PUBLIC WORKS 10/31 17:27 12084664405 10/31 17:28 12084664405 10/31 17:31 8841159 10/31 17:32 2088840744 10/31 17:32 POLICE DEPT 10/31 17:35 8985501 10/31 17:36 LIBRARY 10/31 17:36 92083776449 10/31 17:38 CHAMBER-COMMERCE 10/31 17:39 208 388 6924 10/31 17:40 2088886854 10/31 17:41 ALL AMERICAN INS 10/31 17:42 208 895 0390 10/31 17:44 208 387 6393 10/31 17:45 ADA CTY DEVELMT 10/31 17:46 8885052 10/31 17:47 CHERRY LANE 10/31 17:49 IDAHO RTHLETIC C 10/31 17:50 ID PRESS TRIBUNE 10/31 17:51 2088886701 10/31 17:52 3810160 10/31 17:53 PUBLIC WORKS 10/31 17:54 12084664405 10/31 17:56 8841159 10/31 17:57 POST OFFICE 10/31 17:58 2088840744 10/31 17:59 POLICE DEPT 10/31 17:59 8985501 10/31 18:02 LIBRARY 10/31 18:03 92083776449 10/31 18:03 208 388 6924 AS OF OCT 31 '03 18:04 PAGE. 01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S ----5 EC--S EC--S EC--S EC--S EC--S 83--5 EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S TOTAL TIME CITY OF MERiDIAN SEND 00012'53" RECEIVE 00000'00" MIN/SEC PGS 00'24" 001 01'14" 004 00'25" 001 00'24" 001 00'23" 001 00'24" 001 00'23" 001 00'27" 001 00'23" 001 00'00" 000 00'27" 001 00'22" 001 00'23" 001 00'23" 001 00'23" 001 00'40" 001 00'23" 001 00'27" 001 00'23" 001 00'23" 001 00'23" 001 00'25" 001 00'19" 001 00'19" 001 00'19" 001 00'32" 001 00'18" 001 00'19" 001 00'19" 001 00'21" 001 00'18" 001 00'20" 001 CMDt:t 201 200 201 201 201 201 201 201 201 200 201 201 201 201 201 201 201 201 201 201 201 202 202 202 202 201 202 202 202 202 202 202 STATUS OK OK OK OK OK OK OK OK OK BUSY OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK { ** COMMUNICATIONS REPORT ** TOTAL PAGES SEND 0011 RECEIUE 0000 01 02 03 04 05 06 07 08 09 10 11 12 13 DATE TIME TO/FROM 10/31 18:06 CHAMBER-COMMERCE 10/31 18:06 2088886854 10/31 18:07 ALL RMERICAN INS 10/31 18:08 208 895 0390 10/31 18:10 208 387 6393 10/31 18:11 ADA CTY DEVELMT 10/31 18:12 8885052 10/31 18:13 CHERRY LANE 10/31 18:14 POST OFFICE 10/31 18:15 IDAHO ATHLETIC C 10/31 18:16 ID PRESS TRIBUNE 10/31 18:17 2088886701 10/31 18:30 CHAMBER-COMMERCE (' AS OF NOV 01 '03 05:00 PAGE.01 MODE ----S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S EC--S EC--S EC--S ----5 TOTAL TIME CITY OF MERIDIAN SEND 00003'48" RECEI lJE 00000'00" MIN/SEC PGS 00'00" 000 00'19" 001 00'18" 001 00'18" 001 00'18" 001 00'38" 001 00'20" 001 00'19" 001 00'24" 001 00'18" 001 00'18" 001 00'18" 001 00'00" 000 CMDi:t 201 202 202 202 202 202 202 202 202 202 202 202 202 STATUS BUSY OK OK OK OK OK OK OK OK OK OK OK BUSY ( ** T~: \ :IRMATION REPORT ** AS OF NOU 06 '0.... ....1:15 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:: STATUS 12 11/06 00:25 PUBLIC WORKS EC--S 01' 32" 005 251 OK 13 11/06 00:27 12084664405 EC--S 01'33" 005 251 OK 14 11/06 00:29 8841159 EC--S 01'32" OOS 251 OK 15 11/06 00:31 2088840744 EC--S 01'311t 005 251 OK 16 11/06 00: 33 POLICE DEPT EC--S 01' 32" 005 251 OK 17 11/06 00:35 8985501 EC--S 01'31" 005 251 OK 18 11/06 00: 37 LIBRARY EC--S 02' 00" 00S 251 OK 19 11/06 00:40 92083776449 EC--S 01' 31" 005 251 OK 20 11/06 00:42 208 388 6924 EC--S 01' 57" 005 251 OK 21 11/06 00: 44 2088886854 EC--S 01'31" 005 251 OK 22 11/06 00: 46 208 895 0390 EC--S 01' 31" 005 251 OK 23 11/06 00:48 208 387 6393 EC--S 01'31" '2'105 251 OK 24 11/06 00:50 ADA CTY DEUELMT G3--S 02'49" 005 251 OK 25 11/06 00: 54 8885052 EC--S 01' 31 It 005 251 OK 26 11/06 00: 56 CHERRY LANE EC--S 01' 58" 005 251 OK 27 11/06 00:59 IDAHO ATHLETIC C EC--S 01'31" 00S 251 OK 28 11/06 01:01 ID PRESS TRIBUNE EC--S 01'31" 005 251 OK 29 11/06 01:03 2088886701 EC--S 01' 30" 005 251 OK 30 11/06 01:12 3810160 EC--S 02'35" 005 251 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 5, 2003 at 7:00 p.m. City Council Chambers 1. Roll-ealJ Attendance: L Tammy de Weerd >< Bill Nary :x= Cherie MXCandless =x: Keith Bird --'...L- Mayor Robert Corrie 2. Adoption of the Agenda: aflJ'lrt9 v.{ t<. ( 4 m f!/},..de. c:G- 3.. Consent Agenda: A. Approve minutes of October 21, 2003 City Council Regular Meeting: ~V"<. B.. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: /J2. 03..019 Request for annexation and zoning of 16 acres from RUT to R--8 zones for proposed Hjqhaate Subdivision by Harris Homes, LlC - 2700 North Meridian Road: ~v<. C. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03..Q23 Request for Preliminary Plat approval of 74 building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: o/rov-<.- 0.. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-039 Request for a Conditional Use Permit for single-family residential Planned Development with a mix of attached and detached housing in a proposed R-8 zone for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: a-p)'rP vz E. Development Agreement: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar SDrinas North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: 0/ jJ ro ve.. M~d>>.n City Council ~ - Novcmbu S, 2003 PaGe'l af4 All rnateriab JnScntcd at public mcdi:o&s ab.aJ) become propeny of the City ofMaidian. Anyone dc.<liring ac:commodation (or diahiliti.e31 related to oocumr::nU lJJd/or bo:lling plC'ilSC' cornet the Cily Clak.$ O!liCt ~l888-4433 11101.51 48 hours prior to the pu.b1 k. rncding. ( ** TX CONFIRMATION REPORT ** (- t AS OF NOU 19 '03 16:03 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 01 11/19 16:03 CHAMBER-COMMERCE ----5 00'00" 000 201 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- MAYOR RObert D. Corrie ?Lro.& ?O<)t J;.r ?l.lh-\ic.. YlD-.k~: thMzJ:-~ ! """rrl', " oW; CITY OF ~~~~~ 'L.~~ ~ erzdian .(>;; \. IDAHO )' jY ~7 LEGAL DEPARTMeNT (208) 466-9272 · PA X 466440:"1 PARKS &. RECRF.ATION (208) S88.3S7() · Fax R9g.S50 I PUBLIC WORKS (208) 898-550U · F:1X g~7-1297 BlHI.DTNG DEPARTMENT (20K) HX7.2211 · F~x 887.1.297 PLANNING & ZONJNG (208) 884-5533 · F:lX 888-6854 CITY COUNCrL MEMBERS Tummy de Wel:ru WilliJrn L. M. Nary Chene McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday. November 5. 2003 at 6:45 P.M. The Meridian City Council will be discussing the following agenda items: - Executive Session per Idaho Code 967-2345(1)(c) The Executive Session is closed to the public, however, the public is welcome to attend the remainder of the meeting. \\\\\ \\\ \i 1I111(I{'111 <,,\\~ Of MEIT/DJ. I'/~/ ........... ~ ~A_ 'l~ .::-' CJ O~t>O~h "V .-;.. ~ ~G ~ ~ ~ ~ ~ ~. - ~ ~ SEAL 8' ~ ("~ 0 $ t~ ,)' .1'\" ,> '. .. 4~ ~ DATED this 31st day of October, 2003. 33 EAST IDAHO AVENIIE. MERIDIAN. IDAHO 83642. (208) 888-4433 City Clerk Office Fttx (208) 888..421S · "Iuman RC':sourccs Fax (208) 884.8723 · Finance & Utility Billing Fax (208) 8~7-4813 ( Meridian City Pre-Council Meetina November 5. 2003 The Pre-Council Meeting of the Meridian City Council was called to order at 6:45 P.M. on Wednesday, November 5, 2003, by City Council President Tammy de Weerd. Members Present: Tammy de Weerd, Cherie McCandless, Bill Nary, and Keith Bird. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Gary Smith, Anna Powell, Bill Musser, Pauline Skaggs, Kathleen Kuebler, Blake Campbell, and Rod Shaul. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird o Mayor Robert Corrie De Weerd: Okay I will go ahead and open our Pre-Council Meeting for Wednesday, November 5th at 6:46 and we'll begin with roll call attendance. Item 2. Adoption of the Agenda: De Weerd: Item 2 is adoption of the agenda. Bird: Madam President. De Weerd: Mr. Bird. Bird: I move that we adopt the agenda as published. Nary: Second. De Weerd: Okay it's been moved and seconded to adopt the agenda as published. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Executive Session per Idaho Code 67-2345(1)(c): De Weerd: Item 3 Executive Session per Idaho Code 67 -2345( 1 )( c). Bird: Madam President. De Weerd: Mr. Bird. Bird: I move we go into Executive Session per Idaho Code 67-2345(1)(c). Meridian City Pre-Council Meeting November 5,2003 Page 2 of2 Nary: Second. De Weerd: Okay it's been moved and seconded to move into Executive Session. Mr. Clerk will you call roll. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES (Enter into Executive Session) (Come back from Executive Session) De Weerd: I'll make a motion to come out of Executive Session. Nary: So moved. Bird: Second. De Weerd: Okay it's been moved and seconded to come out of Executive Session per Idaho Code 67-2345(1)(c). No decisions were made in Executive Session. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES De Weerd: Do I have a motion to close the Pre-Council to adjourn. Nary: So moved. McCandless: Second. De Weerd: It's been moved and seconded to adjourn Pre-Council. It is - I don't have my glasses on tonight 7:22. All those in favor say aye. All ayes motion carried. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 7:22 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTESTED: I I DATE WilliAM G. BERG, JR" CITY CLERK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 5, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd >< ::K= Cherie Mppandless )C 1/ Mayor Robert Corrie 2. Adoption of the Agenda: a ~ v -e t( ( ~ h't e4L.~ cL Bill Nary Keith Bird 3. Consent Agenda: ~A. Approve minutes of October 21, 2003 City Council Regular Meeting: ~ v~ B. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: ~v-<.. C. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-023 Request for Preliminary Plat approval of 74 building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: ap'j7YOl/-L D. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-039 Request for a Conditional Use Permit for single-family residential Planned Development with a mix of attached and detached housing in a proposed R-8 zone for proposed Hiahaate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: Clf1J7I'/7V~ E. Development Agreement: AZ 02.Q28 Request for annexation and zoning of 81 a54 acres from RUT to R-8 and L-Q zones for proposed Cedar SDrinas North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: t1f fJ ro Ve.. Meridian City Council Agenda - November 5, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Non-Development Agreement: AZ 02-028 Cedar Sprinas North Subdivision for Lot 18 Block 13: ~V~ ./G. Water Main Easement for Idaho Bankina Company: appro tI~ /"H: Sewer Main Easement for Idaho Bankina Company: cipfJ't?v-<-- 1; Streetlight Agreement for Cobblefield Crossina No.1: aIr .0(1-<-- /J-: Streetlight Agreement for Baldwin Park No. 3:. fprvr/~ 5 .-)(; Hold Harmless Aareement for Participation in Activities and/or Use of Facilities with Joint School District No. 2: ~rt7V-l!- L. Lease for Fire Safe House between the Meridian Fire Department and the Meridian Rural Fire Protection District and Joint School District No.2: arFn? /I\L- ~. Public Pedestrian Easement along Ridenbaugh Canal for EI Dorado Business Campus: Ct./rv...e..., _~. Approve Bills: tk-PfJ/fJV1!- ~4:- Department Reports J)'. --A.; ~- (3;-) / I'h btfJ e I- Meridian Police Department: 5. -1. Discussion of Officer Ballistic Vests: ~pdtLt e..- f3. Pltf.hh/~ j 2on-/hJ ~jJf/h~ l (oJ?o-jJ fJlalL /Jdppb~ -upd?J-e- (Items Moved from Consent Agenda) k Ordinance No. tJ 3 .- I (} 5 ~ ZOA 03-002 Request for Amendments to Sian Ordinance: ~v~ Ordinance No. (J 3 - I tJ 5i 6 AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: o/lrr9~ Ordinance No. (J ;3- It? ~ 7 AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-Q zones for proposed Cedar SDrinas North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: aJlllY'<'~ 7. 8. Meridian City Council Agenda - November 5, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconnnodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. 10. 11. 12. 13. 14. 15. 16. 17. Ordinance No. tJ 3 - I 0 ~ 8 AZ 03-020 Request for annexation and zoning of 1.13 acres from R-6 to L-Q zones for proposed Office Jet Subdivision by Wardle and Associates - 1975 North Locust Grove Road: ~~ Tabled from October 7, 2003: FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: ft (reL f1/ /1-- 2 ~ - {) 3 FP 03-058 Request for Final Plat approval of 48 building lots and 9 other lots on 15.40 acres in an R-8(PD) zone for Sundance Subdivision No.4 by Sundance Limited Company, LLC - north of East Ustick Road and east of North Meridian Road: c~V'-1l-, Continued Public Hearing from October 21,2003: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use wwrp zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: brh-j)/tLa. piA. ~ Sp~C{~~ 1'1--9-0-;3 ~ S-~?o//h- Continued Public Hearing from October 21, 2003: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed StaDleton Subdivision by Wardle and Associates - 3680 West Ustick Road: C~dJ'v-hhUL- jJ/A- fo 12- -9~()3 Continued Public Hearing from October 21, 2003: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: (~ /Ih fo IZ--t(-tJ.3 Continued Public Hearing from October 21,2003: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: ~h~ piA k /'2 -9-03 Continued Public Hearing from October 28,2003: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I Eaav I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Ct7Yv/1rJ ~ j/ ~ 1-0 1- 2A9 - cJ 4- Public Hearing: AZ 03-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcell by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: C'C?r-vf>hU0 /1 It ~ /-Z-t?-04-- Meridian City Council Agenda - November 5, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( 18. Public Hearing: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-Q zone for Stokesbenv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of East FairviewAvenue: {;.~/)~uV ;JIlL 1-0 /1-2o-tJ3 19. Public Hearing: RZ 03-010 Request for a Rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting r.e - fLi:)h a..... 20. Public Hearing: PP 03-025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting rrz -no/7~ 21. Public Hearing: CUP 03-044 Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for proposed Silverstone Business Campus by Sundance Investments - southeast comer of East Overland Road and South Eagle Road: __ dffvrne.11 pldl1l1er/ Cljpl/c.cvY>-1 jJrepWt.( -flf <( clz >2: Canvassing the Votes for City General Election: at P f1C"V'<.... Meridian City Council Agenda - November 5, 2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Wednesday, November 5, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X o Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. Approve minutes of October 21, 2003 City Council Regular Meeting: Approve B. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed Hi~h~ate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: Approve C. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-023 Request for Preliminary Plat approval of 74 building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for proposed HiQhQate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: Approve D. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-039 Request for a Conditional Use Permit for single-family residential Planned Development with a mix of attached and detached housing in a proposed R-8 zone for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: Approve E. Development Agreement: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Sprinqs North Subdivision by Howell-Murdoch Meridian City Council Agenda - Novenlber 5, 2003 Page I of 4 All materials presented at public meetings shall beconle property of the City of Meridian. Anyone desiring acconlmodation for disabilities related to documents and/or hearing please contact the City Clerk's OHice at 888-4433 at least 48 hours prior to the public nleeting. Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve F. Non-Development Agreement: AZ 02-028 Cedar Sprin~s North Subdivision for Lot 18 Block 13: Approve G. Water Main Easement for Idaho Bankinq Company: Approve H. Sewer Main Easement for Idaho Bankin~ Company: Approve I. Streetlight Agreement for Cobblefield Crossinq No.1: Approve J. S/treetlight Agreement for Baldwin Park No.3: Approve 5-K. Hold Harmless AQreement for Participation in Activities and/or Use of Facilities with Joint School District No.2: Approve L. Lease for Fire Safe House between the Meridian Fire Department and the Meridian Rural Fire Protection District and Joint School District No.2: Approve M. Public Pedestrian Easement along Ridenbaugh Canal for EI Dorado Business Campus: Approve N. Approve Bills: Approve 4. Department Reports A. Meridian Police Department - Bill Musser: 1. Discussion of Officer Ballistic Vests: Update B. Planning and Zoning Department: 1. Comprehensive Plan Adoption: Update 5. (Items Moved from Consent Agenda) 5-K 6. Ordinance No. 03-1055 ZOA 03-002 Request for Amendments to Siqn Ordinance: Approve 7. Ordinance No. 03-1056 AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Approve Meridian City Council Agenda - Novenlber 5, 2003 Page 2 of 4 All nlaterials presented at public meetings shall beconle property of the City of Meridian. Anyone desiring accomnlodation for disabilities related to dOClII11ents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public 111eeting. 8. Ordinance No. 03-1057 AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar SprinQs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Approve 9. Ordinance No. 03-1058 AZ 03-020 Request for annexation and zoning of 1.13 acres from R-6 to L-O zones for proposed Office Jet Subdivision by Wardle and Associates - 1975 North Locust Grove Road: Approve 10. Tabled from October 7, 2003: FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: Table to November 25, 2003 11. FP 03-058 Request for Final Plat approval of 48 building lots and 9 other lots on 15.40 acres in an R-8(PD) zone for Sundance Subdivision No.4 by Sundance Limited Company, LLC - north of East Ustick Road and east of North Meridian Road: Approve 12. Continued Public Hearing from October 21, 2003: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continue Public Hearing to Special Meeting December 9, 2003 at 5:30 p.m. 13. Continued Public Hearing from October 21, 2003: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continue Public Hearing to December 9, 2003 14. Continued Public Hearing from October 21, 2003: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continue Public Hearing to December 9, 2003 15. Continued Public Hearing from October 21,2003: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41-lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continue Public Hearing to December 9, 2003 Meridian City Council Agenda - Novenlber 5, 2003 Page 3 of 4 AlIl11aterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accomnlodation for disabilities related to dOClll11ents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 16. Continued Public Hearing from October 28, 2003: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I EaQV I Ruwe by B RS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Continue Public Hearing to January 20, 2004 17. Public Hearing: AZ 0 3-022 Request for annexation and zoning of 5 acres from RT to C-G zones for Kissler (Dealv Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: Continue Public Hearing to January 20, 2004 18. Public Hearing: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of East Fairview Avenue: Continue Public Hearing to November 12,2003 19. Public Hearing: RZ 03-010 Request for a Rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting 20. Public Hearing: PP 03-025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting 21. Public Hearing: CUP 03-044 Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Attorney, Planner, Applicant to Prepare Findings of Fact and Conclusions of Law 22. Canvassing the Votes for City General Election: Approve Meridian Clty Council Agenda - Novenlber 5, 2003 Page 4 of 4 A]1 nlaterials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docunlents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. November 14, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 18, 2003 ITEM NO. 12- it REQUEST Approve minutes of November 5, 2003 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: !V~ vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetinq November 5. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:23 P.M., on Tuesday, November 5, 2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, Keith Bird, and Cherie McCandless. Members Absent: Mayor Robert Corrie. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Gary Smith, Kenny Bowers, Bill Musser, Kathleen Kuebler, Dean Willis. Item 1. Roll call Attendance: x X Tammy de Weerd X Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will open up the City Council Regular Agenda. It's Wednesday, November 5th. It's 7:23, and Council, before we have roll call attendance, I would like to ask -- we had a -- one of our Planning and Zoning Commissioners passed away last night and if we could take a moment of silence in his memory. Okay. 11m sorry. Our Planning and Zoning Commissioner Jerry Centers passed away in his sleep last night, so we just will take a moment in his memory of silence. Okay. lid like to welcome you all here tonight. Mr. Clerk, will you, please, call roll. Item 2. Adoption of the Agenda: De Weerd: Okay. Item 2, adoption of the agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the agenda as published. De Weerd: Do I have a second? Bird: Have we got a change? Nary: The Planning and Zoning Director had a department report to add at four. De Weerd: Our P&Z Director has another item to add? Powell: Yes. Meridian City Council November 5,2003 Page 2 of 76 De Weerd: Okay. Powell: Madam President, Members of the Council, there has also been a number of tablings. I don't know if you want to announce them now or -- De Weerd: Yes. Let's go through those, please. Powell: The first one is Bear Creek NO.7. They have asked to be tabled to the 25th. De Weerd: That's Item Number 10? Powell: Correct. De Weerd: To November 20 -- Powell: Fifth. De Weerd: Fifth. Bird: Okay. Powell: Item Number 16, there is a request from one of the property owners to table, but I would, actually, ask that you at least take some staff testimony and provide for input, rather than tabling that. That affects Item Number 17 as well, and then, as is noted on 1 9 and 2 0, t hose were not posted properly. Number 18 there were some comments from ITO that neither the applicant, nor staff, nor the Planning and Zoning Commission had a chance to address, so we have got the recommendations done for next week, so we are asking that that be tabled a week. De Weerd: And that was item what? Bird: Eighteen. De Weerd: Eighteen. Powell: Eighteen. Bird: Madam President, I will change my motion, then. I move that we adopt the agenda with the changes 0 f I tern Number 1 0 being tabled until November 25th, I tern Number 18 until November 12th, Item 19 and 20 will have to be continued until November 25th, because of notification, and with those changes, I make a motion we accept the agenda. Nary: Second. De Weerd: Mr. Bird would that include additional department reports? Meridian City Council November 5, 2003 Page 3 of 76 Bird: Yes. If they so require. Yes. De Weerd: Okay. Second agree? Nary: I would agree. Just because I didn't hear, just to be sure, so on 16 and 17 what I heard Mrs. Powell say is we were going to keep it on the agenda -- Bird: We are going to keep that on the agenda. Nary: Okay. Great. De Weerd: Okay. Well, it's been moved and seconded to approve the agenda as amended. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of October 21, 2003 City Council Regular Meeting: B. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed HiQhQate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: C. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-023 Request for Preliminary Plat approval of 74 building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for proposed HiQh~ate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: D. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-039 Request for a Conditional Use Permit for single-family residential Planned Development with a mix of attached and detached housing in a proposed R-8 zone for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: E. Development Agreement: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar SprinQs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Meridian City Council November 5, 2003 Page 4 of 76 F. Non-Development Agreement: AZ 02-028 Cedar Sprinqs North Subdivision for Lot 18 Block 13: G. Water Main Easement for Idaho Bankinq Company: H. Sewer Main Easement for Idaho Bankinq Company: I. Streetlight Agreement for Cobblefield Crossinq No.1: J. Streetlight Agreement for Baldwin Park No.3: L. Lease for Fire Safe House between the Meridian Fire Department and the Meridian Rural Fire Protection District and Joint School District No.2: M. Public Pedestrian Easement along Ridenbaugh Canal for EI Dorado Business Campus: N. Approve Bills: De Weerd: Item Number 3 is the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with 0 ne exception. Item Number K needs to be moved to 5-K on the Regular Agenda, because there are some questions we have got to -- need answered on that. I believe our Parks Department is - - I thought -- yes. She's here, so -- we move that to 5-K and that the Council President sign and the Clerk attest to all proper papers. De Weerd: Okay~ Do I have a second? Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K. Bird: 5-K. De Weerd: And ask the Council President to sign and Clerk attest. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. ( Meridian City Council November 5, 2003 Page 5 of 76 MOTION CARRIED: ALL AYES Item 4. Department Reports A. Meridian Police Department: 1. Discussion of Officer Ballistic Vests: De Weerd: Okay. Four. Department reports. We start with the Meridian Police Department. Chief Musser. Musser: Madam President, Members of the Council, I know there has been some questions as to what the status of the Meridian Police Department is in regards to the ballistic vests that have been in the news as of late. Part of the reason I'm here this evening is just to go ahead and update you on that. The Department's really in pretty good shape in regards to that. We only have four of our officers that are affected by the Second Chance Ultimate Vests that are in question right now. One of the things I wanted to let you be aware of is that will probably be a replacement issue for the department in this budget, looking at the approximately to 2,520 dollars to do that replacement, so we can immediately get them out of service. I believe we can probably do it within our current budget. However, if we do go long in uniform and equipment, that would probably be the main reason why and I just wanted you to be aware of that and I'll stand for any questions if any of the members have any questions on the issue. De Weerd: Council, any questions? Bird: I have none. Thank you. De Weerd: No. Thank you, Chief. Musser: Thank you. B. Anna Powell - Report De Weerd: Okay. Anna, weill move on to Item B. Powell: Madam President, Members of the Council, I'm sorry to barge my way onto the department reports, again, and not make the agenda. Yet, again, I met with Ada County staff and was kind of thrown a curve ball regarding the adoption of our Comprehensive Plan, so I wanted to give you an update. We -- last week we discussed the issues of the definition of rural area and the adoption of the -- or withholding Building Permits until they are able to take care of the park plan fees and I think we got those issues resolved. They have raised a new issue in the term rural area residential development. They want more guidance from the City Council on exactly what that term might mean and, specifically, I think we have narrowed it down to -- 11m pretty Meridian City Council November 5, 2003 Page 6 of 76 confidence that what we are talking about is just subdivision applications, not building permits or lot splits or anything of that nature, but pretty much subdivision applications as pertaining to that. There are two kinds of subdivisions that could occur in the rural/urban transitional area. There is the straight five-acre sub -- five-acre minimum parcel size, which seems to be referenced in our notes and I think it's pretty clear that rural area residential development would apply to those five acre subs. There is also one called a cluster sub, which can either be one acre lots on individual well and septic, with the remainder of the property -- it's one unit per five acres still, but they would be on one acre to one and a quarter acre lots on well and septic. The remainder of the property would just sit there as open space until such time as city services were available. The other variation of that, which you have seen, is the one where they ask for the reduced lot sizes, such as an 8,000 to 10,000 square foot lot where they would be going for a sewage -- a community sewage treatment facility. It's clear that -- I know we donlt want that one, because we want the city water and sewer there. I understand your feelings on the reduced lot with the sewage, but I donlt know how you feel about the one-acre lots with the remainder lots. I don't know if anyone's ever brought this up to you and if you want to have this as a more detailed discussion, but just in trying to keep on track with their hearing schedule at Ada County, I'm coming to you now. We can' either -- if you feel uncomfortable giving me advice now, then, I can schedule a work session with you. If you need more information, just ask me. De Weerd: Anna, what is the time frame they are working with? Powell: I go back to the Planning and Zoning Commission next week. De Weerd: Next-- Powell: I think it's next Thursday. De Weerd: Next Thursday. Well, is it possible that you can get us more information, maybe summarize it in writing and we can have the discussion at our next meeting, so that you can have that information going into Thursday night's meeting with Ada County? Powell: Sure. I will get it to you -- let's see. They burn disks -- I can -- I'll give it to you tomorrow, so it will get on your desk and I will try to even give you a summary of -- do you just want more information on the one-acre lot subs? De Weerd: Yes. Powell: The other subs we are okay on? Okay. Perfect. I can do that. De Weerd: Okay. Powell: Thank you. ( Meridian City Council November 5, 2003 Page 7 of 76 Item 5. (Items Moved from Consent Agenda) K. Hold Harmless Aqreement for Participation in Activities and/or Use of Facilities with Joint School District No.2: De Weerd: Anything further, Council? Okay. Thank you. Okay. Five. We moved K onto Item 5, so Item K is Hold Harmless Agreement for participation in activities and/or use of facilities with the Joint School District NO.2. Mr. Bird, who is doing this? Kathleen. Kuebler: Yes. Powell: Well, Mr. Bird, would you like to introduce our new Recreation Superintendent? Bird: Recreation Director? This is Kathleen from the Parks and Rec. She's our new Recreation Director. She came from a cold place called Florida and she's kind of getting -- Kuebler: Kind of cold. Bird: -- accustomed to our weather up here, so -- she's doing a good job for us. De Weerd: Welcome. Thank you. Okay. Would you like to give us an overview? Kuebler: The contract is a Hold Harmless Agreement, but on the third page of the contract, it may read a little odd, because it says there is 1,600-dollar fee for use of the gym. What that is is -- it is a 40 dollar an hour fee, I have a letter into the school board trying to waive that fee, which, in the past, it has been waived. I don't want that fee to cause any red flags, I wanted you to know that the documentation is in to waive that fee, although it reads, pay the fee on that contract, but not on the Hold Harmless Agreement. De Weerd: Mr. Nichols is that going to be a problem if they do agree to waive that fee to have even mention of it in our agreement? Nichols: Madam President, if I can ask Kathleen a question. The public knows, would you explain what it is you want to do with the facility, so they can understand what it is that you're doing. Kuebler: The facility is for the use of a co-ed adult volleyball league. From what the school board h as told m e - - y oulre t he attorney - - b ut when you sign a document -- when they approve the fee waiver, that will supercede the contract, so it won't matter. Nichols: Okay. Madam President? De Weerd: Mr. Nichols. Meridian City Council November 5, 2003 Page 8 of 76 Nichols: Madam President, Members of the Council, when the party thafs to receive the benefit -- which, in this case, the benefit of payment of fees, waives that benefit in writing, that supercedes the provision in the contract which requires the payment. I presume that this approval would be subject to obtaining the waiver of the fees from the School District. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yes. I guess that was the question I was going to ask. If the fee isn't waived -- Kuebler: If the fee isn't waived, we need to pay the fee or not have the co-ed volleyball league. Nary: So, where is the fee -- where is the fee going to come from if it isn't waived from the registration fees? Kuebler: Yes. It's coming from the registration fees and also from our recreation budget. Yes, our recreation budget covers that fee. Nary: But I mean when is this supposed to occur? I didn't see that. Kuebler: The board meets next week, I believe. The school board. Nary: Okay. What I'm asking is if the fee doesn't get waived next week, have we already advertised this program, so that people already paid their fees? Kuebler: Yes. Nary: And their fees include enough to cover this 1 ,lOO-dollar cost -- or 1 ,800 dollar cost? Kuebler: Not all of the cost. Nary: So, some of that's going to have to come out of the recreation budget? Kuebler: Yes, it is. Bird: Madam President? De Weerd: Mr. Bird. Bird: Kathleen, what are you charging the coed teams? Meridian City Council November 5, 2003 Page 9 of 76 Kuebler: 260. Bird: 250 and how many of them have you got? Kuebler: Six. Bird: Six of them? Okay. That's 1 ,500 bucks. Actually, budget is going to pick up the other 180, unless you -- do you have paid referees at the volleyball level? Kuebler: Yes. We also have a staff member. De Weerd: Okay. Okay. I have no problem with that. Thank you very much. Nary: Madam President, could I ask -- De Weerd: Yes Mr. Nary. Nary: So, how did we get in this pickle that we already signed up to have this league, but we haven't made the decision -- or we haven't had the approval to waive the fee or incorporate that into the cost of the league? Because I'm assuming that 260 are supposed to pay for the staff member there, the referees to be there, and the facility so, we are losing money to do this. Kuebler: Yes. Yes. Nary: So, how do we -- how do we assure that we don't do this again in the future, so we don't have to just absorb the cost? Kuebler: We haven't had to do this in the past, but what happened was there was a transition in this position, so for several months there was no recreation superintendent to see that this letter got there in time. When I got here, I discovered that this letter had not been sent. That's why it's a little later than normal. Bird: Madam President? De Weerd: Mr. Bird. Bird: In Kathleen's defense, this isn't the only thing that was dropped on her head when she come on board and she has worked out quite a few situations that wasn't very nice. l1's something that -- and most rec programs, Bill, that I know of, if they break even we are very fortunate. Nary: Sure. Meridian City Council November 5, 2003 Page 10 of 76 Bird: And that's what we have -- you know, that's what some of the taxpayer dollars do go to the parks for and it's for the recreation, but Kathleen was late getting in and the previous person did not do some stuff that she probably should have. De Weerd: Thank you, Mr. Bird. Any other questions? Okay. Mr. Bird, do you have a motion? Bird: You bet I have a motion. I would move that we -- that the President of the Council sign and the clerk attest the Hold Harmless Agreement for participation in activities and/or use of facilities with Joint District -- School District No. 2 and hope that the School District will waive the fees and I believe that's it. They got the contract drawn and for you guys to sign it. That's -- I don't what else I can say. Nary: Second. De Weerd: Okay. Is that you hope the school district -- Bird: Well, I hope they will, but I can't -- I can't tell them they have to. I can't tell them they have to. De Weerd: I just thought I'd ask. Bird: I hope they would -- I mean there is no way I can tell them they have to. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 6. Ordinance No. Amendments to SiQn Ordinance: ZOA 03-002 Request for De Weerd: Okay. Item Number 6 is Ordinance 03-1055 on ZOA 03-002, request for Amendments to the Sign Ordinance. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1055, an ordinance amending the sign code for the City of Meridian, Idaho, specifically amending Sections 3, 4, 5, 6, 7, 8, 9, 1 0, 11, 12, 13, and 14 of Chapter 14, Title 11, of the Meridian City Code, providing for appeals, conflicts, validity, savings clause, and providing an effective date. De Weerd: Okay. You have heard the reading of Ordinance 03-1055. Is there anyone who would like the ordinance read in its entirety? Thank you. Meridian City Council November 5, 2003 Page 11 of 76 Nary: Madam President? De Weerd: Mr. Nary. Nary: Yes. I had a question on the memorandum that we received here from Mr. Hawkins-Clark, if the ordinance that we are passing is the one with these changes, it seems like just fairly minor changes, but I wanted to make sure we were passing the right -- Nichols: Madam President, Members of the Council, the changes that Mr. Hawkins- Clark pointed out and requested have been made to -- in fact, that's why there is one at your desk, instead of the one on your CD-ROM. Nary: Great. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: A Iso, one 0 f t he issues before was t he effective d ate. The provisions with regard to the regulations on the animated signs are specifically mentioned as having an effective date, which is 30 days later than the other portions of the Sign Ordinance. De Weerd: Thank you. Nary: Thank you for doing that. De Weerd: Okay. Any other questions, Council? Okay. I'll entertain a motion. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of Ordinance Number 03-1055, the request for amendment to the City Sign Ordinance, with suspension of rules. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1055. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council November 5, 2003 Page 12 of 76 Item 7. Ordinance No. AZ 03-017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: De Weerd: Okay. Item Number 7 is Ordinance 03-1056, on AZ 03-017, request for annexation and zoning of six acres from RUT to R-4 zones for the proposed Parkway Subdivision by Six Point Development, LLC, 355 West Ustick Road. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1056, an Ordinance finding that John Kay Barton and Lita Barton, owners of certain real property generally located at 355 West U stick Road in Meridian, Idaho, to known a s Parkway Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk. You have heard the reading of ordinance 03-1056. Is there anyone who would like hear it read in its entirety? Hearing none, I would entertain a motion. McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 03-1056, request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC, with suspension of rules. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1056. Mr. Clerk, will you, please, call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council November 5, 2003 Page 13 of 76 Item 8. Ordinance No. AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Sprin~s North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: De Weerd: Okay. Number 8, Ordinance 03-1057 on AZ 02-028, request for annexation and zoning 0 f 8 1.54 acres from R UT toR -8 a nd L -0 z ones for t he proposed Cedar Springs North Subdivision. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1057, an Ordinance finding that Hal Murdoch Development Corporation and Chukkar Estates, the owners of certain real property generally located on the south side of West McMillan Road, one quarter mile west of North Meridian Road, to be known as Cedar Springs North Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and Limited Office District (L-O) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of Ordinance 03-1057. Is there anyone who like this ordinance read in its entirety? Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve Ordinance 03-1057, AZ 02-028, request annexation and zoning of 81.54 acres from RUT to R-8 and L-Q zones for the proposed Cedar Springs North Subdivision by Hal Murdoch Development Corporation, south of West McMillan Road and west of North Meridian Road, with suspension of rules. Nary: Second. De Weerd: It's been moved and seconded to approve Ordinance Number 03-1057. Mr. Clerk, will you call roll? Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council November 5, 2003 Page 14 of 76 MOTION CARRIED: ALL AYES Item 9. Ordinance No. AZ 03-020 Request for annexation and zoning of 1.13 acres from R-6 to L-O zones for proposed Office Jet Subdivision by Wardle and Associates - 1975 North Locust Grove Road: De Weerd: Okay. Item 9 is Ordinance Number 03-1058, AZ 03-020, request for annexation and zoning of 1.13 acres from R-6 to L-O zones for the proposed Office Jet Subdivision. Mr. Clerk, will you, please, read this by title only. Berg: Thank you, Madam President, Members of the Council. Ordinance Number 03- 1058, an Ordinance finding that Jake Centers, the owner of certain real property generally located 1975 North Locust Grove Road, Meridian, Idaho, to be known as Office Jet Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, 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 Limited Office District (L-O) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. De Weerd: Thank you. You have heard the reading of Ordinance 03-1058 by title only. Is there anyone who would like it read in its entirety? Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of Ordinance Number 03-1058, the request for annexation and zoning of 1.13 acres from an R-6 to an L-O zone for the proposed Office Jet Subdivision by Wardle and Associates, at 1975 North Locust Grove Road, with suspension of rules. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Ordinance 03-1058. Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council November 5,2003 Page 15 of 76 MOTION CARRIED: ALL AYES Item 10. Tabled from October 7, 2003: FP 03-052 Request for Final Plat approval of 12 building lots and 9 other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 by Bear Creek, LLC - South Stoddard Road and West Victory Road: De Weerd: Okay. Item 10 was tabled from October 7, 2003, and it's been asked to be tabled until November 25th. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that wet able F P 03-052, t he request for t he Final Plat approval 0 f 1 2 building lots and nine other lots on 10.92 acres in an R-4 zone of Bear Creek NO.7 to November 25th, 2003. McCandless: Second. De Weerd: Okay. Itls been moved and seconded to table Item 10 to November 25th. All those in favor say aye. Okay. All ayes. Councilman Nary is absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 11. FP 03-058 Request for Final Plat approval of 48 building lots and 9 other lots on 15.40 acres in an R-8 (PO) zone for Sundance Subdivision No.4 by Sundance Limited Company, LLC - north of East Ustick Road and east of North Meridian Road: De Weerd: Okay. Item 11. FP 03-058, request for Final Plat approval of 48 building lots and nine other lots on 15.40 acres in an R-8 PO zone for Sundance Subdivision No. 4 by Sundance Limited Company, LLC, north of East Ustick Road and east of North Meridian Road. Staff comments. Powell: Madam President, Members of the Council, this is the Preliminary Plat that you see before you. The property does have -- at the south is Ustick Road and on the west is Meridian Road. This is Phase 4 of that. Here it is. It's located approximately in this area. The Final Plat is in substantial compliance with the approved Preliminary Plat. I did want to go over just a couple minor issues with you. There was a Planned Development approved for this property to allow the office uses in this corner here. The Planned Development did not allow any reduced frontages for any other dimensional standards. This issue came up last week, so I kind of wanted to address it this week in a little more detail. What happened on the Preliminary Plat, we have this measurement here that says 40. When they are doing the Preliminary Plats, because it takes a lot of time and energy to calculate the exact curve distance, they take a cord measurement, Meridian City Council November 5, 2003 Page 16 of 76 which is -- saves them a lot of time and money and it's appropriate for a Preliminary Plat. The problem is when it comes to the Final Plat. You will see here there is the curve table C-42, well, the actual distance on curve C-42 is on the order of 39.68 feet, instead of 40 feet. The Zoning Ordinance has a dimensional requirement of 40 feet along these curves or 65 feet. As the Final Plat is coming in, they are just shy of that. Now, on the one that happened last week, they, actually, had requested reduced frontage requirements as part of their Planned Development. That was not the case in this instance. Now, staff is not saying that -- in any way that this isn't in substantial compliance with the approved Preliminary Plat, I just wanted to make that clear, but we do have an issue here where they are not meeting exactly the frontage requirements for the zone. However, this is exactly consistent with what we approved as a Preliminary Plat. This is the landscape plan. Staff -- the applicant has addressed those concerns in their response letter. Just kind of wanted to let you know what the situation was. I think that you will find that the planning and zoning staff are now going to ask every applicant specifically what frontages they are looking for. I think we -- if the engineering staffs want to do the cord measurement, I think they need to kind of bump it up to 41 feet on their half to make sure that they have got that frontage requirement when it comes in on these Final Plats. Unless we want to change the standards to just measure a cord length, rather than a curve length. That's the other possibility. De Weerd: Okay. Anna, did you have anything further? Powell: The Public Works Director, former City Engineer, did mention that it's always been 40 feet that they have had to adjust those in the past. De Weerd: Thank you, Gary. Now, Anna, the applicant had a couple of other items. Do you have any response to those? Powell: The fencing issue is fine. There is no need to create a tunnel lot there. The property that adjoins that Lot 50 is very odd shaped. There would be no need to have a fence there. It's unlikely that that will ever redevelop. It will probably just be a driveway for a single family h orne for - - unless somebody wanted top ut a wedding chapel 0 r something very odd back there, it's not likely to change. There are no concerns with that? The others were all frontage requirements. The Nampa-Meridian irrigation requirement, they actually -- it is within their jurisdiction. The applicant has talked with them and they have preliminary okay that it won't be a problem, so that should remain as a condition of approval. De Weerd: So, the only item that you would maintain to keep -- or have them change is item eleven on the cord lengths. Or not change. Powell: Well, yes, just kind of -- the reverse Condition Number 10 we could remove, the requirement to fence along that west boundary. That one could be changed. I think that eleven -- the frontage requirements, I think it's been the policy of the city in the past to make them 40 feet and probably need to maintain that, from what 11m hearing today Meridian City Council November 5, 2003 Page 17 of 76 from over my shoulder and Item number 14 needs to remain as a condition of approval as well. Nary: Madam President? De Weerd: Mr. Nary. Nary: Yes. I know Councilman Smith is sitting over there, but I'm wondering on this thing were they also making a statement -- that's fine. They are making a statement that other -- that the other phases have had the same ones, so now they are asking for basically -- for two different reasons. One, because they want to be consistent with the other phases and that was kind of the whole design of the project, as well as the issue of whether or not that's -- you know, the issue that you brought between cord length and the curve -- the arch length, but do you know on the other issue here where they talked about the other phases? Powell: I have to admit I didn't go back and check the past phases and I did not speak with Sonya about that. I guess in other places I have worked the general -- my general philosophy has just been -- just because they made a mistake in the past doesn't mean I need to continue it in the future. Nary: True. De Weerd: Okay. Any other questions, Council? Bird: I have none. De Weerd: Okay. Is the applicant here? State your name and address. Stiles: Sheri Stiles. Engineering Solutions, 150 East Aikens in Eagle, Idaho. De Weerd: Thank you. Stiles: Just to clarify a little bit on the cord length versus the arch length. The Preliminary Plat that was approved for this subdivision did have dimensions for the arch lengths, not the cord lengths. If you would take a scale to the Preliminary Plat that was approved, it would show that that does not meet a 40-foot cord length. This was also interesting. We inherited this project from another engineering firm and I don't know if Bill Nichols will remember some of the finagling that went on after I left, but there was even a new plat approved after the fact. They submitted a plat. When this was initially approved -- I don't know -- it was sometime during the summertime and they presented a plat that was dated December 1 st, which was after the Council action. The Council's action included required changes to the plat and when that road -- one of them was when the road was realigned to match up with Dave Couch on the south side. He was adamant that hew anted that tom atch up with h is driveway, we d id - - 0 r t he former engineer did make those changes and as a result, some of the lots fell below the 63 -- Meridian City Council November 5, 2003 Page 18 of 76 or 65. There is only one lot now that will be less than the 65. The other two we have room to accommodate that and change those, so they will meet the 40 feet -- or 55-foot frontage. However, changing those, so -- those lots so they are 40 foot cords, instead of arch lengths, will require removing two of the lots. There is no wiggle room. The applicant doesnlt want to lose any of the lots. They based all their financing on this number of lots. I would respectfully request that we not be required to meet that cord length and that we be able to have the arch length of 40 feet as was shown on the approved Preliminary Plat. Then, the other issue would be the one lot on the left side of that entrance -- just on the other side of the entrance, it's about 63 feet, and then, on item 14, I didn't have an error on that. The -- Lots 34 and 35 at the top where you see there, the easement there, apparently, does not belong to Nampa-Meridian or Settlerls, either one. Those will be parts of their lots and we will not require a license agreement for those -- or an encroachment agreement for those two lots. For the remainder of the lots on that eastern boundary we will have to get an encroachment agreement for the ten feet. Do you have any questions of me? Bird: Madam President? De Weerd: Mr. Bird. Bird: Sheri, I understand reading Item Number 12, Lot 40, Block 7, is the only one that cannot be adjusted, is that right? Stiles: Right. Bird: The rest of them can be adjusted? Stiles: The ones that fell below the 55-foot width, yes. Bird: Okay. De Weerd: But they still require -- or they still fulfill the minimum lot size? Stiles: The 6,500? Yes. De Weerd: Any other questions? Okay. Are we having a pow wow back there? Powell: Madam President, Council. No results. I guess I had misspoken. I switched the terms. I'm sorry about that. I donlt think we have any new information for you. De Weerd: Okay. Thank you. Stiles: Thank you. Nichols: Madam President? Meridian City Council November 5, 2003 Page 19 of 76 De Weerd: Mr. Nichols. Nichols: Anna, can you address the applicant's -- so that we can get these -- this order of conditional approval of Final Plat correct, would you, please, address the applicant's response item by item, so that the motion can reflect that specifically, because I'm not sure where we are. Powell: Madam President, Mr. Nichols, do you want me to address the staff's comment -- relate it back to the staff report or the applicant's response? Nichols: Well -- Madam President? De Weerd: Yes. Nichols: Anna, usually the -- especially with Engineer Solutions, they are real good about going down through and saying all the ones that they agree with, so we are only looking at the three or four that they don't agree with. If you will address each one of those as to what it is you're recommending the Council do on each one of those where they don't agree, then, we can get it straight. Because on one of those that they don't agree with, it has to do with the 40 foot length and if I understood Ms. Stiles correctly, if you insist on 40 feet, they are going to have to take out two lots and this Council needs to know that insisting on 40 feet means that and if that's your recommendation, they need to know that. One of the other ones you disagree with has to do with a lot, which is physically impossible to get to 65 feet, because the alignment required with the road to the south. Can you agree -- I think you said that you agreed with that one and I want to make sure that we go down through each one of them so I can get the order correct. Bird: I agree. Powell: Madam President, Members 0 f the Council, regarding item n umber ten, the question is on Lot 50, whether fencing is required along the eastern boundary. Staff believes that the applicant is correct in that fencing is not required along the eastern boundary of Lot 50. Regarding condition number 11. This condition points out a number of lots that do not meet the 40-foot minimum frontage requirement. It states that the applicant needs to make the necessary adjustments to meet this requirement. Staff believes that that is still a valid condition of approval. Regarding Item number 12. Lots 2 and 5 of Block 11 do not meet the 50-foot -- 55-foot minimum frontage requirement. Make the necessary adjustments to meet this requirement. Staff believes that that is still a valid condition of approval. Number 14. Provide a copy of the encroachment agreement with Nampa-Meridian Irrigation District for Lots 34 through 39, Block 9. Staff believes that that is still a valid condition of approval. Excuse me. It just -- the one change would be that right now it reads from 34 all the way down to 39. This lot -- it would actually be from 36 to 39. Bird: Madam President? Meridian City Council November 5, 2003 Page 20 of 76 De Weerd: Mr. Bird. Bird: What about Lot 40 Block 7, in Item Number 12? What's staff's -- Powell: Staff's concern is that there was no mechanism allowed to -- or approved to reduce the required frontage. Bird: Can it be adjusted, though? Powell: The variations to the open space lot would only require administrative approval, so they could possibly accommodate that foot and a half in the landscape lot, if Ms. Stiles is open to that. I believe that you could reduce the width of the landscape lot through an alternatives compliance from the - - 11m communicating with t he applicant. I'm sorry. I should be going through you. If the applicant wants to reduce the land -- width of the landscape lot, that would be an administrative approval, rather than having to go through a PO approval. We could do that with the alternative compliance, so that might be a way to remedy that situation. They could pick up their foot and a half in the landscape lot. De Weerd: Thank you. Does the applicant want to respond? Stiles: Madam President, Council Members, Sheri Stiles, 150 East Aikens, Eagle. I don't believe our client will want to make that kind of adjustment. He's already planned out his entryway and it would take significant shifting of every single lot all the way around, you know, just to -- that is -- that's a lot of work to do for a design tech. I guess we still assert that these lots are the same as was approved in the Preliminary Plat. These cul-de-sac lots have not changed from what was originally proposed. They were always less than 40-foot cord lots. De Weerd: Were those items of discussion at the Preliminary Plat level? Stiles: I can't recall. It was a long, drawn out -- you know, this was a project that was originally denied they resurrected it and brought it back. I do have copies and, hopefully you have copies in the city file of the Preliminary Plat that was approved. There was something that happened later that Steve Arnold convinced Dave McKinnon to change the conditions of the Final Plat unilaterally and we are just stuck with what got approved. You know, it wasn't our intention to try to -- to try to sneak something passed you, it was -- it's just how it was approved originally. De Weerd: So, this complies with what it was at the Preliminary Plat? Stiles: Yes. De Weerd: Any questions, Council? Okay. Thank you, Sheri. Okay. Any discussion? I would entertain a motion, if someone wanted to attempt it. Meridian City Council November 5, 2003 Page 21 of 76 Nary: Madam President? De Weerd: Mr. Nary. Nary: Just before I do that, I guess my motion -- I guess we will see where it goes. My motion is going to be to approve it with the requirements as set by Planning and Zoning and if they have to adjust it, they are going to have to adjust it. I guess I agree with Mrs. Powell's statement that these were done incorrectly and not in compliance in the other phases and we are not going to perpetuate that problem. I guess I don't see a reason -- I haven't heard anything as to a reason why to make them than less, than it's inconvenient, so -- inconvenience isn't enough. I guess I would move the approval of FP 03-058, request for Final Plat approval of 48 building lots and nine other lots on 15.4 acres in an R-8 zone for Sundance Subdivision NO.4 by Sundance Limited Company, LLC. North of East Ustick Road and east 0 f North Meridian Road, pursuant to s taft comments and the conditions of the November 5, 2003, staff report, as well as statements tonight by Mrs. Powell in regards to the conditions 1 0 -- 10 and 14, and to leave conditions 11 and 12 as listed in the staff report. Bird: 1111 second that. De Weerd: Okay. It's been moved and seconded to approve FP 03-058, with the changes as noted. Is there any discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: lid like to make one statement. I agreed with Mr. Nary on this. Two wrongs don't make a right and all of us sit here and seen that preliminary thing go through, I can't believe that we didn't have some questions on it at the time, but I agree wholeheartedly that -- that we got to make it right, regardless of what one and two is, so that's why I second it and that's why I'm in favor of it. De Weerd: Okay. Thank you. Any further discussion? Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 12. Continued Public Hearing from October 21, 2003: CPA 03-003 Request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Meridian City Council November 5, 2003 Page 22 of 76 De Weerd: Okay. I will first open Item 12 only. Council do you have any problems with that? Okay. Okay. We will go ahead and open up the continued Public Hearing from October 21, 2003, on CPA 03-003, request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for the proposed Stapleton Subdivision by Wardle and Associates and we will ask for staff comments. Powell: Madam President, Members of the Council, at our last hearing you directed staff to work with the applicant to come up with some sort of standards to allow residential development somewhere within this wastewater treatment plant area. I guess I'm just going to run you down kind of the sequence of events of what we have done since we met last week. We did meet with the applicant on the 24th of October to discuss the issue and at that time, we kind of agreed that we would look at three areas of standards. One would be kind of a separation standard for odor control. We talked about a -- perhaps a berming or some sort of standards in regard to noise and, then -- and for light or for just the general appearance. We talked about some landscaping standards. About all we agreed -- we didn't agree to any specific standards that day, it was shortly after our hearing with you, we just kind of discussed what kind of tactic we planned on taking it over, what kind of research we planned on doing. We did at that time set up a second meeting to come back with more specific standards, with the hope that we would be able to share some ideas on some specific standards with the applicant at the next meeting. Originally, we had scheduled that for Monday, I believe. Monday or Tuesday of t his week. We didn't actually have a chance to do until this morning and I will get to -- in little bit about what we talked about. After that first meeting we did do a fair amount of research. I went through probably a good four or five inches of articles on industrial standards and separation standards. I was unable to find anything that was specific to wastewater treatment plants. I also went through separation standards for CAFOS, the Confined Animal Feeding Operations, basically, feedlots, dairies, things like that, but those separation standards are in excess of our whole a rea, our whole district. Those tend to be a quarter mile at a minimum. S 0, those weren't very helpful. The public works staff contacted Boise city regarding their Lander Street facilities and some of the difficulties or challenges they have in being in a fairly dense urban area and the cost requirements of their odor scrubbers and some of the other equipment that they do. Brad can give you a few more specifics on those a little bit later. The do -- one item in particular, though, is those odor scrubbers and they did give us kind of a range of price on that that went from like 200,000 to 500,000. So, those a re fairly expensive i terns a nd wed ecided tog 0 a head a nd purchase a noise meter and we took a bunch of readings on the site, because at the hearing it became evident that noise was an issue. Fortunately, the individual readings that we took are the little the black dots, so it was a limited sample. Public Works staff was able to do a little bit of contouring for you and, again, the bubble goes down to the south, because that's where we took additional data. The more data you have, the -- obviously, the better model, but this was just an attempt, but what we found is that those noise levels are pretty high out there. The one on the southern most black dot I believe was 69. I can't read my copy from here. I believe it was 69. We have a paper copy. I can look. ,- \ Meridian City Council November 5, 2003 Page 23 of 76 This point 69 decibels. This was 70 decibels. Seventy-six decibels. These along here varied from 69, 75, 70, and 76. There is a fair -- there is a wide variation depending on if there is a building in front of it. This was, obviously, the -- what generates what most of the noise, the train and the prevailing winds. As I said, we did meet again with the applicant today and we were unable to give them specific standards. We just weren't able to find some. The noise seemed to be the thing that we could get most of a handle on. As I pointed out, those decibel ratings to you, this is an idea of how those rate in regard to other noises. Rock music with amplifiers is 11 0 decibels. The danger level begins at 70 about decibels, which is a busy street. Sixty decibels is a normal conversation 50 is a quiet street. Ideally, you would be looking for these kinds of levels, and this came 0 ut 0 f some of t he material t hat I was a ble to find. F or a residential district with just single family residential during the evening hours you would be looking for 45 decibels. That's inside. The building itself would muffle some of those noises. So, outside would be probably closer to the 7:00 to 10:00 p.m. reading, so that would be the 55 decibels. Multiple family residents -- residential, there is a little bit of a higher expectation for quiet in those areas and, again, commercial, light industrial, and heavy industrial. I think that this is in sync with what the idea of the wastewater treatment plant area was, was that to surround the wastewater treatment plant with some uses that had less expectation of quiet than others, particularly with regard to single family residential, and I did talk to the applicant about an issue of -- if the Council wants to allow residential, that maybe multi-family would be more appropriate than single family, although limited density still, but with a multi-family residential there is not that expectation that you're outside in your yard having a barbecue. There is -- sometimes you have a porch, but that you don't spend the type of time on a porch that you would in a back yard or have those same expectations that you do with a single family residential. Kind of in line with the expectations, we know that the applicant is proposing -- or has proposed the easements that would notify these folks that there is a facility nearby. Staff still has concerns that, you know, even though someone may decide that this is the only house they can afford and they want to go ahead and buy it, they figure they can live with the smell, we still have a lot of concerns that once they get in there that they are going to decide that they can't really live with the smell and that they -- even through there is an easement that says they won't complain, that won't stop them from complaining. Maybe it will stop them from winning a lawsuit, bit it won1t stop them from taking a lot of staff's time and the attorney's time addressing those complaints. We are very much still concerned with that. I will try and wrap up. I'm sorry. Regarding the issue of the map area just being too large, there does s.eem to be some validity for that, although I haven't done a critical analysis of the materials that the applicant presented, but I think there were a couple major flaws. One was that there was no real access to this property, yet we have been talking about Black Cat or Ten Mile becoming a major access from Gem county through to the freeway, so I think that that argument that -- that this won't be a draw to mixed use may be short-sighted with regard to the extension from Gem county. The other thing to consider is that even though this had -- we showed mixed use here and, then, there is a limited amount of mixed use shown on Chinden and, yet, when the North Meridian area plan came through, the developers were all saying, no, this area can support more mixed use. It's confusing to me how we can support it on a -- the east-west route is certainly more ( Meridian City Council November 5, 2003 Page 24 of 76 regional at this point than the north-south, but I think that, eventually, there will be the north-south regional route through this -- or nearby this area, so that this -- over time that this area could support the mixed uses that are proposed here. I think you can see that staff is still supporting the Wastewater Treatment Plant as it is. If the Council -- the only conclusion that we could come up with that we felt comfortable with as far as where residential might be appropriate -- the prevailing winds go this way and this way. I'm sorry. For the record, that's northwest to southeast and southwest to northeast. The way they don't seem to run is west or north. If there were an area that would be appropriate for residential, it would be these areas that are kind of -- we would want to keep some sort of buffer. We are not sure what would be appropriate, based on noise or odor, but we would want to keep a buffer from this west property line of the treatment plant and along the north, but it would be kind of this area here. We couldn't come up with anything definitive. I think what our data sampling on the noise study taught us is that it's noisy out there and that we probably aren't qualified to do a real noise study. That was kind of the conclusion of that, and that it might be an interesting endeavor to actually have a noise study done by someone to find out what kind of effect there might be from the existing facilities. Then, project it over time what the -- as the plan expands to accommodate the development needs of the community, what it would be in the future, so -- that is a very long presentation to tell you that we really did try to -- I hope it's evident that we did try and come up with some good standards. Unfortunately, given the time constraints and just our staff expertise, we were not able to come up with anything at this time and the Public Works Director has some comments as well. De Weerd: Thank you, Anna. Gary. Smith: Thank you, Madam President, Council Members. I just wanted to give you a little history on -- excuse me -- on the wastewater treatment facilities that Meridian has had, to give you an indication of what we have been trying to do to provide these facilities. Many years ago the wastewater plant was located at the west end of Broadway at about 8th Street and Nine Mile Creek is right there and that was used as a point of discharge for the treated material. It, then, moved to the north end of Northwest 8th Street, which is where the water department is located now and that was our wastewater treatment plant and it discharged into Five Mile Creek at that point. In 1976 construction began on the wastewater plant at this present location with its point of discharge into File Mile Creek again and it also has a pressurized line of discharge to the south channel of the Boise River. This plat was opened in July of 1979. You can probably tell by the dates that this plant was several miles from the City of Meridian. The city was -- had forethought enough to say this facility needs to be located out away from development, but yet in the process to provide lands for development by -- and let the city grow and that's what it did. This present site will accommodate a plant twice the size that it presently -- that presently exists. That completed plant will serve a population of about 150,000 people. This is an activated sludge treatment plant and the very nature of that treatment is -- a part of that is aeration of the waste and so from that type of treatment you will get odors. I think any day that you go out to the plant you will notice a difference in air quality and I think Council Member McCandless can testify to that. Each time we have our manager's meetings out there, when you drive in you Meridian City Council November 5, 2003 Page 25 of 76 notice the odor. When Rhonda Layton testified at the last hearing, she said that 80 to 1 00 days out of the year, if I remember it correctly, she notices odor. It's not offensive to her, because she's around animals and is familiar with similar type of odors. She was very concerned about the light and about the noise. The doubling of the size of the plant is only -- that noise level is only going to increase. You know, we can do things with the lights as far as shielding. We can do things with the noise to a certain point. All of these things are an additional expense and this expense will need to be paid for by the users in the City of Meridian. As Anna mentioned, the prevailing wind is in the northwest, southeast primarily I would say direction and that contributes to the odors in this proposed plat area. In my opinion, the notes on plats and statements in CC&R's, deed restrictions, will be effective for a certain number of buyers and primarily on the first time, I think as Council Member de Weerd mentioned in the last -- at the last meeting. I know that Jake builds a pretty attractive facility and at a reasonable cost and I think people are excited to get into their -- a new facility and they won't understand or realize what odors can be there, what noise will be there, what light contamination is there, until they are there. Then, we will be responsible to deal with the complaints. As Brad mentioned in his testimony last time, the odor requirements, the odor control, and esthetics are not a part of our NPDES permit requirements. As Anna mentioned, Boise city has expended significant dollars in deal with odor at their Lander Street plant. These costs have to go back to the users in the City of Meridian. All the users. I think that's the extent of my comments, President de Weerd and Council Members. I think that this is a serious concern toP ublic Works Department. If it does proceed 0 n to consideration -- further consideration for residential development, then, a substantial amount of time should be dedicated to a study of these concerns that we do have in the odor, the noise, the lighting requirements, et cetera. That we, as your staff, can decide what this is going to cost. Thafs what it's going to come down to is the cost, along with being able to protect the people that move in to a residential development and I guess protect your staff, too, from complaints that are -- that will be coming -- forthcoming. Thank you. De Weerd: Thank you, Gary. Any questions, Council? Bird: I have none. De Weerd: Okay. Nichols: .Madam President? De Weerd: Mr. Nichols. Nichols: Madam President. Anna, did -- I don't know that we ever put in the record the uses that would -- on this particular -- I know it's a Comp Plan Amendment, but we are talking about one particular parcel also that's already in the city and zoned. Do you have the allowed uses in a C-N zone? Meridian City Council November 5, 2003 Page 26 of 76 Powell: Mr. Smith is going to go get a zoning book for me. The property is currently zoned C-N. They are requesting on the applications that we havenlt actually opened up yet. They are requesting a change to residential from C-N. The allowed uses in C-N include -- it sounds like my computer is self-destructing here any moment. Sorry, I'm a little preoccupied by it. Principal permitted uses include accounting services, administrative services, bakery stores, churches, convenience stores, laundromats, libraries and museums, planned commercial development, shopping centers. Conditional Uses include automobile service stations, automobile washing facilities, banks, and other financial establishments. Bars, childcare centers, clubs, and lodges. Drive-ins, dry cleaning, and good child care homes. Nurseries and daycare centers. Professional sales offices, restaurants, retail stores, schools, and service stations. There are a number of allowed uses within the C-N zone that would be consistent with the mixed-use wastewater treatment plan designation. De Weerd: Okay. Council, are there any other questions? Mr. Nichols? Okay. Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Wardle: Yes. De Weerd: Thank you. Please state your name and address. Wardle: For the record, my name is Jon Wardle. My address is 4940 East Mill Station Drive in Boise. I appreciate being back here in front of you this evening and also lid like to thank staff for the time that they have spent on this. We were invited to go out do the noise measurements with Mr. Watson, but we were unable to do that. I just had a couple of questions I want to ask about what exactly -- since I wasn't there, what was -- what were we listening to? Was that just the noise of the building itself or was it generators or can that -- just so I know what we are talking about here. Powell: The equipment -- there is one particular piece of equipment that is quite noisy and that was running. It's always running. I think they have -- okay. Here is Brad. Sorry. Watson: Madam President, Council Members, I will try -- there we go. Right -- where the laser dot is at the center of the contour, that's the highest point we measured. That is the aeration -- the blower building and it runs 24 hours day forever and ever and ever. That's what keeps the bugs alive in the aeration basin. It never shuts off. When we were out there we had the blower going and one generator set that was running that blower. Those are each 200 horse motors and they whine. It's kind of a high-pitched squeal. I had asked them to start the generator, because it does run at least once a week under test -- under test load and, obviously, it will run when there is a power outage. There are three generators, actually, on site. One of them is enclosed in a building. The other things that were going on were just normal equipment running. There is a motor building just to the right of the center of the contours. Those are just Meridian City Council November 5, 2003 Page 27 of 76 recycle pumps. Those run continually. If there are any other questions, I will answer those. Wardle: The reason I just -- I wasn't sure if it was -- I heard that you had some generators out there on site and I wasn't sure if those ran all the time. I would assume that they are pretty hefty pieces of equipment to keep the center running if the power does go down, or if it was just the regular equipment in the facility that has that noise and so I appreciate that. In the discussions that we had with staff -- when we came from this meeting several weeks ago, we were under the impression that we needed to come up with some standards. There was quite a bit of discussion that residential may be okay, but we donlt have any standards by which we might enact that, and so there was discussion, as Mrs. Powell indicated, about buffering. I think there was some landscaping issues as well and issues with noise. One thing that we had discussed in terms of a buffer was a 400 foot buffer around the physical boundaries of the Wastewater Treatment Plant, that no new residential could be allowed in there and what that basically is, is just saying we are going to create a buffer, so the residential isn't directly adjacent to it. There was mention made of the Lander Street facility. I have walked that facility. I haven't physically walked the plant, but I have walked the grounds. I have also walked the adjoining neighborhood, which is directly adjacent to the facility. There is no buffer at all. There is even a new development, a little townhouse project, you just drive right down to it and they have a big -- it's probably 60 feet off the property line is where the bulk of the equipment is there on that site. What we were trying to attempt was put a physical buffer around it of 400 feet and, then, what do those standards needs to be. When Mr. Centers contacted me and said that they weren't able to come to an agreement, we quickly just wanted to put something together that addressed some of those issues, because this does affect the entire wastewater treatment plant. We are not -- we know that we are in here specifically with one application, but whatever is done here with this Comp Plan Text Amendment does affect everything, so what are the standards by which new residential development might occur. This is the same thing that we submitted with our application, we have just amended what we wrote in terms of addressing a buffer and also by what standards and we feel I ike an R -8 standard is a ppropriate. There w as some mention of multi- family, but we still feel like an R-8 residential standard would be appropriate. The part that is changed there -- we said that -- cannot be closer than 400 feet from the edge of the legal property boundary of the wastewater treatment plant. All new residential development should still go through the Conditional Use process and all new residential shall comply with the R-8 medium density residential district. Instead of creating a new type of standard, why not use a standard that is known to the city, which is the R-8, and we feel that that would be acceptable. Also, as this goes forward there are two conflicting goals and objectives in the Camp Plan and we have just simply annotated those there, that as a motion is made those two issues be stricken from the Camp Plan as a text amendment as well. Really, we came here to discuss those issues, because that's what we were tasked to do. There are a number of other issues. We are not trying to insensitive to the concerns of noise, odor, and lights, glare and dust from future construction. Mrs. Powell is correct that Ten Mile will likely be a north-south corridor connecting to the north and all the way down to the freeway, and that's good for those ( Meridian City Council November 5,2003 Page 28 of 76 properties that front on Ten Mile, but as you move down Ustick, I think the actual ability to go to a commercial application becomes more difficult. I would like to ask another question as to what exactly is the zoning designation in the Wastewater Treatment Plant. What zone is it in currently? De Weerd: Well, it's currently its own zoning. Isn't that correct? Powell: Light industrial. Industry. De Weerd: Light industrial. Mixed used light industrial? Powell: The Comprehensive Plan designation shows it actually is quasi-public, but the zoning designation is I-L. De Weerd: Okay. Wardle: The reason I bring that up is we understand the concerns that are being raised. We don't feel that the issue of odor is insurmountable. We presented a way that we can address that with our future owners. When deeds transfer, there will be something noted on each one of those deeds, as well as the CC&R's and a note on the plat that this is subject to an odor easement, in essence. We feel like thatls a very good way to deal with it. I think there are some things, regardless if we are here or not, as you allow more businesses to come in or if the decision is for residential to come in or whatever it might be. There are some things specific to the light industrial zone that -- some of these issues need to be addressed regardless if we are there or not. Specifically, light industrial talks about odor, noise, glare -- and I just think those are things that we are willing to submit, coming into this project, that we can address this with an easement, we will notify our owners. I think we have a better opportunity to notify owner-occupants than rental u nits, I think rental would be probably a least desirable way to go. You know, there was some discussion on a previous applicant over near Pine Street that was for a mixed -- or a multi-family project near some industrial, and there was some concern about that being there and being in the right place. Especially because they were going to be rentals and there was really no way to address that with those future residents there. I just -- I feel like we have tried to address these issues the best way that we could. We have tried to be creative. We have given you the standards -- or some standards that should be seriously contemplated, because that's what we were tasked to do when we left this meeting last time. Mr. Centers stood up here and asked if that's what we are going to try to accomplish, then, letls do that, and now we are kind of back saying, no, we shouldn't go that way. We just want this to be seriously considered and we have reviewed the Comp Plan findings in here, we are in agreement with those that listed, and just recommend your approval of those. I'll stand for any questions. De Weerd: Council, any questions? Okay. Nary: Madam President? ( Meridian City Council November 5. 2003 Page 29 of 76 De Weerd: Mr. Nary. Nary: Mr. Wardle, tell me again on the 400-foot boundary -- where did you come up with that number from? Wardle: Madam President, Mr. Nary, we -- as Mrs. Powell indicated, there is not really a standard out there, so we just tried to come up with something that was acceptable. Obviously, we were down on Ustick and 400 feet comes in about this location right here in terms of where it would hit us. There wasn't really a mechanism to address, you know, where that came from. There are no standards out there, so we just decided maybe that would provide a sufficient buffer around the entire wastewater treatment plant, a 400-foot buffer. Nary: Thank you. De Weerd: Mr. Bird, did you have something? Bird: I don't right now. De Weerd: Okay. Okay. Thank you. Wardle: Thank you. De Weerd: This is a Public Hearing. Is there any further testimony? Okay. I did want to note -- is there a Bill Hallman in the audience? Okay. He was signed up on an application that's going to be continued, so -- okay. Council, discussion? McCandless: Madam President? De Weerd: Mrs. McCandless. McCandless: I wholeheartedly agree with everything that Gary Smith said, because I'm afraid that if we allow residential out there, that we are going to get inundated with complaints and expect the city to somehow fix all the problems they have got out there. I just don't think that's going to be possible. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with Cherie on that fact, that it's going to cause a lot of problems and when we went through this Comprehensive Plan, we probably spent 50 percent of our time on the Comprehensive Plan as a Council going over this area out there, making sure that we did it and as Anna stated what is allowed out there and, then, all of a sudden now -- I don't when Mr. Centers bought his property, but I'm sure the property was bought after ( Meridian City Council November 5, 2003 Page 30 of 76 you Comprehensive Plan was in place. He knew what had to go out there. I think we are asking -- not that I don't like to see the developers be able to do what they with their property, but I think in that area we are asking for major problems if we don't stay to that zoning that it is already and get in -- we have already turned down what I thought was halfway -- was better proposal than this and I think if we put residential out there we are asking for nothing but trouble. I mean, you know, I was raised -- born and raised in Nampa, Idaho, and I had to go with the sugar factory all the time. I mean that's -- it's tough and we are just asking for trouble by doing it -- we have got a chance to not -- of helping ourselves by staying to the zoning that it is right now. That isn't on residential and the 400-foot buffer isn't going to make a bit of difference up in the air, unless you -:-- unless you go 6 or 700 feet in the air with some kind of a buffer, but -- which you can't do. De Weerd: I guess I would add to that. Our staff, even though we had asked to have ideas 0 f what standards can b e - - if residential were to bee onsidered a nd s taft has come back with information as far as the noise decibel levels, odor issues that other communities experience, and the prevailing winds, so that as they look at this and consider its residential practical in the designated area, the winds and how they blow that odor do have a lot of factors in the amount of complaints that could be possible out there and where it would be beneficial to place residential if it would be considered. So, I think the testimony that our staff supplied us with tonight is very pertinent to the request we make as far as if residential should be considered, where should it be considered and what should those standards be. I think what they have brought back to us is very beneficial as to what we asked them to come back with. You know, it might be the fact that we need to get more information, because what we do set up we want to make sure that we are not establishing extra expense to our rate payers and extra work for staff and misconception of residential where we would place them. We do need to look at uses and what is most practical and feasible in those areas in light of what's surrounding it. Nary: Madam President? De Weerd: Mr. Nary. Nary: Anna, would you put up the other one that shows the land use map picture. That one. You know, I guess one of the things that sort of troubles me is -- although I agree with a lot of what's been said about the potential problems of residential, we drew these lines based on, really, no particular -- no particular scheme of any sort. We didn't look at what was feasible, what the access road was, where the winds blow, what the noise radius of this place would be, we just, really, drew the lines in a fairly arbitrary manner. Now, on the other side of the coin, about the only thing we did agree to was that residential didn't belong here and we took two years to get to the Comprehensive Plan, which I know that you know, Mr. Wardle. We had a lot of discussion about this whole idea of residential. I guess the thing that -- I don't disagree that what you're wanting to do or what Mr. Centers is wanting to do is necessarily bad. What I guess I don't know is that if we have enough information to really to make a very reasonable decision. I still (' Meridian City Council November 5, 2003 Page 31 of 76 believe, like I said a few weeks ago, that I -- I don't know that having a house on this side of Ustick is a whole lot different than having a house on that side of Ustick. I don't necessarily -- so, I don't necessarily believe that residential in itself could not work in this area. There has to be a whole lot more thought and I know part of it is -- part of it is because -- if what I understood, the winds blow from approximately this northwesterly area to the southeast and somewhat from the southwest to the northeast, which would say that residential belongs up in this area somewhere. We don't -- you know, these lots aren't laid out in a fashion, you know, consistent with the contours of the land or the wind patterns out there or how the treatment plant is laid out or any of those things. I guess my point is I think there needs to be some thought on how to make this better. You've only had a couple of weeks with staff. I do think there is probably some thought can be done into this wastewater treatment plant. You know, I guess part of the problem for m e is if we h ad some buffer in h ere a Iready, lid have abetter sense 0 f where the residential could go. If Mr. Centers was here -- is it this piece? Wardle: It is. Nary: If Mr. Centers was here with a subdivision similar to what Fairview Lakes was originally four gyrations before where it is now, which had some type of storage type of facility like this one, because that was the other thing we did like in this area was a storage facility. If we had a better buffer sense of what would be in this 400 foot area or 500 feet or 600 feet or where ever the line is going to get drawn, if we had some better idea -- I think the discomfort, at least for me, is the fact that right now what you're asking is develop this into residential property with really no buffer at all, other than distance, and our concern is the noise, the odor, the truck traffic and everything else, and until this gets developed in the buffer area in some manner, I think what we feel like is we are buying more problems than what we really are ready -- really ready to deal with right now. Wardle: If I might, in a previous version on the Comprehensive Plan before this one was ultimately adopted, December 2001, as a matter of fact, this area, which, essentially, did put about a 400-foot buffer, was all shown as residential. I asked the Comp Plan staff why this part was changed to this and he said, well, we didn't want to cause property to be one part mixed use wastewater treatment plant and the other part residential, so we took it all the way down to Ustick Road. Now, to me that doesn't come across very scientific. I mean it was just -- we don't know what to do with this area, other than we don't want residential there, so let's do that, and see what happens. We know that -- and I went through this all last time, I won't go through it again, but I guess we feel that that area -- most of the area, as a matter of fact, but this area specifically is no different than having the residential here. If the prevailing winds come here, well, what about these projects here for sometimes when the prevailing winds go there, what about these projects up here. The odor, if there is an odor, doesn't stay in those 420 acres. We could put a big wall around it, but it's not going to stay there. We all have experience from time to time -- the beet factory. You smell that in Boise when the winds come. I mean that's just a -- it doesn't happen all the time, but it happens occasionally. What we are saying is we recognize that ifs there. We think residential is j i (0 Meridian City Council November 5, 2003 Page 32 of 76 okay. I donlt think you will have any difference -- what's to stop a business owner from coming in and complaining about the noise, the odor, and the lights? The light industrial zone specifically says that you need to be free of hazardous, objectionable elements, such as noise, odor, dust, smoke or glare and that need to be operated entirely -- almost entirely within enclosed structures. That's a light industrial zone. There are other things in there talking about noise and odor. We are saying at least from -- we want to do t his odor easement to address these issues, b ut t hatls not going to stop anybody else from complaining. Ms. Layton, yes, she did say that, you know, 80 to 100 times during the year she does smell it and she lives right here, but she, actually, said the bigger complain that she had was the lights and the noise. What's to stop somebody who isnlt willing to do an odor easement like we would from asking the city to change those things in the future? De Weerd: Well, I guess what you have raised is that it needs further study. If it arbitrarily has been designated, there has to be some kind of rationale behind things and I think that's what are staff is saying, too. It needs further study. I don't feel qualified to make those determinations with the information that we have. It's -- and, certainly, we didn't have it, then. I do know at the time we designated that is we did suggest that it needed more information and we are still there. Wardle: So, what the next step? Because if we go away, then, the next individual that comes and asks -- it's likely without this further study you're going to say, well, we haven't got there yet. What are the steps that the city is going to take to evaluate this further and address the issue of the wastewater treatment plant? De Weerd: Well, I had kind of hoped that maybe those next steps would be an item to be discussed and I don't have those next steps for you. Wardle: I guess I'm just concerned that if we -- if we are denied, that there won't be a next step. Because, then, there is no -- there is no incentive for the city to address the issue, because if there is not an application on the table, it just won't be addressed. I know that the staff is busy in other things and we are not trying to take up their valuable time. We just thought we'd come up with a solution -- an acceptable solution that addresses some of those issues, that delineates a buffer, that addresses what the design standards or development standards may be. If we are denied, there won't be a next step I fear. Nary: Madam President? De Weerd: Mr. Nary. Nary: I think you're probably right, you know. We all sit here enough to know that it does take something to drive the train and we did have this discussion a year ago on this area and -- but I guess my question to you, then, Mr. Wardle, is what do you want us to do? Do you want us to accept your recommendation? Do you want us to schedule a workshop with yourself and the planning staff and the Council to discuss Meridian City Council November 5,2003 Page 33 of 76 that? Because I don't -- I guess I don't feel like this is the appropriate forum for us to decide between whether it's 400 feet or 500 feet, whether or not -- I mean I think what you propose in general makes some sense, you know. You're right, if a person comes in with the uses that we consider to be allowed to a degree in this area, the concerns about noise and odor donlt change and their ability to complain about it doesn't change. I think you're right, I think there has to be something that we have to figure out what do we do with this big orange block, because we didn't draw it based on anything other than the lines of the properties that are there and that was it. We know from other.areas and when we have done that, that that by itself doesn't work and we have to figure out what really works the best. That's the only thing I can think of. It's -- rather than deciding on your application that we have some opportunity and time to discuss that in a more informal setting. We may have to ask both our staff to provide the best input they can, as well as maybe provide us with information of other people that might provide us even better. I think they feel the same challenge that President de Weerd is feeling, that we donlt have enough information or the expertise ourselves to do that and I think what we had hoped is that someone else would take that upon themselves to do that. That, obviously, didn't happen. Now what we are left with is -- is what you're suggesting and I'm just wondering how we are going to do that. Wardle: Madam President, Mr. Nary, I -- I apologize I got dizzy all of a sudden. Just give me a second. I agree, this is not the appropriate time, probably, to hash out those issues. We just don't want this to be pushed aside. I believe that we have offered some very valid arguments as to why the uses that are potentially allowed, if granted a Conditional Use Permit, will unlikely fill up this entire section and what does that give us? What's left over? That's what we are really pushing for. We would hope that you would accept the recommendations that we gave to you, but recognize also your wanting to make the right decision based on good information, so I just don't want the issue to be dropped. De Weerd: Well, I know at one time we asked the Mayor to pull together a list of projects. I think almost every meeting we have the opportunity to load one more task on the shoulder of our staff and, you know, they can't juggle all those balls and so we need to take a look at what projects are there, what priorities they have been assigned and where we can fit this in. We have a number of property owners asking for items and when sewer is going to be there and everything else and our staff cannot do it all at the same time and so what we need to look at is where this can fit within their priority list and certainly give a time frame to the property owners on when this can happen and that does need to happen. We owe that to the property owners. At this point I can't tell you tonight when that's going to happen, because we donlt know what our staff work load is and if it would be unfair to the staff and to the property owners to say that it's going to happen within the next three months, when it's not practical to say that. What I would like to suggest is maybe to give this to staff and let them look at it and give us a time frame -- give us an idea of when it would be practical to bring this up and, then, what the next steps would be. Staff, is that a reasonable request to make? [' (, Meridian City Council November 5, 2003 Page 34 of 76 Powell: Yes, and it -- in other jurisdictions I have worked in, quite honestly, a change to a Comprehensive Plan, the applicant would come prepared with their own findings, their own reports, to justify the fact that this isn't appropriate, you know, that there should be some sort of residential development, whether it's an economic study, whether ifs a noise study -- I mean it's not uncommon to see the applicants themselves provide that information. I think we -- on the -- the issues associated with the north Meridian comprehensive plan amendment, there was similar problems and they come in, but they are not -- the thought that -- trying to word this delicately. It's not a level of analysis that's there for staff to be able to just evaluate it on face value, similar to what we do with the subdivisions, you know, can we evaluate all of this. As staff it feels like we are being asked to rewrite these things after we have gone through them. I have been here a short time, but -- and just go through and research all these things where, really, if it's an applicant driven request, in other communities ifs quite typical for them to do the research, for them to provide those things, rather than patting that burden back on the city after you have already done it. As a sideline, we have got a pre-application meeting on Monday for a mixed use in this corner area, so it may be that mixed use wastewater treatment plant mixed area is appropriate for this and I still think that this is a new designation. If 1 0 years from now, if none of it goes, then, they have got a real strong argument for -- that this is an inappropriate designation and it just doesn1t work. At two years or at a year and a half, without real proof of one way or the other, I don't know, and in regard to following lot lines, staff was very consistent on the Comprehensive Plan to follow lot lines. There is a reason for that. Our zoning code has no way of dealing with mixed zoning on a property. A property has to have one zone or another. To have a Comprehensive Plan that has two designations would foreseeably, if they didn't want to subdivide, generate the need to have zoning on two -- two different zonings on the property and it's just impossible. It did make sense to follow lot lines. In this case, they were large 40-acre properties. De Weerd: Thank you, Anna. Mr. Centers, did you have some additional testimony new to this -- is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Centers: It is. De Weerd: Okay. Please state your name and address. Centers: Jake Centers, 2011 Locust Grove. De Weerd: Thank you. Centers: We are coming right back where we were last time with the whole thing. I just wanted to bring up a couple points of -- I guess 11m just having a hard time really fully understanding what staff's whole hang up is about allowing residential in this zone and from w hat I'm hearing i fs really to help protect t he wastewater treatment facility a nd particularly the odor keeps coming up. You know, we have done our research on it. There has only been two complaints in the last five or six years -- and I don't even know { Meridian City Council November 5, 2003 Page 35 of 76 if they were legitimate complaints, as much as maybe inquiries into, hey, you know, what's the smell deal, so -- you know, it's not like the city is receiving a lot of phone calls at this point. We have heard talk of expanding the wastewater treatment facility, more people, more processing equipment. Well, you know, I bought a cell phone two years ago, I bought one last month, and the one I bought last month has way more technology than the one I bought two years ago. I would think that the same would hold true for wastewater treatment equipment, that whatever you're buying today is going to be a lot more technologically advanced than the ones that you already have in existence and, if nothing else, they are going to be equal. You know, even though you're going to add more equipment, it's actually going to be better technology and probably scrub the air better than the systems that you in there now. I think you're, actually, going to get an improvement in the facilities and the product that it's putting out by purchasing this new equipment, which you're going to have to do anyway, regardless. De Weerd: Mr. Centers, these are assumptions and what we are saying is when you come with an application to amend the Camp Plan, you need to come with more than just assumptions and you need to come with more than just vague ideas of what can happen. I think you have raised some very valid points on the amount of uses and that it does need more study, but what Mrs. Powell is saying is when someone comes with a Camp Plan amendment request, they should come with something very solid as far as what the recommendations are, what -- more than what the assumptions are, so that we have something tab ase 0 ur decisions 0 nand that is n ot h ere for u s tom ake those decisions on and that's what we are saying. You know, we can make assumptions and -- but we are passed that. What we ask and what was brought back is still not enough to make good, solid decisions on that is going to affect that whole area and that's what the conversation is based on right now. Centers: Okay. Well, I would just revert back to what started this whole process was we looked at the other projects that were brought before you in the past and denied and we looked at the records, the minutes on those meetings as to what the massive public input was on what they wanted to see in this area and the answer to that was residential. That, coupled with the fact that -- you know, of the facts we presented with you before of 420 acres is not really feasible to fill it with the allowable uses and I think we got somewhat an agreement from this Council on that. That's our justification for allowing residential in this area or -- you know, I mean that's why we are here and I don't know what more factual evidence we can bring to the table on that, and, you know, the other part about, you know, putting the burden on us to come up with the boundaries or the standards, you know, that's kind of unfair, because, admittedly, those boundaries and standards that are on that map right now were totally arbitrary. They just decided, oh, lees just go with some property lines. I mean there was no scientific, you know, evidence or real planning put into that map. You know, I donlt -- I mean that's kind of tough to put that back on us and say, okay, you come and prove why what we did was wrong. Bird: Madam President? Meridian City Council November 5, 2003 Page 36 of 76 De Weerd: Mr. Bird. Bird: Mr. Centers, when you purchased this property what was the zone? Centers: The zone was C-N. Bird: Okay. So, in other words, you walked in and purchased this property knowing what the zone was; right? Centers: Yes, sir. Bird: Okay. Now, you're coming in wanting to change the Comprehensive Plan, right? Centers: That is correct. Bird: Which seems to be about every project out in this area we get. You're 100 percent right whether Utility or whatever the name of that thing was, there was a lot of testimony in favor of residential in the testimony. Centers: And I made that decision to purchase -- Bird: A nd that is right, but-- and I'm sure that you got a good buyon thatground, compared to the others, because of the zoning of it. It is not zoned residential and it's not -- you know, it's industrial and she read off what -- what was allowed in there. It seems like that we waste about three -- and we did waste a lot of time. Donlt get me wrong. I'm not -- we can all take -- a credit that -- me, in particular, because I was here. I have been here the longest, but -- for having our Comprehensive Plan go so long to get, it fixed. This is one place that we had public testimony out at the Wastewater Treatment Plant over this particular property around there and we had no public testimony that wanted residential in there. I'm like Mr. Nary, I think -- and I think like President de Weerd said, if you're bringing this project in, it's to benefit you guys and I know you realize you got to have a pencil to it, you should come in with standards and stuff for it. We shouldn't have to go do that. We can accept it, but our staff is loaded down and to be fair to all our taxpayers, you know, we expect some of this stuff to be invented by the -- and it benefits you to do that. Is that not right? Centers: That is correct, and that's what our understanding was when we left the last Council meeting and so I guess tonight we presented with you some standards and, you know, I guess to move forward with this, you know, what else is there -- I mean what else can we -- there are no standards. I have talked to the DEQ, the EPA, I have talked to wastewater treatment facilities in southern California, there are no standards for -- you know, no federal standards for residential around wastewater treatment facilities, as far as that goes. Everybody is kind of -- you know, the EPA and DEQ said, you know, it's up to local municipalities to -- you know, it's their own issue. You know, it's just kind of -- I mean what if, you know -- and United Water does own wastewater treatment facilities in other states. What if they owned this facility? Would we be having this Meridian City Council November 5, 2003 Page 37 of 76 conversation? Would they have to be in complete compliance with the industrial zone and if they were and -- you know, your ordinance, you know, you cannot spill light onto other people's property in any zone. There is verbiage in there about noise in an industrial zone. Y au know, I mean I know we a re being protective, because it's the city's plan, but, you know, as Council, that -- you have to make that plan comply with its zoning, regardless of who owns it. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, I'm not sure that we are going to solve this in the next ten minutes. Just some points to raise. First of all, Mr. Centers and Mr. Wardle did bring forward the light odor and noise easement, which was a new concept and so they did at least bring that forward, which is something that hadn't been seen before and was a worthy effort them to dig that up and they should be credited with that. I think we are getting a little too far a field, Mr. Centers, on the issue. The issue of incompatible uses is confronted by this Council almost every week. It wouldn't make any difference if you owned the Wastewater Treatment Plant or United Water did or the City of Meridian did, if there is a potential of incompatibility of uses that has to be addressed in connection with any land use decision and they do that here. I, frankly, take a little offense to the comment that it makes a difference who owns that Wastewater Treatment Plant, because that's not the case. Just to finish up here, we had hoped, I think, that staff and you would be able to find somebody that's invented this wheel before, so that you could grab onto those standards. Those criteria by which this type of change could be judged and by which a residential development could be allowed in proximity to the wastewater treatment plant, but you haven't found that wheel having been invented and staff wasn't able to find that wheel invented by anyone else. That's why there aren't any standards that are put forward, other than the 400 feet issue, which coincides with the approximately the north boundary of your property. I would say that I think what we need to do, if -- is everybody takes a deep breath and back off a little bit here and think about where you're at. If Council wants staff to look at its priority list and say here is what they can do and when they can do it, they can certainly come back and say this is what's available with regard to a Comp Plan amendment that might allow residential use in that area. What we heard tonight, it could be something like residential use would be allowed in an area where the prevailing wind 90 percent of the time doesn't blow the odors from the Wastewater Treatment Plant and that wouldn't -- from my looking at the map, wouldn't help you. You don't want to go into this without some discussion and looking to see -- maybe Meridian will invent the wheel on this and it will be the place that comes up with the standards, but I don't -- Madam President, I don't think we are going to get here -- De Weerd: No. Nichols: -- and I just wanted to make those points. Meridian City Council November 5, 2003 Page 38 of 76 De Weerd: Thank you. Mr. Bird? Bird: I just want to expand on what Mr. Nichols said. Mr. Centers, my personal opinion -- and I think I can speak for the other three -- it's not -- we are not worrying about the wastewater plant. It can take care of itself. It's the people. It's the taxpayers and our constituents who will be buying your property that will be complaining that I'm looking out for. Now, you know, I could probably move out there -- are you going to move out there and live? Is Mr. Wardle going to move out there and live? Centers: We are not. Bird: No. You're not, and that's who I'm looking out for and if you guys can come in and prove to me that residential is compatible out there, that will be great. I think -- you know -- and I don't care whether United Water owns it or Boise city, the Lander Street, you can say all you want, call down there and ask them the complaints they get. They get complaints. You bet they do, and thafs what we are trying to protect our citizens from having to do. De Weerd: And I think to judge on how many phone calls we have gotten, we donlt have residential uses out there. They are very sparingly and so -- and there are -- that's staff's point. We do need to move on on this. Centers: Okay. I guess I'd just like some direction as to just -- from you as -- can we continue towards coming up with standards in residential 0 r are you just flat out not going to allow residential like -- Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess, Mr. Centers, that for me -- and I'm not going to speak for the rest of the Council. For me I have always said every time someone's asked to amend our Comprehensive P Ian, show why what you want is better than what we have already said it should be and I think what I keep hearing from all us up here is you haven't done that. Right now we have said no residential. We'said here is what you can do there. Some light industrial, some office, and a variety of different neighborhood commercial types of uses. If you'd like us to continue it, so that you can bring it back to us as to why this is better and not because nobody else is probably going to want to -- because I think what I heard the first time was nobody else is probably going to want to do the level of commercial that this property would take based on what it's currently zoned. Assumptions again, as President de Weerd said. Instead of those assumptions, if bring back why this is better, why this alternative is better, what those standards are. What's this going to look -- because we have tried very hard to steer away from 13, 14, and 15 and I did tell you the last time we were here I'm not even convinced at all on those items that you're going to meet that burden. Even if you get over hurdle 12 -- or Item 12, I donlt know that 13, 14, and 15 even make it. I think that's -- I guess that's, to me, where Meridian City Council November 5, 2003 Page 39 of 76 you're at. If you'd like us to continue it, I would suggest we continue it for at least a month, maybe two. For me, I guess I haven't changed my opinion. You need to tell me why what you want is better than what we thought it should be and I really haven't heard that. We have had a lot of discussion about why you think you'd like to do this and what standards we c auld have a nd h ow tom ake this compatible a nd all those things, b ut really haven't heard a lot about why we should change what we decided. I know we didn't have a lot in our minds we didn't have a lot of specifics. I recognize that some of the lines we drew were based on simply property lines and anything else, not potential uses or anything, but I really haven't heard why w hat you want is better than what's there, other than it works for you and I understand that. I think Mr. Bird can support that very strongly, because it can work for you and it's your property, but to change the comp plan is different than just -- than just a Conditional Use. I guess that's to me where we are at. I think we should at least set this over for a month. We do need a little separation from it. I think there is probably some work that you can do and there is probably something that staff could review and assist you with, but I agree with Mrs. Powell, they have a lot to do. If you're asking us to set a times table, six months is probably as soon as we could get to something like that. There are a lot of people who have the same urgent concerns you d 0 a nd I don't know that wee an really p lace a bigger burden on the staff with the number of projects, the number of people that we have, to push that up sooner than that. If you want it sooner, that is going to be up to you. Centers: I would respectfully request that this be continued for a month. Bird: Madam President? De Weerd: Mr. Bird. Bird: With that I would move that we continue the Public Hearing for CPA 03-003, the request for amendment to the text of the Comprehensive Plan to allow new residential uses within the mixed use WWTP zoning designation for proposed Stapleton Subdivision by Wardle and Associates, 3680 West Ustick Road to November 25, 2003. Nary: Madam President, before -- I guess could I second and, then, I will ask, maybe, for a possible amendment. De Weerd: Okay. Nary: Since, obviously, I think -- let's see what Mr. Bird thinks, but I think we are going to have to have a lot of discussion versus action. I'm wondering if -- Bird: You're a hundred percent right. We need to go into December. I apologize. Nary: I wonder if we should move it into December and we should have it as a workshop type of -- Meridian City Council November 5, 2003 Page 40 of 76 Bird: I'm still in October, if you want to know the truth. Let's go for the 9th of December. Nary: And I'm wondering if we should have it as a workshop type of item, so we can actually, really, have more discussion. Bird: Let's have it in Pre-Council. De Weerd: Mr. Nichols. We can't do that. Nichols: Madam President, Members of the Council, you have got -- it's a Public Hearing. I think you could schedule it, but you would limit discussion and, then, anticipate that if you got some standards out of it, there be the hearing continued further, so that those standards could be discussed and reviewed by the public and commented u pan. I mean w hat I'm saying is you c auld limit who participates in the hearing, but it would still be a hearing as such and would still need to be part of the Regular Meeting agenda. Bird: It's still a Public Hearing right? Nary: Well, we couldn't -- I guess, Mr. Nichols, are you saying we couldn't continue this Public Hearing to a workshop style hearing, allow the public to testify, set it at 5:30 or 6:00 -- could we do that? Nichols: Councilman Nary, I think you could do something like that. I just -- I don't think it's a Pre-Council matter. It's a Council Meeting and you have ability, under your ordinance, to change your Council Meeting time to say when you're going to start it, so - Bird: Okay. I will change -- I will amend my motion on date wise to December 9th at 5:30, we will start '0 ur regular Council meeting a t this time a nd we will expect - - the discussion will be based on standards, which a decision might not be made at that time. Nary: And I would second that if I could also ask Mr. Bird if we also -- one of the things we had discussed at that prior hearing was we had two neighbors who had came to testify, Mr. Crane and his neighbor. De Weerd: Ms. Layton. Nary: Ms. Layton. Thank you, and what we had tried to assure them is that we would send them notice. Bird: That's fine. Nary: So, if Mr. Clerk could send them -- specific notice to them, because, otherwise, this is just general notice. Meridian City Council November 5,2003 Page 41 of 76 Bird: That's not a problem. Nary: If we could do that, I would second that, if you would concur. Bird: And I concur. Nary: Great. De Weerd: Mr. Berg, do you have any questions on this motion because it is a directive to 'you on -- a very specific one. Berg: Madam President, Member of the Council, I understand the noticing of those two property owners. Also, just a question of are we going to start the Council meeting at 5:30 and whenever we get through we are just going to continue the other items? Bird: Just move right on. We will not have a pre-Council that night. Berg: Is that just a Special Meeting that we are starting earlier? Bird: No. It's a Regular Council Meeting. Berg: By ordinance it's 7:00. Nary: What you're asking is could we set a special meeting of the Council to begin at 5:30 and a Regular Meeting at 7:00 like we have done on occasion? De Weerd: Yes. Mr. Nichols? Nichols: Madam President -- Will, correct me, but I think you're right, it does say the Regular Meeting will start at 7:00 and it's -- the Pre-Council is the ones that -- Berg: Are special ones. Nichols: Okay. If you call it a special meeting at 5:30 just on this topic, you can take this up, discuss it, and conclude it by 7:00 and, if necessary, continue it on in the 7:00 o'clock meeting. De Weerd: So, a special meeting, and this Council -- or Mr. Bird and Mr. Nary, is for the applicant to bring information back. The burden is not on our staff. Bird: That's right. Nary: Correct. De Weerd: Okay. Well, it's been moved and seconded to continue this Public Hearing CPA 03-003, to December 9th at 5:30 for a special Council meeting is that correct? Mericfian City Council November 5, 2003 Page 42 of 76 Nary: Yes. De Weerd: Okay. All those in favor say yea. Okay. All yeas. Motion carried. MOTION CARRIED: ALL AYES Item 13. Item 14. Item 15. Continued Public Hearing from October 21, 2003: RZ 03-009 Request for a Rezone of 6.39 acres from C-N to R-8 zones for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continued Public Hearing from October 21, 2003: PP 03-019 Request for Preliminary Plat approval of 40 building lots and 7 other lots on 5.93 acres in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: Continued Public Hearing from October 21, 2003: CUP 03-034 Request for a Conditional Use Permit for a Planned Development for a 41- lot subdivision to include a reduction in minimum size lots, size of homes, minimum square footage on main floor of multi-level homes, and setbacks in a proposed R-8 zone for proposed Stapleton Subdivision by Wardle and Associates - 3680 West Ustick Road: De Weerd: Okay. Items 13, 14, and 15, how would you like to continue those? Mr. Nichols? Nichols: Madam President, Members of the Council, it might be appropriate to continue those until the 7:00 p.m. meeting on the same date, December 9th. De Weerd: Okay. I would entertain a motion on Items 13, 14, and 15. Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move that we continue the Public Hearings on Items 13, 14, and 15, RZ 03-009, the request for a rezone of 6.39 acres for the proposed Stapleton Subdivision. PP 03-019, request for Preliminary Plat for, again, the Stapleton Subdivision and, finally, Item 15, CUP 03-034, request for Conditional Use Permit for a Planned Development for the Stapleton Subdivision, all by Wardle and Associates at 3680 West Ustick Road to our December 9, 2003, regular City Council meeting on December 9, 2003, at 7:00. McCandless: Second. Meridian City Council November 5, 2003 Page 43 of 76 De Weerd: Okay. It's been moved and seconded to continue 13, 14, and 15, RZ 03- 009, PP 03-019, and CUP 03-034, to December 9th at the regular City Council meeting. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 16. Continued Public Hearing from October 28, 2003: AZ 03-018 Request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler I Cobbs I EaQY I Ruwe by BRS Architects - southwest corner and southeast corner of North Eagle Road and East Ustick Road: Item 17. Public Hearing: AZ 03-022 Request for annexation a nd zoning 0 f 5 acres from RT to C-G zones for Kissler (Dealv Parcel) by BRS Architects - southeast corner of East Ustick Road and North Eagle Road: De Weerd: Okay. We did have -- Item 16 and 17 are related. Can I open those up at the same time? Any problems? Okay. I will open up the continued Public Hearing from October 28, 2003, on AZ 03-018, request annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler, Cobbs, Eagy, Ruwe by BRS -- Ruwe -- Ruwe by -- I'm sorry if I ruined someone's name out there. -- by BRS Architects and also the Public Hearing from AZ 03-022, request for annexation and zoning of five acres from RT to C- G zones for Kissler Dealy Parcel by BRS Architects, and start with staff comments. Powell: Madam President, Members of the Council, tonight's theme seems to be no easy applications. On this project -- I suppose it's a little -- I'm sorry. This project -- the first hearing 0 n t his particular project - - a nd I'm not really prepared tot alk about the second one. The Council directed the applicants to come back with a Planned Development, particularly for the four property owners on the eastern -- the three property owners, excuse me, on the western portion of this application, which is on the west side of Eagle Road and south of Ustick. They -- there is kind of a good news, bad news thing, and that's two of the property owners were able to come to an agreement on a conceptual plan, the third decided to pull out of the application. Eagy is the one that decided to withdraw from the application -- annexation application. T hat leaves Ruwe a nd K ennevick, Cobbs and, then, 0 f course, that would bet 00 easy, because they could go across the street and catch Kennevick, but the annexation path, of course, was through Eagy. These two properties in Carol Subdivision provided the annexation path to Eagy and, then, down to Ruwe and to Kennevick. What's preventing the annexation path is this little strip that separates the Ruwe property from any city owned property. I asked that this not be tabled, as the applicant requested, without me bringing this up. I have talked to the public works staff. There is a problem in that we no longer have an annexation path. There is also a problem in that we no longer have a correct description of the proposed annexation boundary. Ruwe is working with the former land -- I think t his land is currently owned by the person who developed this subdivision. It was a surveying error. It's just a survey error and what they are proposing to do is divide that there and Ruwe would take ownership of that property, Eagy would take ownership of the property up here. They need to do that through the ;' ( Meridian City Council November 5,2003 Page 44 of 76 county before they can come -- through the county assessor's office, the county assessor's office said that they need to get it cleared through county development services, so it's at least a month long application before they are able to straighten that out. I wanted to talk to you all about it and to get an opinion from Mr. Nichols, I suppose. I think they need a new application. We have got a new boundary, we have got new property owners involved -- to me, it would seem to need a new application just for the purposes of notification and a good record for the city, but I wanted the attorney to be able to comment on that. I probably shouldn't have just surprised him with it tonight and I apologize, but wanted you to look at that and I also wanted you to look at the conceptual plan tonight and that will take me a second to come up -- bring up. It's on the overhead project -- to get an idea if this is something that is acceptable, so that if they do need to bring it back or when they do need to bring it back, is this level of detail acceptable for the concept plan. Probably can't tell them that it would be okay as far as a concept plan, but if we could just address the question of the level detail and I will bring that up now. De Weerd: Well, I guess I understand why the applicant asked -- or one of the applicants asked for it to be continued. It sounds like there is a lot of information needed to -- Powell: W ell -- and I guess what I think is that it -- instead of tabling, I think they, actually, need to withdraw it and that's why I wanted to bring it up tonight. De Weerd: Okay. Mr. Nichols, I guess I guess there was a question posed to you on this. Nothing to put you on the spot, but -- do you need us to take a short recess? Nichols: Until December -- no. Madam President, Anna, if I can -- while you're working there, if you could answer this question. Explain to me why you feel that it needs to be a new application. Powell: Because the boundary that was submitted with t he application included this property -- it came down here, it came on the other side of that line over here and, then, over to the Kissler property that's on the other side of Eagle Road. Now, that the boundary of the application looks something like this and, then, it comes over here. They have got a completely different annexation path. The 300 foot noticing would not pick up anybody new, it's unlikely, although with the addition of I think 60 feet there is a possibility that it could pick up somebody new over here on the other side of the street. Nichols: And so to summarize, the new application would be everything but Eagy's property? Powell: Correct. Nichols: Because Kennevick, Cobbs, becomes contiguous by the Kissler property across Eagle Road. ( Meridian City Council November 5, 2003 Page 45 of 76 Powell: Correct. De Weerd: Okay. Can you show the other slide? Powell: The conceptual plan? Bird: Yeah. Back up one. De Weerd: Yes. Bird: Where we see the Kissler property, too, please. Nichols: The vicinity map. Bird: Yes. Vicinity. Excuse me. Powell: Okay. I have got it. It's frozen here. Can I show you this, so that I don't have to go back to it? Sorry. This was the concept plan. They had some multi-family residential, a mix of retail, commercial, and office. Some straight commercial, retail of commercial and office here. Then, they just kind of had a utility buffer idea here. I think that we had asked them, if they come back, to have more of a -- kind of a landscape buffer or something along that. This was, I believe, high intensity commercial here, as well as this intersection here. This was the kind of level of detail we were looking at. I can come back to that one. Let me get the -- De Weerd: And, Anna was another concern of the enclave that we will be creating? Powell: Because Eagy has frontage on both Eagle and Ustick, it wasn't as much of a concern there. They are providing specific cross-access points. They have shown where they intend to have cross-access. It's, obviously, not something we could measure, but they are saying, basically, okay, we are going to have access here, we are going to have access here, we are going to have access here. I thought, originally we were going to have one here. It looks like that one went away. That's kind of the level of detail with -- we could address, but Eagy is kind of the -- because it wraps around, it may not be as much of a concern, particularly with this one where you have got the -- almost one user size parcel there. I can freeze this one while I go to the vicinity map if you'd like. De Weerd: I think this shows it. Bird: This is fine. Powell: Oh, is this fine? Okay. Thank you. Nary: Madam President? I ! Meridian City Council November 5, 2003 Page 46 of 76 De Weerd: Mr. Nary. Nary: One of the things, Anna -- have you had that discussion about withdrawing the application? Have they been resistant to that or have we not really had that conversation? Powell: We had that conversation with Mr. Strite. I think that the applicant would prefer, obviously, not to start over again and pay new fees, but they'd prefer to continue on. I'm just not sure whether they can. I'm not sure that there is huge public interest -- in all honesty, I donlt know that we'd come to any different conclusion when we got to this point making them go through the process. 11m not suggesting that they have to g 0 through the process just to make them do it, I just am afraid legally and that's why I wanted the advice tonight. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: What I'm struggling with is that typically when we -- when we say something -- when we send something back for another application, it's usually because there has been some substantial change in the proposal in the way of the Conditional Use or the Preliminary Plat. The layout, something that's specific to -- to the issue, where here the difference is which parcels. The zoning stays the same, but it's just simply the legal description of the parcels that are seeking to be annexed. The annexation itself doesn't require the hearing, it's the zoning that does, and so that's what I'm struggling with is typically when we have got something we say it's a substantial change, it's because it affects the layout. It may affect where, you know, the access is made onto the public streets, the collectors or the arterials, and that really doesn't apply here, so I'm struggling with whether this constitutes the type of substantial change that would require a new application. I'm just not sure. Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess the part that -- to me that makes it not necessary for a new application is because what they are really doing is what we have asked them to do. We asked them to give us a concept plan. I mean if we can overcome the legal description by amending it and if we need to give new notice further out, I mean I think we can do that. I guess I would hate to send a message that if you did what we asked you to do, you have to start allover again, because that's, really, all they have done. They took out the part that they couldn't make fit and now they have asked us to look at all the rest of it and have tried to bring it in as a conceptual plan. I guess to me that's all the more reason that it's really an amended application, more than a new application, because they are, really, just following more what our directive was to begin with, so -- ( Meridian City Council November 5,2003 Page 47 of 76 Powell: Given Council's comments and counsel on the end, perhaps, then, the best thing to do is just grant the applicant's request for the deferral at this time and, then, we will bring up the subject of a concept plan. At that point it would be more appropriate to have it -- I just wanted to bring it up tonight more in reference to if we sent them back through the process, so -- De Weerd: Okay. Well, I do see there are people out here. If there is anyone who would like to testify tonight, you certainly have the ability to do so. Is there anyone who would like to provide testimony? Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Ruwe: Yes. De Weerd: Thank you. Please state your name and address. Ruwe: Janet Ruwe, 2935 North Eagle Road. De Weerd: I'm sorry I messed your name up. Ruwe: Oh, that's all right. Everybody does. De Weerd: Well, mine, too, so -- Ruwe: First of all, at one of the last Council meetings I erred in saying that Sue and Tom Davis were opposed to the Carol Subdivision, when, in fact, they were opposed to the development of Carol Subdivision as a mobile home park, so I erred in saying that, so I just want to set the record straight on that. That little sliver as -- Jack Crane in the assessor's office in Boise and we spent a good deal of time with him last week, because this error in -- he said it was signed off by Elgin Gray, who he thinks was a realtor in this area. In those days when property was sold you didn't have to have a state licensed surveyor and basically that's what happened, they went off of an old fence post in the back of my property, instead of the deeded property line. Ifs just a matter of getting this cleared up through a -- get the right word -- ifs called a property line adjustment. It's been really a gray area. We have been paying taxes on this and I have been and Greg Eagy has been and we just have to straighten the whole thing out. It's the same land, it's just that it -- and, actually, I think the meters and bounds are the same, but they just got misconstrued over -- well, I think it's a very gray area, but we are all working on it together and it will get resolved. De Weerd: Okay. Ruwe: Okay, and I think we did come up with a pretty good, you know, plan of what we plan to do here, and we are trying to follow your suggestions and do the best we can. Thank you for listening to us. De Weerd: Thank you. (' Meridian City Council November 5, 2003 Page 48 of 76 Bird: Madam President? De Weerd: Mr. Bird. Bird: Mrs. Ruwe -- Ruwe. I butchered it. Ruwe: It's Ruwe. But that's okay. Bird: Anyway -- now you have got the county redoing the property line and stuff? Ruwe: Yes. Bird: Because we can't annex you until -- did they say how long that would be, so we can continue this? Ruwe: My surveyor is Bob Nelson and Greg Eagy has Connelly Marks and they are working together on it with the county assessor's office, so -- Bird: Have you got any idea how long? Because we can't -- we can't annex it until that's all -- Ruwe: And I don't think it's going to take too long. I mean I would say a month on the outside, but they did nit seem to think it was too difficult to get it together, now that they found the error and it happened about 1957. Bird: So, if we continue this to the 9th of December, we would be -- we would probably be all right? Ruwe: I believe we would be all right, because we are already working on the -- if all the different agencies know about it. Itls just getting it all coordinated. Powell: President de Weerd? De Weerd: Yes, Anna. Powell: Members of t he Council, there is -- for the applicantls edification, they also need to apply with the development services department for a property boundary adjustment application once you get your surveying done. They would be the -- kind of the -- my counterpart at the county and their standard frame -- time frame is to have those type of applications done within a month, but it usually takes just about the full month, so once you get that application in, I would count on at least another full month. I suppose I bring this up -- I think it's optimistic that you will be ready by December 9th is all. Ruwe: Okay so, shall we -- Meridian City Council November 5, 2003 Page 49 of 76 Nary: I think youlre going to need two months, realistically so, that you don't have to continue it again. Ruwe: So, shall we say two months? What if it gets ready early? Can we request a meeting earlier than that or do we just get on the agenda for two months? Bird: We have to do it by January 6th, because it's old Council business and the 6th is when we -- isn't it? January 6th is when we change. We got to do it on January 6th or -- Ruwe: At the latest. Bird: At the latest. We have to get this done and you do have to go through -- like Anna said, there is some other -- Ruwe: And I'll talk with Anna and get the name of that agency. I didnlt write that down. Bird: Oh, 11m sure Billy Ray can help you out on that. He knows what -- Ruwe: And I appreciate this. I mean this is just a crazy thing that came up. We thought it was solved and it just -- out of the woodwork it just seemed to come up. I mean I thought I owned it. I mean I do own the property, it's just -- it's mine, it's just a crazy thing how it got -- I mean it took a long time to find it, but now that we found it, they said the battle is over. Bird: Is that little -- Ruwe: Mostly. Bird: Is that little sliver on your tax roll? Ruwe: Yes. Well, he called it a sliver. I didn't. Thatls what Jack calls a sliver. De Weerd: Mr. Nichols, did you have something? Nichols: Madam President, 11m a little -- Anna, with the addition of the concept plan -- I mean it is literally w hat the Council asked that they do, but 11m wondering about the Carol Subdivision residents, particularly with a multi-family residential concept adjacent to that property in terms of soliciting public input, so we may need an additional mailing with some language about the concept plan, just -- that way we don't have notice issues with somebody, even though we continued the hearing, brought it up, talked about it, told people when it's going to be, but just the potential additional notice by mail, so that it's out on the table and we donlt have someone saying that they never heard about it. Ruwe: I think that's very wise. Meridian City Council November 5, 2003 Page 50 of 76 Bird: Good idea. De Weerd: I guess that would open up something else as to how the access out onto Eagle Road is going to happen and with those kind of road trips or car trips, you know -- Ruwe: I might address that a little bit on my property. I did talk to the transportation department just last week and they feel that I'm -- my property there is far enough away from the corner. They said the Eagy property -- they are the ones with more of a concern and they said that my property -- they didnlt think it was going to be a problem. I, actually, had two accesses already onto Eagle Road and they didn't -- I mean I wouldn't be getting anymore and they didn't seem to think that was going to be a problem. I mean it hasn't been gone through any process. Bird: Madam President? De Weerd: Mr. Bird. Bird: Does Jack and Lylels property up there in the corner, does it still -- do they still -- they d onlt have a ny exit 0 nto Eagle Road now, dot hey? See, that's so c lose to the corner, I -- Ruwe: You mean Kennevick Cobbs there? Bird: Yes. I don't recall any -- they don't have any, do they? Ruwe: I'm not sure if the little yellow rental house is his or on the next property. Bird: Are they going to allow that to be that close? This is something Billy Ray is probably going to have to answer, but -- I mean you're not talking about a quarter of a mile away from the corner, if that. Nary: We are getting a little far a field. Bird: What? Nary: Aren't we getting a little far a field from discussing of continuing it? Bird: Yeah. We are. De Weerd: Yes. We are only looking at continuing it based on some of these legal discussions -- or the legal description, the property boundary adjustment, and, then, come back and start discussion on that conceptual plan. Is that the plan? Okay. Thank you. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Thurston: Yes, it is. ( Meridian City Council November 5, 2003 Page 51 of 76 De Weerd: Please state your name and address. Thurston: My name is David Thurston. I live at 1470 Leslie Way. 11m one of the five property owners that -- on the west side there. I got a couple questions and I just need some clarification. The conceptual plan shows multi-family residence. Does that follow under commercial -- the proposed commercial zone? Does that fall into that? Commercial general. De Weerd: Yes. I believe it did. Under the mixed-use designations. Thurston: Because the request is for a -- I think C-G. Does multi-family residential fall under C-G? De Weerd: No. Bird: No, it doesnlt. Powell: Pardon me for interrupting. Madam President, Members of the Council, as you will recall, one of staff's primary concerns with the straight commercial zoning was that the Comprehensive Plan specifically points out the need for residential uses in these areas along the major transportation corridors. That is something that staff had specifically said they were looking for in the concept plan. I'm trying to multi-task and find the schedule of use tables, which 11m -- De Weerd: So, Anna, you're suggesting that this is a mass transportation corridor? Powell: A large transportation -- it's a major transportation corridor. I'm sorry if I said mass. I should have said major. De Weerd: Okay. Powell: Eagle Road. Apartments are not allowed in a C-G zone, so they would have to be done as part of the Planned Development, the 20 percent use exception. De Weerd: So, the request of C-G would not be appropriate. Powell: It would with a Planned Development and that's what -- the staff went to great lengths to include a lot of language about residential and the appropriate Comprehensive Plan language in the Development Agreement for the annexation, so that we could address those concerns with a Planned Development for the property. This is basically a concept plan for a Planned Development, that we would be looking for a detailed Planned Development in the future as the property is developed. De Weerd: But the request is not for a Planned Development. ( Meridian City Council November 5, 2003 Page 52 of 76 Powell: Not at this time. De Weerd: Okay. Good question. Thurston: So, I'm just wondering if the application is for a rezone into C-G, how do we -- who does -- of course, you can figure that all yourselves how to make that work. Originally, when we went before the Planning and Zoning Committee with this, there was talk about because Leslie Way is -- well, low residential, a transition should also be in the low residential and not in the high residential. One of the requests of the conceptual plan was how -- what was the transitional uses going to be. Also, one of the other questions for the conceptual plan, what are the accesses, not only for the Ruwe property, but for other properties and also the connection, possibly, to the property, which is to the south. I guess there should be some consideration for that property, because right now there is no access for that property. I'm the only property owner that's on the west side of this property here tonight, because the others were under the impression this would be continued as it is. We definitely would like to have the opportunity to speak to -- if this is a conceptual plan that is going to be worthy of the Council's consideration. We definitely want to be able to speak to this conceptual plan, because I know there will tremendous opposition to a multiple family dwellings next to the property line there, especially since we are already lower light residential in that entire area. Weld definitely like to have that opportunity to speak to that. De Weerd: Well, thank you, Mr. Thurston. I think your points are well taken, that it does show some 0 f t he accesses, b ut it would b e important to s how a transition a nd that testimony will be when we continue it, so there is more information at that point, too. Thurston: One more question. Three hundred feet f rom where the proposed multi- family dwelling is proposed, how far over is 300 feet. Does that hit all -- everybody on the other side of Leslie Way, on the west side of Leslie? Bird: How large is your lots? Thurston: I don't know. Almost an acre. De Weerd: Well, they are probably deep enough, but, then, the road is wide enough, it may not go across the street. Does it? No? Berg: I think it does. Bird: Yes. I think it would. Thurston: It's about a football field I know that. Bird: No. Meridian City Council November 5, 2003 Page 53 of 76 De Weerd: Okay. Mr. Clerk is not being taken on public testimony. Please use your mike. Powell: Madam President, I have the 300-foot list. I can clarify what was included. It did not include -- it did not cross the road. It went to here and it comes across through that lot and, then, over to the backside of these lots. It did not -- it did not include these properties on the west side of the lane. De Weerd: Why? Nary: Madam President? De Weerd: Mr. Nary. Nary: It seems like we are getting a little far a field again, because we are talking about this concept plan that hasn't even been presented to us yet. One of the things I guess I want to ask Mr. Nichols before we continue this matter, I think Mr. Bird raises a valid point, that we have this whole business, but we have sort of a strange situation here. We have a new Council in eight weeks. Half of this Council will be new. We have this concept plan which hasn't been presented and can't even be presented to us until these people can actually be annexed into the city, which might take six to eight weeks from now before we can even have it. Legally, should we set this whole matter into January and hear it then? Because it doesn't make much sense to try to hear this in December and if we -- or even on January 6th, because if we try to approve it, we will have findings that won't come until a new Council is here and they can't vote on it and half the Council is only able to approve it. It only makes sense to me, I think, and that's why I'm asking Mr. Nichols, that we set all of this into January. I recognize it's a delay for these property owners, but -- I mean some of it's -- you know, part of the reason is because of this little sliver of property and the delay in that. It just doesn't seem to make much sense for us to try to even shoe horn this in on the 6th of January or a special meeting on the 30th of December. I think Mr. Thurston has raised some points that need to be addressed and Mr. Strite should have the right to address them first and he hasn't had the opportunity, because we are really only talking about continuing it, so -- Thurston: The reason why I asked the question about the 300 feet was to make sure that there is notification given to those people on the other side of the street, to make sure they have the opportunity to respond. Nary: Absolutely. Thurston: I really wonder about those 300 feet, though. That-- Powell: Just call me blond today. It does go across the street. I'm sorry. I was reading the map incorrectly. De Weerd: What does being blond have to do with it? Meridian City Council November 5, 2003 Page 54 of 76 Powell: Oh. Excuse me. Nary: Blond. She meant blind. Powell: That was it. De Weerd: Mr. Nichols, do you have a question? Nichols: Madam President, Members of the Council, even if it didn't go across the street, you have the flexibility under the code and state statute to expand the notice, if ifs appropriate to do so. For future reference, if we have something where the 300 feet falls six inches sort of the boundary line on the far side of the street, we have the ability to say it makes sense to add those folks and by looking at a map do that. With regard to the continuance, just a couple things to point out anything this time of year you're going to run into Thanksgiving week, so that you blow about three days that week. I mean they are gone, because the folks that you may need to deal with at Development Services may have saved up their vacation or whatever on the boundary line adjustment and, then, you have got New Years and Christmas in there and so it just compresses the number of work days that are available to get things done anyway. Even when you look at two months, that's an optimistic two months. Continuing into January for the new Council to review, they can review the minutes of the first portion of the hearing and, then, go from there. I would recommend that it be continued to date in January, which the new Council can review and consider it and that should match about the time necessary for Mrs. Ruwe and the Eagy's to complete the property boundary adjustment process with Development Services, which also works with the assessor's office. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would suggest, then, at that point let's go to January 20th. That's two weeks passed the swearing in. That gives the new -- two new members a chance to -- two weeks to look it over. Nary: That's very generous. No one said this job would be easy, but -- Bird: What? Nary: I said that's very generous. No one said this job was easy. Give them two weeks, but -- Bird: Well, I'd hope they'd give me two weeks. De Weerd: Yes. Okay. Thank you, Mr. Thurston. Meridian City Council November 5, 2003 Page 55 of 76 Thurston: Thank you very much. De Weerd: We do have a Public Hearing here that will be continued, but is there anyone else who would like to provide testimony? Okay. The applicant, Mr. Strite, would you like to provide any comment? You will have to be sworn at first. Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Strite: Yes, it is. De Weerd: Please state your name and address. Strite: Billy Ray Strite. For the record, 1010 Allante, Boise, Idaho. I'm here, along with Janet Ruwe, obviously. I think there have been a lot of comments made. I think Councilman Nary hit it on the head and also Councilman Bird. I would think that the January 20th would probably the earliest. I, in fact, agree with Mr. Nichols, that to get all these legalities out of the way, dealing with the county, their present record -- well, I shouldn't say it that way. Their present timing has not been exactly the most expedient I'll put it that way. It would be my guess that January 20th would be the earliest that we could comply with the documentation necessary to proceed and, again, without being repetitive, the whole issue tonight is the deferral. We certainly agree to that deferral and would ask that we be placed on that agenda for January 20th and that's all I have to offer. De Weerd: Thank you. Okay. Any questions? Okay. Thank you. Strite: Thank you. De Weerd: Okay. Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we continue the Public Hearing AZ 03-018 and Public Hearing AZ 03-022, which is a request for annexation and zoning of 43.86 +/- acres from RT to C-G zones for Kissler, Cobbs, Eagy, and Ruwe, by BRS Architects. Also, the request for annexation and zoning for five acres from R-2 to C-G zones for Kissler Dealy Parcel by BRS Architects and before somebody seconds that I got a question in my deal. Well, we pulled -- Eagy has been pulled, so how do we -- how do we continue -- it's still on the application, but he is pulled, and so I have got a question for the legal -- poor old Mr. Nichols is earning his money today. Meridian City Council November 5, 2003 Page 56 of 76 Nichols: Madam President, Members of the Council, the title on the agenda is not determinative of the issue and so we can continue to include Mr. Eagy's name on the parcel, recognizing that he's withdrawn his consent to the annexation for those parcels. Bird: Thank you. Then, my motion is done. Nary: And I would second it. I just had a comment, too, Madam President. De Weerd: You sure make this record a challenge too, I'm sure. Nary: I like to make Mr. Willis earn his money, too. Also, too, I think -- I think what we have expressed that some amended application and we certainly have had formerly known as designations for titles, so I think we will be okay on having a -- Bird: I was just scared that without you guys -- that without the legal opinion of Mr. Nichols that maybe we are forwarding something that isn't legal anymore when you have -- when you have an applicant withdrawal. De Weerd: Okay. Bird: But that answered it, so we are okay. De Weerd: Any further discussion? Okay. It's been moved and seconded to continue Items 16 and 17 to January 20, 2004. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES Berg: Madam President? De Weerd: Mr. Berg. Berg: If I could just ask for clarification and direction. I'm sending out a complimentary additional notice with the concept plan for the Public Hearing on January 20th. Is there anything that needs to be added to that concept plan or is that -- De Weerd: You may want to get with Mr. Strite and see if there is anything that they are going to add before you send it out. Berg: Okay because we talked about access points and a few other things. I just wanted to make it -- De Weerd: Mr. Nichols? Nichols: Yes. Madam President, Members of the Council, I think it also needs to clearly indicate that the Eagy parcel is out and has been withdrawn. ( Meridian City Council November 5, 2003 Page 57 of 76 De Weerd: Okay so, Mr. Strite can get with you on what you will be sending out. Okay. Thank you all very much. Item 18. Public Hearing: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-O zone for Stokesberry Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of East Fairview Avenue: De Weerd: Okay. Weare at Item 18, Public HearingforPP03-026, request for a Preliminary Plat approval of 15 building lots on 4.15 acres in an L-Q zone for Stokesberry Subdivision NO.2. We will open with staff's comments. Oh. Well, I still have to open and -- and we don't want staff comments, because they want to continue it to November 12th. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move we continue Public Hearing PP 03-026, the request for Preliminary Plat approval of 15 building lots on 4.15 acres for Stokesberry Subdivision NO.2 until November 12, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Item 18, Public Hearing PP 03-026, November 12th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 19. Public Hearing: RZ 03-010 Request for a Rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting Item 20. Public Hearing: PP 03-025 Request for Preliminary Plat approval of 15 building lots and 5 other lots on 4.47 acres in a proposed R-8 zone for proposed Woodside Creek by Woodside Properties, LLC - 1115 North Ten Mile Road: Re-Noticed for November 25, 2003 due to Inadequate Property Posting De Weerd: Okay. Items 19 and 20 are also Public Hearings that have been asked to continue, but I will open those -- no? I don't open them? Berg: Madam President, they were not noticed properly, so there is not really a Public Hearing for tonight. Meridian City Council November 5, 2003 Page 58 of 76 De Weerd: So, do we need to even continue them? Bird: No, we don't. Berg: We will re-notice it. De Weerd: Okay. We will recognize that Items 19 and 20 will be re-noticed due to inadequate property posting and so they will be heard on November 20th. Item 21. Public Hearing: CUP 03-044 Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for proposed Silverstone 8 usiness Campus b y Sundance Investments - southeast corner of East Overland Road and South Eagle Road: De Weerd: Okay. I will, then, move to Item 21, Public Hearing for CUP 03-044, request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for the proposed Silverstone Business Campus by Sundance Investments and I will open the Public Hearing with staff comments. Powell: Excuse me. I need to get back to my presentation. Sorry about that. It wasn't -- could have done that beforehand. Sorry. Again, on the theme that there are no easy projects tonight, this -- this project was -- originally a Preliminary Plat was done on the project, but as part of the Development Agreement that the applicant was asking for, we asked that c orne through with a Conditional U se Permit for a Planned Development. This is kind of out of sync with the Preliminary Plat at this time. You have already approved the Preliminary Plat. I hope I'm getting this straight. 