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HomeMy WebLinkAbout2003-11-25 ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 25, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary o Cherie McCandless X Keith Bird o Mayor Robert Corrie 2. Adoption of the Agenda: Approve As Revised 3. Consent Agenda: A. Approve minutes of October 21, 2003 Pre-Council Meeting: Approve B. Approve minutes of October 28, 2003 City Council Regular Meeting: Approve C. Approve minutes of November 5, 2003 Pre-Council Meeting: Approve 5-0. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Sa~eland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Tabled to December 9, 2003 Meeting 5-E. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Tabled to December 9, 2003 Meeting 5-F. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private ivleridian City Council Agenda - November 25. 2003 Page I or 4 All materials presented at publ ic meetings shall become properly 0 t~ the City 0 r ivlcrid ian. 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. neighborhood park in an R-8 zone for proposed SaQeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Tabled to December 9, 2003 Meeting G. Findings of Fact and Conclusions of Law for Approval: 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: Approve H. Findings of Fact and Conclusions of Law for Approval: VAR 03-018 Request for a Variance for a one-year Time Extension for recording of the Final Plat for Olsen Bush Subdivision No.2 by R2 Development, Inc. - west of North Eagle Road and north of East Franklin Road: Approve I. Findings of Fact and Conclusions of Law for Approval: CUP 03-046 Request for a Conditional Use Permit for a branch bank facility with drive-thru lanes in an L-O zone for Idaho Central Credit Union by Idaho Central Credit Union - east of South Locust Grove Road and south of East Overland Road: Approve J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 024 Request for annexation and zoning of 17.5 acres from RUT to R-8 zones for proposed Glacier SprinQs Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: Approve K. Approve Beer and Liquor License Transfer from Chipotle Grill at 2031 East Fairview, Suite 103 to Whitewater Saloon at 1646 North Meridian Road: Approve L. Agreement for Professional Services for NPDES Permit Applications - CH2MHill: Approve M. Water Main Easement for D.L. Evans Bank: Approve N. Finance Report: Approve 4. Department Reports: A. Planning and Zoning Department - Anna Powell: 1. Agreement for Services with Diane Kushlan for Zoning Ordinance Update: Approve Meridian City Council Agenda - November 25, 2003 Page 2 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (- B. Public Works Department - Brad Watson: 1. Selection of Consultant Rosters for FY 2004 Water Projects: Approve 2. Tuscany Lakes #1 Final Plat Change - City Council "Ok" 5. (Items Moved from Consent Agenda) 6. Motion to Reconsider the Motion to Postpone CUP 03-047 Observation Point Subdivision to December 9, 2003 for Decision: Approve 7. Continued from November 18, 2003 for Decision: CUP 03-047 Request for a Conditional Use Permit to demolish existing home and rebuild one single family residential dwelling for caretakers quarters on lot 2, block 2 of Observation Point Subdivision in a R-4 zone by RF Construction - 500 East Victory Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 8. Tabled from November 5, 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: Approve Change to #8 9. FP 03-062 Request for Final Plat approval for.40 single-family residen'tial building lots and 7 common lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.7 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Approve 10. FP 03-063 Request for Final Plat approval of 42 single-family residential building lots and 1 common lot on 12.06 acres in an R-8 zone for Paramount Subdivision No.2 by Paramount, LLC - east of North Linder Road and south of West Chinden Boulevard: Approve 11. FP 03-064 Request for Final Plat approval of 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres for The Courtyards at Ten Mile by Doug Campbell and Thomas Bevan - northeast corner of West Pine Avenue and North Ten Mile Road: Approve Meridian City Council Agenda - Novenlber 25, 2003 Page 3 of 4 A II nlaterials presented at public meetings shall becoole property 0 f the City of Meridian. Anyone desiring accomnlodation 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. (' 12. Continued Public Hearing from October 14,2003: M103-009 Request for modification of condition to leave the Onweiler Lateral open and construct a 1 0 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of canal for Silhouette Subdivision by Silhouette LLC - east of North Meridian Road and south of East Ustick Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from November 12, 2003: 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Continued Public Hearing from November 12, 2003: PP 03-028 Request for Preliminary Plat approval of 52 building lots and 8 other lots on 17.5 acres in a proposed R-8 zone for proposed Glacier SprinQs Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. 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: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: Continue Public Hearing to December 16, 2003 Meeting ivleridian City Council Agenda - November 25, 2003 Page 4 of 4 Allmutcrials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accomlllodation for disabilities related to documents and/or hearings please contactlhe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 25, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X --0 Cherie McCand less )( (? Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: tlfflYl:JVIe as- reviJ:~cL 3. Consent Agenda: ....8. ~~ D. c- E. [J - F. A': Approve minutes of October 21, 2003 Pre-Council Meeting: approve- Approve minutes of October 28, 2003 City Council Regular Meeting: ~ro v..e.. Approve minutes of November 5, 2003 Pre-Council Meeting: a?rOV~ Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones .for proposed Saaeland Planned Development by Quasar Development, LLC - northeast comer of South Locust Grove Road and East Victory Road: -Tlt.6et /'l7 ~cc 1-'1- c. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: -/u,beL f-v /J.ec ~ Cj' 1!l Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: ~ IP 4ec~ q~ Meridian City Council Agenda - November 25, 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 hearings please contact the City Clerk~s Office at 888-4433 at least 48 hours prior to the public meeting. ( G. Findings of Fact and Conclusions of Law for Approval: CUP 03-044 Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for proposed Silverstone Business CamDus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: tZpjJlrPfI<..tL-- H. Findings of Fact and Conclusions of Law for Approval: VAR 03-018 Request for a Variance for a one-year Time Extension for recording of the Final Plat for Olsen Bush Subdivision No.2 by R2 Development, Inc. - west of North Eagle Road and north of East Franklin Road: c&j'p;~ vt.e:.... I. Findings of Fact and Conclusions of Law for Approval: CUP 03-046 Request for a Conditional Use Permit for a branch bank facility with drive-thru lanes in an L-Q zone for Idaho Central Credit Union by Idaho Central Credit Union - east of South Locust Grove Road and south of East Overland Road: Kf7lrovc-L- J. Findings of ,Fact and Conclusions of Law for Approval: AZ 03- 024 Request for annexation and zoning of 17.5 acres from RUT to R-8 zones for proposed Glacier Sprinas Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: (l//,fre)v.e.. K. Approve Beer and Liquor License Transfer from Chipotle Grill at 2031 East Fairview, Suite 103 to Whitewater Saloon at 1646 North Meridian Road: af'jJ/i9vtZ- L. Agreement for Professional Services for NPDES Permit Applications - CH2MHiII: ctpj9/1f'V.,IL. M. Water Main Easement for D.L. Evans Bank: o/~v-<- N. Finance Report: arj?rt7~ 4. Department Reports: A. Planning and Zoning Department - Anna Powell: 1. Agreement for Services with Diane Kushlan for Zoning Ordinance Update: c:vp jJrlO v--<- Meridian City Council Agenda - November 25,2003 Page 2 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. 12. ( B. Public Works Department - Brad Watson: 5. 1. Selection of Consultant Rosters for FY 2004 Water ~ojects: Cip~v~ _ ~ 2. l&{fcan~ U{ja,J # I nh?'u ;Jlar Ck4h~ - (Items Moved from Consent Agenda) C(~ cCluhc21 <<ok.} , $; E> F Motion to Reconsider the Motion to Postpone CUP 03-047 Observation Point Subdivision to December 9, 2003 for Decision: 0/ fl-ytJ {/' <:.- Continued from November 18, 2003 for Decision: CUP 03-047 Request for a Conditional Use Permit to demolish existing home and rebuild one single family residential dwelling for caretakers quarters on lot 2, block 2 of Observation Point Subdivision in a R-4 zone by RF Construction - 500 East Victory Road: _ 4,-{h-o...et-j ~ fJr.e(?tvLe- d7F f e/( ..fOr- ~YOvt.t-L.r Tabled from rfovember 5, 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: ~rov.e.. c~~ /0 tt=g FP 03-062 Request for Final Plat approval for 40 single-family residential building lots and 7 common lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.7 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: ~jPpCJV..R-, FP 03-063 Request for Final Plat approval of 42 single-family residential building lots and 1 common lot on 12.06 acres in an R-8 zone for Paramount Subdivision No.2 by Paramount, LLC - east of North Linder Road and south of West Chinden Boulevard: tlCpprwV'~ FP 03-064 Request for Final Plat approval of 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres for The Courtyards at Ten Mile by Doug Campbell and Thomas Bevan - northeast corner of West Pine Avenue and North Ten Mile Road: ~pff9V..fL Continued Public Hearing from October 14, 2003: M103-009 Request for modification of condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of canal for Silhouette Subdivision by Silhouette LLC - east of North Meridian Road and south of East Ustick Road: af-ll9rJ't-ej tl7 j1ref?tv1..e ..f'(+- f ele.jVy ~hrvvd 6. 7. 8. 9. 10. Meridian City Council Agenda - November 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14. 15. 16. 17. 13. Continued Public Hearing from November 12, 2003: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-Q zone for Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of East Fairview Avenue: a I..;ln-~ /r? jPv<e/""';v..e r / ~ i c I-{ /Tv apj?n?v~ Continued Public Hearing from November 12, 2003: PP 03-028 Request for Preliminary Plat approval of 52 building lots and 8 other lots on 17.5 acres in a proposed R-8 zone for proposed Glacier SDrinas Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: ~ . ?i fl-p/71-Uj f.:? jt' /'~fJ~v..e f/.p i e /-t ~ a;; rro v~ 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: ~ u'rh-r".efj /-e; jJ7flj7w...€..fl-F f cf...