11m trusting that the applicant will correct me if I'm wrong later in the presentation. As you know, The Silverstone Business Campus -- the Silverstone No.1 is immediately to the west of this property and it fronts on Overland and Eagle Road. The property adjoins it on its east side and, then, the -- okay. Here is where it gets tricky. This was the site plan that was submitted with the Conditional Use Per,mit. The original application. Shortly after that, the applicant provided a second site plan where the lots along here are a bit smaller and the lots here we have 9 at a larger building going east-west, rather than more n orth- south buildings. The a pplicant subsequently submitted a third site plan with a large approximately 10-acre property here and some smaller uses out front. When the project went before the Planning and Zoning Commission, they specifically asked that staff be given the flexibility to say that anyone of these -- somewhere in between or any one of these three site plans would be consistent with the concept plan or the Planned Development. That they n at have toe orne back i n for a concept plan either - - 0 r a detailed preliminary development plan, that they be allowed to come in with either principal permitted uses as established in the Development Agreement or conceptual uses as established in the Development Agreement. Mr. Larsen did speak at the Planning and Zoning Commission hearing. There was no testimony received in opposition to it. The Commissioners did discuss the types of uses to allow special use area A. I can go down to that. The applicant is proposing kind of two sets of uses. / ( Meridian City Council November 5, 2003 Page 59 of 76 One, a large list of uses that would be allowed in B and, then, trimming those down by I think about ten uses to allow in A and those are set forth in the staff report. I could go over those in more detail if you1d like. They did do -- the Commission did make some changes and -- or amend some of the definitions for uses that would be allowed in A. They also allowed for the expansion for the Michaelis of Oregon operation as part of the Planned Development. There was one -- on the summary sheet provided by staff, there was one outstanding issue that the applicant has provided a revised sight plan to address that issue and that was regarding the ten percent open space. Brad Hawkins- Clark did have a chance to review the revised plat and it does meet the ten percent open space. That plat was being amended to reflect the new development plan, which was primarily based on site plan number two. Have I confused you all enough? I hope so at this point. It seems to be the goal tonight. This is -- part of the reason I wanted you to look at the concept plan on the Eagy Ruwe properties is because we kind of have the same issue here is that we are still struggling with how do we get some sort of conceptual approval for these large commercial developments, but still allow them the flexibility to come back through with their uses and get more detailed approvals as time goes on. This is the concept plan presented for the annexation was one way to go. This applicant is asking for some flexibility between a number of site plans and that is a second way to go -- or a third -- yes, second way to go. In regard to their site plan number three, though, I do have concerns. They are trying to accommodate a large user at the southern end of the site. Unfortunately, the Planning and Zoning Commission specifically talked about kind of a buffer zone here and it was an important part of the staff's discussion, because they wanted that transition to the residential uses that would be over here, as designated for medium density residential. With site, plan Number 3 you donlt really have the opportunity to provide that buffer along this edge. Not with the transition in uses, anyway. The one possibility might be to relocate these four lots with small buildings on them along here, to make that transition and make those in the A designation. I donlt have a problem in leaving the flexibility between the three site plans. The Planning and Zoning Commission specifically said, though, that staff would not have the authority to make a ny substantial changes to the approved Preliminary Plat. Site Plan Number 3 represents a significant change in the road network for the property. We would argue that -- they still have to come back through with a new Preliminary Plat, but they wouldn't have to go through the -- dare we call it the Devon -- or the Fairview Lakes syndrome of having to come in with repeated conceptual use permits -- or conceptual Planned Developments, they'd just be coming in with a Preliminary Plat. I think II11 leave the rest of the discussion for the applicant and stand for questions. De Weerd: Council, do you have any questions? Bird: I don't. De Weerd: No? Okay. Is the applicant -- is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Larsen: Yes, it will be. Meridian City Council November 5, 2003 Page 60 of 76 De Weerd: Please state your name and address. Larsen: My name is Cornell Larsen. Address is 210 Murray in Garden City. De Weerd: Thank you. Larsen: Thank you. Madam President and Mayor elect, tonight we are here before the City Council to present the last phases of Silverstone's business center and corporate center, we think. What I wanted to do tonight is just kind of walk you through some of the ideas that we had for it, as well as address maybe some of the staff's comments. We are pretty much in concurrence with the way the Planning and Zoning approved the project. We donlt have any real issues with their approval and the conditions that they placed on the project, but to try to help us address a couple of things that aren't really shown on the overall maps that you have in front of you now that were requirements from the highway district, I want to talk about those a little bit and some exchanges that we were working on with the highway district. Along this boundary, which is the east boundary, there is a parcel of ground here that was owned by Sutherland Farms to be C-G zone and it is incorporated in their plan for what would happen to the south of the Silverstone project. Also, as a condition of our approval, there was a road that was coming across the canal at this location. It was stubbed in here from Sutherland Farms. We were required to extend that down to where it intersected with this location of Copper Point or the one that was shown on the previous plan. It isn't really reflected on the drawing that you have for conceptual plans. That road is missing on those conceptual plans and we would consider that that would be a requirement of the highway district, so it would make that -- it would not be a substantial change to that -- to the plat. Secondly, ACHD owns a parcel that's right -- excuse me. About right in here currently that they were using for a detention pond for the collection of water on Overland Road as Overland Road was improved from the location that it is now to Five Mile and that retention pond -- part of the reason that ACHD is involved in the application, we were asking to move it more interior to the site and use it for a part of our open space and go ahead and improve it into a grass swale situation and to make it more of a green open space, as opposed to a concrete detention pond, if you will. Typically with what ACHD has done on Federal Way. It ends up being fenced it ends up with gravel sides, kind of pretty ugly. Weld like to try to create it into a more open space amenity and I didn't see Mr. Mills here, but I think they are in concurrence that that would be acceptable to them. Also, during the approval process -- and you may recall from the previous meetings that there is the issue on Overland Road and how it would be improved to satisfy ACHD, the neighbors, and the reconstruction of Overland Road. The developer h'as had ACHD prepare four options for what could happen to this road and they have been presented to the neighbors on the north and the developer made that presentation. Now subsequently in the next couple of weeks the highway district will be having a meeting to see which one of those options may be most valuable to solve some of the access issues and street improvements up there. Hopefully, as happened on Eagle Road over here, we will get to a resolution on that with the highway district and be able to move forward with improving that section of road. As far as our ( Meridian City Council November 5, 2003 Page 61 of 76 request for a larger parcel -- being able to have a larger parcel, I'd like to address that particular parcel and, then, another one that's over in the corporate center about right here, which I talked to Anna about earlier in the lobby, but our intent here is that we have a large parcel that we could take a major user and place them on it and we'd like to have that flexibility. It's really hard in commercial to know whether you're going to get a 20,000 square foot building, a 40, or a 60 or 100 or whatever it's going to be and so we were looking for a couple areas that we could place some larger facilities and one would be in this area and one would be in this area. Now, these lots could, as Anna suggested, move and maybe become part of this buffer over here, along with this road or maybe this boundary could be expanded to be a little wider landscape buffer to buffer the residential properties that are along this side. As far as the special use areas, in the B area, which was in this area right here, we had indicated that those uses would be as listed in the Development Agreement. We also asked -- had asked to include some uses that were in the Michael's of Oregon project here that we had to come back through when we were doing that project to get the specific Michael's of Oregon project approved. Their intent would be to expand somewhere in this area with another facility. Their projection is they will run out of space by the end of 2004. Right now their assumption is that they are going to go somewhere in here, so we'd ask to include those uses in the Development Agreement, so we did not have to come back again if they decide to expand and we made it specific to the Michael's of Oregon use. Hopefully, that will give you some idea there of what our intent was with that request. Along this site, part of the reason we revised this -- the original drawing that kind of had a straight road and some larger lots into some smaller lots and meander the road a little bit was to try to force some smaller buildings over along this boundary. It's got a fairly steep slope coming down right here, so these are going to end up being smaller buildings and by forcing the road over, these end up being smaller buildings. These uses become less intense next to the residential area, so it would be our intent that next to the residential area that the uses would be smaller and less intense and Planning and Zoning forwarded that recommendation to you in their approval. Then, I wanted to kind of jump back to an issue in the Silverstone Corporate Center, and this something that's becoming a little bit difficult for us to solve. Anna was going to look at how that might -- how we might look at that option, but in the original overall project, Michael's of Oregon sits here, Sundance now has a user that's willing to purchase ground in this area. They would have 500 to 700 employees that would be moving into that facility. They are in need of a communications tower, which is a Conditional Use, as we understand it, in the ordinancea One of the questions we had is can that communications tower be considered as an accessory use to that particular project. Anna had indicated that she would try to research that a little more thoroughly for us and we also need to get her some information on size and height and what it might look like. We have a concern about being able to do that there or if there might be a way we could amend this Development Agreement to include a cell tower or communications tower that might be associated with the other Silverstone project. Our intent was trying to -- they want to be open by June 1 st and that's a very aggressive schedule on their part. It is a good employer and is a good employment base and so with that I was going to conclude my presentation and try to answer questions and see if I could answer any of them that you might have. ( Meridian City Council November 5, 2003 Page 62 of 76 De Weerd: Anna, I guess my question is can you respond to Cornell's statements and, then, secondly, even if -- if it was an option for this newer part to house that new employer, with the length of time it takes for Final Plat, signatures, and all of that, is that even a possibility? Larsen: That's why they want to be here, because the time frame here is not too acceptable to them. They couldn't get there. We might be able to get through the platting on this and be able to have a lot where their communications tower could go through an easement or something like. In an effort to get -- and we do have one building permit that's obtainable or maybe two on this parcel here. Their intent was they liked the Eagle Road site and they were looking for a location to put the tower and putting it on this area was a little bit more concern to us than maybe putting it back there by a well site we have or something like that. De Weerd: That is a better site. Larsen: Secondary to the location of the middle of the project. Bird: How far can that cell tower be away from the building that they would be working out of? Larsen: I think we can go 600 feet to 1 ,000 feet and probably be okay. They do need to be fairly close to it, because of the business they are in. Bird: How big of lot will this tower need? Larsen: My guess is it's probably only going to need something that's like 25 by 25 at the very most and I know there are some issues with cell towers and all the other problems with them. T hat's why I was asking the question, to see if t here was any consideration or anything that we might do. De Weerd: Anna, do you have any answers on that? Powell: Madam President, Members of the Council, that portion of the code, I have to admit. I have not read in detail. I -- I don't even know what it covers and most of the sections I have at least glanced over and have some idea, but no one's brought in one since I have been here and I just haven't looked at it and they tend to be very detailed pieces of code. I really am hesitant to say anything and, basically, what I -- I probably gave Cornell a very blank look when he first brought it up, because I just -- my first thought was I just have no idea. The copy of the code I have here does not have -- it was one of the recent updates, so I donlt have it. I have been able to peruse it since the hearing started either. I just -- I have absolutely no comment. 11m sorry. Meridian City Council November 5, 2003 Page 63 of 76 De Weerd: Well, I know you need a fast turn around time to respond to this person. If we could -- if you could even check with Dave McKinnon. I mean he worked in researching this at an earlier date. Or Brad Hawkins-Clark did as well. Powell: I just need to get a copy of the code. I can meet with Cornell on Friday and we can go over it. I just have not looked at it. Larsen: I'm going to be out of town Friday, but Monday would work fine. De Weerd: Is that good enough turn around? Cornell: Yes. I think that's fine for right now. My question tonight was if there was any pot~ntial way to include the communication tower as an accessory to a project that may locate in either one of the Silverstone projects, if there was a way to add that into the Development Agreement CUP and Mr. Nichols has had his workout tonight, so -- De Weerd: He is earning his salary. Nichols: Madam President, Members of the Council, I don't think you could do it that way. I mean just -- as I recall, the communication tower was such a bugaboo, it was flat out prohibited in residential zones, there were free fall zone area issues. I don't recall if there were any that were permitted outright, unless they were the stealth variety and I can't remember if even those required a Conditional Use and it sounds like this particular use might be more intense than w hat would be possible through a stealth tower. Larsen: My rough guess is it's probably going to be 100 to 120 foot high tower and that's a rough guess, because I don't have anything other than a picture and you're kind of standing there going how big is this and I didn't bring the picture tonight, so -- De Weerd: I think the attorney has the dimensions. Nary: Unless it could be a really tall tree to look like a stealth tower. Bird: It would be a very tall tree to look like a cell tower. Anyway, I was trying to see of there was some way that they could be accommodated through this process and if there isn't, then, there isn't, but I wanted to at least explore that with you tonight and since I was last on the agenda, I thought it might be -- or maybe not last, but close to it. De Weerd: Okay. Are there any questions for the applicant? Oh, 11m sorry, chief. Musser: Madam President, Members of the Council, one concern just came to mind in listening to the comments that were just presented that we may have to take a look at from a public safety standpoint. If this call center is a cellular operated call center, where Ada County is currently on a narrow band 800 megahertz format, we have been experiencing a number of interference problems with active cell towers in a call format Meridian City Council November 5.2003 Page 64 of 76 in other metropolitan areas and I would caution that we probably just need to make sure where we are at on that, so we don't interrupt -- end up having some interference as a result. De Weerd: Thank you to whatever you just said. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, I think I heard the police chief say that the communications tower needs to be through a Conditional Use Permit process, so everybody can study what it's going to do and how it might affect emergency services, unless the ordinance allows it as an outright use or some accessory use, which I don't believe it does. De Weerd: So, I guess you could work with staff on these issues. Mr. Berg, will you, please, talk into your mike, because our City Clerk is really adamant about -- Berg: That important stuff. Madam President, I will see if my staff can e-mail him the ordinance tomorrow and, then, he could review it, as well as Anna. De Weerd: As well as Anna and maybe the chief. If you can both look into it. I think they need some -- a timely response to -- Larsen: Madam President, we might be able to get some information on bandwidth or something to that effect that might help satisfy the chiefs concern. I'm not sure that I can or can't, I would just have to start making some phone calls to see if we could track that down. De Weerd: You. Okay. Well, I imagine that we may have some testimony -- some further testimony? No? Okay. Are there any further questions for the applicant? Nary: Madam President? De Weerd: Mr. Nary. Nary: There was a letter earlier from Mr. Thomas. De Weerd: Oh, yes, by Mr. Thomas. Nary: And I didn1t know if that -- if his particular issue had been addressed at some point regarding the -- assuming his residence is somewhere over here. Larsen: About right there. ( Meridian City Council November 5, 2003 Page 65 of 76 Nary: And he was, basically, wanting a divider and barrier and turn lane and all that. didn't know if that -- if those issues have been discussed or addressed with him. Larsen: Those are part of the issues that would go in front of the ACHD meeting that they would be having with the neighbors in the next -- I can't -- I don't have a notice from ACHD when the meeting is going to be. They had told us within a couple of weeks and that's been about last Thursday, so I'm kind of anticipating that someplace between the 17th and the 25th of November that they will have a meeting with the neighbors. They wanted to schedule that and hold that and as a result of some of the things that happened on Pine Street, they felt like it was necessary to have a neighborhood meeting with the neighbors on a developer-funded road. They would address the issues of a turn lane or center median at that time. Overload Road, historically, they have not had a center median that has blocked a left turn from -- basically from Vista to -- as far as -- as far as it is to Meridian Road. I'm not sure that that's going to be their policy, but they do have a copy of his letter as well, because I'm sure he's copied that to them. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Larsen, would the outcome of that meeting further change one of these site plan iterations that we have here? Larsen: Madam President, Mr. Nichols, what there were is there were four proposed options on that road and 11m not sure I can remember them all, but I'm going to try to do what I can. One was is that -- the first option was that they keep the road on the same center line alignment that it's on currently, which is probably going to require that they buy three of the homes that are located on the north, because they are going to be in the way of the improvements for the project. The second option was that a frontage road be placed along the residential property and that the Overland Road be shifted 25 feet to the time south and that was not an option that was favorable to the neighbors at that particular point. The third option was that they shift the road about eight feet to the south and that, in itself, was fairly favorable to most of the neighbors that were in the meeting, the vast majority, as I understand it. Then, the last option was that they have some sort of -- they build some sort of turnarounds, so that they didn't have direct backing onto Overland Road on the residential property and that would be a part of an ACHD construction project. There were four options that would or could change the depths of these lots on the frontage. We would not be shifting the ACHD pond, but most likely the frontage would be reduced by some amount between eight and 25 feet is my guess right now. I don't know if that answers your question. The best answer I have today. Powell: Madam President? De Weerd: Anna. Meridian City Council November 5, 2003 Page 66 of 76 Powell: I'm sorry he's getting far too many questions from staff. If the applicant -- originally there was a concern from the property owner immediately adjacent about an access point out of here. Has that issue been resolved, Cornell? Larsen: No, that has not. That is, actually, the same gentleman that wrote the letter that is attached to the staff report. Mr. Mason I believe his name is, but I can -- Powell: Thomas. Larsen: Thomas. Ted or Ed Thomas. Powell: Ted. De W eerd: Edward Thomas. Larsen: Edward Thomas. It has not and the location of that drive has not. At one time we were asking f or four full approaches h ere a nd aright in, right 0 ut. The highway district conditioned it upon three, one there, one there, and one in the center. When they moved to the center, thaes when Mr. Thomas had his objection about the location of the curb cuts. De Weerd: Okay. Any further questions? Staff? Okay. Thank you. Larsen: Thank you. De Weerd: Discussion? Motion to close the Public Hearing? Nary: Madam President? De Weerd: Mr. Nary. Nary: I might have got lost here, but what are we doing? I mean are we setting this over so we can find out more on the cell tower? I mean there were a lot of issues. I guess I was a little lost, Madam President. De Weerd: I believe we want to continue it for the ACHD report as well. Bird: Madam President? De Weerd: Mr. Bird. Bird: As I understand it -- I mean I have no problem passing it and as I understand from the counselor that -- that that's going to have to be a -- the cell tower is probably going to have to be a separate CUP of its own after we find out. I think we go ahead and either pass or deny the CUP here and go from there. That's my -- that's my observation Meridian City Council November 5, 2003 Page 67 of 76 and with that, Madam Chairman, if nobody has got any -- Madam President, if nobody is going to make it, I'll make a motion that we close the Public Hearing on CUP 03-044. McCandless: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 21. All those in favor please say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Discussion? Motions? Bird: I got a question. Staff, Anna, would you, please, put up the site that shows the big bottom -- there we go. That's site plan Number 3 right? Powell: Correct, sir. Bird: While the Council is deliberating, I just wanted to point out an unusual condition of approval a nd I mentioned it earlier, b ut I just - - if you wanted to look a t t he specific wording on Page 3. It says: The P&Z Department staff is hereby granted authority to approve modifications to the master site plan that conform to either of the concepts submitted with the application. Note this does not grant authority to approve substantial modifications to the Preliminary Plat. Perhaps either should be changed to any, however, depending 0 n what your thoughts are. That would be - - well, n ot a ny. 1'm sorry. One of the three that are presented tonight. Forgive me. De Weerd: Okay. Are you still awake? Nary: Mr. Bird seemed to follow it better than any of us, so I was waiting for him. Bird: I beg your pardon? Nary: You seem to be following it better than anybody, so -- Bird: Well -- now you've got me confused. It doesn't take much, but -- you say that's item four that we are talking about on Page 3? Is that right? Powell: Yes. Unless the applicant wanted to limit it to Site Plans 2 and, but I think they wanted all three options still open. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members 0 f the Council, one of the issues you have to address in connection with that Item 4 is whether Site Plan 3 constitutes a substantial {- I Meridian City Council November 5, 2003 Page 68 of 76 change from Preliminary Plat, which has the road across the bottom of that parcel. You would have to make a specific finding that that road alignment was not a substantial change from the Preliminary Plat. Powell: President de Weerd, Members of the Council, would an alternative be that they could approve that flexibility, but if -- if it were a substantial change, that the Preliminary Plat would be null and void? Or that they'd have to come for a -- not null and void, but they'd have to come in for a new Preliminary Plat. Nichols: Madam President, Members of the Council, if it's a substantial modification, as I understand this recommendation, you can't approve. The only way that it could come back in that configuration is through a replat. Powell: Madam President, Members of the Council, I believe that the P&Z recommendation is just saying that staff does not have the authority to grant a substantial change to the Preliminary Plat. Not that the Planned Development couldn't be changed, it's just that if the applicant -- if it were a substantial change to the Preliminary Plat, they need to come through with a new Preliminary Plat. That was my understanding of the P&Z recommendation. Maybe we need to clarify that. Nichols: Madam President, Members of the Council, the problem that I have is that -- as I understand it, Site Plans 1 and 2 is what was in front of the Commission. Is that correct? Or was Site Plan 3 also in front of the Commission? Powell: I was told that there was all three site plans in front of them. I was not at the hearing that night, so -- De W eerd: Does that satisfy -- Nichols: Madam President, the problem is that you could have a site plan that doesn't fit your Preliminary Plat. That's the problem. Powell: That's already been approved. Nichols: Yes. You have an approved Preliminary Plat that shows this street configuration more towards the bottom to the south end of the parcel, so if they come in and ask for Number 3, it's not going to fit the plat. They apply for a Final Plat and staff is not going to be able to say that it substantially complies with that Preliminary Plat. De Weerd: Aren't we glad we closed the Public Hearing. Bird: Madam President? De Weerd: Mr. Bird. ( Meridian City Council November 5. 2003 Page 69 of 76 Bird: We are in a pickle, but -- would they have -- then, we have to modify the Preliminary Plat at this point to let the three site plans -- work on it or what? I mean you don't -- you know, you don't go down and wait until the Final Plat comes through and they have, evidently, come up with the idea that probably Site Plan Number 3 is going to be the one they go with, if they have got some people that are interested in that large lot, so -- Nichols: Madam President, I'm just not sure. Bird: Madam President? De Weerd: Boy, this has been a fun evening. Bird: What do we do? I mean the CUP is very -- in my opinion, is a very good CUP. Could be passed. We do have the one hold up between the Preliminary Plat and site number three, which they want all three sites to be included in the CUP and, like you said, then, when the Final Plat comes, if they use site number three, the Final Plat and the Preliminary Plat aren't even going to resemble one another. How do we get ourselves out of the pickle? We open up the Public Hearing again or -- I donlt think so. Powell: Madam President? -De Weerd: Anna. Powell: Madam President, Members of the Council, would it -- I think at this point we are grasping at feeble-minded straws, because we are all too tired to think clearly. On Condition Number 4, if we made a specific reference that said to develop in substantial - - or to develop as depicted on Site Plan Number 3, the applicant shall be required to submit a new Preliminary Plat application to the city. That gets them out of the -- the real desire here is to get out of the -- having to come back with a new concept plan for you and to -- if they have to come back with a Preliminary Plat, I think they are willing to acknowledge that and accept that. It's more the -- having to come back with both the Preliminary Plat and the concept plan, and I don't know if you remember, but we went through a whole fee waiver on this one, too, so we probably have to come through with that again. I think if we can address the city attorney.s concerns, but still leave a little flexibility in the Planned Development, that's all we are asking -- or all the application is asking. They are not -- they -- Planning and Zoning Commission specifically didnlt want to give them the authority to -- for staff to approve changes to the Preliminary Plat and staff doesn't want those either. Itls just the need to get out of the -- to get the concept plan kind of established with some flexibility. Bird: Madam President? De Weerd: Mr. Bird. Meridian City Council November 5, 2003 Page 70 of 76 Bird: Anna, though, the only problem is if we leave that last sentence in, the note -- regardless of how we word the upper one, I don't see where it's going to help, because that bottom one just says this does not grant authority to approve substantial modification to the Preliminary Plat. If you change the wording up there, you're going to allow some modifications and who decides what's substantial or not? One lot change could be substantial with some people and -- Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Anna, on a new Preliminary Plat application, how long does it take to process? Powell: New Preliminary Plat? Six weeks to get before Planning and Zoning, so you have one hearing there and, then, another month to get up here. So -- and, then, two weeks for findings, so 12 weeks. Let take one more stab at this. If, on Condition Number 4, we were to strike the parenthetical phrase and replace it with a second note - - s 0, let m e give ita s hot. I 'II just read it. P &Z 0 epartment s taft ish ereby granted authority to approve modifications to the master site plan that conform to concept plan -- or Site Plan Number 1 or Site Plan Number 2, submitted with this application. Period. P&Z Department staff is also granted authority to accept or approve modifications to Site Plan Number 3. However, a new Preliminary Plat application is required to develop consistent with Site Plan Number 3. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with that wording. I have no problem with it. Actually, on the Preliminary Plat, you're telling me we are looking at six to eight weeks to get it through if they have to redo it? Powell: It would be a new application. It's already gone through the process. Bird: But you're basically saying if they go with Site Number 3, they have to get a new Preliminary Plat application going through. Isn't that what you -- maybe I m isu nderstood. Powell: Yes. I believe it is not in conformance with the -- it's too far away from the old one. I thought that's what everybody had decided. Bird: I have no problem with staff being able to look at the existing Preliminary Plat and seeing that if Site 3 can go on it, putting it on it and, then, coming back, as long as staff does it. I mean I don't want an applicant to be doing it. If you agree to it, go back -- I mean if you -- we are setting them back another six to eight weeks if they decide to go with site plan three, if I understood right. ( Meridian City Council November 5, 2003 Page 71 of 76 Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, a couple issues. One is I think if there is a substantial change a new plat application is required anyway, despite the wording of this condition. The issue, though, is how do you -- how do you bring that into congruity with being able to approve a site plan that doesn't fit the plat. The difficulty that Mr. Larsen and his client have is if somebody wants to buy and begin building on that large parcel, to tell them it's going to take three months is a problem, as I see it. Also, you wouldn't want to hold up the ability to sell or build on those lots that would be unaffected Anna by the revised plat application. You certainly -- I mean I can see us maybe crafting something here that says the area of the plat that would be affected by the replat would be -- you couldn't issue Building Permits. For the rest of it, they could proceed with building permits and I'm getting an affirmative high sign from Mr. Larsen that maybe we have struck on something here that works. A new Preliminary Plat application would be required to comply with Site Plan 3, but they could still apply for a phased Final Plat for the part that isn't going to be changed by the replat or something in -- we can find some way to word it. It still allows them to proceed with some development. They would only have to, essentially, replat the part that's going to change. Bird: That's the lower part. Nichols: Right. They would still have some delays, which affect the marketability. Bird: That's a good idea, Mr. Nichols. I think that's a very very good idea and you and Mr. Nary are telling me it's legal, that we can do it on something like that where we just do a partial Preliminary Plat. Powell: Madam President, Members of the Council. There is not a building on the site currently, so they do have one Building Permit that they could use if they wanted to start construction earlier. I'm not sure whether they can submit a new Preliminary Plat application on a portion of an unplatted property. We generally have to have some sort of boundary to work from and this would be a boundary from an unplatted Preliminary Plat. Getting into territory to Fairview Lakes once again. If -- I think the applicant is willing to accept that if this user wanted to go in, that they could take that one and only building permit until the Preliminary Plat was turned into a Final Plat. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Madam President, Members of the Council, I think what we are going to need is -- I will need to visit with Mrs. Powell and see if we can't come up with an acceptable wording for the condition, which we can run passed the applicant and, then, we could ( Meridian City Council November 5, 2003 Page 72 of 76 approve findings and you have a chance to pass upon the condition wording and we can get this done. Bird: So we'd need to pass the CUP right now right? Nary: I -- Madam President? De Weerd: Mr. Nary. Nary: I think what we have -- I think all we really can do -- and, partly, because I donlt think we really know what we are doing right anymore -- is I think what we can do is simply move for Mr. Nichols, Mrs. Powell and the applicant to discuss -- I think Mr. Nichols has hit on probably the best way to resolved this issue. I don't think we can make a motion for those findings, because we donlt really know what that's going to say. All our motion would simply be would be for Mr. Nichols, Mrs. Powell, and the applicant, to work to come up with findings to bring those back to us. Either one or two weeks, whatever is -- within two weeks, so that they can formulate those and, then, we will have a little bit better read of what we are looking at to then approve. Does that make sense? McCandless: Was that a motion? Bird: That makes sense to me. Nary: That would be my motion. McCandless: Second. De Weerd: Okay. It's been moved and seconded for the applicant and staff and our attorney to make findings on this -- on CUP 03-044 and to bring it back within a two week period. Is that what your motion was? Nary: Yes. De Weerd: Okay. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 22. Canvassing the Votes for City General Election: De Weerd: Thank you. Now, I hope Item 22 is not as complicated, although I will say that I have gotten a lot of comments -- and it's not just from the people who waited last night for election results. I heard it all day today of comments from Meridian residents who felt like we were the neglected step-child in Ada County as to why Meridian's was -- was not only neglected by the visual media, after the Boise elections were announced. That they came in so late and since they were so small in comparison to Boise, why Meridian City Council November 5, 2003 Page 73 of 76 they weren't run before Boise. I do think that we need to send a letter to Ada County to both their elections office and probably the Ada County Commissioners and ask them to, please, address this before our next series of elections in two years. Berg: Madam President? De Weerd: Mr. Berg. Berg: I think before the Council sends a letter, maybe we should listen to an explanation of why it is the way it is. De Weerd: That sounds like an excellent idea. Will you, please, enlighten us? Berg: I had a nice prepared presentation, but because of the late hours and I think I was -- 24 hours ago I was there, along with somebody else that's in this room. The computers and the counters are set up that once you start one city, you go through the whole city election and count the ballets. The City of Boise brings their absentee ballets in at 8:00 in the evening, so they start, and they wait until every precinct is at the city and they have to count through all those and when they are completed. Then, they can do the next city. Fortunately or unfortunately, they had a good turn out, they didn't get completed until almost a quarter to 11 :00 and Garden City only -- they had less than 2,000 ballets and since I'm the brand new contacted city for them to count, I was in third. It was really kind of irrelevant, because Garden City probably didn't get as exposure either than the City of Meridian after the 10:30 news. At 11 :30 our city was counted -- was started counting in the process that they have to check some logic and accuracy tests that I took the day before with computer. At 11 :53 we were completed so, it didn't take us very long to go through the process, and it was just that we were behind a large city's process. I can't tell you about t he television exposure, but the Statesman, Channel 6 and Channel 7, were all there waiting at the window waiting for our results, and as soon as the results were completed, Ada County did their broadcast fax to the media and faxed all the information for me to the media. That's the process. Things that can be done to change the current process, I don't know if there is any. There has been talk about in the near future having touch screen voting booths, which would be on individual type of computers, which you would have instant results, rather than hours of results so, there are some other things looking down into the future. I don't know if I can -- we can change the process that's there at Ada County right now, because of the way they have their system of counting, and there are three counters, so it's not like it's just one machine counting, there is three counters, but ifs completing one city before they can start another. De Weerd: Well, I guess my point is just with Garden City and Meridian equating to 6,000 votes, you know, why you can1t count those -- the smaller cities before you tackle the big one, and then, just bring to their attention to see how they can be part of this solution, since they are the agency that's in charge of this. You don't have to be sworn In. Meridian City Council November 5, 2003 Page 74 of 76 Krowley: Thank you. Kathleen Krowley. I 1m a reporter for the Idaho Statesman. I know the Statesman had three issues, three editions that we put out on a daily basis. That's a state issue, a Canyon County issue, and an Ada County issue and -- those editions. I because of the lateness of the hour -- and this is, of course, no fault of Mr. Berg, just the system set up with Ada County -- is that the rest of the state didn't get the results from Meridian and they won't get them until tomorrow in our newspaper. To my mind it's not serving the public good to do it in that manner, because, you know, the rest of the state of Idaho did nIt know what Meridian, one of the fastest growing cities in the state, how the election turned out and they won't know from our paper until today. If that comment has any, you know, bearing on the future discussions, lid just like to enter that into the record. Thank you. De Weerd: I appreciate that. Nary: Madam President? De Weerd: Mr. Nary. Nary: I do think -- I mean I do think there is things about the election process here that we maybe can have that discussion about. I don't -- I mean I agree with Mr. Berg, I don't necessarily see a real solution. I mean we had paper ballets two years ago, we had to count all of those by hand, and it took approximately four hours to get results by doing that. We did have a levy at the time, so the counting was a little more complicated. Here it took about an hour, we counted the ballets, and we still got the results at the same time. I mean I donlt know if it really is going to -- I don't know that there is a solution, unless we had the capability to count the ballets here. I don't know that there is any other solution to it, and the expense and cost of that may not -- may be prohibitive to do that at this point, so -- but I think it's certainly worth the discussion. Not tonight, but I think itls worth the discussion as to process improvement and ways to do it and, again, we maybe end up at the end of the day saying there isn't any. I did appreciate that the Statesman -- the Ada County edition did have the results and did have photos and we did have coverage and that was good. The Statesman website was able to pick that up. Channel 7, it looks like, picked up the results. There were -- there were ways to find it, but, you know, it would be nice if there were better. If would be nice if the TV didn't turn off, but -- at 11 :30, because the Boise elections were done they could run their regular show, but, you know, the city of Boise is 200,000. They are going to govern what happens. That's just, unfortunately, the way it ends up working most of the time. Bird: It's the old adage. The dog wags the tail. The tail doesn't wag the dog, and in Ada County Boise is the dog. De Weerd: Okay. Thank you for the one-liners. Berg: With advanced technology, Madam President, I'm sure things can change and we can hope for the best and I assure you Dave Navarro and the Ada County election Meridian City Council November 5,2003 Page 75 of 76 staff is looking t awards those things, because they want nothing better than to have people happy. Bird: Madam Chairman? De Weerd: That's great. We like happy people. Mr. Bird. Bird: Well, seeing how I got to eat supper tonight and I'm going to go run and get something somewhere, I'll make a motion that we accept the results from the city of Meridian general election as published on November 4, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to accept the results from the City of Meridian general election dated November 4, 2003. All those -- well, do we need to have a roll call vote? Okay. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Thank you. Berg: And thank you. If you have any questions on the report, let me know, but I try to put enough information to kind of see how other trends are and even from the last election. De Weerd: Thank you, Will. This is very comprehensive. Nary: Madam President, before we adjourn. De Weerd: Mr. Nary. Nary: Because I think thafs what we are up to. De Weerd: We are up to that. Nary: Okay. Yes. I agree with Mrs. Powell. For some reason tonight was much more complicated than it normally was and I don't know if it had anything to do with the fact that it's Mr. Berg's birthday, but I think we need to note that it was his birthday today. Bird: And he's getting close to 50. Nary: He's a little closer to 50 than he was yesterday. With that being said, I guess I would move to adjourn. Meridian City Council November 5, 2003 Page 76 of 76 Bird: I'm long passed 50. De Weerd: Can I second that? McCandless: Second. De Weerd: Okay. Thank you. It's been moved and seconded to adjourn. All those in favor say yea. MOTION CARRIED: ALL AYES De Weerd: Okay. It's 11 :15. MEETING ADJOURNED AT 11: 15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: II / I g / IJ;} DATE laln/'Ylr;} de t<Jee~L I,.ei/dtivt; 6~ C{J/V7l~ interoffice MEMORANDUM To: R. .. ~~(.' ~~ ~ yu ~D AdD. j ..L...l Or,,,, r~ (~ 2003 l,' ( j William G. Berg, Jr. t~lt-v Of I'v1eridia11 (~it~y Clerk Office From: Subject: Joint School strict No. 2/The City of Meridian Fire Department and The Meridian Rural Fire Protection District Lease for fire safe house Date: October 29, 2003 Will: Please fmd attached two complete original Leases for the above matter. Please place the Lease upon the next available Council consent agenda for their approval. If you have any questions, or if you find you need anything further in this matter, please give me a calL Z:\Work\M\Meridian\Meridian I 5360M'fire Dept\Berg fire safehouse Memo 1029 03.doc ( LEASE THIS LEASE is made and entered into this 5ift day of /V6YfJYYLhev, 2003, by and between JOINT SCHOOL DISTRlCT NO.2, hereinafter referred to as the "District," and THE CITY OF IvlERIDIAN FIRE DEPARTIvlENT and THE IvlERlDIAN RURAL FIRE PROTECTION DISTRlCT, hereinafter collectively referred to as the "Fire Department. " Recitals WHEREAS, Joint School District No.2 has established a development known as Education Campus Subdivision upon which the District either has constructed, or may construct in the future, a technical charter high school, elementary school, administrative offices, and one to three additional charter schools; and WHEREAS, the Meridian Fire Department of the City of Meridian has identified the need to establish a fire safety education facility to teach children and adults about the dangers of tire and how to better protect themselves and others from injury or death from fire; and mission; and WHEREAS, fire safety education is compatible with the District's education WHEREAS, the District has land available in its Education Campus Subdivision upon which a fire safety education facility may be built; and WHEREAS, the Fire Department is willing to construct a Fire Safety Instruction Facility, hereinafter the "Facility," on land provided by the District; and WHERE.AS, it is in the best interests of the District, its students and patrons, as well as in the best interests of the Fire Department and the citizens it serves, to cooperate together to establish the Facility. NOW, THEREFORE, subject to the Fire Department receiving the necessary funding to cover the obligations imposed on it by this Lease, the District, for and in consideration of the terms and conditions hereinafter set forth on the part and behalf of the Fire Department to be kept and performed, does by these presents grant, demise and lease unto the Fire Department, and the Fire Department does by these presents hire, rent and take from the District, that certain real property more particularly described in Exhibit "A" attached hereto and, by this reference, incorporated herein as if set forth. in full, hereinafter the "Property." In the event the Fire Department does not receive the necessary funding to LEASE - 1 cover the obligations imposed on it by this Lease or, ifreceived, is not appropriated, then and in that event, the Fire Department's obligations under this Lease shall cease, except for the obligation to remove improvements as hereinafter described, and each party shall be released from all further performance under the terms and conditions of this Lease. Agreement 1. Term. The initial term of this Lease shall be ten (10) years, which shall commence October 1, 2003, and shall terminate September 30, 2012. 2. Rent. Fire Department covenants and agrees to pay annual rent for the Property in the sum of $1.00 per year, payable on October 1, of each year during the term hereof commencing with the execution of this Lease. 3. Use. Fire Department shall use the Property for the Fire Safety Instruction Facility to provide education and instruction regarding fire safety. With the prior written approval of the District, which District shall not unreasonably withhold, Fire Department shall also be entitled to use the Property for other educational purposes, such as the use of the Facility by the City of Meridian Parks and Recreation Department for community education. 4. Improvements bv Fire Department. Except for those improvements and maintenance to be provided by the District as hereinafter set forth, the Fire Department shall be responsible for constructing and maintaining all improvements necessary for the intended use of the premises. The Fire Department shall comply with all applicable building and development codes. The Fire Department shall be allowed to move a manufactured home onto the Property in order to construct the Facility. The Fire Department shall also be entitled to construct such ancillary structures as are necessary to conduct fire safety education and instruction and related activities. Prelimi~ary site plans and drawings showing the location of the Facility and its ancillary structures are set forth in Exhibit "B." Prior to the commencement of construction, the Fire Department shall submit to the District, and obtain the District's written approval of, the final site plan and associated final drawings. All construction must comply with all existing building codes. Lessee shall also obtain all necessary governmental approvals prior to commencement of construction. The Fire Department will construct and install, at its expense, all driveways and parking areas shown on Exhibit "B" attached hereto as part of the Fire Safety Instruction Facility. The Fire Department will install, at its expense, the landscaping shown on the site plan for the Fire Safety Facility. LEASE - 2 5. Fire Department's Maintenance. The Fire Department agrees to maintain the demised property and improvements in condition as the same are in at the time Fire Department shall take possession of the demised Property, reasonable wear, tear and damage by the elements excepted, subject to the specific duties imposed upon the respective parties hereto by this Lease with regard to the maintenance of certain portions of the demised Property, and, at the termination of this Lease in any manner, Fire Department shall surrender said Property to District in such condition. 6. Responsibilities of Fire Department upon Termination. Upon the termination of this Lease for any reason, the Fire Department shall, at its sole expense, remove the Fire Safety Instruction Facility, including any foundation, provide fill, including topsoil, if necessary, compact and grade the site to the natural grade which existed prior to construction of the Facility, and seed the restored area with grass. 7. Continuation of Lease subiect to Annual Appropriations bv Parties. This Lease shall be subject to the annual appropriation by each party of sufficient funds each fiscal year to pay their respective obligations hereunder (i.e., in the case of the Fire Department, the appropriation of sufficient funds each fiscal year to pay the annual rent, associated utilities, and maintain the improvements constructed or placed on the Property by the Fire Department). Each party, in the process of its preparation of its budget for each fiscal year covered by this Lease, shall consider the costs of this Lease and their respective obligations hereunder. In the event such funding is not received, or, if received, is not appropriated, then and in that event, the obligations of both parties under this Lease shall cease, except for the obligations of Fire Department to remove improvements as hereinafter described, and each party shall be released from all further performance under the terms and conditions of this Lease. 8. Improvements and Maintenance by District. The District agrees that it will provide the landscaping and site improvements shown on the site plan that accompanied the District's application for subdivision approvaL The District will also provide maintenance of those improvements, including irrigation of landscaping. The District will provide roadways, including pavement, curb, gutter and sidewalks, from the edge of the constructed street to the edge of the right-of-way owned by the Ada County Highway District. 9. Alterations and Improvements. Except for the construction and improvements contemplated by this Lease, the Fire Department shall not make any other improvements or changes to the Property, except for ordinary maintenance for which the Fire Department is responsible, without the prior written consent of the District, which consent shall not be unreasonably withheld. Upon the termination of this Lease, such improvements as shall have been added or made by Fire Department which are not removed pursuant to paragraph 6, above, shall revert to the District, and shall become a part of the real property so leased herein. LEASE - 3 10. Signs~ Fixtures and Equipment. With the prior approval of the District, Fire Department shall have the right to place a reasonably sized sign upon the Property indicating the name and nature of the Facility; provided, howeve~, that said sign will not obstruct the vision of the leased property on either side of the Property subject to this Lease Agreement. Upon termination of this Lease, the Fire Department shall remove any signs from the Property and shall repair any damage occasioned by such removal at the Fire Department's own cost. 11. Compliance with Law. The Fire Department agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. 12. Utilities. Except to the extent specifically set forth otherwise in this Lease, it is expressly agreed that during the full term of this Lease, the Fire Department shall furnish and promptly pay for any and all utilities and services provided to the Property, including but not limited to, water, sewer, gas, electricity, telephone, refuse disposal. 13. No Assignment or Subleasing. The Fire Department shall not sell, assign, encumber, or transfer all or any portion of its interest in this Lease and/or the Property at any time. 14. Fire Hazards. The Fire Department shall not do anything in the Property or bring or keep anything therein which will increase the risk of fire, or which will conflict with the regulations of the fire department or any fire laws, or with any fITe insurance policies on the buildings, or with any rules or ordinances established by the board of health, or with any municipal, state or federal laws, ordinances or regulations. 15. Right of Inspection. The District shall have the right to enter the Property at any reasonable time to examine the same and to determine the state of repair or alterations that shall or may be necessary for the safety and preservation of the Property. 16. Labor Contracts and Employees. The parties hereto expressly covenant and agree that all labor contracts and employment agreements with employees regarding the activities of the Fire Department shall be made directly with the Fire Department and that all such employees shall be deemed solely the employees of the Fire Department and in no way employees of the District. The Fire Department covenants and agrees to indenmify and hold the District harmless of and from any liability for any acts of employees of the Fire Department or any acts of persons working for the Fire Department under a labor contract 17. Waste Prohibited. The Fire Department shall not conunit any waste or damage to the Property nor permit any waste or damage to be done thereto. LEASE - 4 18. Liability. The District shall not be liable for any injury or damage which may be sustained by any person or property of the Fire Department or any other person or persons resulting from the condition of the Property or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, including but not limited to the fIre safety instruction which shall take place in the Facility or on the Property, nor shall the District be liable for any defect in the building and structures on the Property, latent or othelWise. Fire Department agrees to indenmify and save the District harmless from and against any and all claims and demands (except for the District's proportionate share of any such claim which arises out of the intentional acts of the District or the District's agents, contractors, servants or employees) for, or in cOlUlection with, any accident, injury, or damage whatsoever caused to any person or property arising, directly or indirectly, out of the business activities conducted in or the use and/or occupancy of the Property or Facility or occurring in, on or about the Property or any part thereof, or arising directly or indirectly, from any negligent or intentional act of Fire Department or its licensees, servants, agents, employees, contractors, invitees, and from and against any and all cost, including reasonable attorney's fees, expenses and liabilities incurred in connection with any such claims and/or proceedings brought thereon. The indemnity granted by Fire Department shall survive the termination of the this Lease and shall continue for all such claims arising during the term of this Lease during any holdover period during which the Fire Department remains in possession, and during the term of any applicable statute of limitations, whether such claim is brought before or after termination of the Agreement. 19. Liability Insurance. Fire Department shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella liability insurance, with a limit for each occurrence, and a general annual aggregate of not less than one million dollars ($1,000,000). Such general annual aggregate shall apply separately to the Sub-Leased Premises. (a) CGL insurance shall be in a form and from an insurance company satisfactory to the District and shall cover liability for bodily injury, property damage, and personal injury arising from Fire Department's use and/or occupation of the Property including, without limitation, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. (b) The CGL and any umbrella policy shall include the District, and its officers, agents, and employees as additional insureds, for liability arising out of the occupancy or use by Fire Department of the Property, and such status as an additional insured shall be evidenced by an endorsement or other policy provision acceptable to the District. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to, and non-contributory with, any additional insured. (c) Fire Department and the District waive all rights against each other and any additional insured for recovery of damages to the extent these damages are LEASE - 5 covered by the cormnercial general liability or cormnercial umbrella liability insurance maintained by Fire District pursuant to this Agreement. 20. Fire and Extended Coverage Insurance. The District shall have no duty or obligation to maintain fITe or extended coverage insurance on the structures located on the Property or the personal property or contents thereof, and the Fire Department may maintain any such insurance on said Property and contents as it desires. District shall be under no duty or obligation to maintain fire, casualty or other insurance upon the personal property and contents of the structures or other personal property owned by Fire Department and Fire Department may maintain such insurance on said contents and personal property owned by Fire Department as Fire Department desires. 21. Hazardous Substances. Fire Department shall not use, store or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon the Property without the prior written notice to the District. Said notice shall identify the substance to be used, the area in which the substance is to be used, the manner in which the substance is to be stored and applied, and plans to dispose of any excess. The District has the option of refusing to consent to such use, storage or disposal of toxic substances. The Fire Department's failure to comply with such a decision shall constitute a default by the Fire Department. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances and the Fire Department shall not allow any hazardous or toxic substance into the air, ground or water, except when allowed by said laws and regulations. Neither party shall not cause or knowingly suffer any "prohibited conduct," as that term is defined by applicable Federal or State law now existing or as revised or amended hereafter, upon the Property. The Fire Department shall indemnify and hold the District hannless from any claim, liability, loss, cost or expense including, but without limitation, attorneys fees resulting from hazardous or toxic substances placed or used on the Property by the Fire Department. This obligation to indemnify shall survive the term of this Lease. 22. Condemnation. If the entire Property, or a substantial part thereof, is condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. Any condemnation award shall be divided between the parties hereto in accordance with and in proportion to their respective lessor/lessee interests. 23. Surrender of Possession. The Fire Department agrees to surrender possession of the Property to the District at the expiration of this Lease in no less than the same condition as when the same were entered into by Fire Department, wear and tear, reasonable use and occupancy and damage by the elements excepted. 24. Default and Forfeiture. Time and the strict and faithful performance of each and every one of the conditions of this Lease are expressly made the essence of this Agreement. LEASE - 6 If the Fire Department fails to make any payment or fails to perform any other obligation imposed by this Lease Agreement, this shall constitute a default hereunder, and if the Fire Department shall fail to cure that default within thirty (30) days after the District has served notice upon the Fire Department of said default indicating the manner in which the Fire Department is in default, the District, innnediately, and without further notice or demand upon the Fire Department, shall have any or all of the following rights and options: (a) To specifically enforce this Lease Agreement by suit in equity; (b) To declare this Lease Agreement null and void, forfeited and terminated, as of the date of the breach, and to retain, as liquidated damages and reasonable rental, all payments theretofore made and all improvements placed upon the Property, and to enter and repossess said Property; (c) To mitigate the District's damages occasioned by the Fire Department's default by retaking possession of the leased property and reletting same, or any portion thereof, to other lessees, and, upon that occurrence, the Fire Department shall receive a credit against the rental due by the Fire Department under this Lease Agreement in the amount of rental received by the District from reletting the leased property, or any portion thereof, to other lesseesw The Fire Department shall, however, remain obligated to the District, pursuant to the terms of this Lease Agreement, for the difference between the rental received by the District from reletting the leased property, or any portion thereof, to other lessees and the amount of rent due actually due pursuant to the terms of this Lease Agreement by the Fire Department. If the Fire Department shall fail to surrender possession of the Property to the District, upon demand by the District, the Fire Department shall be deemed guilty of an unlawful and forcible detention of said Property. If the Fire Department shall abandon or vacate the Property, or if this Lease Agreement is terminated for breach of any of the covenants and agreements herein contained, the Fire Department hereby agrees to pay all reasonable expenses incurred by the District in obtaining possession of the Property from the Fire Department, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the District may incur in putting the Property in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by the District in re-Ieasing the Property. In the event of notification of default by the District to the Fire Department and the Fire Department does in fact cure such default, then and in that event the Fire Department shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by the District in determination of the default and the notification to the defaulting lessee. LEASE - 7 ( If the District should default in the performance or obligation of any provisions of this Lease incumbent upon it, the Fire Department shall be entitled to enforce this Lease through specific performance. The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any and all other remedies permitted in law or equity~ The rights and remedies of the parties are not intended to be mutually exclusive except to such extent that they are inherently and necessarily contradictory, and it is intended that all permissible remedies and rights may be exercised concurrently or successively, or both. 25. Attorneys Fees. In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In case suit shall be brought for an unlawful detainer of the Property for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Fire Department to be kept or performed, the Fire Department shall pay to the District all costs, expenses and attorney's fees which shall be incurred by the District in enforcing the covenants and agreements of this Lease Agreement. 26. Liens and Encumbrances. The Fire Department agrees that it will not allow any liens or encumbrances of any type or kind to become established on or to stand against the Property. The Fire Department shall not allow any mechanic, materialman or labor lien to be established on or to stand against the Property and shall promptly pay for all alterations or improvements made on the Property. The Fire Department shall indemnify and defend the District from any such liens or encumbrances established during the terms of the Lease. 27. Notices. All notices required to be given to each of the parties hereto under the terms of this Lease shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: The District: Superintendent Joint School District No.2 911 Meridian Road Meridian, Idaho 83642 LEASE - 8 The Fire Department: Meridian City Clerk 33 East Idaho Meridian, ill 83642 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 28. Representations. It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Lease. 29. Leniency. If the District shall show leniency on account of any matter or thing related hereto, such leniency shall not be considered or construed to be a violation by the said parties of any term, condition or covenant hereof, and shall not prevent the District from thereafter declaring a forfeiture hereto on such matter or thing if not then made good by the defaulting party as at the time demanded by the District, nor any subsequent default thereof. 30. Recording. The parties hereto agree that they will not record a copy of this Lease, the Fire Department's occupancy of said Property being notice of its interest therein. 31. Entire Agreement. The parties agree that this Lease constitutes the entire agreement of the parties with respect to the matters covered hereby and supersedes all prior agreements. This Lease may be modified only in writing signed by both parties. Any waivers hereunder must also be in writing signed by both parties. 32. Situs. This Lease is established and accepted by the parties under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be detennined under such laws. 33. Headings. The bolded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. 34. Severability. If any portion of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. 35. Automatic Extension of Lease Term/Option to Decline Lease Extension. Unless terminated earlier as a result of the default of the Fire Department or LEASE - 9 pursuant to the terms of Section 7, above, the term of this Lease as set forth in Section 1, above, shall be automatically extended for one (1) additional ten (10) year term, provided Fire Department is not in default at the time of such renewal. The parties, either together or individually, shall have right to decline to renew the Lease for the additional ten (10) year term by providing the other party with written notice of its intention not to renew the lease term, which notice shall be served on the other party on or before September 1, 2012 in the manner as set forth in Section 27, above. If the term of this Lease is extended for the additional ten (10) year term, prior to the end of that extension, the parties agree to negotiate in good faith in an attempt to enter into a new lease agreement. 36. Binding Effect. The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 37. Representation. The attorneys for the Fire Department drafted this Lease. All parties acknowledge that they have been separately represented by legal counsel of their own and are participating in this transaction on the basis of decisions they have reached with the benefit of separate legal representation. IN WITNESS WHEREOF, the District and the Fire Department do execute this Lease the day and year first above written. DISTRlCT: FIRE DEP1)\R"r~A!"II' ,,\\\,\ 0 ;, .iD/ //// ,,"" ~ 'AlA ~ /~ $' (} Of\pO~ ~ ry ~ ~ ~G ~O ~# 2 ~ ~ _ r~ - ~ LEASE - 10 JOINT SCHOOL DISTRlCT NO.2 By: Christine Donnell, Superintendent , THE CITY OF MERIDIAN flR:E BEP.L\RT1fENT Its hrrow:. :J C'ry (p~ /1-5-03 THE IvlERIDIAN RURAL FIRE PROTECTION DISTRlCT By: Its EXHIBIT "A" [Legal description for Property to be attached here] LEASE - 11 Exhibit "A" Property Description for Meridian Fire Safe House A portion of Lot 2, Block 1 of Education Campus Subdivision, Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Southwest comer of Section 32, T.4N., R.lE., Boise Meridian; Thence along the westerly boundary of said Section, North 00031 '04" East, 1661.87 feet; Thence South 89038'40" East, 1129.35 feet; Thence North 00021 '20" East, 606.45 feet to the TRUE POINT OF BEGINNING; Thence North 29028'41" West, 252.98 feet; Thence North 39056' 57" East, 76.84 feet to a point of curvature lying on the southwesterly right-of-way ofE. Leigh Field Drive; Thence along said curve to the right 148.41 feet, having a radius of274.50 feet, tangents of76.07 feet, a delta of30050'37" and a long chord that Bears South 44057'58" East, 146.61 feet to a point of tangency; Thence continuing along said southwesterly boundary of the right-of-way ofE. Leigh Field Drive South 29028' 40" East, a distance of 287.11 feet; Thence leaving said right-of-way of E. Leigh Field Drive, South 60031 ' 12" West, 111.09 feet, to the TRUE POINT OF BEGINNING. Said parcel contains .63 acres, more or less. Z:\Work\M\Meridian\Meridian 15360M\Fire Dept\Exhibit A from John Boyd for Meridi~ Fire Dept Safe House 1029 03.doc ( EXHIBIT "B" [Preliminary site plans and drawings showing location of the Facility, driveway, parking, etc.] LEASE - 12 /1 I U) -~ r.~i Our ffi~i N&;: f ggl 8 December 31,2003 MERIDIAN CITY COUNCil MEETING APPLICANT Harris Homes, LLC AZ 03-019 January 6, 2004 ITEM NO. ~~ REQUEST Development Agreement - Request for Annexation and Zoning of 16 acres from RUT to R-8 zones for proposed Highgote Subdivision - 2700 North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNiNG DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDtAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Development Agreement ~ juf)~ Contacted: Emailed: Date: , r ? ,,~_ Staff Initials: Phone: :522 -f9''77 ~ ----., Materials presented at public m.etings shaH become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/16/04 09:38 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 51 '" /11/111I1/1111111111111111 II 1/1111 112141211215295 DEVELOPMENT AGREEMENT PARTIES: la 2. 3. City of Meridian Eagle Springs Investments, LLC, Owner Harris Homes, LLC, Developer THIS DEVELOP~NT AGREEMENT (this "Agreement"), is made and entered into this l!if:!: day of MC€rnbeJ-, 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and HARRIS HOMES, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83703, hereinafter called "DEVELOPER", and EAGLE SPRINGS INVESTMENTS, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83714, hereinafter called "OWNER". 1. REelT ALS: 1.1 WHEREAS, "Owner" and "Developer" are the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of fe-zoning that the "Owner" and "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOP1vffiNT AGREEMENT (AZ-03-0 19) PAGE 1 OF 33 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the .s--+~ day of Novenv-~ , 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the DEVELOP:tv1ENT AGREE:tv1ENT (AZ-03-019) PAGE 2 OF 33 ~-r~- ( ( Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the aboye recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires othetwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Harris Homes, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83703, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Eagle Springs Investments, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83714, the party owning and developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8, attached hereto and by this reference incorporated herein as if set forth at length. DEVELOP1v1ENT AGREE1v1ENT (AZ-03-0 19) PAGE 3 OF 33 4. USES PERMITTED BY TillS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 CD) which are herein specified as follows: Construction and development of a residential neighborhood planned development witlt a mix use of attached and detached housing, in a proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "Developer" shall develop the "Property" in accordance with the following special conditions: Annexation and Zoning: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: DEVELOPMENT AGREEMENT (AZ-03-0 19) PAGE 4 OF 33 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 1 00- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of AIJDTOval DEVELOPI\1ENT AGREEI\1ENT (AZ-03-0 19) PAGE 5 OF 33 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7 · Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call nIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. DEVELOP?vtENT AGREE?vtENT (AZ-03-0 19) PAGE 6 OF 33 ( ( 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confIrmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the a.pplicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fue- flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fue protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of flIe hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outsidew 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 90lw3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fITe department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. DEVELOP1v1ENT AGREE1v1ENT (AZ-03-019) PAGE 7 OF 33 ( D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466- 7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. DEVELOP1v1ENT AGREE1v1ENT (AZ-03-019) PAGE 8 OF 33 /' f I Preliminary Plat: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Modify the plat to show the future right-of-way as required by ACHD along Meridian Road on separate common 10t(s). 2. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development. 3 · Sanitary sewer service shall be via main line extension from the existing mains adjacent to the property. The applicant shall be required to extend sewer mains to and through the proposed developmentw 4. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete p~ans and specifications 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface 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 fmal plat by the Meridian City Engineer. 5. Correct the note on the plat regarding lots intended for attached/detached housing. (Correct information has been provided on the submitted Preliminary Plat dated 9/30/03.) 6. Submit a copy of the encroachment agreement with the Nampa & Meridian Irrigation District (NMID) with the fmal plat application. 7. The micropath lot (Lot 22, Block 3) shall be shifted west to make the proposed 10- foot path part of the open space on Lot 15, Block 3. DEVELOP1ffiNT AGREE1ffiNT (AZ-03-019) PAGE 9 OF 33 8. Fencing details shall be submitted with the Final Plat application for perimeter fencing. All fences shall taper down to 3 feet maximum within 20 feet of all right-of- way. Micropath fencing shall be shown per Ordinance 12-13-15-9. 9. A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the [mal plat application. The landscape plan shall depict all existing trees intended for removal and detail any required mitigation. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The proj ect engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. GENERAL COMMENTS (preliminary plat) 1. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fITe hydrant placement with the City of Meridian Public Warks Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fIfe hydrants. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 10 OF 33 primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. 6. Perimeter fencing shall be required, unless otherwise agreed upon in writing by the Planning Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing planned at the P&Z Commission public hearing. 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. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. S. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confIrmation of said approval submitted to the Public Works Department. 9 · Any existing domestic wells and! or septic systems within this proj ect will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 OO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. DEVELOP11ENT AGREE11ENT (AZ-03-0 19) PAGE 11 OF 33 12. Submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 - feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Cnstruct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. DEVELOP1vfENT AGREE1vfENT (AZ-03-019) PAGE 12 OF 33 f \, 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with 'all Standard Conditions of Approval. Standard Conditions of Approval 1. Existing irrigation facilities shall be relocated outside of the right-of-way. 2. Utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. DEVELOP1\ffiNT AGREE1\ffiNT (AZ-03-0 19) PAGE 13 OF 33 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative. and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confrrmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject oftrus application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a frre- flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fIre protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of flIe hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius 0[28' inside and 48' outside. 5. Operational flIe hydrants and temporary or permanent street signs are required before combustible construction begins. UFe 901.4.2 & 901.3 DEVELOP11ENT AGREE11ENT (AZ-03-019) PAGE 14 OF 33 ( 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fIre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fIre and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall fIle a Land Use Application prior to fInal platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. DEVELOPMENT AGREEMENT (AZ-03-0 19) PAGE 15 OF 33 ( ( 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the [mal plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Driv;e. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. 4. The developer shall work with Planning and Zoning to determine the correct wording for the [mal plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the [mal plat as this language is no longer applicable to these lots. 6. The notation pertaining to the fIrst/second line under (3): Lot 1, Block 2 shall be noted on the [mal plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage Issues. DEVELOPMENT AGREEMENT (AZ-03-0 19) PAGE 16 OF 33 ( 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the [mal plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. Conditional Use Permit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the fmal plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be DEVELOP1\1ENT AGREE1\1ENT (AZ-03-0 19) PAGE 17 OF 33 ( mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle: The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. DEVELOPI\1ENT AGREEI\1ENT (AZ-03-019) PAGE 18 OF 33 c 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between La 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the firial plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway DEVELOPrvrENT AGREErvrENT (AZ-03-019) PAGE 19 OF 33 ( (. District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: DEVELOP11ENT AGREE11ENT (AZ-03-019) PAGE 20 OF 33 ( 1. One and two family dwellings will require a frre- flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of400' apart. 1997 UFC Appendix ill-A 2. Acceptance o,f the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front offrre hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fITe hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fITe and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to [mal platting. All laterals and waste ways must be protected. The District's Pinch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact DOlUla Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. DEVELOPNIENT AGREENIENT (AZ-03-019) PAGE 21 OF 33 ! ..~- E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Reconunendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the [mal plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. DEVELOP11ENT AGREE11ENT (AZ-03-0 19) PAGE 22 OF 33 (- 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the rust/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage Issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the fmal plat that the Total Lots are 84, but this will bump up one if the developer ~dds another right-of-way lot. 10. Provide on the [mal plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the [mal plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and "Developer" or "Owner's" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and DEVELOPNlENT AGREENlENT (AZ-03-019) PAGE 23 OF 33 hearing procedures as outlined in IwC. 9 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, inimediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "Developer's" heirs, successors, assigns, or subsequent owners of ~ the "Property" or any other person acquiring an interest in the ~'Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPrvrENT AGREErvrENT (AZ-03-019) PAGE 24 OF 33 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer's" cost, and submit proof of such recording to "Owner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City CounciL If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party j responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPrvIENT AGREErvIENT (AZ-03-0 19) PAGE 25 OF 33 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S12-5-3, to insure that installation of the improvements, which the "Owner" and "Developer" agrees to provide, if required by the "City" . 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Harris Homes, LLC 10632 North Sagecrest Place Boise, Idaho 83703 with copy to: OWNER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Eagle Springs Investments, LLC 10632 North Sagecrest.Place Boise, Idaho 83714 DEVELOP1v1ENT AGREE1v1ENT (AZ-03-0 19) PAGE 26 OF 33 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in, accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as DEVELOPIvIENT AGREEIvIENT (AZ-03-0 19) PAGE 27 OF 33 herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-0 19) PAGE 28 OF 33 ( ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER! HARRIS HOMES, LLC: BY: Attest: By:~JLd~fJ/ OWNER! EAGLE SRPINGS INVESTMENTS, LLC: ~~ BY: Attest: By~~~~d DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 29 OF 33 CITY OF MERIDIAN BY: /' MA YOR R RT D. CO~ Attest: STATE OF IDAHO ) :ss COUNTY OF ADA ) SEAL ~ 7u i' ~ ~-- 00 '\ 0 ~ ~, "O.A O'r 1S-"{ , $ ~ /~-;..-7a ~t.,,' /.1 OU~cT'.' ,-\' I I; ~ ;:j l' , \ '\ IliJ!t/Hi~ n,"'\\\ ." .-0 A . / _ On this I 0 ' day of I.l-R...AIJl/trl 1:1J2-/r , in the year 2003, before me, the undersigned a Notary Public, personally appeared rt, ..kr -t-hvr n -:5 andl) A\) It\. e-lc-o j{. known or identified to me to be the VlI\. e 1,oV\--b-r- and ~~ of HARRlS HOMES, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said HARRIS HOMES, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,.~v~~Je~~ Notary Public for Idaho Residing at: <6<..1;~ I l b Commission expires: -/ / ~ II otf r DEVELOPMENT AGREEMENT (AZ-03-0 19) PAGE 30 OF 33 (' STATE OF IDAHO ) :ss COUNTY OF ADA ) -, ( On this I ~ .t?:z day of ~c.k! ~ , in the year 2003, before me, the undersigned a Notary Public, personally appeared belv' :-c\. ~ \t:.o:; and known or identified to me to be the (~~ and of EAGLE SPRINGS INVESTMENTS, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said EAGLE SPRINGS INVESTMENTS, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,........,., ~~ :q.J\. L. G~IJ ~ "," ~ .......... ~ ~~ , ~ .."'1~ ~ i ~ ~OTA~r \~ \ . . . (SEAL) ! * . ....... c : * s Notary Public for Idaho i \ J>r.rB L \ l i Residing at: ~-D ';S(I \ I b '\ (j)~... ..- 0 $ / / ~# -1 '}....v..'O"... "'-~ ....:' Commission expires: ., I:L I. D i ~#., -t~:: .. l\) P' ...... 1'#.. ,,,~ STATE OF IDAHO )4;', ~1;" :ss County of Ada ) On this ,s+~ day of DE!ce.Mb~r , in the year 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate frrst above written. ....., ........... ......- L " ~"~~C-e, · ad,: ~.~ , .... r.t'~ ~ Ii ....' ... .J4... ~ ... ,. e...,.,.. ". i ~OTAJt~ \ \ ! * ....,.~ * : . . " ~l1B\.. \(, i ~fP. ~ ~ "" ___ AO ~ ~~ <tf~""'" ~~ " DEVELOPMENi~~~t)\Z-03-019) .......,.. PAGE 31 OF 33 (SEAL) ~~. NO~/ P blic for Idaho Re d. at: Yi'J,(tl/\. Co · ssion expires: Ol{ ~o ,. ( EXIllBIT A Leeal Description Of Property A parcel of land located in Government Lots 4 and 5 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the 'l4 comer common to Section 1 of T.3N., R.IW., and the said Section 6 bears South 00017'16" West, 2658.29 feet; thence South 00017'16" West, 1329.19 feet to the southwest corner of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89043 '38" East, 411.39 feet to a point in the remnants of an old fann ditch; thence along said ditch North 1013 '23" West, 307.00 feet to a point in the center of the Onweiler Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68019'06" East, 48.68 feet; South 85039'01" East, 72.50 feet; North 88007'00" East, 67.45 feet; North 80027'34" East, 80.49 feet; North 63005'39" East, 54.14 feet; North 44005' 12" East, 70.58 feet; North 32055' 12" East, 131.51 feet; North 44042' 12" East, 53.40 feet; North 51 002' 12" East, 216.80 feet; North 83013'00" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00019'02" West, 661.67 feet to the southwest comer of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89043 '38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35030' 12" West, 258.83 feet; thence South 53044'51" West, 493.59 feet; thence departing said ditch South 89043'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Government lot 5; thence along said centerline and said West line North 00017' 16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. DEVELOP1ffiNT AGREE1\1ENT (AZ-03-019) PAGE 32 OF 33 (- EXHIBIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval z:\ W ork\M\M:eridian\M:eridian 15360M\Highgate Sub. AZ~03-O 19 PP-03-023 CUP-03-Q39\DevelopAgr.doc DEVELOP1vIENT AGREE1vIENT (AZ-03-019) PAGE 33 OF 33 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-14-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 16.00 ACRES TO ) R-8 ZONE, FOR PROPOSED ) IDGHGATE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMA TEL Y y.j MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) APPLICANT ) Case No. AZ-03-019 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 October 14, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and AsWey Ford, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Pact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~g 67-6509 and 67-6511, and Meridian City Code ~g 11-15-5 and 11-16-1. 2. The 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG HIGH GATE SUBDMSION (AZ-03-019) PAGE 1 OF 18 ( . and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subj ect of the application for annexation and zoning is described in the application, is approximately 16.00 acres in size, and is located on the east side of Meridian Road, approximately y,; mile south of Us tick Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defmed in the Meridian Comprehensive Plan. 4. The parcel ofland is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Eagle Springs Investments, LLC. The applicant is Harris Homes, LLC. 6. The property is presently zoned RUT (Ada County) and consists of agricultural land and rural residences. 7. The Applicant requests the property be zoned as R -8 (Medium Density Residential) . 8. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with a mix use of attached and detached housing. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDMSION (AZ-03-019) PAGE 2 OF 18 consideration of this application. 11. Giving due consideration to the comments 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: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape inigation. 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IDGHGATE SUBDMSION (AZ-03-019) PAGE 3 OF 18 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD \VILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21- foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of ApprovaL Standard Conditions of A lJprova I 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING .A.PPLICATION FOR ANNEXATION AND ZONWG IDGHGATE SUBDIVISION (AZ-03-0 19) PAGE 4 OF 18 ( ( 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 5 OF 18 ( 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Pinch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466- 7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the N ampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG lliGHGATE SUBDMSION (AZ-03-019) PAGE 6 OF 18 ( F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathvvay to recommended pathvvay standards. 12. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land to be "Medium Density Residential". The Medium Density Residential designation allows for R-4 and R -8 zoning. All surrounding annexed properties on the east side of Meridian Road are also zoned R-8. 14. It is not anticipated that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property in the future. 15. It is found that the property will be developed in a manner that does not match the standard requirements for the R-8 zone. However, the zoning request is accompanied by a planned development request to allow reduced development standards including reduced lot sizes, reduced frontage requirements, reduced setbacks, and reduced minimum house size and to exceed block length requirements. Ifthe planned development is approved, the area will be developed consistent to the revised standards. 16. It is found that the surrounding area is developing with single-family residential projects. Most of the land surrounding the subject property that has been annexed is zoned R-8. Other surrounding properties are still in Ada County and are zoned RUT and Rl. The density of the proposed project is higher than some of the adjacent subdivisions, which were developed under the R -8 standards without modification. It is very similar to the density and type of development found FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 7 OF 18 (n in the adjacent Silhouette Subdivision, which was recently approved and should have construction beginning soon. 17. It is found that the proposed uses (single family and single family attached residential) match the intended character of the vicinity, as noted on the Future Land Use Map. It is also found that the proposed residential structures can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. The approval of Silhouette Subdivision to the northwest of the subject property altered the essential character of the area to include smaller lots and attached units. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and their conditions are listed in number 11 above. The ACHD Commission acted on the application at their August 6, 2003 meeting, and their conditions are listed in number 11 above. Water and sanitary sewer service to the project will be readily available from Meridian Road. 20. If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed residential uses will not be detrimental to the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IDGHGATE SUBDMSION (AZ-03-019) PAGE 8 OF 18 property values if the quality of products constructed match the elevations submitted with the accompanying CUP application. It is also found that the proposed use will create additional traffic on adjacent arterial roads. The ACHD report estimates that the proposed development will generate 720 additional vehicle trips per day. It is not anticipated the proposed use will create excessive noise, smoke, fumes, glare, or odors. 22. Ordinance 12-4-2.E.l states that "streets shall intersect at ninety degrees (900) or as closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (700). It is found that the revised plat dated August 11, 2003 has modified the intersection of Claire Street with Meridian Road to be nearly 900; the prior version was 780. ACHD has approved the new intersection angle. It is found that the applicant has connected to the existing stub street in Bedford Place Subdivision (Baldwin Street) and the approved stub location in Silhouette Subdivision (Richter Avenue). It is further found that no stub should be required in alignment with Hawk Street, as it would require a bridge over the South Slough and an unreasonable cost for the scale of the proposed development. 23. It is found that the site has several existing mature trees surrounding the existing homes, which are not depicted on the landscape plan. The site plan accommodates the existing trees located along the South Slough, but does not accommodate any of the trees internal to the site. The trees appear to be a mix of willow, oak: and other species that may be considered a natural feature of major importance, although some trees do contain some dead wood in them. The applicant should coordinate with the City Arborist, Elroy Huff, at the Parks Department for a determination of any FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IDGHGATE SUBDIVISION (AZ-03-0 19) PAGE 9 OF 18 hazard trees that may be removed without mitigation per Ordinance 12-13-13-6. Any trees removed without such a determination must be mitigated for per the same ordinance. 24. It is found that the annexation of this infill property would be in the best interest of the City. 25. 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. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the, existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG IDGHGATE SUBDMSION (AZ-03-019) PAGE 10 OF 18 Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted AugUst 6, 2002, Resolution No. 02-382. 4. The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance at g I 1-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 5. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 6. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINQ HIGHGATE SUBDIVISION (AZ-03-0 19) PAGE 11 OF 18 ( ( Subdivision and Development Ordinance of the City of Meridian. 7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 16.00 acres in size to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 16.00 acres in size. 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 shall be required to meet the conditions set forth and in the event the conditions herein 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: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows:' 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domestic purposes such as landscape irrigationa FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-0 19) PAGE 12 OF 18 ('" i, (' 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125- foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21- foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the [mal plat. 11. Comply with all Standard Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG HIGH GATE SUBDIVISION (AZ-03-019) PAGE 13 OF 18 Standard Conditions of Avvroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details~ 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details~ 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy~ 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right -of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTWG APPLICATION FOR ANNEXATION AND ZONING IDGHGATE SUBDNISION (AZ-03-019) PAGE 14 OF 18 the applicant to obtain written confIrmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fIre-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fIre protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall fIle a Land Use Application prior to [mal platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONWG IDGHGATE SUBDIVISION (AZ-03-019) PAGE 15 OF 18 site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation Distri ct. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. 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 -8) Medium Density Residential District, Meridian City Code ~ 11-7-2. 5. Subsequent to the passage 0 f the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-019) PAGE 16 OF 18 with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ;JOf/etrn-~ By action of the City Council at its regular meeting held on the 5 -1!3- day of , 2003. ROLLCALL COUNCILMAN KEITH BIRD VOTED~U COUNCILWOMAN TAMMY deWEERD VOTED~L COUNCILWOMAN CHERIE Me CANDLESS VOTED ~ COUNCILMAN WILLIAM L.M. NARY VOTED~'- FlNDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IDGHGATE SUBDIVISION (AZ-03-0 19) PAGE 17 OF 18 ( MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1/-5-03 VOTED -.---.. MOTION: APPROVED: >< DISAPPROVED: Attest: t<<r~.1. ~I d~ jd~ I jJre r/w-7,-,f- {i ~ t:p#rt ~ \\\ - In'~ /t, ,\\ '....t or P';";::;:,j //,''':j, 1/// "....' A,"' '-"'~--. -"It ~:"~l 04 ~:~ " (} ~d~..OR..............~;? r 2" c,rJ"'" 14':~ }":v-. ~ :::: ~')..CI '0 .0;. f ~- ~ - BEilL - ~ &::: ~ &Q "c~ O~ ~"'.o 'Usr 151 ' ~ $ ~ ~ \.<:' 't(... "," /..... Co .....1 \V .....' ';-1// um \. \\" Copy served upon Applicant, the Planning a:IT€hZ.pm~ J;}epartment, Public Works Department and the City Attorney. \\\\lIllll1:1t'J,. \\\\ It':: t\ :"l::t-;. '/i/~ ,\\ _I OI n- "~~--.f l~ .~-.." .. //, " J", ':t.:" r/....~ .,.1.... ,,' ~ --~.'" j,} .....".. ./ (j .{"pt'PcP0s4 ~:. ...~.. % f ~ b ~ 7- S-rtJ3 = SEAL = ~ -y: & ~ ~u ~C6 0 ::: ~ .yo rsr 1S\ ' ~.f 'l ~ ,,-<"l. ~ "..... /", Ora ,...-r " Z:\ W ork\M\Meridian\Meridian 15360MJIighgate Sub. AZ-03-O 19 PP-03-023 CUP-03-03 9\AZFfC1&OM~(t"olYUNT'f. \\1'.\ IJll!f~.'q, ?t~-\\'\\ 1 I J ...: 1 ~ 'II ~ By: J/d4~A~~ted: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN"G HIGH GATE SUBDIVISION (AZ-03-019) PAGE 18 OF 18 (- 1;"- ,..', \J S 1"- ; ..J BEFORE THE MERIDIAN CITY COUNCIL C/C 10-14-03 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 16.00 ACRES TO ) R-8 ZONE, FOR PROPOSED ) HIGHGATE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMATELY ~ MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) APPLICANT ) Case No. AZ-03-019 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 October 14, 2003, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Ashley Ford, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~ ~ 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-0 19) PAGE 1 OF 18 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 16.00 acres in size, and is located on the east side of Meridian Road, approximately 'l4 mile south of Us tick Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Eagle Springs Investments, LLC. The applicant is Harris Homes, LLC. 6. The property is presently zoned RUT (Ada County) and consists of agricultural land and rural residences. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential) . 8. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with a mix use of attached and detached housing. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. There are no significant or scenic features of major importance that affect the FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 2 OF 18 t - ( consideration of this application. 11. Giving due consideration to the comments 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: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non- domestic purposes such as landscape irrigation. 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 1 DO-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IllGHGATE SUBDIVISION (AZ-03-019) PAGE 3 OF 18 ( [' 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the [mal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of A vprova I 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-019) PAGE 4 OF 18 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-0 19) PAGE 5 OF 18 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fIre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fIre and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Reconunendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466- 7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Reconunendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 6 OF 18 , - ( F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to reconunended pathway standards. 12. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land to be "Medium Density Residential". The Medium Density Residential designation allows for R-4 and R-8 zoning. All surrounding annexed properties on the east side of Meridian Road are also zoned R-8. 14. It is not anticipated that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property in the future. 15. It is found that the property will be developed in a manner that does not match the standard requirements for the R-8 zone. However, the zoning request is accompanied by a planned development request to allow reduced development standards including reduced lot sizes, reduced frontage requirements, reduced setbacks, and reduced minimum house size and to exceed block length requirements. If the planned development is approved, the area will be developed consistent to the revised standards. 