( /iY ~~v~ 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: a-;hJrl"-ftj k r-e p I~ -f/~ q (: /..t ,ft,r ~1'fh"Pvs...R. Public Hearing: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: Ct.rhTn-U..UL ;O/fL 1-0 Aec160/2p03 Meridian City Council Agenda - Novetnber 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public Ineeting. ( December 31, 2003 MERIDIAN CITY COUNCIL MEETING January 6, 2004 APPLICANT ITEM NO. ~ REQUEST Approve minutes of November 25, 2003 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CiTY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE OEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER OEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HtGHW A Y DISTRICT: SANITARY SERVICE COMPANY CENTRAL DtSTR1CT HEALTH: NAMPA MERIDIAN IRRIGATJON: SETfLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vY Contacted: Emailed: Date: Staff Initials: Materials pr.sented at public me.tings shall become property of the City of Meridian. Phone: ( Meridian City Council Meetin~ November 25,2003 The regular meeting of the Meridian City Council was called to order at 7:30 P.M., on Tuesday, November 25,2003, by Council President Tammy de Weerd. Members Present: Tammy de Weerd, William Nary, and Keith Bird. Members Absent: Mayor Robert Corrie and Cherie McCandless. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Gary Smith, Kenny Bowers, Wendy Kirkpatrick and Dean Willis. Item 1. Roll-call Attendance: Roll call. X Tammy de Weerd X o Cherie McCandless X o Robert Corrie Bill Nary Keith Bird De Weerd: Okay. I will go ahead and call the regular meeting for the City Council to order. It's November 25th at 7:30 and I'd like to welcome you all here with us today and ask the city clerk to call roll. Item 2. Adoption of the Agenda: De Weerd:. Thank you. Okay. Number 2, adoption of the agenda. We have a number of changes. First, staff has asked items 3D, E and F to be pulled off the Consent Agenda to the regular -- and added to the regular agenda under Item 5, to change nine - - to consider nine before eight and that's all the changes I know of. Oh, and to add an item under Department Reports under B, add a second item to discuss Tuscany. Department Reports. Yes. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we adopt the revised agenda as noted. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as revised. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: Meridian City Council November 25, 2003 Page 2 of 67 A. Approve minutes of October 21, 2003 Pre-Council Meeting: B. Approve minutes of October 28, 2003 City Council Regular Meeting: c. Approve minutes of November 5, 2003 Pre-Council Meeting: G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: VAR 03-018 Request for a Variance for a one-year Time Extension for recording of the Final Plat for Olsen Bush Subdivision No.2 by R2 Development, Inc. - west of North Eagle Road and north of East Franklin Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-046 Request for a Conditional Use Permit for a branch bank facility with drive-thru lanes in an L-O zone for Idaho Central Credit Union by Idaho Central Credit Union - east of South Locust Grove Road and south of East Overland Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 024 Request for annexation and zoning of 17.5 acres from RUT to R-8 zones for proposed Glacier Sprin~s Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: K. Approve Beer and Liquor License Transfer from Chipotle Grill at 2031 East Fairview, Suite 103 to Whitewater Saloon at 1646 North Meridian Road: L. Agreement for Professional Services for NPDES Permit Applications - CH2MHill: M. Water Main Easement for D.L. Evans Bank: N. Finance Report: De Weerd: Item 3. Consent Agenda. Bird: Madam President? ( Meridian City Council November 25, 2003 Page 3 of 67 De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda with Item D, E, and F being changed to 50, 5E and 5F on the Regular Agenda, and for the Council President to sign and the Clerk attest on all proper papers. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the Consent Agenda, with the removal of 3D, E, and F to the Regular Agenda. Mr. Clerk, will you call roll? Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Planning and Zoning Department - Anna Powell: 1. Agreement for Services with Diane Kushlan for Zoning Ordinance Update: De Weerd: I would like to welcome our Boy Scout troop -- or Boy Scout member from Troop 152. It's nice to have you here. W e will go ahead and move to Number 4, Department Reports and start with the Planning and Zoning Department Number 1, agreement for services with Diane Kushlan with zoning ordinance update. Powell: Madam President, Members of the Council, I have been dropping hints, I suppose, that I have been working on a contract for the zoning ordinance., Ms. Kushlan and I were able to come to an agreement on the scope and I wanted to run it by for you for approval for a draft document. This just gets us to the draft stage. It would be 6,000 dollars and, then, we will decide from that point whether she would have additional services, but it is within the Planning and Zoning Department budget for professional services and we ask that you approve it. She has been working with the City of Caldwell quite a bit in the recent past and she's also working with Garden City on a similar zoning ordinance update. De Weerd: And, Anna, she's taking off on some of the work that's already been done is that correct? Powell: Yes. I will give her copies of all the draft standards that we have. She's using a model ordinance that -- kind of taking our standards and moving them into that kind of premade format. It will give a lot more format and structure and clarity for findings and standards than we currently have. Meridian City Council November 25, 2003 Page 4 of 67 De Weerd: Okay. Council, any questions? Do I hear a motion? Nary: For what? De Weerd: To accept. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we join into an agreement Diane Kushlan for the zoning ordinance update for the amount of 6,000 dollars, plus any change orders that would come through. Is that right? Nary: Second. De Weerd: Okay. It's been moved and seconded to accept the agreement for services with Diane Kushlan. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT B. Public Works Department - Brad Watson: 1. Selection of Consultant Rosters for FY 2004 Water Projects: De Weerd: Okay. 4B is Public Works Department, Brad Watson. Start with the selection of consultant rosters for FY 2004 water projects. Watson: Thank you, Madam President, Council members. I wouldn't ordinarily bring something like this to you, but this is a little different from everything we have done in the past. Normally, with a project we issue an RFP for a single project. This one -- with so many capital projects on the water side of things this fiscal year, we chose to issue one RFP to the consultant community and develop rosters for three types of projects, minor water pipe pipelines, major pipeline projects and pumping facilities. We received seven proposals and we have chosen a roster that should be with your packet for each of those types of work. I think this will greatly streamline our process and allow us to get a lot more done this fiscal year than we ordinarily would have. The other benefit, not necessarily to the city staff, but to the consultant community is that they only had to develop one proposal. I know these are really time consuming, you probably haven't seen many of these, but these are the Clawson 50 page packets that they put together for every project and it's not only time consuming for them, but it's costly. Wrap it all into one project and we would just appreciate your approval of this roster and, as I say in the memo, we will, of course, bring each individual contract to you for approval once we negotiate a satisfactory scope of work with the selected consultant and that's all I have, unless you have any questions. Meridian City Council November 25, 2003 Page 5 of 67 De Weerd: Any questions? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess I don't have a question, but a comment. I really appreciate the efficiency of doing it this way, Brad. I think it is going to be an enhancement for -- and also save some time as well in having to go through this over and over again. I think it's a very good change. Watson: Thank you. Nary: Did you want a motion to accept that? Is that -- I noticed that in the memo. De Weerd: Do you need one? Bird: We need one. Watson: Madam President, Council members, I would appreciate a motion, just to approve these rosters, because we have made a selection of certain people and cut certain people out and I would feel more comfortable entering into negotiations with any of them if there was a motion approving those rosters. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we accept the proposals for major pipeline projects, small water pipeline, and improvement projects and pumping facilities as determined by the city engineer. Nary: Second. De Weerd: Okay. It's been move and seconded to accept the department's contractors. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT 2. Tuscany Lakes Subdivision No.1. De Weerd: Okay. Item Number 2 has to do with Tuscany Lakes Subdivision No.1 Watson: Yes. Thank you, Madam President, Council members. You're correct. This is Tuscany Lakes Subdivision No.1. The plat is -- has been submitted to my office for Meridian City Council November 25, 2003 Page 6 of 67 signature. During review, I did notice one change from the Final Plat that Council approved about a year ago and in regards the right of way with -- on South Locust Grove Road. The right of way width that was to be dedicated from centerline was 45 feet on the Preliminary Plat, as well as the Final Plat that City Council approved. The plat submitted to me has a 35-foot from centerline right of way being proposed as dedicated. The landscape common lot didn't increase in width it remained the same. The lots that back up to South Locust Grove Road simply deepened by 10 feet. I contacted Christie Richardson at ACHD and she e-mailed me a letter that should be in the memo that I sent to the clerk's office only this afternoon. She is correct in that Tuscany Village, when it came through for preliminary plat, ACHD asked for a 35-foot right of way. It -- I believe it, actually, is across the street for a portion of the north end of this -- of Tuscany Lakes project. Even with that letter, I still inquired of Mr. Nichols whether I needed to bring this before you and he recommended that I do something that we did on Victory Road, although that's a slightly different situation, in that the ultimate right of way was designated as 45 feet or 48. They added an additional common lot -- I think it was ten feet that could be dedicated separately in the future. 