16. It is found that the surrounding area is developing with single-family residential projects. Most of the land surrounding the subject property that has been alU1exed is zoned R-8. Other surrounding properties are still in Ada County and are zoned RUT and Rl. The density of the proposed project is higher than some of the adjacent subdivisions, which were developed under the R -8 standards without modification. It is very similar to the density and type of development found FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 7 OF 18 ( in the adjacent Silhouette Subdivision, which was recently approved and should have construction beginning soon. 17. It is found that the proposed uses (single family and single family attached residential) match the intended character of the vicinity, as noted on the Future Land Use Map. It is also found that the proposed residential structures can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. The approval of Silhouette Subdivision to the northwest of the subject property altered the essential character of the area to include smaller lots and attached units. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and their conditions are listed in number 11 above. The ACHD Commission acted on the application at their August 6, 2003 meeting, and their conditions are listed in number 11 above. Water and sanitary sewer service to the project will be readily available from Meridian Road. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed residential uses will not be detrimental to the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-0 19) PAGE 8 OF 18 property values if the quality of products constructed match the elevations submitted with the accompanying CUP application. It is also found that the proposed use will create additional traffic on adjacent arterial roads. The ACHD report estimates that the proposed development will generate 720 additional vehicle trips per day. It is not anticipated the proposed use will create excessive noise, smoke, fumes, glare, or odors. 22. Ordinance 12-4-2.E.l states that "streets shall intersect at ninety degrees (900) or as closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (700). It is found that the revised plat dated August 11, 2003 has modified the intersection of Claire Street with Meridian Road to be nearly 900; the prior version was 780. ACHD has approved the new intersection angle. It is found that the applicant has connected to the existing stub street in Bedford Place Subdivision (Baldwin Street) and the approved stub location in Silhouette Subdivision (Richter Avenue). It is further found that no stub should be required in alignment with Hawk Street, as it would require a bridge over the South Slough and an unreasonable cost for the scale of the proposed development. 23. It is found that the site has several existing mature trees surrounding the existing homes, which are not depicted on the landscape plan. The site plan accommodates the existing trees located along the South Slough, but does not accommodate any of the trees internal to the site. The trees appear to be a mix of willow, oak and other species that may be considered a natural feature of major importance, although some trees do contain some dead wood in them. The applicant should coordinate with the City Arborist, Elroy Huff, at the Parks Department for a determination of any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING IllGHGATE SUBDIVISION (AZ-03-019) PAGE 9 OF 18 hazard trees that may be removed without mitigation per Ordinance 12-13-13-6. Any trees removed without such a determination must be mitigated for per the same ordinance. 24. It is found that the annexation of this infill property would be in the best interest of the City. 25. 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. 11, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a ma1lller 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 10 OF 18 Meridian City Code ~ 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance at 9 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 5. 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). 6. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-0 19) PAGE 11 OF 18 Subdivision and Development Ordinance of the City of Meridian. 7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 16.00 acres in size to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 16.00 acres in size. 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 shall be required to meet the conditions set forth and in the event the conditions herein 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: A. Adopt the Comments and Recommendations of the Meridian Plalll1ing & Zoning Department as follows:" 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non- domestic purposes such as landscape inigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-019) PAGE 12 OF 18 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING mGHGATE SUBDIVISION (AZ-03-0 19) PAGE 13 OF 18 Standard Conditions of Aporoval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING mGHGATE SUBDIVISION (AZ-03-0 19) PAGE 14 OF 18 ( the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fIre hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING mGHGATE SUBDIVISION (AZ-03-0 19) PAGE 15 OF 18 site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. 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-8) Medium Density Residential District, Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGH GATE SUBDIVISION (AZ-03-0 19) PAGE 16 OF 18 with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order 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 ;Jove/'n,~ 5-1!l day of , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED2aJ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ COUNCILMAN WILLIAM L.M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING lllGHGATE SUBDIVISION (AZ-03-0 19) PAGE 17 OF 18 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //- f)- 03 VOTED ~ MOTION: APPROVED: >< DISAPPROVED: ~~hf.' ~/. dett/~ l;Jre1/~f-C/ly CPl1-rt~ \\\ C 2.liT- II; '\"....1 0, rl,;~t.::J //)1 11// " .;(, """"fd'fl /..... .....' \.' . -1/1 "/ ~"O Ofl..POR~ h-.. " y ~ ::: ~C; '"'0 ~ 2 ~ S - - - - = SEAL :: ~ & ~ -..' vQu "c, 0 ~ ~ "'0 '8r 151 · ~.2 'l ~ ^~ ,..... // - 1 a \'\.1 " //111 OUNT'=(. \\", Copy served upon Applicant, the Planning al'id148fH~tDepartment, Public Works Department and the City Attorney. \\\\\,\\\~lll~IIII/1 "\'~l Of n:1E/Tl/) 111// ", ~, ~~#'j::A' /,....... ~' a POFlLJ ....." 1(1"1; /~ .$' (jot'( 'V1~, ~ g ~ 0 ~ i- S--rt73 ~ SEAL ~ ~"7. OJ "'" ~u ",Q; 0:: ~ .yA rer 1S\ · ~ ~ 'l v b-.. ~ ~ ";,<J ,<, '\. " /,; 01'"\ '\V " Z:\Work\M\Meridian\Meridian 15360MHighgate Sub. AZ-03-019 PP-03-023 CUP-03-039\AZFfCl&Ofd~oo(yUNT'{ 1 \\\,..... 111/fU!l!li01\\\\\ Attest: By:dI;t4~~~pated: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-0 19) PAGE 18 OF 18 (< ( J J-. 'i[vl r , " '-.) BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/14/03 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FORHIGHGATE ) SUBDIVISION FOR A PLANNED ) DEVELOPMENT CONSISTING OF ) 74 BUILDING LOTS AND 10 ) OTHER LOTS ON 15.68 ACRES IN ) PROPOSED R-8 ZONE, LOCATED ) ON THE EAST SIDE OF MERIDIAN ) ROAD, APPROXIMATELY ~ MILE ) SOUTH OF US TICK ROAD, ) MERIDIAN, IDAHO ) ) BY: HARRIS HOMES, LLC, ) APPLICANT ) ) Case No. PP-03-023 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 October 14,2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Ashley Ford, appeared and testified, and the City Council having received a report from Steve Siddoway PlalU1er II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, 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 "HIGHGATE SUBDIVISION, PRELIMINARY PLAT, LOCATED IN THE SW ~ OF THE NW~, SECTION 6, T.3N., R.IE., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT mGHGATE SUBDIVISION / (pP-03-023) PAGE 1 OF 14 ( B.M., MERIDIAN, IDAHO, JUNE 2003, JOB NO. 03-016, SHEET NO.1, HANDWRITTEN DATE: 9/30/03, STAMPED DATE: SEP 302003, STAMPED: RECEIVED OCT 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, S:\STD\TB.DWG 11-21-00, DAVID ELCOX, PETER HARRIS - EAGLE SPRINGS INVESTMENTS, LLC - OWNER, ASHLEY FORD - PLANNER - CONTACT, HUBBLE ENGINEERING, INC. - ENGINEERING - PLANNING", Harris Homes, LLC, Developer, 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 ~ 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELWINARY PLAT mGHGATE SUBDIVISION / (pP-03-023) PAGE 2 OF 14 ( forth as conditions of preliminary plat approval. The developer shall be installing sewer, water, local street infrastructure, utilities and irrigation. 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 Engineering Technician III, 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. The developer shall be installing sewer, water, local street infrastructure, utilities and irrigation. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's 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: "HIGHGATE SUBDIVISION, PRELIMINARY PLAT, LOCATED IN THE SW ~ OF THE NW 'i4, SECTION 6, T.3N., R.IE., B.M., MERIDIAN, IDAHO, JUNE 2003, JOB NO. 03-016, SHEET NO.1, HANDWRITTEN DATE: 9/30/03, STAMPED DATE: SEP 302003, STAMPED: RECEIVED OCT 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, S:\STD\TB.DWG 11-21-00, DAVID ELCOX, PETER HARRIS- EAGLE SPRINGS INVESTMENTS, LLC - OWNER, ASHLEY FORD - PLANNER - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT IDGHGATE SUBDIVISION / (pP-03-023) PAGE 3 OF 14 CONTACT, HUBBLE ENGINEERING, INC. - ENGINEERING - PLANNING". The applicant's preliminary plat approval request is for 74 residential lots and 10 other lots on 15.68 acres. The other lots include common open space, street buffers, micropaths, and storm water lots. The proposed residential gross density of the subdivision as stated in the application is 4.63 dwelling units per acre; net density is 8.08 dwelling units per acre. Proposed lot sizes range from 4,050 s.f. to 8,936 s.f. The proposed subdivision is separated into two distinct areas. The section closest to Meridian Road is proposed for single-family attached dwellings, with lot sizes ranging generally between 4,000 s.f. to 4,500 s.f. The section around the central loop road is proposed for single-family detached dwellings, with lot sizes generally around 5,000 s.f. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "HIGHGA TE SUBDNISION, PRELIMINARY PLAT, LOCATED IN THE SW ~ OF THE NW ~, SECTION 6, T.3N., R.IE., B.M., MERIDIAN, IDAHO, JUNE 2003, JOB NO. 03-016, SHEET NO.1, HANDWRITTEN DATE: 9/30/03, STAMPED DATE: SEP 302003, STAMPED: RECENED OCT 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE, S:\STD\TB.DWG 11-21-00, DAVID ELCOX, PETER HARRIS - EAGLE SPRINGS INVESTMENTS, LLC- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT mGHGATE SUBDMSION / (pP-03-023) PAGE 4 OF 14 ('-- OWNER, ASHLEY FORD - PLANNER - CONTACT, HUBBLE ENGINEERING, INC.- ENGINEERING - PLANNING", Harris Homes, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Modify the plat to show the future right-of-way as required by ACHD along Meridian Road on separate common lot(s). 2. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development. 3. Sanitary sewer service shall be via main line extension from the existing mains adjacent to the property. The applicant shall be required to extend sewer mains to and through the proposed development. 4. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications 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. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface 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 fmal plat by the Meridian City Engineer. 5. Correct the note on the plat regarding lots intended for attached/detached housing. (Correct information has been provided on the submitted Preliminary Plat dated 9/30/03.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT HIGH GATE SUBDIVISION / (pP-03-023) PAGE 5 OF 14 ( 6. Submit a copy of the encroachment agreement with the Nampa & Meridian Irrigation District (NMID) with the final plat application. 7. The micropath lot (Lot 22, Block 3) shall be shifted west to make the proposed 10- foot path part of the open space on Lot 15, Block 3. 8. Fencing details shall be submitted with the Final Plat application for perimeter fencing. All fences shall taper down to 3 feet maximum within 20 feet of all right- of-way. Micropath fencing shall be shown per Ordinance 12-13-15-9. 9. A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. The landscape plan shall depict all existing trees intended for removal and detail any required mitigation. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The proj ect engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. GENERAL COMMENTS (preliminary plat) 1. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HIGHGATE SUBDIVISION / (pP-03-023) PAGE 6 OF 14 ( shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. 6. Perimeter fencing shall be required, unless otherwise agreed upon in writing by the Planning Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing planned at the P&Z Commission public hearing. 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. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed gro~nd cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 OO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HIGHGATE SUBDIVISION I (pP-03-023) PAGE 7 OF 14 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of3 - feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELTh1INARY PLAT HIGHGATE SUBDIVISION / (pP-03-023) PAGE 8 OF 14 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the [mal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELllVIINARY PLAT HIGH GATE SUBDIVISION / (pP-03-023) PAGE 9 OF 14 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIrvfINARY PLAT mGHGATE SUBDIVISION / (pP-03-023) PAGE 10 OF 14 ,- - 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fue and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation of N amp a & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroaclunent without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466- 7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIJvIINARY PLAT HIGHGATE SUBDIVISION / (pP-03-023) PAGE 11 OF 14 ( 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14,2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. 4. The developer shall work with PlalU1ing and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage Issues. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HIGHGATE SUBDIVISION I (pP-03-023) PAGE 12 OF 14 ( 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELllv1INARY PLAT HIGHGATE SUBDIVISION / (pP-03-023) PAGE 13 OF 14 day of Code. ;0.- By action of the City Council at its regular meeting held on the Ol/~Ph/;;ef- ,2003. 5cl ROLL CALL COUNCILMAN BIRD VOTED ~A--- COUNCILWOMAN deWEERD VOTED~ VOTED~ VOTED~ COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -- Attest: UeweeuC-/fJreJ/~ - '\ C/7 {!IlU/l~ c ~~.~ "7. SEAL oJ W.ll" G B J C. I k ~ ~ ,Cb 0 ~ I lam · erg, r., Ity er ~'-'6 Us! 1S\ . ~ ~ ~ ~ ^ ~ ,,' \ , \ \ \ \ II r I t 1/ II J //~ c. \v ,-'. \\\\ f ME JI,/ Copy served upon Applicant, The Plannitig/~n~~~~~g\Department, Public ~~~ 0 "R/!)4///"/-/ Department and City Attorney. ' . " ,,' $ () cP't\POft.t r<s 1,; ~ f ~ 0 \ Dated: //--- S-C3 ~ ~ ... By:~~~~r City Clerk z:\ Work\M\Meridian\Meridian 15360M\Highgate Sub. AZ-03-0 19 PP-03-023 CUP-03-039\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELllv1INARY PLAT HIGH GATE SUBDIVISION / (pP-03-023) PAGE 14 OF 14 ( ( \J L. ~~_:\ C. --' :-r-~ ;2) I~~': BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/14/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 74 SINGLE ) FAMIL Y RESIDENTIAL PLANNED ) DEVELOPMENT WITH A MIX OF ) ATTACHED AND DETACHED ) HOUSING ON 15.68 ACRES IN A ) PROPOSED R-8 ZONE FOR ) HIGHGA TE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMATEL Y ~ MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) APPLICANT ) ) Case No. CUP-03-039 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 October 14, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Ashley Ford, appeared and testified, 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 duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 J- ( Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 14, 2003, 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 duly considered by the City Council at the October 14, 2003, public hearings; 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 Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT (Ada County) zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council.on this application. 4. The property is located on the east side of Meridian Road, approximately ~ mile FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\flT PAGE 2 OF 22 south of U stick Road, Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Eagle Springs Investments, LLC. 6. Applicant is Harris Homes, LLC. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning districts ofR-8 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 a Planned Development consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate Subdivision. The R-8 zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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. 12. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 r \, 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, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter A venue/Southgate Avenue offset of approximately 1 00- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21- foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGES OF 22 ,. !\ 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE60F22 ," ( 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. ~ll roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 ( {, 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 13. It is found that the subj ect property is large enough to accommodate the requested use and all other required features. There is concern about whether the proposed homes would actually fit on the proposed lots. However, the applicant has provided sample lot layouts that show how the houses would fit on a couple of detached lots of different shapes and also on a pair of attached lots. Therefore, it appears the residential lots are of adequate size and shape to accommodate the proposed homes provided that the reduced setbacks are approved. 14. The current Comprehensive Plan Land Use Map designates the property as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 ( 1, Medium Density Residential. The proposed mix of attached and detached residential units can comply with the Comprehensive Plan by means of approval as a Planned Development if the requested standards are granted. It is found that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 15. It is found that the design concept to be compatible with the intended character of the area. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 17. Pertaining to the service of public facilities adequately, please see under staff comments under Annexation and Zoning Analysis (G). 18. Pertaining to the creation of excessive additional requirements at public cost for public facilities and services, please see under staff comments under Annexation and Zoning Analysis (H). 19. Pertaining to activities, processes, materials, equipment, and conditions of operation that would be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, please see under staff comments under Annexation and Zoning Analysis (I). 20. Pertaining to the vehicular approaches to the property which would be designed as not to create an interference with traffic on surrounding public streets, please see under staff comments under Annexation and Zoning (J). 21. Pertaining to results of destruction, loss or damage of a natural, scenic or historic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVllT PAGE 10 OF 22 ( feature considered to be of major importance, please see under staff comments under Annexation and Zoning Analysis (K). 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 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use 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 ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 ( c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), 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 ~ 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 Commi~sion 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." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF22 ( 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; 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 Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERl\fiT PAGE 13 OF 22 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a PlalU1ed Development consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate Subdivision, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387- 6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right -of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the plalU1ed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Pinal Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Inigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroaclunent without a signed License Agreement and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 ( approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact DOlU1a Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the N amp a & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shalrbe pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 ( 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-1 7-9. 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 Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 /- \, Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 ( NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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 /VtJvem (;,tv , 2003. 5-1& day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Me CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~~ ---- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /1---S-03 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL' USE PERMIT PAGE 21 OF 22 MOTION: . APPROVED:---A- DISAPPROVED: Attest: de tt/ efA-ti fl f1C' JI 'l:t et-vl- I --. ?fly &>t#z~ & - ..,. ,Qi 0 .::- ~."o USr 15\ · ~ ~ ........ ~ ~ " //;" CO, ,( ~ ",...... I11I t.1I\fT \. ",\ l'It.. >\\,' "IiiU)! \\\\\\. Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\\ 1111 Jill/II \\\\ - e. :;;t- /11 ,\\ -f Or t~';~RI.~~~ 1/1/ " ..(, <_~I ~ // " ","\ ~.~ f1. ......... ....' 0..... aPOt?A '~y ~ ..... Op~. l'1 /"' " .2 _'\.0 I.''.A ~ ,~ v ~ - ~ = : .... ...... BJA~P~~ City Clerk Dated: /1~~---&3 SEAL z:\ Work\M\Meridian\Meridian 15360M\Highgate Sub. AZ-03-0 19 PP-03-023 CUP-03--039\FfClsCUP03-039.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/14/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR 74 SINGLE ) FAMIL Y RESIDENTIAL PLANNED ) DEVELOPMENT WITH A MIX OF ) ATTACHED AND DETACHED ) HOUSING ON 15.68 ACRES IN A ) PROPOSED R-8 ZONE FOR ) HIGHGATE SUBDIVISION, ) LOCATED ON THE EAST SIDE OF ) MERIDIAN ROAD, ) APPROXIMATELY ~MILE ) SOUTH OF USTICK ROAD, ) MERIDIAN, IDAHO ) ) HARRIS HOMES, LLC, ) ) APPLICAJNT ) ) Case No. CDP-03-039 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on October 14, 2003, under the provisions of Meridian City Code 9 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 takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of74 building lots and 10 other lots, on 15.68 acres in a proposed R-8 zone for Highgate Subdivision located on the east side of Meridian Road, approximately ~ mile south of Us tick Road, Meridian, Idaho, subject to the following conditions of use and ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE 1 OF 9 ( development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to tile the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. 3. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the final plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4" caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees may be removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all existing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. 7. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, are approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for garages shall be at least 20 feet. 8. The following amenities are required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE20F9 ( 10. Applicant has submitted a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Conunission on this application. B. Adopt the Reconunendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100- feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE 3 OF9 ( ( Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE40F9 ( the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE50F9 site, the N amp a & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the [mal plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of-way on Lot 1, Block 2 shall break at Claire Drive. The area south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. ORDER CONDITIONAL USE PERl\flT (CUP-03-039) PAGE60F9 ( ( 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of-way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE 7 OF 9 ( NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURA TION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE80F9 ( request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. By action of the City Council at its regular meeting held on the No(/em~ 5t!: day of , 2003. Attest: William G. Berg, Jr., Ci SEAL '7 &_ ,,</Q ,Q) 0.2 \ 7'6 uSr 1Si ' :t;: -'/..../ "'1 ~ "" /1/1/ COI ntJT"'{' \\" III - '--... , , \ \ , !.':/j~;ll \:\~\\' Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:J!~~~~;fL City Clerk Dated: 11- ~,-tJ3 z:\ Work\M\Meridian\Meridian 15360Millighgate Sub. AZ-03-O 19 PP-03-023 CUP-03-039\OrderCUP .doc ORDER CONDITIONAL USE PERMIT (CUP-03-039) PAGE 9 OF 9 (- \ \ \' " /' t: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11/14/03 12:08 PM DEPUTY Kathy Ingraham RECORDED - REQUEST OF City of Meridian AMOUNT .00 4 III 1111111I11111111111111111111111111 103192357 NONDEVELOPMENT AGREEMENT This Agreement, made and entered into this /6!t _ day of Octl::>foz:r, 2003, by and between HOWELL- MURDOCH DEVELOPMENT CORPORATION, whose addresse is 4822 N. Rosepoint, Suite C, Boise, Idaho 82713, and hereinafter referred to as "OWNERlDEVELOPER", and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, OWNERlDEVELOPER is currently the Owner of all real property and subdivision lots contained in Cedar Springs North Subdivision, Ada County, Idaho recorded as Instrument No. / tJ 3/ q 2- '35"6 , records of Ada County, Idaho; and, t WHEREAS, OWNERlDEVELOPER desire now to withhold development of Lot 18, Block 13, which is the area designated for a future single-family attached project- until an appropriate application is approved for the project in said Cedar Springs North Subdivision (hereinafter referred to as "UNDEVELOPED LOTS"); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: OWNERlDEVELOPER, hereby agrees that no improvements will be installed in said Cedar Springs North Subdivision on Lot 18, Block 13, which is the area designated for a future single-family attached proj ect, until an appropriate application is approved for the project as required by the CITY, without the prior written permission of the CITY. If OWNERlDEVELOPER desire to install any of the said improvements for said lots, then OWNERlDEVEOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit, cash deposit, or Surety Agreement in amounts sufficient to secure the full and adequate performance of OWNERlDEVELOPER, upon such stated improvements and detailed construction plans, if the OWNERlDEVELOPER desire to sell lots prior to completion of the required improvements. Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 1 ( OWNERlDEVELOPER herein agree that when owner and developer do desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. OWNERlDEVELOPER further agree not to sell the above referenced lot in said Cedar Springs North Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit or Surety Agreement has been issued and delivered to the City, or until the required improvements of said Cedar Springs North Subdivision are completed in accordance with then current City Standards and Specifications. OWNERlDEVELOPER acknowledge that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. OWNERlDEVELOPER agree to pay the recording costs. At such time as this Agreement terminates, the CITY aggress to release OWNERlDEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release and it is agreed OWNERlDEVELOPER shall pay the recording cost. OWNERlDEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lot in said Cedar Springs North Subdivision will be as though plats thereof had not been filed. This Agreement is not intended and does not affect CITY requirements heretofore complied with by the OWNERlDEVELOPER and obtained by said OWNERlDEVELOPER, except as expressly agreed to and contained in this Agreement. This Agreement shall terminate on the lo-th day of DL to ~ 2i)()l.p . When this Agreement terminates the OWNERlDEVELOPER shall have one year to complete development: if developer is not completed on the rot'-\. day of Dc-to~ , 200'7 , approval of the UNDEVELOPED lot portion of the plat shall be null and void and any further development of the property shall require additional approval; if the OWNERlDEVELOPER do not complete development on or before the above date, CITY shall record a statement that approval of the plat for the Cedar Springs North Subdivision is null and void and that approval for the UNDEVELOPED lot portion of the subdivision has been voided and OWNERlDEVELOPER shall pay the cost of recording. This Agreement shall be mutual to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 2 ( IN WITNESS WHEREOF, t:p.~ OWNERlDEVELOPER has executed this Agreement at Meridian, Idaho, the Jl:ytkJ day of ~ , 2003. OWNERlDEVELOPER ~c ~ //0A/ ATTEST: q'\ \ I 111I//!I', \\\\~ Of r~cF~.;,,", '1/1/ ...~ '\ t',,"\... : ," /,- '-,...... ~ .---.., .~"1,,~. ~..... .... 0' OQf;) " ~h" ~ ~ '" 0-:;"\' fA ?-. '" · e,.. ...~ 2 ~G · I ~o ~ ~ :: '" ~ - - - - - ~ - - - - STATE OF IDAHO, ) : ss: County of Ada, ) On this undersigned, said County an State, personally appeared, ana--.. ----, known or identified to me to be the ~ ~v~ ana - of HO L-MURDO H DEVELOPMENT CORPORATION, the corporation that executed the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. , 2003, before me, the , a Notary Public in and for IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate frrst above written. NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 3 STATE OF IDAHO, ) ss: County of Ada, ) On this 5+~1 day of tlDVfll~\., 2003, before me, the undersigned, :5/1 tvLm8i1VlA--tt-- , a Notary Public in and for said County and State, personally appeared, " L'. . ~,!}.d William G. Berg, Jr., known or identified to me to be~e n~ It~ Clerk, respectively, ~,y. at-y;(;.{l' res' '" il "t_" of the City of Meridian, a municipal corp arlon, Who execUfed the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ~s.'OIIQIi:l~. .+$ O_N_~*.fI. .~O'f~;:{~. :"'/ ~ \ ":a " ' \ . . ( I . 11 , , . Ii \ I . . \ / . , !-bHt: c' · .. _n'... ~ ~" o. U-, ........ '. ..~,..;:,,----~ . · 6..(.0- OF }..V.. ........ ShM fl-J;ntftv Notary Public for I9ahO , Residing at: AdPt t()U~Tir i Jrlt'J/;{J My Commission Expires: '1'- 2f? -05 Z:\Work\M\Meridian\Meridian 15360M\Cedar Springs North Sub AZ-02-028 PP-02-027\NONDEVELOPMENT AGREEMENT. doc NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 4 ( ( ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11/14/03 12:08 PM DEPUTY Kathy Ingraham RECORDED - REQUEST OF City of Meridian AMOUNT .00 ,K(' 'fd--- 1111111111111111111111111111'" 111111 103192355 DEVELOPMENT AGREEMENT , .-' \, \ L-) \ " ... l' I '. -; t: PARTIES: 1. 2. City of Meridian Howell-Murdoch Development Corporation, Owner/Developer THIS DpVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this IO~ day of tJcft;?~ ,2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and HOWELL-MURDOCH DEVELOPMENT CORPORATION, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1 a 1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and la2 WHEREAS, I.C. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1 a3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and (L-O) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ-02-028) - 1 1.6 WHEREAS, record of the proceedings for the requested alll1exation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the K:'-dayof mMch, 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ-02-028) - 2 ( ( 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Howell-Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned R-8 and L-O, and each owner's property is described in Exhibit "A", attached hereto aI?-d by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D. and G.) which are herein specified as follows: Development of Cedar Springs North Subdivision, 197 building lots (184 new single family detached, 1 Townhouse, and 12 office), on 81.54 acres. !- 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ-02-028) - 3 t r 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerfDeveloper" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation and Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non-development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the p roj ect. The D A s hall a Iso i nelude a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction of the roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road. The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Aoproval DEVELOPMENT AGREEMENT (AZ-02-028) - 4 ( ( 1. Construct 5 - foot concrete sidewalk abutting McMillan Road located 2- feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Surmnit Way as a collector roadway with a 33- foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of2l-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480- feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400- feet west of the east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately 1 00- feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170- feet north of the south property line, as proposed. 1 O. Extend West White Sands Drive to the west property line approximately 1,170-feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. DEVELOPMENT AGREEMENT (AZ-02-028) - 5 13. Construct a roundabout on North Summit Way approximately 50D-feet south of McMillan Road, as proposed. Design the roundabout with a 21-foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260-feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. Comply with all Standard Conditions of Approval. Standard Conditions of ADDroval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. DEVELOPMENT AGREEMENT (AZ-02-028) - 6 ,. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a DEVELOPMENT AGREEMENT (AZ-02-028) - 7 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 15 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks s hall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight DEVELOPMENT AGREEMENT (AZ-02-028) - 8 load of70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKilllley Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre- construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. DEVELOPMENT AGREEMENT (AZ-02-028) - 9 ( 5. 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. G. Adopt the action and/or comments of the City Council taken at their February 25, 2003 meeting as follows: 1. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. The Applicant shall submit a Plan to the Planning and Zoning Department for their approval and which Plan shall show what type of amenities shall be placed upon the open spaces. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subj ect "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. 9 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" . consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ-02-028) - 10 ( ( ( 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10. 1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordmance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ-02-028) - 11 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the ~ame within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be DEVELOPMENT AGREEMENT (AZ-02-028) - 12 subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Howell-Murdoch Development Corporation 4822 N. Rosepoint, Suite C Boise, Idaho 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be cormnenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT (AZ-02-028) - 13 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and hound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof: and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ-02-028) - 14 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-02-028) - 15 ( ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: HOWELL-MURDOCH DEVELOPMENT CORPORATION By7-t /f '7~ Attest: BY: Attest: B .J/~A ~~/" Q-,( SEAL rC)) CITY CLERK ~ ? ~ ~ - '%. 7~Q ,cp _ 2 ~ ~ u"r ~ \ /","0 '" ~ r 0 \J 1 S \ · . ~<... '" ~ "1 'C1~ .....,..... /.1 Co \v ,"' <../ UNr"l i \ ,'\ 11111. J \\\\\ JdnJHn~\\\\' DEVELOPMENT AGREEMENT (AZ-02-028) - 16 On this J 0 day of 0 d- ' in the year 2003, before me, ~) ~7 W /~~ a Notary Public, personally appeared Kevin Howell, a:t'lfl ~ ~ ~ -.. known or identified to me to be the jj ~~~ and ~ of HOWELL- MURDoch DEVELOPM T CORPORATION, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said HOWELL-MURDOCH DEVELOPMENT CORPORATION. ~ 4\ tlO ;;#.& C:J~ ~ fP ?\'18J)~ . ..... . - I "ltvJ.O~ I ,., ~~ _1.." , ~ '\T ~ ..~"" ~.. iI#~ 7J.t..u S~-,--.....,.. ~#..<< 4n *~ 1'......... .,~ STATE OF IDAHO, ) :ss COUNTY OF ADA ) (SEAL) ( ..... STATE OF IDAHO ) :ss County of Ada ) On this 5+h day of Nvvemhvl , in the year 2003, before me, a Notary Public, personally appeared ~bert D. Come ag-d William G. Berg, known or identified to me to be the ~iayor ~d_ Cle~~I:68\1vefY: of the City of Meridian, who executed the inst~hle<fttb~lt'lilfp1frs~ns that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ..~.1I0". ..~O..N_~A ~1. ~ ~';~... 'T A ;:.~~..?>.. .~~, ~ 0 - -..q:,;.... ..\~... "C? I ~ ,~tr/"^. II : ' ~ · fl. . I . . . , , . ~ , , . ... \. C ' · -. _n.',.... b,._~ ~,'o. u-, -:. uJj1J..., . ..~"..;.---- ~ . ...~.a-OF ~.. ....... $ J1CL~ IYI c-\YYIA.--+L- Notary Public for Idaho Resid~g ~t: Ad.Pt {' D{;1/V1~6 .Jrlci",o COnllTIlSSlOn expIres: 4 - 2<6-()5 Z:\Work\M\Meridian\Meridian 15360M\Cedar Springs North Sub AZ-02-028 PP-02-027\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-02-028) - 17 ( EXHIBIT A Le{!al Descrintion Of Property CEDAR SPRiNGS NORTH ZONE R-8 PARCEL DESCRIPTION A parcel of land, being a portion of the West ~ of the Northeast ~ of Section 36, T.4N., R.l W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North ~ corner of said Section 36 marked by a found )12" iron pin, thence along the northerly boundary of Section 36 South 89027'39" East, 549.70 feet to the POINT OF BEGINNING; thence continuing along the Northerly boundary of Section 36, South 89027'39" East, 791.15 feet to the Northeast comer of said West 12 of the Northeast 'l4 of Section 36; thence leaving said Northerly boundary, South 00028' 44" West, 2,653.26 feet to the Southeast comer of said West 12 of the Northeast 'l4 of Section 36; thence along the East- West center line of said Section 36, North 89009'38" West, 1,340.20 feet to the Center 'l4 of Section 36 marked by a found 5/8" iron pin stamped "PLS 8248"; thence along the North-South center line of said Section 36, North 00027' 51" East, 1990.67 feet to a point; thence leaving said North-South center line, South 89032'09" East, 244.20 feet to a point; thence South 00027'51 " West, 65.00 feet to a point; thence South 89032'09" East, 139.80 feet to a point; thence South 85027'40" East, 76.57 feet to a point on a non-tangent curve; DEVELOPMENT AGREEMENT (AZ-02-028) - 18 ( \ thence along curve to the right 206.60 feet, said curve having a radius of 108.00 feet, a central angle of 109036'08", tangents of 153.11 feet, and a chord of 176.51 feet which bears North 26007'25" East to a point of non-tangency; thence North 21 032 '21" East, 7.05 feet to a point of curvature; thence along said curve to the left 53.15 feet, said curve having a radius of 145.00 feet, a central angle of21 000'00", tangents of26.87 feet, and a chord of52.84 feet which bears North 11 002 '21" East to a point of tangency; thence North 00032'21" East, 507.66 feet to the POINT OF BEGINNING. Said parcel containing 73.13 acres more or less. AND CEDAR SPRINGS NORTH ZONE L-O PARCEL DESCRIPTION A parcel of land, being a portion of the West 12 of the Northeast ~ of Section 36, T.4N., R.l W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North ~ comer of said Section 36 marked by a found ~" iron pin, being the POINT OF BEGINNING; thence along said Northerly boundary, South 89027'39" East, 549.70 feet to a point; thence leaving said Northerly boundary, South 00032 '21 " West, 507.66 feet to a point of curvature; thence along said curve to the right 53.15 feet, said curve having a radius of 145.00 feet, a central angle of21 000'00", tangents of26.87 feet, and a chord of52.84 feet which bears South 11002'21" West to a point of tangency; thence South 21 032 '21 " West, 7.05 feet to a point on a non-tangent curve; DEVELOPMENT AGREEMENT (AZ-02-028) - 19 /' thence along said curve to the left 206.60 feet, said curve having a radius of 108.00 feet, a central angle of 109036'08", tangents of 153.11 feet, and a chord of 176.51 feet which bears South 26007'25" West to a point afnon-tangency; thence North 85027'40" West, 76.57 feet to a point; thence North 89032'09" West, 139.80 feet to a point; thence North 00027'51" East, 65.00 feet to a point; thence North 89032'09" West, 244.20 feet to a point on the North-South center line of said Section 36; . thence along said North-South center line, North 00027'51" East, 655.57 feet to the POINT OF BEGINNING. Said parcel containing 8.41 acres more or less. DEVELOPMENT AGREEMENT (AZ-02-028) - 20 ( ( EXHIBIT B Findin{!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-02-028) - 21 --"-+ ? ( -- ~~..-- ( \ BEFORE THE MERIDIAN CITY COUNCIL RECEIVED MAR 0 5 2003 City Of Meridian City Clerk Office IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 81.54 ACRES ) FOR PROPOSED CEDAR SPRINGS ) NORTH SUBDIVISION, LOCATED ) ON THE SOUTH SIDE OF W. ) McMILLAN ROAD, ~ MILE WEST ) OF N. MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) APPLICANT ) C/C 02-25-03 Case No. AZ-02-028 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 February 25,2003, at the hour of7:00 p.m., and David McKinnon Planner n for the Planning and Zoning Department, Darin Fluke, and Kevin Howell, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~9 67-6509 and- 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The 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 Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) ) (r- ( ( /-~~ ( \ Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 81.54 acres in size and is located on the south side ofW. McMillan Road, ~ mile west ofN. Meridian Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defmed in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N. Dresden Place, Suite 102, Boise, Idaho 83714. The applicant is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho. 5. The property is presently zoned RUT (Ada COWlty), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential District) and L-O (Limited Office). 7. The subject property is bordered to the north and east by rural residential and agricultural properties, to the south by Cedar Springs Subdivision, to the west by rural property and Baldwin Park Subdivision. 8. The Applicant proposes to develop the subject property in the following manner: Cedar Springs North Subdivision, 197'building lots (184 new single family detached, 1 Townhouse, and 12 office), on 81.54 acres. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as follows: Medium Density Residential and Office. The northwest comer FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 2 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) \ ,/~' { ( of the parcel is designated as Office or High Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City ~ouncil recognizes the concerns of Wendel Bigham, Joint School District No.2, in a letter dated November 4, 2002. 12. Giving due consideration to the comments 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation and Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5- 7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation appli~ation. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction of the roadways in phase two of the subdivision to allow for emergency vehicle access to McMillian Road. The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORUf SUBDIVISION (AZ-02-028) f.. ("J. ( ( B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct 5- foot concrete sidewalk abutting McMillan Road located 2- feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet afright-of-way, as proposed. 3. Construct North Summit Way as a collector. Construct North Summit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of 2 I-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480-feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830- feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, ItTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400- feet west of the east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately 100- feet east of the west property line, as'proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet north of the south property line, as proposed. 10. Extend West White Sands Drive to the west property line approximately 1,170- feet north of the south property line, as proposed. 11. Construct 6-knuckles without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 4 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING CEDAR SPRlNGS NORTH SUBDMSION (AZ-02-028) j ./ ............oT" _ I- n ( ( ( \ 13. Construct a roundabout on North Summit Way approximately 500-feet south of McMillan Road, as proposed. Design the roundabout with a 21 -foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260-feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the [mal plat. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 17. Other than the access points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. Comply vvith all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONlNG CEDAR SPRlNGS NORTH SUBDMSION (AZ-02-028) ( c (~.. (~.. \- 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable roadimpact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDNISION (AZ-02-028) f _\ ( /...J,.....~~ { ( ( C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and twu family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 11 03.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible"construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 15 Lot 1, they may have to be posted ''No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORm SUBDIVISION (AZ-02-028) l} ;'.... (/:.. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm. drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) ( j ( ( (f _ G. Adopt the action and/or comments of the City Council taken at their February 25, 2003 meeting as follows: 1. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 13. It is found that the requested zoning designation, R-8 and L-O, are hannonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map. The northwest comer of the parcel is designated as Office or High Density Residential in the Comprehensive Plan. The proposed office park generally follows the area designated for office on the Future Land Use Map. The remainder of the parcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The Single-family detached area (61.56 acres) has a density of 3.6 dwelling units per acre after subtracting out the common open space (11.33 acres). The single-family attached area (11.57 acres) is proposed to have a density up to 10 dwelling units per acre. While in isolation, this area could be considered to exceed the allowed density, if the entire project is factored together, the overall density would be just over 4 dwelling units per acre, well within the range allowed by the Comprehensive Plan. In addition, the Comprehensive Plan states that the applicant may request a "one step" increase from medium to high density without a fonnal Comprehensive Plan Amendment. It is supported that the proposed densities meet the intent of the FINDINGS OF FACT AND CONCLUSIONS OF LA W _ Page 9 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATIONANDZOMNG CEDAR SPRINGS NORTH SUBDNISION (AZ-02-028) ( ( (~ -, Comprehensive Plan. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single family detached, single family attached, and office areas will be allowed within the requested R-8 and L-O zones. 16. It is found that the land to the south and west is being developed in a manner similar . to the proposed subdivision. It is also found that the requested zoning designation of R -8 is harmonious with the recently approved adjacent development (Baldwin Park), also zonedR-8, and may be rezoned in the requested manner. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). 17. It is found that the proposed uses (single family residential and office) are designed appropriately to match with the existing and intended character of the general vicinity. Any change in the existing character of the area is in harmony with the intended future land use envisioned by the Comprehensive Plan. 18. It is not anticipated that the proposed residential and office 1:lses will be hazardous or disturbing to future or existing neighbors, as long as the recommended conditions of approval are complied with. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further infonnation regarding public servic~s. FThIDINGS OF FACT AND CONCLUSIONS OF LA W - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) (~ .' ./"... / ~ / ( 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic and noise will increase with the approval of this subdivision; however it is felt that the amount generated wili not be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of McMillan Road will create new traffic on surrounding roads. However, it is not believed that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation of this property would be in the best interest of the City. 25. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) -( , ('.-- 'l...... _ ~. development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real propert)r upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential (R-8) and Limited Office (L-O) are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) ( ( ('- defmed in the Zoning Ordinance at S 11-7-2 D and G as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. ~ (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. 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 ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORm SUBDMSION (AZ-02-028) "') ( ( (. (J~" DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 81.54 acres to Medium Density Residential (R-8) and Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 81.54 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 shall be required to met the conditions set forth and in the event the conditions herein 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation and Zoning Comments 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat application, including a non- development agreement on Lot 18, Block 13-which is the area designated for a future single-family attached project-until an appropriate application is approved for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) _' (1 ( _.,_r_~_ ~... ( ,-. The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit building on this lot until the construction oithe roadways in phase two oithe subdivision to allow for emergency vehicle access to McMillian Road The density calculation for Lot 18 Block 5 shall consider the entire Cedar Springs North Subdivision B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5- foot concrete sidewalk within 50-feet afright-of-way, as proposed. 3. Construct North Sunnnit Way as a collector. Construct North Sununit Way as a collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way. 4. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed median. 5. Construct West Fallen Leaf Drive to extend to the east property line approximately 480- feet north of the south property line, as proposed. Staff is supportive of this location. Install a sign at the terminus of the roadway stating that, "TIllS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct West Stone Pond Drive to the west property line approximately 830-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Extend North Portage Avenue from the south property line approximately 400-feet west of the east property line, as proposed. 8. Extend North Rhodes Avenue from the south property line approximately 1 00- feet east of the west property line, as proposed. 9. Extend West Yosemite Drive to the west property line approximately 170-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONINGuCEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) ( ('- ( 10. Extend West White Sands Drive to the west property line approximately 1,170- feet north of the south property line, as proposed. 11. Construct 6-knucldes without center islands within them, as proposed. 12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds. 13. Construct a roundabout on North Summit Way approximately 500-feet south of McMillan Road, as proposed. Design the roundabout with a 21-foot street section on either side of the center island without driveways accessing the roundabout. Dedicate sufficient right-of-way on either side of an island. Coordinate the size and design of the roundabout with traffic services staff. 14. Construct a shared driveway to be located on North Summit Way approximately 260- feet south of McMillan Road, as proposed. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development's proportionate share of surrounding roadway improvements as established by the applicant's traffic impact study. 17. Other than the aCcess points specifically approved with this application, direct lot access to McMillan Road and North Summit Way is prohibited. These restrictions shall be noted on the final Plat. 18. Comply with all Standard Conditions of Approval. Standard Conditions of Ap-proval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the dev.eloper. FINDINGS OF FACT AM? CONCLUSIONS OF LA W - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRlNGS NORTH SUBDIVISION (AZ-02-028) _\ ( ( (- 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State o~ Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit(or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway DistrictRoad Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) ( ( (". change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. This may affect the landscape islands in Block 15 Lot 1, they may have to be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction, 11. All building uses and occupancies will have to meet the separation requirements of the Building Code. 12. A 20' wide temporary access road, capable of carrying an imposed weight load of 70,000 pounds will be required to access the project from McMillan Road. The road FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) (-- (' ( will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13. D. Adopt the Recommendations of the Meridian Water Department as follows: 1. Water mains will need to be extended north of Meridian Road and west on McMillan Road. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Coleman Lateral, McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern boundary, the McKinney Lateral courses through the northern part of the property, and the Settlers Canal courses along the north boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. The developer has indicated that SID will own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. < 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028) (00 ( (~o degradation. H. Adopt the action and/or comments of the City Council taken at their February 25, 2003 meeting as follows: 1. Based upon the testimony at the February 25, 2003 hearing, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 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-8) Medium Density Residential District and (L-O) Limited Office District, and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Warks Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) / (' ( ( , -;/_.. . <. - ~ { , 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 'I-If ! - day of fJlMC/~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Me CANDLESS VOTED#-~ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: $-1/-(}3 VOTED ---- MOTION: APPROVED~SAPPROVED: ~ B. ~~~((),.-ted: 5/IZ--03 ~lerk r ... .. -= : - - ... - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028) ( October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5,2003 ITEM NO. 3-<; REQUEST Water Main Easement for Idaho Banking Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Easement F' {)J{lP~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( RECEIVED OCT 2 9 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk t'1 Date: 10/.21/2003 Re: Proposed Agenda Items for November 5th City Council Meeting (~it v Of fvlericLiall ,~ity (;lerk ()ffice The Public Works Department respectfully requests that the following items be placed on the November 5th City Council agenda, on the Consent Agenda, for Council's consideration: 'K- - 1) Water Main Easement for Idaho Bankina Comoanv. Typical water main easement Recommended Council Action: Approve the Water Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Main Easement for Idaho Bankina Comoanv. Typical sanitary sewer main easement. Recommended Council Action: Approve the Sanitary Sewer Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Cobblefield Crossina #1. Recommended Council Action: Approve the Streetlight Agreement for Cobblefield Crossing #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 ( WATER MAIN EASEMENT THIS INDENTURE, made thi2o'fhday of tel., 2003, between Kimball Properties Limited Partnership, an Idaho limited partnership, and Idaho Banking Company, an Idaho corporation, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the follovring described property: (SEE ATTACHED EXHIBIT A and B) -The-easement-hereby -granted-is-for the-purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, perfonning other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed \Vithin the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial sluubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-" way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such Water Main Easement IBe Meridian water easement. doc ( boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they "Will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above vvritten. GRANTORS: Its C 2.. ....:) GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement IBe Meridian water easement. doc STATE OF IDAHO) ) ss ) On this.2o+h day of ()!fvber- , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston Ha Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly aclmowledged to me that he executed the within instrument on bell~~tI~ J:artnership and that said partnership executed the samea ~.;'~'G$ A. E G r.: ~" ....~ ~v ........ <.P :;""., ! ~~ ..- ... P...... ~ ... tfI .. · {/" ~ (SEiJ;:J)f ~OTAJ(r .\~ ~ ~ : ........ : ';l> E ~~ 7. PC: S ~\ 1 j). -lJ' l.J B L \ .: ~ ..~ . ,/ O"'r- .. $' .~. '"1 "j.. "''''{I:<!tG D.... "':\, Q ~ .~ ,'L. h.. "',. ..... " <.; 0 \4. ~ \) P' ~... ###" r". ..",~" STATE OF IDAHl1'jIU" ) ss ) County of Ada County of Ada ~~A.~ -x:- ~UBLIC F~ Resldmg at: Commission Expires: 3 -q - 2-ot::lo On this 20.,." day of c:crobcr , 2003, before me, the undersigned, a Notary Public in and for said Sta~ y~rsonally appeared ~ i chtuJ J () hn ~ to 11 , known or identified to me to be the ~ of Idaho Banking Company, and he duly acknowledged to me that he executed the within instrument on behalf of said corporation and that said corporation executed the same. ~"I,,'I 11..",#, ......~' $ A.. E G (j '##..# (SEA L.t"~~ .......0.. J>p' #~ ~ ~7 Co::> ..e- 0.. ~ ~ : ~: ~OTAJ(r .~~-: : : ....... : > E : : : : ~ e. PClBL\C. : ~ f.P. e. ... $ ~ './^ -.. ...o#..'\. C :' ###;"1.J;1 ....... ."',.~.. STATE OF ID~~ o:F 1\>.~~~~'~ ~ ",.,. ~~~." County of Ada ) ~~a~~ ~ Commission Expires: 3 -Cl. ,.207::1:, On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WJLLIAM G. BERG, JR., lrnown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the vrithin instrument, and aclmowledged to me that the City of Meridian executed the same. (SEAL) Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: IBe Meridian water eas ement. doc ( SANITARY SEWER EASEMENT AND WATER MAIN EASEMENT A sanitary sewer and wat~r main easement located in the East Y2 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada Co'unt)!. Said easement crosses portions of . Lot 1 and Lot 2, Block 4 of the Bonito Subdivision, recorded as instrument number 103142839 i:p. the office of the Ada County Recorder on August 22, 2003, in Book 86 of Plats at .pages 9783 through 9788. Said easement is more particularly described as follows: Commencing at the northwest comer of said Lot 2 thence, along the northern boundary of Lot 2 South 73024'00" East 77.08 feet to the POINT OF BEGINNING; thence, South 16032'37" West 55.37 'feet; thence, So~th 73027'23" East 87.44 feet; thence, South 16032'37" West 5.00 feet; thence, South 73027'23" East 10.00 feet; thence, North 16032' 3 7" East 5. 00 fe~t; thence, South 73027'23" East 19.70 .feet; thence, North 16032'37" East 20..00 feet; thence, North 73027'23" West 82.07 feet; thence, North 17017'37" East 35.34' feet to a point on the northern boundary of said Lot 2; thence, along said northern boundary North 73024'00" West 35.53 feet to the POINT OF BEGINNING. Said parcel contains approximately 3,641 feet, more or less, and is sllbject to all existing easements of record or use. ' EXHIBIT A ... ( - ... ( ( SANITARY SEvvER AND WATER MAII\J EASEMENT AFFECTING BONITO SUBDIVISION., LOTS 1 & 2, BLOCK 4 LOT 6 ''''.......'''- ~~~ B:LOCK 5 ,.::~""-<..~"", . LOT 3 , """,::~~~ ~. LOT' 2 .,~~~~ .~~~,->;-- !. I '''- ~~~ ----r-"~~" ; t --~--~~ -~-n . ! ~ t::: -. -; ,- '. ~ ~~'/-~--~""- \ t-,: LOT 1 ..<---"~~ ~~/l "'- '- ;'-'--~~ --''''1~ ~ / ~-,~ s';; -. ~ "S""'" I:~: -"'-<.,;;~'~.. ~~ ~?~---:""-'-) ""'-:-"'.J ~r~__ -""'-'~ ; ----- I Aft f j ~~ -"""-"'-- ~~ I /r""..:..~~ :- ~'-,~ . p ).......'" <'-'" ':..~i! f ! ~__ t- . f .. "'. --, . 0 ! ! ."--.--.......~' ~f:!~~""'X / ! I 1 "':~~""'''' ! -. <'-$' I ^ I J ! ~... 1,.... A - ~',~.~~-v.:...;. J $' ; '~. ....:~--'--- ; f 'h'" ~'-_____ ! I V DID I ~V~-. ~,'t,T "''''--::'''~-~-.:.s.~~J:<: r /! ~-----J,. II ,/' f' ~ "-. '"'-., '-.'--.,." :-'-:::::~A~~~~~ . "~'- (/ ~" S~ V---- J v f:- ~ ?/, .~"- -- ~'~~, ,/ i ~.----.-+- F "'". . ~-, ~ . ~-L. I I ,"~~~1Y --'~ . ~--""'" ! 0/) , " j~__~ i! ~___ r---~- !! J f -- I. i"-E--~'_~ I "::';~ I ::::--.~ I / POINT OF \\ ,____, _________".~-~~~ ;1 S(.3"24'of;:d. " ------"-".__! If BEGINNING ~~,,-- ! //.08' t" ~~:"-q:-:~ . ~~ J 1"1 \ '~7iN{ ........___i/r----~ I J ~ , J-,.! ~ . . 11 ; ! l....;' - j - ::--.- ~/.l_) ! 41, . ~, ~_ --"1-""'-'---"0___ '!- ~~ "-. l ! } ~~~ ,,~ / ._~'" "!J . '~-.l I ,,~I ~ ,,~. r::Zt:; t J. t: ~ ' '~;I~,:~ ~ f:]./ .r~j%1:- Ss ~~ ' ~~.~ } j c......... ""'....... "- r!;!.-.. '-' ~'" '_ I -........... ~ ,1\1'''' ~~~' LOT 1 f...... .,~~ 1 ---.. /' V.:? ~ ') .......... i ~1 "~'............. ~ /'.2. ~~ ----...~____ -........... f "", 8 W ~ , ...L....... S ;/ J'. . # ~~-~~ ~ 0 :/ ~ -........... .....~ "". ~ -.....:? /' 2 JI# VI-----. J -........... 0S... B L 0 C K 4 8/.4-:;-;:- ~ --'~11 ) B ON IT 0 SUB 0 I V I S ION -........... ~?:::1~.,~. }E.' I LOT 2 I I I LINE; TA~.LE . LINE LENGTH, . . BEARING L1 5.00 . S16.32'37'.'W L2 1 O. 00 'S73.27'23"t L3 5.00 N16.32'37"E . L4 19.'.70 S73.2'7'23"E L5 20. 00 N16-32'37"E .L7 35.53 N73-24.'QQ"W LEGEND GRAPHic'SCA'LE o 15' 30' I I I 1 INCH = 30' ~.- - ----.---~_.- s s .__.~. --.-.-----.... ..~~ SA NIT A R Y $E WER . 'n .-.-,'-.-------. .-. <A .. ......... ...- ... ...... DOM.ESTle WA TER ", -.,~.~:.::;n~~~;!"". Rrfr~:bNrt=-~:"""-~x;m.,...~*'Pt'-~"'~'="-~<:". RIGHT - OF - WAY PROPERTY BOUNDARY - - - - - - EASEMENT BOUNDARY EXHIBIT B. ( (- October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5, 2003 3-H ITEM NO. REQUEST Sewer Main Easement for Idaho Banking Company AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Easement cvtpv9 vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo RECEIVED OCT 2 9 2003 To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk 1"1 Date: 10121/2003 Re: Proposed Agenda Items for November 5th City Council Meeting (~it v Of I\1~eridi3_11 (:ity (~lerk. ()ffice The Public Works Department respectfully requests that the following items be placed on the November 5th City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Idaho Bankina Company. Typical water main easement Recommended Council Action: Approve the Water Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. f:. - 2) Sanitary Sewer Main Easement for Idaho Bankina Company. Typical sanitary sewer main easement. Recommended Council Action: Approve the Sanitary Sewer Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. 3) Streetliaht Aareement for Cobblefield Crossina #1. Recommended Council Action: Approve the Streetlight Agreement for Cobblefield Crossing #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 (- SANITARY SEWER EASEMENT TillS INDENTURE, made this20fh day afCb#-. , 2003, between Kimball Properties Limited Partnership, an Idaho limited partnership, and Idaho Banking Company, an Idaho corporation, the parties of the fITst part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; \NITNESSETH: VVREREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and VVREREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by. others; and VVREREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. - IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betvveen the parties hereto, that after making repairs or perfomring other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that 'should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Sewer Main Easement easement. doc me Meridian sewer ( ( effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lavvfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lavvful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lavvful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year fITst herein above written. GRANTORS: KIMBALL PROPERTIES LIMITED PARTNERSHIP Its c.. \~ 0 .,. GRANTEE: CITY OF MERIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Sewer Main Easement easement. doc me Meridian sewer On this 2D~ day of Cbfv OCr , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, lmown or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly aclmowledged to me that he executed the within instrument on beha!b.t.t{l~fa~ership and that said partnership executed the same. ~...~~~ $ A. E G II ####4' ~.,. ~~ ........e. J> n ~ .: ~ .. -. t' 0. ~ (SE4~/ ~OTAl?r\~~ : : .. 0 c;::a. : ';P-" : . . . - .. · ^ C.- ~ ~ ~l1BL\ .. = ~U>:. · ~ -::. ~ oQ.. .... c $ <tod', <1 J't ....... ~..~ ~#.v# }J 0 F lP ~ ~,.." '''#, "...~ STATE OF IDAHO )",....'. ) ss ) ( STATE OF IDAHO ) ) ss County of Ada ) County of Ada ~~~ r Residing at: Commission Expires: ~ -2oCb On this2.o--fe, day of c::ttvbe.r , 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Mi tkae-l '- lot-;.h sfon , known or identified to me to be the ce:.o ofldaho Banking Company, and he duly acknowledged to me that he executed the within instrument.9n.~ehalf of said corporation and that said corporation executed the same. ~". II.#, ~..~~' ~ A.. B G lj##"-,, ~... ~~ ........ {p #",. ~ S. ... ... {?..;. ~ ~~.J · . C/" ..-. (SEJ.~- :.. ~OTAl(r .~ ~ ~ : : --... -- : > : - . . - · e ^ c." ~ .. ..t""UBL\ · ~ ~ ifJ. e. ... ~ ~ ~ It. . " ~ "" ~ ~ .......... ~v ~..." . '#### l] 0 F 1'0 ~""...." STATE OF IDAH~:..?,."... ) ss. County of Ada ) On this day of ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and ~LIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and.who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. (SEAL) Sewer Main Easement easement. doc NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: me Meridian sewer ( SANITARY SEWER EASEMENT AND WATER MAIN EASEMENT A sanitary sewer and water main easement located in the East 12 of Section 20, Township 3 North, Range 1 East; Boise Meridian, Ada County. Said easement crosses portions of Lot 1 and Lot 2, Block 4 of the Bonito Subdivision, recorded as instrument number 10314283'9 in the office of the Ada County Recorder on August 22, 2003, in Book 86 of Plats at pages 9783 through 9788. Said easement is more particularly described as follows: Commencing at the northwest corner of said Lot 2 thence, along the northern boundary of Lot 2 South 73024'00" East 77.08 feet to the POINT OF BEGINNING; thence, South 16032'37" West 55.37 feet; thence, South 73027'23" East 87.44 feet; thence, South 16032'37" West 5.00 feet; thence, South 73027'23" East 10.00 feet; thence, North 16032'37" East 5.00 feet; thence, South 73027'23" East 19.70 feet; thence, North 16032'37" East 20.00 feet; thence, North 73027'23" West 82.07 feet; thence, North 17017'37" East 35.34' feet to a point on the northern boundary of said Lot 2; thence, along said northern boundary North 73024'00" West 35.53 feet to the POINT OF BEGINNING. Said parcel contains approximately 3,641 feet, more or less, and is subject to all existing easements of record or lIse. EXHIBIT A - '~_ I J 'SANITARY SE\v;ER AND WATER MA(II~ t:ASEfviENT AFFECTING BONITO SUBDIVISION, LOTS 1 & 2, BLOCK 4 ~-:::.~ LOT 3 B ; L 0 C K 5 ~-.... '~~~ "~::"''''''''''- ~~ ,/ LOT 2 1 i ;;1 j i / i ! '~'t) ~ f J::-" d. '" ;~'" I ~"'" LOT 1 '"-""~"'--~ j "Jl S · ""-. -",,',:~'~:"':::~'"---~~~i.~~.~ <.00'______:---- "/lR 7' ry<~.:;~ ---'-..-..... "X -' !;-::~~.... . ! """~"-. ''-, ~ 1/,\ :' ;' '"" ~,~ '~',..._. ~~ :"''':!::::J:l~~ j f '~:?~~~''''><< , j""'~. .' -. r--'Otv! f ~-~""- ' J ~ '':''~ t f ;""~' ,:~>I^t'~,;,<_~ ; f ~ : D '1 y?-~ ~ "'-- ~'~tc..;:;' i ; '~"'-. ~ j I ,~ .. "~'-""~"Vv........ f 1fT! / ~ I "~"-' --"-~~::::~~;,:"l:>;Y7>:=L i' ---. !: ___ . f' --.... ",-, "'--.x:::," , , '--:__ f / ---., , ~ :; ('"":---::/.... ,. J::- 11< ~~. "~"~h , -:: :~'::: ~~~~ I; 'v ~~~ "'''''h,,-. :.~_____ ~ '", _,~,,_ _~l f' !.....~! f '1-~,__ ------.t ""~ "'., ~ !! j "'--~...l''20 "'~ ~~.. ' . J < /lJl '~r' """ :f:i~~;' / ~~,,~~~ . l /~~ ;~-:::::..---- ,....... ; ~: .~~~ ~~ j " '-"~""'-,",-' ....... ----........... I ~~ ~J'!"__/ ! "'T~"~~ ;! POINT OF ~-- ____ ~~'~~:;:~:,::~ / S?~~,(~~~_,_ / / BEGINNING "'~~ ---- '-..", I I 4 00"~1.. j<::~\ - _'.. -~,"-" ! -~._ ---- I i / //: 08' l: ~'" \ ,"-. >~ ~.--"~ --~~:::::::::: o} ~~ ~ "....~ ~ -..~"'~ ~~. .~ I / ~ \ · 7L.~;:z..'------, ~ !if I / I ""'1~~.>'~~~ ~/-<--.'! ! 4.J11:#'--~ ;: {-;-~ LOT 6 LOT 2 ~ "~4-"-.,~ I ~fl/.<' "~~'-!--/7%~,___~ "..,;,' '''''''-t-- "K) .. . "~. / r~[~~~~~~-,__ "'''')z''' ,I' ! ."-). ';;- I--~j f f~'r~'":,;;;;: Pi ~ i !~::: ~ ~~~~~-1__,~~.~_ <0 /fJ! Y.~~I%] ~~,-,~ I q /i / "~ ~ 'ss ~ , I i j ~ ~ I I i-. -"-L-. . "'- ",-IV/;;;~~" :;--...__ . LOT 1 L........ j' lV,--.", - -.......:;,/.2. ~~''-" "'- / "''''--''''''''~" 8.2 W "--'"" '---- S / 3:? ">~ ~'~"'~':I. · 0 7~............. """",-, "". SY'-. ~ <.,/ ') ~ ~~ K ............,----. . I ............. ~ '''- --..... ~ c .".--~". B L 0 C K 4 8/.44~ "'- -I~ J BONITO SUBDIVISION "'- ~Z~". LINE TABLE j.r LINE LENGTH BEARING . I L1 5.00 S16-32'37"W L2 10.00 573-27'23"[ L3 5.'00 N16-32'37"E L4 19. 70 573-27'23"[ L5 20.00 N16-32'37"E L7 35.53 N73-24'OQ"W LEGEND GRAPHIC SCALE o 15" 30' I I I 1 INCH = 30' . - -..- -- __~~n___.__.~~~_'M... :SS. _._..~.__._~._., .. A.. SAN! TAR Y SEWER . .., ^....A.~~..~_.. --.. ., h. ...- '--'- . -. ~ . , DOMESTIC WA TER .-",'-""','." "'.":~:.>;F:'''--J:~::::;;;:.,.;;<;-tI,'='~''''''0 ~f{j~i'~~:;'~w.:X'''::''":<-'':'''''''''k-' ,~-,- 'I"'""""~/',"' RIGHT - OF - WAY PROPERTY. BOUNDARY - - - - - - EASEMENT BOUNDARY EXHIBIT B ( October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5, 2003 ITEM NO. 3-( REQUEST Streetlight Agreement for Cobblefield Crossing NO.1: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Agreement ~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( R,ECEIVED OCT 2 9 2003 To: Mayor Conie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk 2.'1 Date: 10/21/2003 Re: Proposed Agenda Items for November 5th City Council Meeting (jitv Of rVlCI1cliarl \-=';it~v (~leTk Office The Public Works Department respectfully requests that the following items be placed on the November 5th City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Idaho Bankina Company. Typical water main easement Recommended Council Action: Approve the Water Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer Main Easement for Idaho Bankina Company. Typical sanitary sewer main easement. Recommended Council Action: Approve the Sanitary Sewer Main Easement for Idaho Banking Company and authorize the Mayor to sign and City Clerk to attest. r-3) Streetliaht Aareement for Cobblefield Crossina #1. Recommended Council Action: Approve the Streetlight Agreement for Cobblefield Crossing #1 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Pacific Development Inc., pertaining to the street lights in Cobblefield Crossing # 1, a residential development in Meridian, Idaho. For good and valuable considerati~n, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Pacific Development has provided J. street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Cobblefield Crossing # 1 in Meridian, Idaho. The parties acknowledge that the J. street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Pacific Development, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereat: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Pacific Development, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and! or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the J. street lights located in Cobblefield Crossing # 1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Pacific Development will assign its rights and obligations hereunder to Cobblefield Crossing # 1 when said Homeowners Association is formed and operational. STREET LIGill AGREEMENT Page 1 of 1 This AGREEMENT shall be binding on Pacific Development. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ATTEST: William G. Berg, Jr., City Clerk ATTEST: Secretary STREET LIGill AGREE1\1ENT day of ,20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Robert D. Corrie, Mayor Pacific Development By Page 2 of2 ( (- STAlE OF IDAHO, ) ~ SS. County of Ada, ) On this _ day of , 20 -' before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRlE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF 1ffiRIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COJvl1v[[SSION EXPIRES STAlE OF ,) : SS. County of ,) On thi~ day of6~ , 20 ~ befon me, the undersigned, a Notary Public ill and for said State, personally appeared' and known to me to be e President Secretary of Pacific Development., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above ~ite.n~~. ' .~' '*"-~~ ~ . ~~..,. i-:';'~':~-~ f> A. G.t J:;: ~~~ $" ~ ~-- G..Qwt5:o.:D~ -"......,/~~.,..... .~ ~ /. ~ G.S~ C:{;lp ...rt:.... ~ ~-~oQ ~. @~ '~~ . {;; .!f ~J, i E:J?,~ ot\ ,<" :~ ~ ~ ~ ,.' ,,)~...,.... ,~. ....;.. ~ oct't VG ~ ~~}. .... 0 ,m it ,.~~~ g ~,~,' ~ t ..;r ~ .. ~: }~. ~~ ~ . ., t. ~ B NOTARY PUB~FOR IDAHO~ I .. t'~ t- c, .. _ "} "II. >-" 0. ' .;.:~ C ~-: j "P ~ 70- {'I ;'!.f RESIDING AT ~ ~~, ~;;:'?0;c, .,. ..." ",,'/::P /F ~ ~':~:,." ,.J 'J^\ .t~c:?,~~-J ~i- ,.-';' ::~~~ MY COJvl1v[[SSION EXPIRES \(\ - a (\ q '''$.f,~~; ~~ ~~;!~ Y. ~ ':~S ,; ~:'i>: . SEAL STREET LIGHT AGREEMENT Page 3 of3 October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5, 2003 ITEM NO. 3-J REQUEST Streetlight Agreement for Baldwin Park No.3: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Agreement ~ wtf~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. U l; l · V U. L U U J L · J 0 r 1~1 l~ U . I J ~ 0 r. L ( STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc", pertaining to the street lights in Baldwin Park III, a residential development in Meridian, Idaho~ For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows~ 1" Capital Development inc has provided 6ea. Single head and 3ea~ Double head street light poles, concrete pole bases, fixtures, bulbs, and cOlnponents to the residential development known as Baldwin Park III in Meridian, Idaho. The parties acknowledge that the 6ea. Sine-Ie head and 3ea. Double head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, ldaho" 2" Capital Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance) at its own expense; and it is further agreed that Capital Development Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or baJla~i) do bwn out and that the City will allow reasonable time to replace them. 3~ It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6ea. Single head and 3ea. Double head street lights located in Baldwin Park III in the usual and customary manner" 4~ It is agreed that the City of Meridian, because Idaho Power Con1pany will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance) bulbs, and ballast~ It is also agreed that lighting served under the Schedule 40 Agreenlent must be controlled by a photo electric device of the "fail off' type~ 5.. It is understood and agreed that Capital Development lne will assign its rights and obligations hereunder to when said HomeoVlIlers Association is formed and operational, STRF.F.T T lnl-lT A~RPt'RMF.NT P:\O'P 1 OCT 30 '03 14:04 PAGE. 02 vel' SU. LUUJ L: 0~r'M l~ 0 · I :J ~ 0 r'. J /. t This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF :M:ERlDIAN~ day of t 20 Dated this CITY OF MERlDJAN, a munic.ipality and Political subdivision of the State of ldaho By Robert D" Corrie, Mayor ATTEST: William G.. Berg) Jr~, City Clerk Capital Development Inc. By President ATTEST~ -.11 dr - SecretarY> ( ~G- ~. - U ~TRP:F,T T TfTHT AGRF:P:tvfF.NT P~Ofl: ? OCT 30 '03 14:04 PRGE.03 V L.: L · .) U. L U U .) L · J 0 r IYI I~ U · 1 J:j 0 r. 't ( ( STATE OF IDAHO, ) SS. County of Ada, ) On this _ day of '120-, before me, tlle undersigned, a Notary Public in and for said State, personally appeared ROBERT DOl CORRIE and WILLIAM G.. BERG, JR., mown to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written SEAL NOTARYPUBUCFORIDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF t) ,) ,~ SS~ County of On this ~ day of Da..t ober ,20 03, before me, the undersigned, a Notary Public in and, for said State, personally appeared R~ h'\ 0 () ~ 0 ~~ (). sO () and metr! l f\ \.; r lmown to me to be the resi ent and Secretary of ..\J . ", and who executed the within instrument on behalf of said corporatiolJ, and aclmowledge to me that said corporation executed the same~ IN 'WlTNESS VlHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above \V'Iitten~ ~A2tD~ NOT~' Y PUBLIC FOR 1D RESIDINGAT ~e1~ J rclAho MY COMMISSION EXPIRES ~. ?;'j. oq ~TRF.RT T l<<1HT AGRP,RMP.NT p~()'~ 1 OCT 30 '03 14:04 PRGE.04 u t; l ' J U, L U U J L · J 0 I' ~1 I~ U ' I J j U r. I ( ; ii, ~~~ ' ~ ~\,.. .,~-<;,. ".. "'roo,,~. . :~..., . ~~': t'lt~'".~.\~ &':~ ~~t~' OIl ... 'oN;.~ '";:' · :< oW; CITY Or: ~r.'3-~ ~. .. ~ - '<.~ endian ~/ \ ~ IOAHO J tc ./ ~.q ~ tIr:.:J:bI'i~Ulte.Y~~ q~CE ; 1;00 GARY D. SMITH, P.E. PURLle WORKS DIRECTOR JrJAVOR R6-eERT D. CORR1E COUNCil.. MEMBERS \VJU...JA-M L M. NARY KEmr BIRlJ TAMMY DEWEERD CHERIE MCC^NOLESS BRAD R. WATSON. PE. CITY ENGINEER Lr-N GRADY STAFF ENGINEER p~w~~~~ FACSIMILE COVER SHEETRE(JEI'lED OCT 3 U 2003 Time: <Jitv Of Me ri di all C~ity Clerk Office Date: Please deliver to: F, / Company / Department: Fax No.: Phone No.: Total Number of Pages, Including This Cover Sheet: From: Fax: No.: Phone No.: Comments: ~r?'&1- ~U ,H-J){ Q-P-frLQ.r::.6 ~cl/~ :# ;}J. t:.t:.f\ l: '11...._-............._ 'f "'_'" ("1..._ ""^^ 'It. I .,. T'T'. ^~,...... ,............. -...- --...... OCT 30 '03 14:03 PRGE.01 ( October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5,2003 ITEM NO. 3-~ REQUEST Hold Harmless Agreement for Participation in Activities and/or Use of Facilities with Joint School District 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: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Agreement ~ Ov1~rrr e <P~~.IP~ (01 ./ ILCV~ $,ot()IfJ ~~ ~lD 10 (~~ vY' ~ ~~ ~ ~V;~3 (!~cdh~ ~V ~ 11.-0 LiVVL Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( ( 1 APPENDIX C Policy Code No. 1003.20 ~ JOINT SCHOOL DISTRICT NO.2, Meridian 911 Meridian Street, Meridian, Idaho, 83642 (208) 888-6701 HOLD HARMLESS AGREEMENT FOR PARTICIPATION IN ACTIVITIES AND/OR USE OF FACiliTIES Joint School District No.2 is frequently requested to cooperate with other agencies in promoting youth activities. Occasionally such cooperation poses possible liability exposures to the district. This agreement provides assurance to Joint School District No.2 that the cooperating agency agrees to accept the additional liability risks, and to defend and hold the district harmless in case of claims arising out of the identified activity. Such activities include, but are not limited to, ski trips, field trip activities, and rental or use of school facilities and grounds. 8 A. INDEMNITY C-i~ 0+ Men-c:lfa.,n. , shall defend, indemnify and hold harmless Joint chool District No.' 2, all of Its officers, agents, employees, the State of Idaho, and its political subdivisions from and against any and all demands, suits, actions, claims, loss of damage of any kind, character of description, whether or not meritorious, and by whomsoever made or caused, in any manner arising out of or accruing (by reason of or in relation to any act or omission of Ci ~ cf t\.I\.e..vi d.r,VJ , its agents, servants or representatives, or any occurrences, incidents, 'or injuries connected with the activity, ~ M~cttcvf'") B. LIABILITY INSURANCE AND DAMAGE Prior to the activity, ci -tv. ~f MCMclldk'l shall procure and prepay all premiums on a compreherk~ general liability insurance policy issued by an entity licensed to engage in the insurance business in Idaho. Said policy shall contain standard liability insuring agreements naming the Owner as an additional insured with . The limits of said policy shall be not less than the following amoonts: $300,000.00 for injuries to, or wrongful death .of, anyone person in any one (1) accident; .) $1,000,000.00 for injuries to, or wrongful death of, all persons in anyone (1) accident; $100,000.00 for damage to, or loss of property' in anyone (1) accident. '" APPENDIX C Policy Code No. 1003.20 Page 2 of 2 1 ( Ci'~ Df NOY1~(.h(.Lh shall furnish to Joint School District No. 2 a certificate of insurance at least five (5) working days prior to the activity. Said certificate of insurance shall show compliance with this paragraph and give ten (10) days prior notice of cancellation to Joint School District No.2. 6'~ cf Me,yfc{l tLh shall be primarily responsible to Joint School District o. 2 for any and all damage of any nature and by whomsoever caused to Joint School District No. 2 property arising out of the aforementioned activities but not limited to, any consequential damages Joint School District No.2 may suffer because of loss of use of school facilities. C. NON-ASSIGNABILITY This Agreement is not assignable by C{tvJ ct fVl~~clLa.-{1 express and written consent of Joint Scho'@tDiStnct No.2. without the D. MISCELLANEOUS ~ This Agreement shall be construed pursuant to the laws of the State of Idaho. It is agreed that the State of Idaho is the place of the formation of this Agreement and that this Agreement constitutes the whole of the parties' understanding and may not be modified except as provided herein or by a writing signed by each party hereto. The individual signing below as an officer or a representative warrants that he/she has the actual authority to sign this Agreement on behalf of the cooperating agency. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on this 2-( day of 0 c.h beN- , 2015 Cooperating Agency: &1' III u/dtt0-J Owner: ~ By: Authoriz /tt Inrhr Joint School District No.2, Meridian , 1 ! \ APPENDIX A .........-/ AGREEMENT FOR USE OF PUBLIC SCHOOL FACILITIES Date; oJo~V' 27 , 20 63 ~~n~~~ ~3 / 7ct'u FLP /fvvE r (Hereinafter called RENTER) ~/"d/CI/yt/ / () f?~bfz- Public school facilities are hereby rented to the RENTER according to the following schedule and terms: 1. Date fee. ll~chtd Place WMs ~~rf) between the hours of t:,~ 'xJ and ep;;,o (~ i-If)) Equipment to be made available to the RENTER by the OWNER: Check facilities and specify rent to be paid in the space below Joint School District No.2 911 Meridian Street Meridian, Idaho 83642 (Hereinafter called OWNER) & 2. 3. G mnasium Multi-Purpose Room Cafeteria (only Cafeteria wlkitchen Auditorium $ $ $ $ $ Custodial Fee De osit-Outdoor other $ $ $ 4. , f ~ ven.j~j @ $ \1...0 Ie i./f.r; ")" Special conditions of the agreement: $'( 7 ~ a. Any damage to the building or equipment caused by the RENTER will be repaired or replaced at the expense of the RENTER~ b. Adequate adult supervision will be present at an times. c. Additional personnel service, if required, will be paid by the RENTER in addition to the rental fee at current per hour rates. d. No equipment other than that specified In Item #2 will be furnished to the RENTER without prior approval of the principal. e. If the building being rented is not properly cared for, the building prinCipal retains the right to break the contract. f. First aid stations or other special seJVices needed for the safety and welfare of the group will be provided by at the expense of the RENTER. g. No smoking will be allowed on any school property. h. No food or beverages wi,I' be allowed except in designated areas. \ Total Fee Charged $ 0_/ ~'- .,/ 5~ Payment by the RENTER will be made prior to using the facility unless other arrangements have been made with the superintendent~ IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, \,\\\\\~~I~~~~IIIIII/ THE DAY AND YEAR AS WRITTEN ABOVE. ",,~,,\..f. ~!)4 ///'/ · K ~' POR-4 ~ '?f;~_ By OWNER By RENTER: 2 ~0 1.(0 % (Principal/Superintendent) (~U~hOri2 resen!ativ) QEAL j C r J:J e7&- ~ rqJ" .e.~ :: Form update: 9/17/01 ~)~ved 6:; C;IyCGJ~ I ~tJ3 "OJ!;> .2 . -' .-;,. --n Un --(" ...0 " i<J a/V€A- iJ.e n&(. /Yt.Cj "/ l() \,) r 1 S \ ~ ~ $ r H'.. -./ '/ :.<J 0'?- " /JileJfed r dr~~..-6,!k.-)'lfJf?UNT'l ,"~\\,'3'"'' "'(;:;ti ~~~\\\. OCT 30 '03 16:53 8985501 PAGE. 02 ( ( October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5, 2003 3-h{ ITEM NO. REQUEST Public Pedestrian Easement Along Ridenbaugh Canal for EI Dorado Business Campus: Joint School District 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: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER:~ See Attached Easement ~ (jJ1T {O Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( To: Anna Powell From: Brad Hawkins-Clark '''b\C Date: October 21, 2003 Re: Public Pedestrian Easement for EI Dorado Business CampuslRidenbaugh Canal ~~-o C~\. 'Y:w~ ~ \\ 'l\\\\~ ~rc\ .1\'3-11- v ~\V-~. ce. ,,~e O{l\. 0).- ..'b ....\.'\.i C\.e). "6\t~ I'm attaching an original, signed copy of an easement that was submitted to us by W.H. Moore Co. today. The easement establishes a 20-30 foot wide permanent pedestrian pathway easement on the south side of Bonito Subdivision (EI Dorado), which was a condition of the Bonito Subdivision final plat. I have reviewed the terms with the Jeff Moore, Bill Nichols and Doug Strong and we are all in agreement with the proposed languagew If you are in agreement, please place the easement on the next available City Council consent agenda for the mayor to sign on behalf of the City. I O~. ~ IO/1,'i 0> Thanks. ( Date: GRANT AND DECLARATION OF EASEMENT OC/~tey 2-1 241)3- ( 1. GRANT AND DECLARATION. Kimball Properties Limited Partnership, an Idaho general partnership ("Grantor Declarant"), is the owner of the property comprised of all of Lots 1 through 7 in Block 1 of Bonito Subdivision, according to the official plat thereof as filed in the records of Ada County, Idaho (IJPropertyn). Bonito Subdivision is also known as EI Dorado Business Campus, and is referred to herein as the Project. Grantor Declarant hereby grants to the City of Meridian, Ada County, Idaho ("Grantee"), a permanent pedestrian pathway easement upon the following terms, and hereby declares that the Property is and shall be subject to the mutual easements and covenants contained herein, which shall run with the land and each estate therein and shall forever be binding upon and inure to the benefit of all persons and legal entities having or acquiring any interest in the Property or portion thereof. 2. EASEMENT AREA. The Easement Area is comprised of (a) a strip of land 20 feet wide parallel to, and offset to the north by 45 feet from, the southern boundary of Lots 1 and 2 in Block 1 of said subdivision; and (b) a strip of land 30 feet wide parallel to, and offset to the north by 50 feet from, the southern boundary of Lots 4 through 7 in Block 1 of said subdivision, as shown on Exhibit A hereto. 3. PERMITTED USES. The Easement Area shall be used as a landscaped pedestrian pathway, and Grantee shall be permitted to make the pathway available to the public without charge, subject to the provisions of Idaho Code 936-1604. Permitted uses of the pathway are limited to walking, jogging and riding bicycles; no non-hum an-powered vehicles or devices shall be allowed, provided that access by handicapped persons using motorized wheelchairs or comparable equipment is permitted. Permitted uses do not include horseback riding, or the use of motorized vehicles except as necessary for access by law enforcement and emergency personnel, or for construction, maintenance or repair of the pathway and related improvements. Each lot owner shall have the full right of ownership to that portion of the Easement Area lying within its parcel not inconsistent with the terms hereof. 4. INITIAL IMPROVEMENTS. Grantor Declarant shall at its cost construct an asphalt pathway and landscaping as required by the City of Meridian. Such improvements shall be completed prior to issuance of the first occupancy permit for any building south of Copper Point Drive or by the opening of the future City Park located west of Bonito Subdivision, whichever occurs first. 5. MAINTENANCE. The City of Meridian shall at its cost maintain the asphalt pathway in good condition, and the EI Dorado Owner's Association ("Association"), as established pursuant to the Declaration of Covenants, Conditions and Restrictions for EI Dorado Business Campus ("Restrictive Covenants"), shall at its cost maintain the landscaping within the Easement Area in good condition as provided in the Restrictive Covenants. 6. ENFORCEMENT. This Easement may be enforced by the City of Meridian, Grantor Declarant, or the Association. This space intentionally left blank. GRANT AND DECLARATION OF EASEMENT - Page 1 ( 7. TERMINATION, AMENDMENT. This easement may not be amended or terminated except in writing signed by the City of Meridian and the Association. There is hereby reserved in favor of the Association the right to maintain the Easement as a private easement in favor of its members in the event of the abandonment or termination of the Easement by the City of Meridian. City Council approved on: 11"- ~--(J3 State of Idaho ) ) 55. - 7~ &.... County of Ada ) ~ ~ ~..I~ ,C5 0 $ ~ (:) \) /1S\ ~ 0 ~ ~ f\ \J _ C _ _ ~ ~ ~' "- On this ~ \ -- day of ~ , 2001; 15.'~r,~'f1f'. t~\l,lRdersigned, a Notary Public in and for said State, personally appeared Winston H. Moorei;.~r6J~,9! ,<?r.icfentified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he I duly acknowledged to me that he executed the withi instrument on behalf of said partnership and that said partnership executed the same. o ' ~\,\\\''''UII'",1. )d~ #'\-~t-. S. G1Ps!f",,- ~ ~ ............. ~ ~ ~ ... ... \. ~ .. ~OTARY.. ~ = : ~ : =*: .... :*= - . . - - . . - ~ ... PUBLIC .:. j ~ .... .-- ~ ~...,.. .. ~ ~ J7j .....~~ ~~ ~~/~ ~1EOF~:~"" ~II",", tlt"\\'\~ SEi\L Not~ry Public fO~ /J 11 A Residing at J ~~ Comm Expires q - 2- ~ - CJ 9 State of Idaho ) ) 5S. County of Ada ) On this S+"'- day of NDv'-e'VVL~, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared~bEl~~ft~d William G. Berg, known or identified to me to be the /d:j~~{l.c:J ~MQyor and City Clerk, respectivey~t CI yo eridian, Idaho, and they duly acknowledged to me that )(t''0.c\);vI..:l they executed the within instrument on behalf of the City of Meridian, and that the City of Meridian executed the same. . . . . .. ....ON S -.. ...~~-TAN*. .~, ~ 0 - ~J:.. '".,<\. .".) I ~. \:-r- . I \ . . , I · . : . . . , , . . \ / . .. \, , . · "II" ~- "(e ,'0.. . &").. '-: U.tfi."J,; ...~~ . .."~";'--"'~~. . . -l .0 OF 1J.I: . · ......... ~hu/lrn ~+h Notary Public for Idaho Residing at .4c;&r [ObJ/vl 'f:i,l-- Jd~tL, c Comm Expires Lf - 2g.:-'nS GRANT AND DECLARATION OF EASEMENT - Page 2 ( 5Q' 30' 1 It eo r I~ r 0 -...j () ^ r N ~ co r c.o I ~ ,~ ~~ /. r- ~ ,~ m ~-- ...... ~~ /" ............. / '/ 0 Z~ ...... ...... )>/ ~ ,~ r r- ~ 'x 01 01 ~ IN / ~ m \ >< \ \ I r OJ \ .J::.. -I :t> r .J::.. OJ \ r 0 0 ^ I\.) ~t W.H. MOORE COM PAN Y Real Estate Development c:: 600 N STEElHEAD - #144 PO BOX 8204 BOISE IDAHO 83707 TEL 208-323-1919 FAX 208-323-7523 r N c:: EAGLE RD RIDENBAUGH PATHWAY EASEMENT AT EL DORADO BUSINESS CAMPUS 08-20-03 ~ ( October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 5, 2003 3-11 ITEM NO. REQUEST Approve Bills: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: v~ ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. /" { October 31, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Police Department Department Reports November 5, 2003 ITEM NO. L.j - A -I REQUEST Discussion of Officer Ballistic Vests: AGENCY COMMENTS CITY CLERK: See Attached Email from Chief Musser CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: . .c yY''--' J . J~{UV ~1 01 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Sharon Smith From: Sent: To: Subject: Bill Musser [musserb@meridiancity.org] Thursday, October 30, 2003 10:02 AM 'Sharon Smith' RE: DRAFT Agenda for Wednesday Nov 5, 2003 City Council Hi Sharon, 1 have at least one item for Nov. 5. 1 need to make a report to the council on the status of Meridian PO officer ballistic vests. We have 6 of the unsafe Second Chance brand vests currently in use. This could either be a pre-council item or a department report. 1 am in the process of obtaining more information and working with Boise PO on the issue. Thanks, Bill -----Original Message----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Thursday, October 30, 2003 8:35 AM To: Anna Powell (E-mail); Bill Musser (E-mail); Bill Nichols (E-mail); Brad Hawkins-Clark (E-mail); Brad Watson (E-mail); Bruce Freckleton (E-mail); Craig Hood (E-mail); Diane Stewart (E-mail); Doug Strong; Elroy Huff (E-mail); Gary Smith (E-mail); Jessica Johnson; Karie Glenn (E-mail); Kenny Bowers (E-mail); Kristy Vigil (E-mail); Len Grady (E-mail); Marlene St. George (E-mail); MayorsOffice; Pauline Skeggs; Reta Cunningham; Rick Clinton (E-mail); Sonya Allen (E-mail); Stacy Kilchenmann; Steve Siddoway (E-mail); Tara Green; Wendy Kirkpatrick (E-mail); Will Berg Subject: DRAFT Agenda for Wednesday Nov 5, 2003 City Council <<03Nov05.doc>> Wednesday meeting next week -- Comments, Additions, Rec's? 1 don't have a pre-council agenda (yet). Thanks! Sharon Smith Meridian City Clerks Office Ph. 888-4433 ext 210 1 /- ( CITY OF MERIDIAN ORDINANCE NO. 03- I CJ fi 5 BY: /3// I fial-3 AN ORDINANCE AMENDING THE SIGN CODE FOR THE CITY OF MERIDIAN, IDAHO, SPECIFICALLY AMENDING SECTIONS 3,4,5,6, 7,8, 9,10, 11, 12, 13 AND 14 OF CHAPTER 14, TITLE 11 OF THE MERIDIAN CITY CODE; PROVIDING FOR APPEALS, CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 3 Chapter 14 Title 11 of the Meridian City Code, be, and the same is hereby amended and shall read as follows: 11-14-3 DEFINITIONS: ABANDONED SIGN: A sign which no longer serves to advertise a bona fide business, lessor, owner, or activity conducted or product available on the premises where such sign is located. ALLEY: A public or private way with an improved driving surface of not less than sixteen feet (16') nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. Amended Sign Ordinance Page 1 of 50 ANIMATED SIGN: ARCHITECTURAL BLADE: AWNING: AWNING SIGN: BACKGROUND AREA: A sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene" regardless of the source of energy causing the animation; except signs performing a public service function indicating time, temperature, stock market quotations or similar services. Roof sign or projecting sign with no legs or braces which is an integral part of the building structure, rather than an object added to or standing on the building. Any decorative dimensional shape projecting from the exterior surface of a building, constructed of a supporting framework and covered with non-rigid materials. The copy area or separate background areas attached to an awning. To be computed as a wall sign when awning is parallel to the wall. The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. When computing the area of sign background, only the face or faces which may be seen from one direction at one time shall be considered. Amended Sign Ordinance Page 2 of 50 ( ~ BANNER: BILLBOARD: CANOPY: CHANGEABLE COPY PANEL (READER BOARD): CONSTRUCTION SIGN: COPY: ( Any lightweight fabric or similar material, usually with a message attached, that is mounted to a pole, building or other on-site structure. Flags shall not be considered banners. A non-point-of-sale sign which advertises a business, organization, event, person, place or thing and which is typically located adjacent to a state or interstate highway right-of-way. A permanent roof-like shelter extending from part or all of a building face or free-standing and constructed of some durable material. Manual (Readerboard) - A sign on which copy is changed manually. Automatic - A sign on which copy changes automatically. Any sign which warns persons of construction or demolition for a project or which describes the project and indicates the builder, architect or others involved in the project. Any combination of letters, numbers or logos (identifying Amended Sign Ordinance Page 3 of 50 ~ ,.. .. . .-..-.......-...- -"-. : i f I - ! __L; --- _~j'~ 1"'JIC"~c~ COpy AREA: DIRECTIONAL SIGN: FLAG, CONVENTIONAL: FLAG, DECORA TIVE: Amended Sign Ordinance (~-- print) which is intended to inform, direct or otherwise transmit information. The area of the sign occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. A sign which foremost contains words such as "entrance," "enter," "exit," "in," "out," er othor similar "'y'lords or a sign containing arro~,:vs or characters indicating traffic directions and used either in conjunction with such words or separately. Any fabric or bunting containing distinctive colors, patterns, or emblems used as a symbol of a government, political subdivision or other such entity. Any fabric or bunting containing distinctive colors, patterns, or symbols used to communicate business identification and/or attract, distract, hold, direct or focus public attention. Page 4 of 50 ( "~n-a-ntj , FREE-STANDING: GRAND OPENING: HEIGHT OF SIGN: HOLIDA Y DECORATION SIGN: Amended Sign Ordinance ( A sign whose background or copy area is wholly supported by a column(s), pole(s), foundation, pedestal or other support structure in or upon the ground. A promotional activity used by newly established businesses, within 2 months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business. The distance measured vertically from the adjacent street grade as measured from the top of curb (or edge of pavement where no curb exists) to the highest point of the sign or visual appurtenances. The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height. .L'\rchitcctural appurtenances on the sign aro allo".T/od up to 15~~ of tho sign height. Temporary signs, in nature of decorations, clearly incidental to and customarily associated with any national, local or religious holiday. Page 5 of 50 . ~ - ::.;~ . ILLUMINA TED SIGN: LEGAL NON- CONFORMING SIGN: LIGHTING, DIRECT: LIGHTING, INDIRECT OR INTERNAL: MANSARD ROOF: MULTIPLE COPY: OFF-PREMISE SIGN: ( A sign which uses a source of light for illumination. Any sign which does not conform to the requirements of this Code, but which was legally erected prior to the adoption of this Code. Lighting, the source of which is visible to a viewer and/or which is reflected from the surface of a sign or building. Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the VIewer. A sloped facade architecturally able to be treated as a building wall. That part of a sign which advertises or bears information not related to the name of the business or the principal product or service being provided on the premises, and may not comprise more than thirty percent (30%) of the total copy of the sign. A sign which is not related to the property upon which it is located or to the activity being conducted thereon. Amended Sign Ordinance Page 6 of 50 ~'I/iC/! II- ..JUNIOR , · · HIGH SCHOOL ORIENTATION: PENNANT: PERMANENT SIGN: POLE COVER: PORTABLE SIGN: Amended Sign Ordinance ( The placement of a sign in accordance with its primary visibility from a particular location. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. The display of a single pennant, unattached to another, may be regarded as a type of decorative flag. Any sign intended and constructed to be long term in nature. Decorative structure or treatment that encloses the support structure of a free- standing sign. Any sign not permanently attached to the ground or other permanent sign or structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; "T" frame signs; sandwich board signs; inflatable signs; hot air balloons; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is primarily used in the normal day-to-day operations of the business other than that of advertising. Page 7 of 50 ( . PROJECTING SIGN: A sign other than a wall sign, which projects from and is supported entirely by a wall of a building or other structure. PROJECTION: PROMOTIONAL SIGN: PUBLIC SERVICE INFORMATION SIGN: READERBOARD: REAL ESTATE SIGN: REVOLVING OR OSCILLA TING SIGN: Amended Sign Ordinance The distance by which a sign extends over public property or beyond the building line. A temporary sign to promote the sale of new products, new management, new hours of operation or a new service. A sign which provides general public service information such as time, date, temperature, weather, directional information and other non-commercial messages of interest to the traveling public. See "Changeable COlJV Panel" defmition. Any sign pertaining to the sale, lease or rental of land or buildings. Any sign that incorporates movement of the structure or any portion thereof. Page 8 of 50 ( I A4-:>,"Ts<:..:no...l I ~ ROOF SIGN: SCROLLING: SIGN: SIGN STRUCTURE: STREET FRONT AGE: STROBE LIGHT: Any sign mounted on the roof of a building, roofbeing defined by the Uniform Building Code. A mansard roof is treated as a wall. Text or graphics'! usually as part of an electronic readerboard'! that moves up or down or across a display screen in a consistent and predictable manner. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. Any structure which is specifically designed to support a sign, including decorative cover. Distance measured along the property line, which fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. An attention-getting device which emits a repetitive light independent of'! or as part of'! a sign. For the purposes of this Code'! a strobe light shall not be considered an animated sign. SUBDIVISION A permanent structure intended Amended Sign Ordinance Page 9 of 50 IDENTIFICATION SIGN: to identify a subdivision that incorporates design elements and building materials consistent with the architecture and theme of the subdivision buildings and features. "SUPER" GRAPHICS: Any abstract mosaic, mural, painting, graphic art technique or any combination thereof that does not contain any COPy'! business logo or other visual elements intended to advertise. TEMPORARY SIGN: Any sign not permanently mounted or secured, displayed solely for short-term announcement, message or advertisement and for infrequent and limited time periods. (See Section 11-14- 7.A. and Section 11-14-9. H. for specific terms). UNDER CANOPY SIGN: A sign suspended below the overhang or roof of a canopy. VISION TRIANGLE: The boundaries of an area at the intersection of two (2) public roads or the intersection of a public road and driveway designated for the purpose of public health and safety. For two (2) public roads, the area is defined by measuring from the intersection of the edge of pavement a distance of 40 feet (40') along each road. For a public road and driveway, the area is defined by measuring from the intersection of the Amended Sign Ordinance Page 10 of 50 WALL AREA: WALL SIGN OR FASCIA SIGN: WINDOW SIGN: Amended Sign Ordinance (---- property line adjacent to the roadway and the comer of the driveway twenty feet (20') along the roadway and ten feet (10') along the driveway. Wall area is defined as the total square footage of an exterior wall and determined bv multiplying the total lineal elevation of the building (or the leased portion thereot) by the distance from the roof line to pedestrian grade. Any sign which is attached, erected or painted on the exterior wall of a building with the exposed face of the sign parallel to the walL Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Page 11 of 50 II:L l.)..l\~-A..'1. ( SECTION 2: That Sections 4.A., 4.C., 4.D., 4.F., and 4.H.Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended and shall read as follows: 11-14-4: PROCEDURES: A. Permits Required: Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit through the Planning & Zoning and Building Departments. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accordance with this Code, provided that the sign or sign structure is not altered in any way. All signs must comply with the applicable provisions in the current version of the Uniform International Building Code and Uniform Sign Code as adopted by the City of Meridian. Additionally, signs containing electrical wiring shall be subject to the provisions of the Electrical Code. Electrical permits shall be obtained for all electric SIgnS. Every sign permit issued by the City shall become null and void if erection or construction on-site is not commenced within one (1) year from the date the permit was issued. If work authorized by such permit is suspended or abandoned for one year any time after the work is commenced, a new permit shall be obtained. B. Application for Sign Permit: Application for a sign permit shall be made to the Plalll1ing and Zoning Department and shall be accompanied by such information as may be required to assure compliance with the Uniform Sign Code and all appropriate regulations of the City. The City may impose more strict standards than these regulations if the proposed sign is determined to exceed what is necessary for adequate identification. At a minimum, the sign application shall include the following information: AU Sign Types 1. Scaled architectural details and building elevations. 2. Complete text to appear on sign (business name, logo, sub-titles, etc.), including size and lettering style. 3. All sign dimensions (including base, wall area, background area). 4. Construction materials. 5. Sign and lettering colors. Free-Standing & Planned Sign Programs 1. Landscaping details for sign base area. Amended Sign Ordinance Page 12 of 50 { ( 2. Site Plan information (location of buildings, parking lots, driveways, overhead power lines, right-of-way lines, etc.). .1. An accurate indication on the Site Plan of the proposed location of each present and future sign of any type (incidental signs need not be shown). 4. Any signs on contiguous, shared-frontage properties within 25 feet of proposed sign(s). ~ Other information as required by the Zoning Administrator. c. Conditional Use Permit Sign Requirements: .1:'\11 de~./elopment applications that require a Conditional Use Permit (in accordance 'y~/ith Title 11, Zoning Ordinance) must submit the follo'y'l/ing sign details 'yvith the Conditional Use application. 1. Sign type (i.e. single free standing, Center sign). 2. 1faximum bnclcground area. 3. Proposed sign height. 1. Proposed sign location. If the Conditional Use Permit is appro~./ed, a standard sign permit application (per subsection B. abo~./c) must be submitted \vhich demonstrates compliance 'lyvith the appro"'/ed Conditional Use Permit. B.C. Fees: Fees for sign permit applications shall be determined by and paid to the Building Department at the time of sign permit issuance. Fees for temporary sign permits shall be paid to the Planning and Zoning Department. E-:D. Permission to Install: No person shall erect, construct or maintain any sign upon any property or building without the written consent of the owner or authorized representative of the owner. ~E. Issuance or Denial: Except in the case of an off-premise sign, the Zoning Administrator shall, within ten (10) working days of receipt of a complete application, issue a permit for the erection, alteration, or relocation of a sign within the City. When an application therefore has been properly made, a specified fee paid and upon the finding that the sign complies with all appropriate laws and regulations of the City, the Director Administrator shall approve the sign. The Director Administrator shall deny an application for a sign which does not comply with all appropriate laws and regulations of the City and shall give a written notice of the denial with the reasons for such denial or the conditions placed on the application by Planning & Zoning Commission or City CounciL The Director Administrator shall, in writing, suspend or revoke permit when it is found that the permit was issued on the basis of fraud or misstatement of fact. Amended Sign Ordinance Page 13 of 50 f f:hF. Effect of Issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. K-G. Inspection Markings: All permanent signs regulated by this Ordinance shall be marked with the sign permit number. This marking shall be permanently placed on the exterior face of the sign or the support structure in a location where the information will be readily visible, legible, and accessible for inspection after installation and erection. All temporary signs regulated bv this ordinance shall attach the permit issued bv the Planning and Zoning Department to the temporary sign in a visible manner and accessible for inspection. SECTION 3: That Sections S.D., 5.1, and 5.K.Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended and shall read as follows: 11-14-5: GENERAL PROVISIONS AND REQUIREMENTS: The following requirements shall apply to signs in all zoning districts: A. Abandoned Non-Conforming Signs: Except as otherwise provided in this Code, any sign located on property which pertains to a time, event or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. A non-conforming abandoned sign is prohibited and shall be immediately removed upon notice by the City or brought into full compliance by the owner of the sign or owner of the property. B. Abandoned Conforming Signs: Except as otherwise provided in this Code, any sign located on property which pertains to a time, event or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. Conforming abandoned sign structures may remain. However, the business name panels shall be removed immediately. Such signs must be maintained in an aesthetically-pleasing manner according to the standards in Paragraph C of this section. C. Sign Maintenance and Repair: All signs shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Nothing in this code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a state of good repair. Maintenance requirements include, but are not limited to, the following situations: Any metal pole covers and sign cabinets shall be kept free of rust and rust stains; any internally illuminated sign cabinets or sign panels which have been damaged shall remain unilluminated until repaired; all abandoned signs shall either install blank: opaque panels Amended Sign Ordinance Page 14 of 50 ( or reverse the existing panels to avoid exposing any internal illumination; any signage which has been damaged to such extent that they may pose a hazard to passersby shall be repaired or removed immediately. D. Blanketing of Signs: No free-standing sign in Ufl)r zono shall be erected in the same horizontal plane with other signs unless spaced at least 25 ft. apart. E. Signs Adjacent to Residentially Zoned Areas: Any sign or structure located on a lot which is adjacent to a residentially zoned lot shall be set back so as to meet the side, rear and front yard setback requirements of said adjoining residential district if such residential setback requirements exceed those of the commercial district. In any event, no sign surface or area facing the side or rear lot line of an abutting residentially zoned lot shall be located within fifty feet (50') of such side or rear lot line. Flashing and/or animated signs shall be prohibited within one hundred feet (100') of any residentially zoned property. Distance shall refer to the linear measurement in either direction on the street to which the sign faces only. No sign shall be designed or located such that more than one-half (~) footcandle of light fall occurs at ground level at the property line of residentially zoned property. F. Clear Vision and Sight Triangles: Signs shall not be permitted in the sight triangle as defined, interpreted and applied by the Ada County Highway District and the City of Meridian, as defined in this Chapter, except at a height of less than three feet (3') and greater than ten feet (10') to the bottom of the sign display surface or sign area. Sign structures above three feet (3') in height having a projected width of greater than one foot (1 ') shall not be permitted in sight triangles. Under unusual circumstances, the Zoning Administrator may modify the dimensions and restrictions of a sight triangle at a specific location, based on technical expertise as may be offered by the Ada County Highway District. G. Signs for Non-Conforming Uses: Signs and sign structures erected for legal non- conforming uses as defined in Title 11, Chapter 5 of the Zoning Ordinance are accessory to the main use. Such signs may not be enlarged, altered, or relocated without securing the approval of the Zoning Administrator. H. Street-Ground Elevation Differences: If a street elevation to which the sign is oriented is more than the grade elevation at the base of the sign structure, then the street elevation shall be used in determining the permitted height of signs erected upon the ground. This provision shall apply only to free-standing signs. I. .L\nimation Readerboards: Automatic 1. Animation and/or automatic readerboards is are prohibited on all signs in Residential, L-O, C-N, C-C and T-E zoning districts. Amended Sign Ordinance Page 15 of 50 2. In C-G and I-L zoning districts, animation is allowed for a maximum ofW thirty percent (30%) of the sign background area. Sign StruCtui"6S may not mO'V6. Public middle school and high schools shall be allowed one (1) on-premise, animated sign where the animation is a maximum of W thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. 3. Direct light sources shall not exceed 40 watts or 60 milliamps. No lJart of the sign structure shall physically move. No part of the sign shall flash or strobe. Flashing and/or aAnimated signs shall be are prohibited within one hundred feet (100') of any residentially zoned property. 4. All animated signs that are visible from a -public roadway shall be programmed as follows: a. Text messages that are no longer than the display area and do not contain any graphics shall scroll in a consistent and predictable malUler" per Section 11-14-2. b. In all other text displays (letters and/or numbers)" the display shall remain unchanged for a minimum of five (5) seconds" including unchanged color and brightness. J. Separation Requirements from Utility Power Lines: Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electric Safety Code specifications, as reviewed and determined by the local power company. Applicants are required to contact the local electric company before erecting a sign nearer than twenty-five feet (25') of electric power lines. No sign shall be placed within a power line easement without approval of the holder of such easement. K. Design: All P,Qole support structures shall al'C,.~/ays be constructed with pole coversea. Covering shall be designed to fully enclose the pole(s). Paint or wraps shall not be permitted types of covering. Special decorative elements such as sculptured metal" wrought iron or other aesthetically pleasing materials that are incorporated into the support structure design and do not fully enclose the structure may be allowed" as determined by the Zoning Administrator. Such sign support structures shall meet or exceed the intent of this ordinance. Signs shall incorporate design and building materials that complement the architectural theme of the building for which the sign identifies. For permanent signs" architectural appurtenances or other decorative elements that do not contain copy are allowed u-p to a maximum of fifteen percent (15%) of the zoning district's allowable sign height. Amended Sign Ordinance Page 16 of 50 ( L. Landscape Base Requirement: All free-standing signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. If none exists, then a landscaped base as reviewed and approved by the Planning & Zoning Department shall be created as a condition of approval. M. Street Address: All free-standing signs, except as otherwise approved for residential subdivisions, shall include the street addressees) of the subject parcel. The placement of the street address on the sign shall be in addition to any address required to be placed on the building. Numbering shall be a minimum of 3.5 inches tall and be of a contrasting color. Street addresses shall not be included in the calculation for sign background area, except for those portions that exceed five (5) square feet. On multi-tenant signs, addresses shall be dealt with during the Planned Sign Program application. Signs that identify multiple buildings and/or addresses may provide a range of addresses. SECTION 4: That Sections 6.B., 6.F. and 6.G. Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended and shall read as follows: 11-14-6 PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Signs Within Public Right-of-Way Or Upon City-Owned Property. Signs or posters which are within or visible from a public right-of-way and are tacked, pasted, or otherwise affixed to or upon the walls of buildings, barns, sheds, or upon trees, poles (including, but not limited to, power poles), posts, fences, bridges, or other structures, except official public notices posted by a public officer. B. Portable signs, banners, pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, balloons, bubble machines and similar devices of a carnival nature except as may be permitted by Section 11-14-7.A. or Section 11 11 9.H. of this Ordinance. c. Traffic Conflict Signs. Signs which because of color, wording, design, movement, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic. D. Signs which emit any sound, odor or visible matter. E. Abandoned Non-Conforming Signs. (See Section 11-14-5 A) F. Roof Signs. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the highest portion of the roof. Amended Sign Ordinance Page 1 7 of 50 ( ( G. Vehicle Signs. The parking of any vehicle or trailer on either public or private property,,- "y'r/hich is "visible from u publio right of v/u:y any part of which is located within 35 feet of a public right-of-way"\ and which has affixed to it a sign which is intended to attract or direct customers to a business on or near the property is prohibited. This is not intended to apply to standard ad"/ertising or identification practices where SHeh advertising displays are painted on or permanently attached to a business or commercial vehicle which is actively being used by the business. H. Strobe lights. I. Off-premise signs, except as permitted and defined in Sections 11-14-7.A.4, 11-14-9.E. and 11-14-9.J. SECTION 5: That the title to Section 7 Chapter 14 Title 11 of the Meridian City Code, be, and the same is hereby repealed and re-enacted to read as follows: 11-14-7 SICNS FOR "'HIeR .LA.. PERl\tIT IS NOT REQUIRED TEMPORARY SIGNS: SECTION 6: That Section 7.A. Chapter 14 Title 11 of the Meridian City Code, be, and the same is hereby amended and shall read as follows: A. Temporary Signs Not Requiring a Permit: The temporary signs listed below do not require a permit, provided that the construction, placement and use of the temporary signs are in conformance with Sections 11-14-6. and 11-14-7 of this Ordinance. (See Section 11-14-9M. 7 .B. Regulation of Sign T)1Jcs, for other standards related to temporary signs requiring a permit.) General Terms: Unless otherwise specified by this ordinance, temporary signs may be displayed on a property for a maximum of thirty (30) days per year. Temporary signs shall be removed upon expiration of the allowed or permitted display period. Any temporary sign with a background area over thirty-two (32) square feet requires a permit and will not be regulated under the terms of Section 11-14- 7 .A. All temporary signs must be securely fastened and erected in a manner that does not create a potential hazard of any kind. No temporary sign shall be illuminated. Amended Sign Ordinance Page 18 of 50 ( ( 1. Construction signs, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. The maximum baclcground area of construction signs is 32 s.f. 2. Holiday decoration sign. Such decorations may be of any type, number, area, height, illumination and animation. (See definition in Section 11-14-3.) 3. Portable signs, balloons displayed below the free-standing sign height allowances per zoning district, banners, and decorative flags may be used only for the following events: (1) drives and events of civic, philanthropic, educational or religious organizations-,- and (2) grand openings. Galy One (1) "Grand Opening," "Going Out of Business" or similar tyPe sign shall be permitted for the life of a :QIT..business at the same location for a maximum of sixty (60) days. A subsequent "Grand Opening" sign may be permitted when business ownership has transferred to a new owner. Changes in business hours" management" location or similar type operation changes are not permitted under this section and shall be regulated under Section 11-14-7.B.5. 4. One (1) real estate sign per frontage on any lot or parcel provided it is removed within seven (7) days after the sale, rental or lease of land or buildings has been consummated. For residential sale properties, one directional sign per real estate company shall be permitted per subdivision entrance, but shall be located only upon common lots~ o',:'lncd b~y the Homeo'"vner's .L^...ssociation. No other off- premise real estate signs" including: new subdivision marketing signs" are permitted. 5. Temporary window signs (prohibited in residential zones) provided that the temporary signs shall not exceed twenty-five (25%) of the window area, and the combined total copy area of temporary and permanent window signs shall not exceed fifty twenty-five percent (~25%) of the total window area per building elevation. 6. Hand held signs. 7. Public notices posted by public officials or authorized applicants in the performance of their duties. 8. Residential Yard / Garage / Estate sale signs: Display is not to exceed one day prior to the date of the sale with removal within 24 hours following the last day of the sale. Such signs may be of any number and type, provided that each sign does not exceed 12 square feet in area. Amended Sign Ordinance Page 19 of 50 (f 9-: Promotional Signs (as defined in Section 11 11 3) \vhen used ",:vithin tho follo'yving guidelines: (n) The follo\ving types oftcmporar)r promotional signs may be used: "~^.." and "T" frame signs, balloons displa~ycd bolo\'/ the froc standing sign height allo"y';ance per zoning district, banners, docorati\/e flags and 'y';indo\v signs. (b) ~^.. maximum of one (1) promotional sign, ex~cluding an)r 'y',indo\v signs, may be displayed per business at an)r one time. ( c) The background area (size) of a promotional sign may not exceed 16 squaro feet:. (d) Temporary promotional signs may not be attached to the support structure of a . free standing sign, and must compl)r "y'/ith the pCffilanent sign setback requirements. -l-G-: 2.:. Political or Campaign Signs. a. In Residential or Limited Office districts, one or more non-illuminated, temporary signs are permitted per lot for each candidate or issue on behalf of candidates for public office or measures on the ballot, provided that: 1. The property owner grants permission for the erection of the sign. 11. Campaign signs shall be erected not earlier than sixty (60) da)rs prior to the election at 'l/hich time the candidatos or measures "y,rill be '/oted upon and shall be rcmo~./cd \',ithin ton (10) days after such election. Hi-: No such sign shall be located closer than two feet (2') to any property line unless attached to a building. b. In Commercial and Industrial districts, one or more temporary signs are permitted on a lot for each candidate or issue on behalf of a candidate for public office, or of a measure on the ballot, or announcing a campaign, drive or event of a civic, philanthropic educational or religious organization or nature, provided that: 1. The property owner grants permission for the erection of the sign. Amended Sign Ordinance Page 20 of 50 ( ( 11. -L^,ll)r such signs shall be erected not earlier than sixt)r (60) days prior to the election, campaign or c'"/ent and shall be rcmo'ved ",.T"rithin tcn (10) days after such election, campaign or eT/cnt. Hi-: No such sign shall be a roof sign. c. Political or campaign signs are prohibited on all public property including but not limited to rights-of-way, parks, schools and public buildings, unless as specifically allowed in writing by the public entity having jurisdiction of those properties. SECTION 7: That Section 7.B. Chapter 14 Title 11 of the Meridian City Code, be, and the same is hereby repealed and re-enacted and shall read as follows: B. Permanent Signs: The folloT,ying pcrmanent signs arc allo'y"'/cd 'fyT/ithout a permit: 1. Directional or Public Scnrice Information signs. 2. ConT/entional flags, emblems or insignia of an)r national or political subdiT/ision or corporation. 3. Governmental signs for the control of traffic or other rogulator~y purposes, or signs of public senrice companies indicating danger, "'yl/hicl1 are crocted by or on tho order of a public officer in the performancc of public dut)r. 1. House numbers and name plates. 5. Interior signs located 'yT/ithin the interior of any building or structure that are not T/isible from the public right of Tyva:y. 6. "No Trespassing" or "}Io Dumping" signs not to cJ(ceed one and one half (1 ;~) square fect in area per sign and not eJ(cccding four (1) in number per lot, eX.copt that special permission may be obtained from the Planning Director for additional signs under pro\ren special ciroomstanccs. 7. ~femorial signs or tablets, names or buildings and date of erection T.,T/hcn cut into any masonry surface or inlaid so as to bc part of the building. 8. Occupant signs not to e)(ceed one for each dTy'vclling unit indicating the name of the occupant, or the location or identification of a homo or professional office except as limited b)r the zoning district encompassing the use. 9. Plaques or nameplate signs of not morc than 1\'10 and one half (2 ;~) square feet in area "yT/hich arc fastened directl)r to a building. Amended Sign Ordinance Page 21 of 50 ( 10. Public signs required or specifically authorized for a public purpose b)r any la"y~/, statuto or ordinance, "y~/hich may be of any type, number, area, height abo~{e grade, location, illumination or animation as required by the la\v, statute or ordinance under "y~/hich the signs arc erected. 11. Historical signs or markers. 11. Symbols or Insignia: Religious symbols, commemorati~/e plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, pro~/ided that no such symbol plaque or identification emblem shall e)cceed four (1) square feet in area, and pro~{idcd further that all such symbols, plaques and identification emblems shall be placed flat against a building. 15. \Vaming Signs: Signs ~y,raming the public of tho existence of danger, of a size as ma)r be necessary, to be rcmo~/cd upon subsidence of danger. Such signs shall not contain ad~/ertising material. 16. .L^J1Y sign '~/hich is oriented only to the propert)r on \~/hich it is located and is not ~/isible from the public right of ~yva)r. 17. .L^A. permit shall not be required for a change of cop)r on an)r sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for ~y~/hich a permit has pro~/iousl)r been issued in accordance ,villi this code, pro~/idcd that the sign or sign structure is not substantially altered in an)r way:- B. Temporary Signs Requiring a Permit: The following signs may be allowed upon issuance of a permit from the Planning & Zoning Department. Signs listed in Section 11- 14- 7 .A., are excluded from these terms and application process. One (1) temporary sign {lermit may be issued per business up to a maximum of stwentv (20) days per permit and up to four (4) times per vear., for a maximum of eighty (80) days per year per business. A minimum of sixty (60) days must lapse between each permit or display of sign. Amended Sign Ordinance Page 22 of 50 An annual temporary permit option may be provided so that a new permit will not be required for each 20-day period. However'! such annual temporary sign permits shall be renewed every year. The temporary sign permit shall be attached to the approved sign in a clearly visible manner. The applicant shall pay the appropriate permit fee'! as adopted by the City Council. .L. Street Banners stretched over public property that pertain to civic affairs and are approved by the Zoning Administrator. a. No banner shall be allowed over public property for a longer period than fourteen (14) days. b. A substantial rove at least one inch (1") in diameter shall be used as the main support for banners and two (2) one-half inch (Y2") ropes shall be used for securing each lower corner. The banner shall have sufficient wind holes. Wire cable'! metallic rope or other material capable of conducting electricity shall not be used to secure the banner. 2. Searchlights that meet the following standards may be approved by the Zoning Administrator: a. The searchlight is used by a business once annually for a maximum period of seven (7) consecutive days'! or for purposes of the grand opening of a new business or a business under new management for a maximum period of seven (7) consecutive days. b. In no case shall the beam of the searcWight flash against any building or sweep an arc greater than forty five (45) degrees from vertical. .1. Balloons and other inflated devices and other temporary signs which exceed the free-standing sign height allowances per zoning district may be permitted by the Zoning Administrator'! provided that such balloons'! devices and signs meet the following standards: a. No more than one such sign or device is allowed per business per year: b. The sign or device is securely fastened'! but shall not be secured or attached to any other temporary or portable sign: Amended Sign Ordinance Page 23 of 50 ( c. No mylar"l electricity or other power-conducting material is used in the construction of the sign or device. 4. Special off-site auto sales signage. .i. Portable seasonal"l special sale"l and promotional signs (as defined in Section 11- 14-3) when used within the following guidelines: a. A maximum of one (1) such sign shall be displayed per business at any one time. b. The background area (size) of such sign shall not exceed 16 square feet. c. The signs shall not be attached to the support structure of a free-standing sign"l and must comply with the permanent sign setback requirements. 6. Portable readerboards. SECTION 8: That Sections 8.B.3., 8.B.4., and 8.C. Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended and shall read as follows: 11-14-8 CLASSIFICATION AND STATUS OF EXISTING SIGNS: Signs in existence prior to enactment of this Ordinance (dated 02/06/01) will fall under one of the three (3) following classifications and be subject to procedures and actions as described. A. Conforming: A sign which conforms to the requirements of this Code. These signs may remain and continue to be governed according to this Ordinance. B. Legal Non-Conforming: Any sign which does not conform to the requirements oftrus Code, but which was legally erected in either of the following circumstances: (1) a valid permit was issued for the sign prior to the adoption of this Code; or (2) the sign required no permit but was a legal sign prior to the adoption of this Code. No temporary or prohibited signs shall be eligible for "legal non-conforming" status. A legal non-conforming sign shall lose its legal non-conforming status if: 1. There is a change of background area constituting fifty percent (50%) or more of the total existing sign background area. A change of face of a single tenant name panel that constitutes less than fifty percent (50%) of the total existing sign background area in a multi-tenant sign except, for readerboards, shall not constitute grounds for modification of a non-conforming sign. Amended Sign Ordinance Page 24 of 50 ( 2. The sign is moved to a position that violates this Ordinance; or 3. The sign cabinet or supporting structure is replaced; or 4. A new or additional sign, including readerboards~ is provided for the business using the non-conforming sign; or 5. There is a change in the use of the property that the sign is located on; or 6. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent (25%) or more of the existing site or building. The amount of alterations shall be cumulative over time; or 7. The legal non-conforming sign has been damaged to the extent of more than 50% of its reproduction value. Upon occurrence of any of the above events, a non-conforming sign shall lose its legal status. Thereafter, the sign owner shall remove the sign within sixty (60) days, unless he/she is able to bring it into compliance with this Code. c. Illegal: Any sign which does not conform to the requirements of this Code and for which a permit was never legally issued and which cannot meet the requirements of a legal non- conforming sign. Illegal signs must be remo""/cd or brought into conformit)r by the propcrt:r OYl/ncr y.vithin siJ( (6) months of the date of the adoption of this Ordinance or ninet:y (90) da:rs after notification from the Zoning .L^~dministrator, '.Y/hichc'/cr is earlier. will be enforced under the provisions of Section 11-14-11. C and Section 11-14-13. SECTION 9: That Sections 9.C. and 9.F.4 Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby repealed and re-enacted, except 9.H is hereby repealed and said sections thereafter shall be re-Iettered, and that Sections 9.E., 9.E.l, 9.E.2.c., 9.E.2.d., 9.F.l., and 9.F.3 Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended and they shall now read as follows: 11-14-9 REGULATION OF SIGN TYPES: [Note: This section should be used in correlation with the sign types listed in Tables A-H in Section 11-14-10.] A. Rent, Lease and Sale Signs: In addition to the provisions of Tables A-H, the regulations in Section 11-14-17.A.4. and 11-14-7.A.8 shall also apply. B. Construction Signs: In addition to the provisions of Tables A-H, the regulations in Section II-14-7.A.l shall also apply. Amended Sign Ordinance Page 25 of 50 ( c. Other Signs: In addition to tho pro"'/isions ofTublcs .LA,.. H, the follo~y"'yTing standards shall apply specificall~y to Directional Signs, ~yvhich are allo~y~/cd ~y~/ithout a permit under Section 11 11 +J3rl. c. Permanent Signs Allowed Without a Permit: 1:. Directional or Public Service Information signs. Directional signs shall be no greater than four (4) square feet in area and no more than four feet (4') in height. Ifbusiness identification is used'! then it shall be secondary in all aspects to the primary use of these signs for directional purposes as defined. 2. Conventional flags'! emblems or insignia of any national or political subdivision or corporation. 1:. Governmental signs for the control of traffic or other regulatory purposes'! or signs of public service companies indicating danger'! which are erected by or on the order of a public officer in the performance of public duty. 4. House numbers and name -plates. 5. Signs located within the interior of any building or structure that are not visible from the public right-of-way. ~ "No Trespassing" or "No Dumping" signs that do not exceed one and one-half (1 'i'2) square feet in area ver sign and that do not exceed four (4) in number -per lot. Special permission may be obtained from the Zoning Administrator for additional signs where hazardous or public nuisance conditions exist. 7. Memorial signs or tablets'! names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. ~ Occupant signs not to exceed one (1) for each dwelling unit indicating: the name of the occupant'! or the location or identification of a home or professional office except as limited by the zoning district encompassing the use. 9. Plaques or nameplate signs of not more than two and one-halfe2 ~) square feet in area which are fastened directly to a building. .lS1. Public signs required or specifically authorized for a -public purpose by any law'! statute or ordinance'l which may be of any type'! number'! area'l height above grade'! location'! illumination or animation as required by the law'! statute or ordinance under which the signs are erected. l.L. Historical signs or markers. Amended Sign Ordinance Page 26 of 50 lb Permanent window signs (where such signs are allowed)'! provided that permanent signs shall not exceed twenty-five percent (25%) of the window area., and the combined total COPy area of temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area. l1. Signs in the display windows of a business., which are incorporated in a display of merchandise. 14. Symbols or Insignia: Religious symbols'! commemorative plaques of recognized historical agencies., or identification emblems of religious orders or historical agencies'! provided that no such symbol plaque or identification emblem shall exceed four (4) square feet in area'! and provided further that all such symbols'! plaques and identification emblems shall be placed flat against a building. li Warning Signs: Signs warning the 1Jublic of the existence of danger'! of a size as may be necessary'! to be removed upon subsidence of danger. Such signs shall not contain advertising material. ~ Any sign which is oriented only to the property on which it is located and is not visible from the public right-of-way. 11:. A permit shall not be required for a change of COPy on any sign'! nor for the repainting'! cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accordance with this code'! provided that the sign or sign structure is not substantially altered in any way. D. Free-Standing Signs (Single Building): In addition to the provisions of Tables C-H, the following standards shall apply to all free-standing signs not part of a Planned Sign Program: 1. Number Allowed: No building occupied by a single tenant may be signed with more than one (1) free-standing sign unless the sign is sited on a second public street frontage of the lot, or approved as a directional sign. 2. Maximum Height and Background Area: The sign height and background area shall be as provided in Tables C-H. 3. Setbacks and Location: The sign shall be located as near the primary access driveway as practical. In all zoning districts, no part of the sign, including the footing, shall be located closer than five feet (5') from the side and rear property lines, unless greater separation is required. In commercial and industrial zones, no part of the sign, including the footing, shall be located closer than one foot (1 ') from the front property line. In residential and office zones, the setback shall be a minimum offive feet (5') from the front property linew Amended Sign Ordinance Page 27 of 50 ( 4. Illumination: Signs may utilize direct, indirect or intemallighting, except that the use of direct lighting in or adjacent to residential zones is prohibited. E. Center Signs (Planned Sign Program): In addition to the provisions of Tables C-H, the following standards shall apply to all signs within a Planned Sign Program: · Intent: The purpose of a Planned Sign Program is to establish consistent signage criteria tailored to specific, multi-building or multi-tenant developments. The intent is to provide for flexible sign criteria that promotes superior design through. architectural integration of the site, buildings and signs. If approved, a Planned Sign Program may allow for increases to the background area, height, and other standards for wall SIgnS. · Planned Sign Program Applicability: All developments in commercial, office or industrial zones comprising more than one (1) principal building on a lot or buildings with more than one (1) occupant and proposing one (1) or more free-standing signs shall adopt a comprehensive Planned Sign Program. The sign program shall be filed with the Planning Director Zoning Administrator and shall specify standards for consistency among all signs within the development. (See application requirements in Section 11-14-4.B.) · The approval of a Planned Sign Program shall be required prior to issuance of a building permit. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of sign background area as defined in this ordinance. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. Any modifications to an approved sign or sign program must be re- submitted for approval by either the Planning Director Zoning Administrator or the Commission (at Director's Administrator's discretion). 1. Review Procedure Required: The installation of any sign may only occur after a Planned Sign Program has been submitted, reviewed and approved by the Planning Director Zoning Administrator. Thereafter, a sign that conforms to the approved sign program may be permitted by the Planning Director Zoning Administratorw Approval of a Planned Sign Program does not waive the permit requirements for individual signs. In cases of existing sites that have no approved sign program, all signs shall be regulated in conformance with all other sections of this code until such time as a Planned Sign Program is submitted, reviewed and approved. Amended Sign Ordinance Page 28 of 50 ( 2. Standards: a. Design: The sign shall incorporate materials, colors and a design motif that is compatible with and complements the architectural theme and style of the building or complex for which the sign identifies. Sign designs shall reflect a common theme and incorporate similar design elements in terms of materials, letter style, illumination, sign type and sign shape. b. Sign Location: Free-standing signs shall be located as near to the primary access driveway as practical. Free-standing signs in commercial and industrial zones shall not be closer than one hundred fifty feet (150') from any residentially zoned property. Distance, for the purpose of establishing location, shall refer to the linear distance in either direction on the street to which the sign faces only. c. Number: One center sign shall be allowed per center'! as defined herein. One additional center sign shall be allowed per one-thousand feet (1000') of street frontage on a single street, or fraction thereof, ma)r be permitted. The one-thousand feet shall not be cumulative for comer lots. In addition to the main center sign, one (1) free-standing sign for each building within the center is permitted, with size and background area in accordance with Tables C-G, provided that no sign exceeds a height often feet (10') and background area of seventy (70) square feet d. With the exception of roof signs, wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed eighteen percent (18%) of the wall face upon which the sign is placed, or nine percent (9%) of the wall if combined with a free-standing sign on the same lot e. Sign height and placement shall be consistent throughout the development site. 3. Binding Effect: After approval of a Planned Sign Program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants. This Planned Sign Program shall be included in the lease for each individual tenant. Proof of said inclusions shall be submitted to the Planning Department by the lessor. F. Wall Signs: In addition to the provisions of Tables C-H, the following standards shall apply to all wall signs: 1. Area: For a single wall signs oriented to a public street, the sign shall not exceed eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) sq. ft. in Amended Sign Ordinance Page 29 of 50 (~- <., office zones}. For wall signs not oriented to a public street'l the sign shall not exceed 9% of wall area. "Wall Area" shall mean the wall surface of a single tenant structure or the storefront of a multi-tenant structure. When a combination of wall and free- standing signs are used on a single site'l the total area for wall signs oriented to a public street must be reduced by fifty percent (50%). 2. Height: Not to exceed the height of the wall face up to a maximum of thirty (30) ft. Lettering within the copy area shall not exceed a height of three (3) feet. 3. Number Allowed: Each business with exterior frontage in office, commercial or industrial zones or as othetwise approved as part of a Plaillled Development shall be permitted eae wall sign~. The combined area of all signs on a single wall shall not exceed the allowable percentage. One additional TyTlall sign shall be permitted per extorior building TyTlall under the conditions belo"y\", proT."ided there is no more than one "'y~."all sign on each side of the building: a-: The sign background area ma:)" be borro\\"cd from that allo\vcd on tho building "yT/all facing the street; ~ The sign background area is a maJ(imum of 9~~ of the building "'llall; and e-: The adjoining property" is zoned commercial or industrial. 1. \Vhen a combination of Tyyall and free standing signs are used on a single site, the total area for "'1/011 signs must be reduced by" 50~~. H.Lighting: Direct illumination signs are prohibited. 6~. Animation, flashing lights, readerboards and revolving signs are prohibited. :::J-Q. The design of the sign, including color scheme, shall be compatible with the wall face. 7. Illuminated wall signs shall not be oriented to any residential use. G. Projecting Signs: 1. Location: Projecting signs are prohibited in all zones except Old Town or as approved under a Planned Sign Program. (See the Old Town Historic Sign Ordinance.) 2. Maximum Background Area: The maximum background area shall be five percent (5%) of building face facing a local street within the Old Town District, up to a maximum of fifteen (15} square feet; fifteen percent (15%) in other zones where such Amended Sign Ordinance Page 30 of 50 ( signs are allowed. When both projecting and wall signs are utilized, the allowable area for each sign type is to be reduced by fifty percent (50%). 3. Projection above building height: No projecting sign shall ever project above the building roof line. 4. Vertical Clearance: The minimum clearance over public rights-of-way shall be twelve feet (12 '). 5. Lighting: Projecting signs shall have either direct or indirect lighting sources. 6. Number Allowed: Where permitted, no more than one projecting sign per business shall be allowed. 7. Projection from Wall: Projecting signs shall have a maximum projection often feet (10') or to within two feet (2') of the face of the curb, whichever is less. H. Temporary Signs Requiring a Permit: The follo"'"ving temporary signs may be allo"',,~/ed upon issuance of a pcnnit from the Planning & Zoning Department. The follo",,~/ing guidelines shall appl)F to tcmporaI)F sign permit applications for temporary signs required to obtain permits under this Section. Signs listed in Section 11 11 7.J.^),., arc excluded from these terms and application process. J.^J1 annual temporary permit option ""yill be pro~./idcd so that a nO"'ll permit "'"viII not be required for each 20 day period. Ho"',,"'.{o~.{er, such annual temporary sign permits must be rene\ved e~./er)r year. .L\ fee of $1 0 per temporaI)r permit, or $30 per annual permit, v/ill be charged b)r the City. h Street Banners stretched o"/cr public propert)F that pertain to ci~/ic affairs and are appro"'{ed b)r the Planning Director. a:- l'Io banner shall be allo\Tled o~/er public property for a longer period than fourteen (11) days. ~ .LA),. substantial rope at least one inch (1") in diameter, not "'"vire cable or other metallic rope or "',,~/ire, shall be used as the main support for Amended Sign Ordinance Page 31 of 50 ( burdlers and tv/a (2) one half inch (~~") ropes shall be used for securing each lo',,""/er comer; and the banner shall ha""/e sufficient 'vyind holes. ~ Searchlights, '"vhen: a:- The)r arc used by a business or enterprise once ycarl~y for a maximum period of sc'/en (7) consecuti'/e da~{s, or for purposes of the grand opening of a ne\'v enterprise or an enterprise under ne',,""/ management for a maximum period of se""/en (7) consecuti~/e da)rs, and pro'lided that; ~ In no case shall the beam of the searchlight flash against an)r building or S'"yeep an arc greater than forty five degrees ( 15 degree) from '/ortical. J-:. Balloons and other inflated de""/ices, and other temporar:y signs '"vhich cJlcced the free standing sign height allo',,""/ances per zoning district ma)r be permitted by the PlaMing Director pro'/ided that: U. No more than one such sign is allo'"vcd per )rcar; b. The sign is socurely fastened; ~ Special off sito auto sales signage. ~ Portable seasonal and speoial sale signs. IH. General Interest Directional Signs: Except as otherwise provided, sign regulations governing erection of non-accessory directional signs at street intersections and other appropriate locations by City of Meridian for direction to places of general interest such as colleges, auditoriums, fairgrounds, hospitals, airports, parks, playgrounds, and other places are to be treated as public service information signs and regulated as such. JI. Billboards 1. Relocation a. Existing billboards may be allowed to relocate with a Conditional Use Permit if the new site is approved based on the findings and criteria set forth in Paragraph 2 of this Section. Existing off-premise signs of the billboard category may be replaced structure for structure. Amended Sign Ordinance Page 32 of 50 (' 2. The Planning and Zoning Commission and City Council must make all of the following findings in permitting a billboard relocation: a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street-driveway intersections. b. That the sign will not cover or blanket any prominent view of a structure or fa9ade of historical or architectural significance. c. That the sign will not obstruct views of users of adjacent buildings to side yards, yards, or to nearby open space. This requirement does not include views of distant vistas. d. That the sign will not negatively impact the visual quality of a public open space such as a recreation facility, square, plaza, court yard and the like. e. That the height of the sign is compatible with the heights of buildings in the immediate area (300' radius from sign). Where the view of the sign is obstructed by a building or buildings on the same or adjacent parcels, or where the view to the business or businesses is located on the same or adjacent parcels would be obstructed by the placement of the sign, the height of the sign may not exceed the height of the building on the same or adjacent parcel by more than twelve feet (12'). For safety reasons the minimum clearance of a sign shall never be less than eight feet (8 '). Height of signs located in undeveloped areas (no buildings within 300') shall not exceed 22' above grade. f. That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential area. J. Super Graphics: Super graphics'l as defined in Section 11-14-3'1 are not regulated by this Code. SECTION 10: That the titles to Section 10 and Section 10.B. Chapter 14 Title 11 of the Meridian City Code, be, and the same are hereby amended, and that Sections 10.B.l., 10.B.2, 10.B.3., 10.B.4, and 10.B.5. are hereby amended, and to provide for a new subsection C., and the same shall now read as follows: 11-14-10 SIGNS PERl\fITTED STANDARDS BY ZONING DISTRICT: Signs for uses in zoning districts of the City shall conform with the dimensional, Iocational, and other standards specified in Tables A-H below: Amended Sign Ordinance Page 33 of 50 i ( General Terms (applicable in all zones): A. Allowable Sign Size Exchange for Comer Lots in All Zones In all zones, land abutting more than one public street shall be allowed its quota of signs on each street and up to twenty percent (20%) of the permitted sign size quota on any street may be deducted therefrom and added to the second street frontage. B. 1-84 Si.gg Overlay:6efte There shall be an 1-84 .sign Overlay:6efte located within an area three hundred feet (300') from and parallel to the right-of-way line ofl-84 on both the north and south sides of the interstate. Free-standing signs and wall signs within the 1-84 Si.gg Overlay:6efte shall comply with the following standards: 1. Wall Signs: See Table H for specific standards. Only one (1) wall sign oriented to 1- 84 shall be allowed per business, or per tenant in a building which is occupied by two or more tenants. However, not more than two (2) freeway-oriented wall signs shall be allowed on any single building or structure. 2. Maximum Free-standing Sign Height: A free-standing sign located within the 1-84 .fum Overlay :6efte shall not exceed forty (40) feet in height.=., as measured from the croT,:vn oitha adjacent road\T/u:y. 3. Maximum Background Area: A free-standing sign located within the 1-84 Overlay Sign Overlay :6efte shall be t\,-/o (2) one (1 ) square feet foot of sign area per linear foot of freeway frontage up to a maximum of 150 square feet for single building signs and three hundred (300) square feet for center signs. 4. Spacing: The minimum distance between free-standing signs within the 1-84 .sign Overlay :6efte is 500 feet. 5. Ne fResidential subdivision identification signs oriented to the freeway are permitted within the 1-84 .sign Overlay :6efte" but the sign support must be designed with a foundation" pedestal or other non-pole design structure and be compatible with the residential subdivision. c. Freeway Interchange Sign Overlay There shall be a Freeway Interchange Sign Overlay established by this ordinance. Section 11- 14-10" Figure A" graphically depicts the overlay boundaries. The intent of this overlay is to allow businesses located near an 1-84 interchange the option of increased sign visibility and height. Free-standing signs and wall signs within the Freeway Interchange Sign Overlay shall comply with the following standards: L Wall Signs: All wall signs on buildings with 1-84 frontage shall comply with the Amended Sign Ordinance Page 34 of 50 standards set forth in Section 11-14-1 0.B.1. All other wall signs shall comply with the standards set forth in Section 11-14-9.F. 2. Maximum Free-standing Sign Height: A free-standing sign located within the Freeway Interchange Sign Overlay shall not exceed forty feet (40') in height. .1. Maximum Background Area: A free-standing sign located within the Freewav Interchange Sign Overlay shall be allowed a sign background area no greater than 120 square feet for a single building and 300 square feet for a center sign. 4. Location: All free-standing signs using the increased sign height allowed by the overlay shall be entirely located within the Freewav Interchange Sign Overlay boundaries. If only a portion of a property falls within the overlay boundary'! the sign must be located within said portion. ~ Spacing: The minimum distance between free-standing signs within the Freeway Interchange Sign Overlay is forty (40') feet. Amended Sign Ordinance Page 35 of 50