11m here to get a little direction from Council on this matter. Matt Schultz from Tuscany Development has -- is in attendance and can probably explain the whole scenario of events better than I can, if it would please you to ask him any questions. Other than that, I don't have any other information. De Weerd: Okay. Brad, in that letter it says it's not yet a collector or arterial. I mean what does that mean? Will it change in the future and maybe in the future they will need this? Watson: Madam President, I guess I cannot speak to the intent of her letter. I understand what she's saying, but the letter didnlt give me a real -- to use the vernacular, warm and fuzzy w hen I read it, because it did leave a little wiggle room. There is that word yet and Tuscany Lakes No. 1 is not specifically mentioned in the letter and she does go on to say that with the Tuscany Village application across the street and somewhat north, that ACHD changed their requirement to match what would be a right of way for a three lane collector. De Weerd: So, they are suggesting that a three lane roadway on this -- on this portion of Locust Grove is adequate and that's why they are reducing the right of way? Watson: Yes. That's my understanding. De Weerd: Okay. Council, any questions? Does the applicant have anything to add? Please state your name and address. Schultz: Matt Schultz. 660 East Franklin with Tuscany Development. Just real quick. I appreciate Brad catching this. He is correct, that kind of midstream ACHD changed how they -- what they want as far as right of way is concerned on some of their section line roads. They used to operate -- at least I used to operate and everything was a -- pretty much at 48 foot on the section lines, but they went back -- I think they -- I believe Meridian City Council November 25, 2003 Page 7 of 67 they have a master plan that shows with Eagle being a mile one way and Meridian being a mile the other way, that those are the main arterials and Locust Grove is more the minor collector, so to speak. We did change the plat. We incorrectly assumed that if ACHD was okay with it, Meridian would be okay with it and Brad caught us and here we are. We are not trying to get away with anything. We believe right now 25 feet is adequate, give an extra 10 for future widening and then if worst comes to worst, if they want to take another ten out of it, we have 33 feet of landscaping, there would still be 23 feet left. The trees would still be there. The fence will still be there. The subdivision is built. It is an existing subdivision right now. Landscaping is in, and fencing is in on that property line between the common lot and those building lots. I guess we are asking to proceed as the plat has been submitted to Brad in acknowledging that we did change it in midstream. I can't say in the future we'd ever do that again, because ACHD has pretty much established new policy that we are always going to follow from here on out and it's just kind of an unfortunate circumstance that caught ourselves in mid transition. It happened on Messina Village, it happened on Messina Hills, and it happened on this one where -- and solved them all a little bit differently. I think in this case the cleanest way to do it is approve it as platted and if ACHD wants to come and take a sliver of our common lot, they could do that like they do allover the place when they are widening roads and there is room to do it, it's an extra wide landscape area, you could still have your sidewalk and get 45. If they ever changed their mind or in 30 years traffic changes, you know, we will see, but the developer's master plan is based on projected densities. I know Tuscany is under projected densities. Same with our sewer flows. You know, the whole section develops out in the same density and they classify these roads accordingly. I know we are coming in under that, so maybe they are right in this case, we will see. I don't know if that clarifies anything, but I will go ahead and move for it. I have four on the agenda tonight, so I don't want to take too much time. Thank you. De Weerd: Any questions? Okay. Thank you, Matt. Okay. Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess, if I understand correctly, I don't think -- Brad's not necessarily looking for a motion or anything, but more of direction of do we have a concern about this change of ten feet. Is that right? Watson: Council Member Nary, that's exactly right. At this point this plat, I believe, is ready for me to sign and move on for recording -- well, to the Ada County surveyor and recordation, and I'm just not quite ready to sign that without some direction from Council. Bird: Yes, because they are changing the Final Plat that we approved. De Weerd: Yes. Meridian City Council November 25, 2003 Page 8 of 67 Bird: And I don't blame Brad. Nary: No, I guess, Madam President, I mean I don't blame Mr. Watson for bringing it to our attention. Is this a -- is this plat in substantial compliance. It appears to me that it is. I mean 10 feet -- 10 feet different that's now just still taken up with landscaping and grass and is consistent with what ACHD at this point is requiring is fine. I think Mr. Schultz is right, if a plat -- the way the plat is done, there is available roadway space if they want that in the future and they1d have to buy it and deal with it and all that, but they are saying that's all we want, so what else would we do? We would make them make it ten feet wider for our purpose? That's not our thing. I don't see any reason that they can't sign this plat. I think it's good that Mr. Watson brought it to our attention I think it's appropriate here, but I think we have been adequately explained as to why it's the way it is and I'm fine with it. Bird: Madam President? De Weerd: Mr. Bird. Bird: I agree with Councilman Nary to the point that I don't -- I don't want to put the responsibility back on the staff when you have passed something like this, because all the Council might not feel the same way about that at that time we pass that. That's the thing I don't like is we get -- we are getting changes on final plats after we have approved them and, then, they go back to the staff with changes on them and we expect them to do it. I agree with you, I don't see any problem with this and I appreciate it being brought back before us. De Weerd: I guess I just have one question. I donlt have a problem with this one, but on our final plats do we get comments from ACHD? . Watson: Madam President, no, we don't. I solicited comments on this one specifically. De Weerd: Okay. Well, thanks, and they a re agreeing and that's why the applicant, apparently, changed the Final Plat, so, yes, it doesn't seem like any of us have a problem with it. We may in this particular area or as we work closer together with ACHD, make sure what their right-of-way requirements are and make sure those are what's reflected on the plat, so we know at Final Plat if we need to change something. Because I agree, we should be approving what is going to be built and when ACHD -- I guess when ACHD makes a change like this, they really should be telling the city. So, I guess if we need to we could ask that a letter be drawn up just to notify ACHD when something changes on the plats, we would like to be notified, so that you're aware of it when it comes to you for signature as well. Watson: Madam President, I can do that. I can talk with Bruce or Kristy and we can work that out. De Weerd: Okay. Meridian City Council November 25, 2003 Page 9 of 67 Watson: All right. Thank you. Item 5. (Items moved from the Consent Agenda.) D. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: E. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saqeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: F. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Sa~eland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: De Weerd: Thank you. Okay. Item Number 5. We moved Items 3D, E, and F from the Consent Agenda to Item 5 and we will open those for staff comments. Anna. Powell: Madam President -- I have a feeling I'm going to be very tongue tied tonight. I apologize in advance. Madam President, Members of the Council, I asked you to consider this on your regular agenda, because I guess I need a little more direction. The motion regarding this plat -- this was in regard to the fact that we were concerned about cut-through traffic. The motion was to incorporate a 1 a-foot landscape island as a traffic calming measure. The applicant has attempted to do that in a number of ways, but never widening the right of way, so we have kept it a 50-foot right of way, but tried to include traffic calming measures in an island. It has become clear I think to both the applicant and staff that this is an impossible task to have a landscape island that serves any kind of traffic calming function and have that within a 50-foot right of way. You can't get the fire trucks around it adequately. There is a possibility we could make it kind of a bominate island, one that the fire department could drive over. We haven't gotten a chance to workout details on that. I guess the question is -- thafs not much of a landscape island at that point, it's just concrete. I felt during the hearing process that the Council wanted them to increase the right of way to accommodate that island. Is that the way you want to go? Would you be okay with just a concrete island in the Meridian City Council November 25, 2003 Page 10 of 67 middle of the street that -- if we can workout the details with the fire department, so that there are two options as I see it now? De Weerd: You know, not having read the minutes to it, it seems to me like we asked if that would accommodate and got the impression that it would, but I believe that was the intent. Powell: You asked it 50-foot would accommodate a traffic island. De Weerd: If what was on there would accommodate the ten foot landscape island. Not a concrete one, and I wouldn't imagine that they would want a concrete island in the middle of their nice development. Nary: Madam President? De Weerd: Mr. Nary. Nary: I think I chimed in a lot on this particular one and I don't think I ever contemplated a concrete wall in the middle of the road. I think we talked about an island, a visual barrier -- we ask, my recollection is the same as Council President de Weerd, that we did ask if there was adequate roadway to do that. It wasn't to sacrifice the island for the roadway, but to sacrifice the width of the roadway for the island, because the island was there to create that visual -- visual barrier there, so that people knew it was coming. They knew they had to get around it, they would have to slow down to be able to get around it and I thought Mr. Forrey was okay with that. No, I don't really -- it wasn't my intent that it be just a concrete blob in the middle of the road, it was, actually, a landscaped island. De Weerd: Thank you. Any further comment? Powell: No. That will suffice. Thank you. De Weerd: So, what kind of action would you like Council to do at this point? Powell: I guess it would be appropriate to table it -- I'm looking to see if we are talking about a week or two weeks. We are having an awful hard time coming to an agreement on this. I think that to put a landscape island in there, they will have to, as we said, widen the right of way in portions and they are concerned that they will be losing lots, and that's been their reluctance all along, but that was my recollection from the hearing. De Weerd: Yes so, table it to the gth of December? Okay. That's two weeks. Powell: Yes. Bird: Madam President? Meridian City Council November 25, 2003 Page 11 of 67 De Weerd: Mr. Bird. Bird: I move that we table Items AZ 03-015, PP 03-020, and CUP 03-036, Sageland Planned Development by Quasar Development until December 9, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to table the Findings of Facts and Conclusions of Law for approval for AZ 03-015, PP 03-020, and CUP 03-036, to December 9, 2003. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 6. Motion to Reconsider the Motion to Postpone CUP 03-047 Observation Point Subdivision to December 9,2003 for Decision: De Weerd: Okay. Item 6 is a motion to reconsider the motion to postpone CUP 03-047, Observation Point Subdivision to December 9, 2003, for decision. Bird: Madam President? De Weerd: Mr. Bird. Bird: I need a question answered by legal here, if it's okay. We denied this or tied with a denial and what do we need -- if I want to make an approval motion, do I just go ahead and make it, because, basically, that motion is dead. Nichols: Madam President, Members of the Council, procedurally, when the motion failed because of a tie, no decision was made. Then, the Council moved to table this to the December 9th meeting, which I found out later is, technically, a motion to postpone to a date certain. You first have to move to reconsider the decision to postpone it to December 9th and, then, if you decide to reconsider that motion and take it up now, then, you would make a separate motion with regard to the application itself. De Weerd: Thank you. At this point I would entertain a motion to reconsider the motion to postpone. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we reconsider the motion to postpone CUP 03-047, Observation Point Subdivision, which was to December 9, 2003, for decision to November 25, 2003. Nary: Second. Meridian City Council November 25, 2003 Page 12 of 67 De Weerd: Okay. It's been moved and seconded to reconsider the motion to postpone -- boy, I got your disease there -- CUP 03-047 to today. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 7. Continued from November 18, 2003 for Decision: CUP 03-047 Request for a Conditional Use Permit to demolish existing home and rebuild one single family residential dwelling for caretakers quarters on lot 2, block 2 of Observation Point Subdivision in a R-4 zone by RF Construction - 500 East Victory Road: Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve CUP 03-047, Observation Point Subdivision with staff, applicant, and public testimony included, with a 14,000 square foot house -- 1 ,400. 11m sorry. That would really -- 1 ,400 square foot house and with all the -- I was trying to help you along, and all the previous findings that we had -- or testimony that -- about the landscaping and the side entry on the garage and that stuff and have the attorney draw up the proper Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve CUP 03-047 with all staff comments and applicant's testimony. Did that also include that they would not develop the rest of that lot -- okay. That's all in testimony. Is there anything else, staff that needs to be clarified? Powell: The only issue I might ask you to clarify, Madam President, Members of the Council, is the -- Craig Hood did a memo dated that 18th regarding -- in the balded text it would be landscaping along Victory Road, staff -- in addition to the landscaping along Victory Road. Staff recommends that Council require the applicant to either sod or seed and maintain, mow and remove weeds on the undeveloped portion of the subject lot. It hadn't been in the previous conditions of approval, so -- De Weerd: Okay, and I think the applicant agreed at the meeting. Bird: He testified regarding that he would take care of that. De Weerd: Okay. That would be included in all staff comments and testimony. Mr. Attorney, is there enough for you in this motion to make some good findings for us? Meridian City Council November 25, 2003 Page 13 of 67 Nichols: Madam President, we always make good findings. The question is whether they are correct. What I would ask is that we not be expected to have this on the 9th, but, rather, have it on the 16th, because we will want to get them out to staff to review well ahead of the time -- the deadline for the clerk. Typically, we try to have these on for the 9th, but if we could have the extra week, it will help us a lot, as far as getting the draft. I think there is enough we can make a good stab at it. I think we can get it there. De Weerd: Okay. Okay. Is there any further discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: Well, as those who know me, I don't usually change my mind very often and -- but on this particular one, as I stated last week on the record, my main concern here was the precedent that we were setting for ourselves. In reviewing that and rethinking this and where we are simply maintaining the existing grandfather use on that property and, essentially, just improving that and not expanding this, courts have been very supportive of that type of action that they are attempting to do here and not an expansion. This isn't an expansion, so I -- in rethinking that, it seems reasonable, then, to go ahead and do that, because it's not putting the city in a different situation for future developments, because courts have supported this type of action, so that's the reason I'm going to vote the other way. Bird: Mark this down. Mark it on the wall. Nary: That's why we keep minutes of these meetings. De Weerd: He did not say he was wrong. Bird: He didn't admit he was wrong, no. Nary: No. I just said I rethought it. I didn't say I was wrong. De Weerd: Thank you, Mr. Nary. Okay. Mr. Clerk, will you call roll? Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 03-062 Request for Final Plat approval for 40 single-family residential building lots and 7 common lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.7 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: Meridian City Council November 25, 2003 Page 14 of 67 De Weerd: Okay. Item Number 9, which we moved ahead of Number 8, is FP 03-062, request for final plat approval of 40 single-family residential building lots. I just wanted to hear Councilman Nary say he was -- he reviewed it and reconsidered it again. Sorry, and seven common lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No. 7 by Bear Creek, LLC, and ask staff to comment. Powell: Madam President, Members of the Council, the proposed final plat is in substantial conformance with the approved preliminary plat. There are no outstanding issues with regard to the lots, regarding frontages or minimum square footage. The only issue of concern which we will struggle with for years is the fact that this one originally -- this one will always be Subdivision No.7, it's the following one that will probably always be Subdivision No.7, but it will -- it will, actually be No.8. It's very confusing. De Weerd: So, we have a 7 A and a 7B. Powell: Well, except for 7 A will be seven -- let me back up a little bit. I'm sorry. They submitted the next subdivision that you will see to our office for Final Plat, so we noticed it as Final Plat number -- Phase 7 J but they decided that they wanted the city engineer to sign this one first for marketing reasons. They submitted this one as seven also. Because we already had a hearing on the previous number seven, that will have to be changed by hand to Number 8, but there is a likelihood of a confusion lasting longer, as you can tell by my conversation today. In regard to this one, there are no outstanding issues and staff is recommending approval. De Weerd: Thank you, staff. Does the applicant have any comments? Do you agree with all staff comments? Okay. Please state your name and address. Schultz: Matt Schultz, 660 East Franklin with Bear Creek, LLC. I'd like to apologize for the confusion that was caused by my bosses, but they -- we do want to do both projects next year, but we definitely want to do this number seven first and the county engineer won't let us record them out of order and so I told my consultant to switch them and he submitted everything and here is what we have and, hopefully, we can s ee 0 ur way through this and approve this as seven and the next one as eight and we are looking for their continued success with the subdivision and that's it. Thank you. De Weerd: Thank you. Any questions? I won't ask for comments. Okay. Do I hear a motion? Nary: Madam President? De Weerd: Mr. Nary. Nary: I would move the approval of FP 03-062, the request for final plat approval for 40 single family residential building lots, seven common lots, on 13.85 acres in an R-4 zone for Bear Creek Subdivision NO.1 -- or No.7, by Bear Creek, LLC, west of South Meridian City Council November 25, 2003 Page 15 of 67 Meridian Road, south of West Overland Road, for the attorney to draw up the appropriate papers, including all staff comments and the applicant's comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-062 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Mr. Clerk. Roll-Call: McCandless, absent; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8. Tabled from November 5, 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: Thank you. Okay. Item Number 8, which, really, is Number 9, it just follows this Bear Creek thing, tabled from November 5, 2003, FP 03-052, request for final plat approval of 12 building lots and nine other lots on 10.92 acres in an R-4 zone for Bear Creek No.7 and ask Anna to comment. Powell: Madam President, Members of the Council, this project is -- this plat is also in substantial compliance with the approved Preliminary Plat. They actually came through with a revised Preliminary Plat specifically on this site, so it is very close to the approved preliminary. There was only one outstanding issue on frontage, they were short a couple feet, but as I -- I think they can accommodate the additional frontage around the cul-de-sac, so there are no outstanding issues that I'm aware of on this plat and we recommend approval. De Weerd: Okay. The applicant has no comment and must be in agreement with all staff comments? Powell: That is my understanding, yes. De Weerd: Okay. Nary: Madam President? De Weerd: Mr. Nary. Nary: I'd move the approval of FP 03-052, the request for Final Plat approval of 12 building lots and nine other lots on 10.92 acres in a R-4 zone for Bear Creek No.8 by Bear Creek, LLC. South Stoddard Road and West Victory Road, for counsel to prepare Meridian City Council November 25, 2003 Page 16 of 67 Findings of Facts and Conclusions of Law, Decision and Order, and including all staff comments and the concurrence of the applicant. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-052, with the attorney to draw up the appropriate paperwork. Mr. Clerk. Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Mr. Nichols? Nichols: Madam President, Members of the Council, and applicant, we will make some sort of reflection in the title to the findings that it's to be known as Bear Creek No.8 in the findings themselves. Powell: That would be helpful. Thank you. De Weerd: And the files will also note that accordingly? Nichols: We will try. Item 10. FP 03-063 Request for Final Plat approval of 42 single-family residential building lots and 1 common lot on 12.06 acres in an R-8 zone for Paramount Subdivision No.2 by Paramount, LLC - east of North Linder Road and south of West Chinden Boulevard: De Weerd: I tern Number 10, F P 03-063, request for final plat approval 0 f 42 single family residential building lots and one common lot on 12.06 acres in R-8 zone for Paramount Subdivision No.2 and ask for staff comments. Powell: Madam President, Members of the Council, this is the second phase to come in for Paramount. The subject area is shown in the red ellipse. The final plat does substantially comply with the approved Preliminary Plat. I would like to point out that there is an error in the staff report. In the first paragraph on the gross density -- for a moment I thought I was working for the city of Eagle. Instead of .28 dwelling units per acre, it should be 3.48 dwelling units per acre and where it says net density .23, that should be 4.35. The numbers she provided were acres per dwelling unit, not dwelling units per acre. She transposed them. Staff recommends approval of the final plat. De Weerd: Thank you. Okay. Is the applicant here? Have any comments? He agrees with staff's comments and the changes. I would entertain a motion. Bird: Madam President? Meridian City Council November 25, 2003 Page 17 of 67 De Weerd: Mr. Bird. Bird: I would move that we approve FP 03-063, the request for final plat approval of 42 single family residential building lots and one common lot on 12.06 acres in an R-8 zone for Paramount Subdivision No.2 by Paramount, LLC, east of North Linder Road and south of West Chinden Boulevard, to include all staff and applicant comments and to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve FP 03-063, to include the staff comments reflecting the dwelling and net densities and ask the attorney to draw up the appropriate paperwork. Mr. Clerk. Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED:" THREE AYES, ONE ABSENT Item 11. FP 03-064 Request for Final Plat approval of 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres for The Courtyards at Ten Mile by Doug Campbell and Thomas Bevan - northeast corner of West Pine Avenue and North Ten Mile Road: De Weerd: Okay. Item 11 is Final Plat 03-064, request Final Plat approval of 28 multi- family residential attached building lots, three office commercial lots, and 10 common lots on 11 acres for the Courtyards at Ten Mile and ask staff to comment. Powell: Madam President, Members of the Council, this Final Plat is in substantial conformance with the approved Preliminary Plat. I have both of them here. It encompasses basically all of the Preliminary Plat. As you can see, they are -- they are platting both the commercial and the residential portions I do need to point out one item. They -- the four-plexes sit across a lot line and the four-plexes actually sit on a piece of property that has an 80 foot frontage and an 8,000 square foot minimum and that's how the staff report got written for up for minimums that's actually two lots, though. What has been come through here has a 40-foot minimum and a 4,000 square foot lot minimum. They are exactly consistent with the plat that was approved. It was just an error on staff's part as noting those within the staff report -- the former staff report. If the Council is comfortable with that -- basically, interpretation of staff's staff report, the plat is in compliance with the approved Preliminary Plat. De Weerd: Now, I notice that the applicant is not attending tonight, but he has reviewed the staff report as -- before this amendment. Did you call and talk to them and this is all -- Meridian City Council November 25, 2003 Page 18 of 67 Powell: Yes, and they had, actually, originally, written those minimum, the 8,000 square foot and the 80 foot, because I think they were looking at their large buildings, so they knew that it was an issue of concern. They didn't complain about it. I mean they wouldn't want us to put an SO-foot frontage requirement on them. I'm not sure of what your question was, Madam President. De Weerd: Just if they are okay with the change. Powell: Yes. De Weerd: I didn't mean to make it difficult. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Anna, can you tell me, specifically, which comment that is, so that I can note that, ,please? Powell: In the original staff report? Nichols: Well, whichever -- if we have got a supplemental staff report that corrects it, fine. If there is a problem in the original, I need to -- Powell: It's detailed in our plat staff report. Nichols: That's alii needed. Thank you. De Weerd: Thank you. Well, since the applicant is not here, Council? Bird: Madam President? De Weerd: Mr. Bird. Bird: If we are not going to have any discussion, I will move that we approve FP 03- 064, the request for Final Plat approval of 28 multi-family residential attached building lots, three office and commercial lots, and ten common lots on 11 acres for the Courtyards at Ten Mile by Doug Campbell and Thomas Bevan. Northwest corner of West Pine Avenue and North Ten Mile Road and to include all staff and applicant comments and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. / Meridian City Council November 25, 2003 Page 19 of 67 De Weerd: Okay. It's been moved and seconded to approve FP 03-064, with all staff comments, applicant comments, and ask the attorney to draw up the appropriate paperwork. Mr. Clerk, will you call roll. Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Continued Public Hearing from October 14, 2003: MI 03-009 Request for modification of condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of canal for Silhouette Subdivision by Silhouette LLC - east of North Meridian Road and south of East Ustick Road: De Weerd: Okay. Item 12 is a Continued Public Hearing from October 14,2003, MI 03- 009, request for modification of condition to leave the Onweiler lateral open and construct a ten foot wide paved multi-use pathway and place a five foot chain link fence along the south bank of the canal for Silhouette Subdivision and open with staff comments. Powell: Madam President, Members of the Council, this plat was originally -- the Preliminary Plat was approved on February 19, 2003. The Final Plat was then approved in October of 2002 and there was a condition -- it's a general condition of the city that all irrigation ditches, laterals, or canals, exclusive of natural waterways that they tiled per city ordinance. The specific waterway in question is the South Slough. It runs at t he north e nd 0 f t he Silhouette Subdivision. When t he property tot he east came through with their subdivision, they, basically, s aid we will either tile it I eave it 0 pen, whatever the city wants or whatever Silhouette Subdivision is doing. We have known that this application has been in the works for a while. These folks have asked that instead of having a five-foot pathway over the tiled South Slough, that it be a 1 Q-foot pathway adjacent to the untiled slough and, then, they'd put up a chain link fence between the pathway and the slough. The whole purpose of the modification -- or this application is to understand which way the city wants to go, if they want to waive the tiling requirement and, then, have the ten foot multi-use pathway. It is viewed as an alternative route for the irrigation ditch. I donlt know if you remember the waterway that runs down at the south portion of this property. The question was if we get it there, we got to get them across the street, and, then, get them up to this area. As both these subdivisions go in, then, it becomes a surface pathway system, so it will connect from this public street, it will go over to this public street. I believe that's Linder Road. Meridian Road. Excuse me. Does that give you enough information for now? De Weerd: So, basically, it's whether it's a ten foot or -- Powell: It's either a 10-foot -- Meridian City Council November 25, 2003 Page 20 of 67 De Weerd: -- tiled or not tiled. Powell: The benefit that we get -- or what the developer is saying is if you allow me not to tile it, I will increase the width of the pathway. De Weerd: Okay. Any questions for staff? Okay. Is the applicant here? Would you like to comment? You need to wait until you're on the record and I do need to swear you in. Sergeant: Ron Sergeant. De Weerd: Please raise your right hand. Your left hand will work. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Sergeant: Yes. De Weerd: Thank you. Please state your name and address. Sergeant: Ron Sergeant. 4915 West Camas, Boise, Idaho. De Weerd: Thank you. Sergeant: My only comment I had on here is the report said that it's a five-foot chain link fence. Nampa-Meridian Irrigation District has requested a six-foot chain link fence, so -- De Weerd: Okay. Sergeant: Any other questions? De Weerd: No. Is that your only comment? Sergeant: Yes. That's the only comment. De Weerd: Okay. Thank you. Okay. Is there anyone else who would like to testify on this application? Okay. Any discussion? Okay. I would entertain a motion to close the Public Hearing. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we close the Public Hearing on MI 03-009 for Silhouette Subdivision. Nary: Second. Meridian City Council November 25, 2003 Page 21 of 67 De Weerd: Okay. It's been moved and seconded to close the Public Hearing on Item 12, MI 03-009. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Any further staff comments? Powell: Madam President, Members of the Council, no, not really. I mean it's just a question of which the City wants to see. I mean, in general, as planners we -- I like to see that the canal ways stay open. With the requirement that we currently have with Nampa-Meridian Irrigation District, they are not going to be real pleasant. I mean a six foot chain link fence and a narrow corridor with a ten foot pathway, may be okay for now, but, hopefully, sometime in the future we can maybe find a way to make those attractive or maybe not have fences. It might be 50 years, so who knows. At least it preserves that opportunity. De Weerd: Well, I do think that Nampa -- I don't want to get on my soap box about having a pathway plan and set standards and all of that again, so I won't. I think that Nampa-Meridian Irrigation District have requested over the years a solid master plan, so they know where we are -- the directions we are going and maybe some of that will solve -- or ease some of their concerns or some of the legal liability issues and we can move forward to have better pathways. Any discussion? Bird: I have none. De Weerd: Okay. I would entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the MI 03-009, the request for modification of conditions to leave the Onweiler Lateral open and construct a 10-foot wide paved multi-use pathway and place a s ix foot chain link fence along the south bank of t he canal for Silhouette Subdivision by Silhouette, LLC. East of North Meridian Road and south of East Ustick Road and to incorporate all staff and applicant comments, public testimony, and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve MI 03-009, with the noted change from the five-foot chain link fence to six foot and ask the attorney to draw up the appropriate paperwork and on MI do we have roll call vote? Berg: Yes. Meridian City Council November 25, 2003 Page 22 of 67 De Weerd: Okay. Mr. Berg. Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Continued Public Hearing from November 12, 2003: 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: De Weerd: Okay. Item 13 is a Continued Public Hearing from November 12, 2003, PP 03-026, request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-Q zone for Stokesberry Subdivision No.2 and we will open with staff comments. Powell: Madam President, Members of the Council, this is a replat of Carol Subdivision, three lots within that subdivision. They are -- you can see them highlighted in the dark area there. What they are proposing to do is to have, I believe, 15 buildable lots, so it would be substantially breaking up a mass of those buildings as to what was previously approved. Instead of three larger office buildings, you will be seeing 15 smaller ones. I think this h as been a consistent change you have seen throughout t he city 0 ver t he recent times and it wouldnlt be inconsistent. The public testimony -- or at the -- to summarize the Planning and Zoning Commission hearing, Daren Fluke testified in favor of the application, he is the applicanfs representative. There was also testimony from three of the public regarding the much smaller building size. The key issues of discussion did include landscape setbacks versus a landscape lot and I can go over those briefly, if I can get it to come up. The landscape ordinance specifies that this common landscape buffer, as required from the arterial road, should be in a separate lot. On many of the commercial projects we have seen this as an easement on the lot, father than on a lot itself. Staff is supportive of this change. We just wanted to bring it up at the Planning and Zoning and Council, so that you understood that that was a change from the exact ordinance. Parking was also discussed and, then, the building elevations. They were able to resolve most of those. There was no major change to staff recommendations. Outstanding issues are, one, regarding requirements for a noise screen study and I will get into that in a moment, and then, the second issue was the landscape lot, which I already brought up. Let me go ahead and move on to the noise issue. In the recommendations on Page 6, items included under F -- F1, 2 and 3, we did take the exact requirements for ITD and show those to you, so that you would understand what they are. The applicant has since followed up with ITO and you have - - that letter should have been provided to you today as a handout. It wasn't in your packets. Basically, ITO is saying this is a major road, we are now requiring noise screens, which is, basically, a noise survey. They say if you donlt -- if you want to approve this without having the applicant get this survey, then, this -- not only the developer needs to write a letter stating that they will never ask for noise abatement features of any sort and they would ask that the city do that as well. That's where that ( I, Meridian City Council November 25, 2003 Page 23 of 67 issue stands. I did fax this over to Mr. Nichols earlier. I didn't know if this was a -- didn't know if the city could waive their right to ask for 50 years from now, ask for a noise abatement on Eagle Road, because circumstances have changed. As staff, we couldn't think of any reason why the office uses would require a noise abatement, but I didn't know how comfortable the city was writing a letter saying that you would never ask for them. I need guidance 0 n t hat. I think that's t he only real issue with regard tot his preliminary plat as proposed. It does come forward with a recommendation for approval. The Planning and Zoning Commission did not get a chance to discuss the ITO issue. Did I say that right? Yes. We have not discussed it in a public forum yet. Bird: Madam President? De Weerd: Mr. Bird. Bird: This is either for Anna or Mr. Nichols. If we write this letter on this Stokesberry Subdivision, which I have no problem doing, because it is an office and I can't see why the noise abatement would hurt, but what does that -- does that keep us from writing -- or wanting noise abatement anyplace along Eagle Road. As I understand it, it kind of does, if I'm reading this right. Nary: Madam President, maybe while Mr. Nichols is pondering that I could ask a different question. De Weerd: Okay. Mr. Nary. Nary: You know, this is really pretty typical. You ask the government to explain itself and you get something even stupider than when we first looked at this. I mean this doesn't make a lot of sense to me, but do we need ITD's approval? We considered deleting this condition, so I'm wondering do we even need ITO's a pproval and if we delete this condition, because their explanation now is more absurd than what we thought it was to begin with, is that going to matter to this project? Because I think I was the one that talked Mr. Bird out of not deleting it until we understood it better and now I think the explanation is ridiculous, so why donlt we just delete it and does that really matter? Powell: I believe what you're asking, Councilmember Nary, is to delete the conditions of approval that are in there currently? Nary: I think there was one condition there of compliance with ITD's request and Mr. Bird, I think, when we had previously discussed this, had moved to delete it and I foolishly talked him into not doing it until we got a better explanation. Now, I don't like their explanation, I think it's silly. I think we should just go back and delete it, as long as that's not going to impact the developer from being able to go forward on his project. I mean this is silly. I mean we can't waive forever on whether or not a noise -- you know, some noise abatement may be necessary a year from now, five years from now, ten years -- that's silly. It's a silly request for them to want a letter from the city to bind us Meridian City Council November 25, 2003 Page 24 of 67 forever on this particular piece of property, but do you know -- does anybody know if it would impact their ability to get a building permit, go forward on this project if we just delete that condition? Powell: You know, the applicant might have worked with ITO a little bit more on those specific approvals. I think you do have to get an encroachment permit, but they already have the encroachment, so I don't think they would be tied to it for that reason. I think what this letter is saying is kind of, yes, go ahead and delete it, but we want you -- we request that you write a letter and they don't say you have to write a letter. It just says that they request that you write a letter, so that would seem to say you could delete the conditions of approval, go ahead, approve it anyway, and not write the letter. De Weerd: Mr. Nichols, do you have anything you would like to add? Nichols: Madam President, Members of the Council, if you delete the conditions, the applicant still h as toe omply with I TO tot he extent t hat I TO h as jurisdiction 0 ver the particular issues. So -- but what it does by removing the condition is you're just -- you're not going out on a limb with regard to future councils with regard to any particular issue that might affect this noise issue. De Weerd: Okay. There was one other pending item, other than this noise report, and I think that it would be really helpful to have minutes of our previous meeting, so we could follow this a little bit more closely. Is that possible, Mr. Clerk? I don't know if any of the rest of the -- I hate to rehash things and it would be nice to be able to review it prior to and not have to count on my scribbles to understand why we held it over as well. Powell: Madam President, I believe the minutes were finalized at about 4:00 o'clock this afternoon. I didn't have time to review them before the -- Berg: They have them in their box. Powell: Did they have them in their box? Okay. De Weerd: Thank you. My wish is your command. Nary: Madam President? De Weerd: Mr. Nary. Nary: What was your specific question? I found the page where we reopened the Public Hearing Page 29 of 63. We have the minutes actually right here, so -- De Weerd: I think there was something other than just the noise thing, too. Oh. Okay. We can just ask the applicant to come up and -- Meridian City Council November 25, 2003 Page 25 of 67 Nary: Madam President, just before Mr. Fluke comes up, what's indicated on Page 29 of 63 of our minutes of November 12, 2003, was that I had made the motion to reopen the Public Hearing for the limited purpose of finding out further information from the staff as to what this condition by ITD is. What impact that may have on the developer, as well as giving the developer the opportunity respond to what that impact they believe to be, but for that purpose only and that was just what I just read straight from the minutes. De Weerd: But if you go a little further, it's for discussion purposes that one other thing was that on the easement, if that's made into a lot, what impact it would have on those buildings for setbacks. Nary: Okay. Powell: The setbacks are always measured from the property line, so it is a great advantage to the applicant to have that as an easement, rather than a lot line. If it were a lot line, they could request through a PO that they be able to build on that lot line, but, then, from the building code standpoint, there are special -- there are restrictions for buildings that close to a lot line, so they'd have to meet additional building code requirements, likely. I think it is clearly an advantage. I think if we did not -- if we did require a separate landscape lot and, then, a setback from that lot, I think it would wipe out pretty much all of those lots back onto Eagle Road there. I don't think you would have a big enough buildable area. De Weerd: And was that not staff's recommendation? Powell: No. Staff's recommendation is they are fine with the easement as it is. I think the intent was to get that landscape buffer -- I think that the landscape ordinance primarily had residential subdivisions in mind when it required that the landscape be on a common lot, but I think for commercial properties we have routinely suggested -- at least the applicant has requested, anyway, that that could be within an easement, rather than a separate lot. De Weerd: Okay. Thank you. Does the applicant have any comments he would like to add to what we have already said? Is the testimony you provide tonight truth, the whole truth, and nothing but the truth, so help you God? Flu ke: It is. De Weerd: Please state your name and address. Fluke: Daren Fluke, 250 South Beachwood in Boise. De Weerd: Thank you. Fluke: I guess I don't have much to add, unless the Council had questions, I concur with the noise study, it's essentially ITD wanting to cover their back, so that future Meridian City Council November 25, 2003 Page 26 of 67 subdivisions don't come in and ask them to build a sound wall. If we were to do the noise screen and it said that noise levels were going to be at something above 65 decibels in the future, then, they would make us build a noise wall. They are not going to build it in any event, so we have already given them a letter stating that we will not ask for that, we would be happy to do it again, if you want to make it a condition. As far as the landscape issue goes, Anna is corfect in stating that if this were a lot line, instead of an easement line -- in other words, if that were your landscape easement, which is 35 feet, if that were made into a lot, we would have a 20-foot setback from there and that would render these unbuildable. This is the ingress easement right here, a cross- access easement, so that is your building pad right there and right now their exists on this lot about a five foot berm and extensive landscaping and so what we are, essentially, asking is for the building pad to come up to the toe of that berm, more or less. There is a little bit more room in there than that. If we had a -- I mean fight now we would be 35 feet off road. If we had had a 20-foot setback, we would be 55 feet off the roof and wouldn't have a buildable pad. De Weerd: Thank you. Any questions for the applicant? Thank you. Okay. This is a Public Hearing. We did keep it open for just those two items. Is there anyone who would like to testify? Any questions for staff? Okay. I would entertain a motion to close this Public Hearing. Nary: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Public Hearing for Item Number 13, PP 03-026. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT De Weerd: Discussion? I think Mr. Nary's already spoke his mind. Mr. Bird. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve PP 03-026, the request for preliminary plat approval for 15 building lots on 4.51 acres in an L-O zone for Stokesberry Subdivision No.2 by Properties West, Incorporated. West of North Eagle Road and north of East Fairview Avenue and to delete on the recommendations sections F completely and for the property line to be an easement as stated by staff as being approved with them and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate all applicant, staff, and public testimony remarks. Nary: Second. Meridian City Council November 25, 2003 Page 27 of 67 De Weerd: Okay. It's been moved and seconded to approve PP 03-026 with all staff comments, testimony, and ask the attorney to draw up the appropriate paperwork. Mr. Clerk, will you call roll. Roll Call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 14. Continued Public Hearing from November 12, 2003: PP 03-028 Request for Preliminary Plat approval of 52 building lots and 8 other lots on 17.5 acres in a proposed R-8 zone for proposed Glacier Sprin~s Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: De Weerd: Thank you. Okay. Item 14 is a continued Public Hearing from November 12, 2003. PP 03-028, request for preliminary plat approval of 52 buildin.g lots and eight other lots on 17.5 acres in a proposed R-8 zone for Glacier Springs Subdivision and we will open with staff comments. Powell: Madam President, Members of the Council, when you last visited this project, Glacier Springs adjoining Observation Point Subdivision, you directed the applicant to come back to you with a revised plat that matched the R-4 zoning requirements. They have submitted that. I believe that was the only issue still on the table and I apologize I wasn't at that hearing, but they have submitted that, staff has reviewed it, and staff has no concerns. They did lose a building lot in making that adjustment. De Weerd: Okay. Anna, I guess I do understand they lost a building lot, but on the park, is there any issue on that? Is that really usable space with the drainage incorporated there? And is there enough vision into that -- that lot that there is no safety concerns? Powell: We have not received anything from the fire department stating that that was of concern. Peeking behind me at Wendy, because I don't think she -- she was the staff planner on this, so -- so we have not heard anything. This was a straight subdivision, so the required landscaping was the five percent. I believe the applicant can give you exact numbers. We, generally, don't count the pond area. We probably made him do separate calculations excluding that, so we will -- can testify to you on that point. De Weerd: And I think Councilman Nary had asked about any amenities in there. Powell: It is straight subdivision, so there is no amenities proposed and I think the -- President de Weerd, you're bringing up a very good question that staff is struggling with these drainage lots and open space and -- but in the case of a straight subdivision, the five percent is kind of a visual open space more than it is an amenity open space, so that's been kind of an interpretation. Anyway, going through time and perhaps we need to get with the City Council and Planning Commission to modify that, but, generally, we ( Meridian City Council November 25, 2003 Page 28 of 67 review the required five percent open space a little different than we do an amenity open space. De Weerd: Okay. Any questions for staff? Okay. Is the applicant here? Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Schultz: Yes, it is. De Weerd: State your name and address. Schultz: Matt Schultz, 660 East Franklin with Tuscany Development. It's good to be here this evening. As staff reported we have -- went back to the drawing boards after our last hearing and made this a straight R-4 subdivision. I personally went through iC we looked at the areas of concern that President brought up and Mr. Nary brought up and Mr. Bird brought up about open space, the pathway lot and all that. We did submit - - a t I east I instructed my consultant to submit a revised landscape plan showing t he revisions we had made. How I approached this was I did the landscaping that I wanted to do and I counted it. I didn't kind of work it backwards and get it down to the exact five percent. We have I think about ten percent open space, only 5.4 is countable and usable per the city's code and ordinance, they don't allow you to count the first 25 feet along the roadway, we are not counting the pathway along the drain. However, since it is a pretty large area back there in the back corner, it's a very shallow and very usable open space, even though during a hundred year event there might be some water in it, it will be a dry grassed area that just happens to be a little bit depressed. It's not a deep area. It will be shallow and we will look at it as we do our engineering design, but we are going to try and minimize the depressed area and maximize the flat area. As you can see, the contours are back towards the back more now. They did before encompass the whole area and there is -- we did on the landscape plan -- you can't see it on the preliminary plat, but we have put a little meandering sidewalk back in there, a couple benches, to look back on that open space that's the drain and there is some beautiful trees back there and it is a real natural habitat that I think people will enjoy. I believe the city will require us to pave a little -- at least an access road over the top down through the middle there and there will be a turnaround, so if somebody wanted to drive back in there they could. If the police wanted to take a little quick jaunt, we are going to put a little turn around back in there, so it will be a paved pathway in addition to a little sidewalk meandering off of it off towards the back. We have tried to do what we could with this little area. We have widened the landscaping on Victory by I think an extra 25 feet, so it's way beyond. We are going to salvage a couple of large big trees there and open up the frontage there. I think the average lot square footage is around 10,400 square feet. If you -- 11m sure you remember, we do have a development agreement, which we are agreeing to establish a 2,000 square foot minimum home size and also, for the record, I don't know if this goes with the development agreement or not, we did meet with the adjacent owners to the east and talked about fencing and berming along that and we had agreed to a two to three foot high berm with a five foot vinyl fence on top of it in conjunction with the tiling of the drain and they were asking me Meridian City Council November 25, 2003 Page 29 of 67 how do they know that thafs going to happen and I said, well, you can take my word and we will put it on the record and we are going to get it done, and so, with that, I think we have got a good subdivision that's going to compliment Observation Point. It may not be exactly the same, but I think it's a high quality subdivision in a great area and with that we ask for your approval. De Weerd: Okay. Any questions? Bird: I have none. Nary: No. Powell: Madam President, we still seem to be missing the revised landscape, though. Nary: It's with No.7, I believe. Bird: 7B. Nary: Yeah. 7B. Madam President? De Weerd: Mr. Nary. Nary: I guess just one comment before we close the Public Hearing. You know, I think, obviously, we have had this discussion I think a few times with planning and I know -- I think Mrs. Powell is absolutely right, we have had occasions and concerns that the five percent -- just having five percent open space isn't always enough, that we have to be more definitive of what that means. I think as a Council many times we have had to sit up here and really -- since we trust what the developer tells us that's going to happen. I think we said that the last time. I was looking here at the minutes while Mr. Schultz was talking. I think we said that the last time, I don't think it's a ny different. I think Mr. Schultz has, both on this occasion, as well as others, been very accommodating trying to meet the needs that we have expressed on open space and density and the like. I don't see this one any different, so I'm not really concerned Mr. Schultz did sayan the record back on November 12th that they would submit a landscape plan, that they would work to make it into a very nice park like sort of atmosphere, we were looking at making it into a usable green space. He committed to doing that and, really, until we are more definitive, we have to trust that, and I do, I don't see a reason that we shouldn't. We do need to probably as a Council and with planning have that discussion about what do we do in the case of people that maybe need a little more definition of what we mean by usable open space, but this isn't the project to really make that particular pitch on, this is something I think that Mr. Schultz has already made that pretty clear and he's done that in the past, hels been here before, he will be here again, and he certainly doesn't want to come back here and have a nice cement and grass mosquito breeding ground that has us looking at him on something else, so he's not going to do that and I donlt have a concern about this one and I think we need to probably look forward in the future to doing a little more with our ordinance. ( Meridian City Council November 25, 2003 Page 30 of 67 De Weerd: Thank you, Mr. Nary. It is a Public Hearing and we did keep it open for just the new preliminary plat. Is there further testimony? Raise your right hand. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Sackett: Yes. De Weerd: Please state your name and address. Sackett: Gary Sackett, 2008 Peppercorn, Boise. Just some clarifications. I think the developer has done a nice job working with and trying to be cohesive with the area and I commend the efforts that he's made throughout here. I just had some questions. Does this new plat reflect the road -- them asking you to move the road, t he entrance? It does, indeed? And, then, at the front of the subdivision we have in Observation Point a sidewalk that goes along there. Does it connect -- do we continue that? We have kind of a meandering sidewalk. Does it -- De Weerd: Yes. They have to connect. Sackett: -- connect to that? And then the one request that we would have is during development if they could barricade Loggers Pass, so that construction doesn't come through Observation Point while they are moving dirt and doing all their work there. I think that was a requirement that Meridian Greens asked that we do for them to make sure we weren't using the area while we developed and we were wondering if that would be an appropriate remedy. De Weerd: Okay. Any questions? Okay. Sackett: That's alii have. Thank you. De Weerd: Thank you. Okay. Anything further? Okay. Would you like to close the Public Hearing? Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we close PP 03-028, Public Hearing request for preliminary plat approval of 52 building lots and eight other lots on 17.5 acres in a proposed R-8 zone for Glacier Springs Subdivision by Tuscany Development, Incorporated, east of -- north of East Victory Road and east of South Meridian Road. That has been changed, I believe, to an R-4 zone. Nary: Second. Meridian City Council November 25, 2003 Page 31 of 67 Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Anna, would you put in the record the date on this revised preliminary plat, please? Powell: 11/6/03. Wait a minute. Excuse me. Nary: 11/17/03. Bird: Yeah. 11/17. Powell: Thank you. The received stamp says 11/17. Bird: It's going to say revised down there, too, Anna. Powell: Yes. We have it. Sorry. Goes with the tongue-tied today, I guess. Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no other comment, I will make a motion. First of all, I want to restate -- and I think I'm speaking for all the -- De Weerd: We have to close. Bird: Oh, we got to vote on that. De Weerd: Can I first close the Public Hearing? Bird: Did we vote on it? Nary: No. De Weerd: We just -- your motion was to close the Public Hearing. Bird: Yeah. It was originally. De Weerd: And it was seconded. That was discussion on closing the Public Hearing. Bird: I'm just trying to hurry this along. De Weerd: Okay. All those in favor of closing the Public Hearing on Item 14 say aye. All ayes. Motion carried. Meridian City Council November 25, 2003 Page 32 of 67 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Discussion? Bird: Madam President? De Weerd: Mr. Bird. Bird: Hearing no discussion, I will move that we approve PP 03-028, the request for preliminary approval of 51 building lots and eight other lots on 17.5 acres in a proposed R-4 zone for the proposed Glacier Springs Subdivision by Tuscany Development, Incorporated, north of East Victory Road and east of South Meridian Road and to incorporate all staff, applicant, and public testimony, which -- some of the things that was included was a 2,000 minimum house and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-028, with all staff comments, noting the changes as stated in the motion, and the attorney to draw up the appropriate paperwork. Mr. Clerk, will you call roll. Roll-Call: McCandless, absent; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: 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: Item 16: 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: De Weerd: 0 kayo Item 15, Public Hearing RZ 03-010, request f or a rezone of 4 .47 acres from R-4 to R-8 zones for the proposed Woodside Creek and I will open this Public Hearing with staff comments. Oh. Can I open both? I will open both and open Item 16, Public Hearing PP 03-025, request for preliminary plat approval of 15 building lots a nd five others lots 0 n 4 .47 acres in a proposed R -8 z one for Woodside Creek. Anna. Powell: Madam President, Members of the Council, this is Woodside Creek. It's located on Ten Mile Road just north of Berkeley Square and south of Rod's Creek Subdivision. The school -- elementary school lies just to the west of the subject Meridian City Council November 25, 2003 Page 33 of 67 property. There is a copy of the preliminary plat. It's a fairly straight forward subdivision. At the Planning and Zoning Commission zero members of the public either testified in opposition or expressed concerns about the proposed project. No one testified in support of the project either. The key Commission changes to the staff recommendation was that the plat must be revised to feature two access points or the applicant must receive a waiver from the fire department. So, they currently weren't proposing access to Ten Mile Road. There are a limit number of -- just 15 -- building lots on this -- within this subdivision, but that was the recommendation as it came forward from Planning and Zoning. With that, I will leave it for questions. De Weerd: Thank you, Anna. Any questions? Okay. Is the applicant here tonight? Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Cook: It is. De Weerd: Thank you. Please state your name and address. Cook: Richard C oak. 1 800 West 0 verland Road, Boise. Briggs Engineering. Here tonight representing the client Jeff and Kathryn Wood, I believe it is. Somewhere in here I have a letter from Deputy Chief Joe Silva with the Meridian fire department and I furnished staff a copy of that letter, where they have approved this subdivision without the secondary access. That condition was removed from his previous letter. The other thing I'd like to point out on the preliminary plat is that we have taken this sewer easement that goes through Lot 1 1 h ere and we a re eliminating t hat and we will be connecting our sewer to the stub that is in New Cliff Creek Avenue right here. Or not new, but North Cliff Creek Avenue, and that will eliminate the necessity for taking this -- what had been proposed as a 15 foot wide easement and making it a 20-foot wide easement through here, and the change that we made to the preliminary plat to satisfy Deputy Chief Silva was that we eliminated the sidewalk going around this open area and widen our street section out to a full 33 foot wide street section with a 42-foot right of way. So, we are in compliance with all the ordinance requirements and the desires of the Meridian fire department and I think that covers it. Oh, one other thing I wanted to mention, too, is this is an existing home and it will be accessed from the interior of the subdivision and the landscape buffer, this 25-faot buffer, has to go around that house and that has been noted on -- during the Planning and Zoning Commission hearing and with that I will conclude my remarks and answer any questions you may have. De Weerd: Okay. Any questions for Mr. Cook? Nary: Madam President? De Weerd: Mr. Nary. Nary: And maybe it's in here, Mr. Cook, and I just didn't see it, but for the access road, obviously, it has to go through Berkeley Square. I mean how are people going to know Meridian City Council November 25, 2003 Page 34 of 67 how to get there? Is there some shared sign agreement? Is there some shared access thing? I guess I'm a little unclear and I guess I didn't notice in there, how are people going to know it, that that's how you get there? Because I drive by this all the time and I couldn't see how people get in there. Cook: We are going to set up a great big huge fireworks stand here and set off rockets. I don't know. That has not been addressed. I can only imagine that we will probably end up approaching the folks that have a control over Berkeley Square Subdivision and see if we can do a joint sign out on Wave Street that accesses out onto Ten Mile to bring the public's attention to Woodside Creek. Nary: And I guess part of the reason I asked that is because it would appear to me you need an off-premise sign to have access and I don't know that it would be allowed. So, I guess I'm -- I guess the frustration for me is, obviously, as you and your client designed this, you know there is no access on the roadway to this, it has to go through another subdivision, sow hy wouldn't you at this p oint figure out how dol let people know where we are at, so that we are not going to have a variance request three months from now and your hardship is, well, what do we do, we approved this subdivision and we are landlocked in there, and we don't have any other way for people to know where we are and I'll ask you that when you come back with a sign variance, too. Cook: Mr. Ken Reeves, who is with the developer on this particular project, is here this evening and I think he may have an answer for you on that sign. Nary: Great. De Weerd: Okay. Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Cook: Thank you. De Weerd: Okay. Raise you right hand. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Reeves: Yes. You bet. De Weerd: Thank you. Please state your name and address. Reeves: My name is Ken Reeves at 1607 Latah in Boise and our thought was in marketing this -- first of all, it's already pre-sold. We are not having to get exposure in marketing as far as builders are concerned. It comes down to the visibility off of Ten Mile, that frontage out there. Our thought was we may have to get a variance for a sign Meridian City Council November 25, 2003 Page 35 of 67 to be able to put it on the property off the berm area, so it does have that visibility on the inside with directions how to get into it. So, other than that, we didn't feel we needed anymore exposure or signag8 to be able to accomplish what we needed on it. Does that make sense? Nary: Madam President? De Weerd: Mr. Nary. Reeves: Does that answer your question? Nary: Well, I guess it answers my question that you have thought about it, at least, so -- and I appreciate that. I mean just because it's pre-sold, I assume that the people that are going to live there might have guests that come there that won't know where it is, so, you know, you're still going to need some visibility and I guess my only frustration about it, which there isn't a solution tonight, is that should have been part of this whole package. How you're going to get people there is no different than any subdivision has to figure out where the signs are going to go or how this is going to be visible and you have a unique circumstance in that your only access to your subdivision is through somebody else's property and there is no frontage on the roadway to make that visible and so it's -- that's a fairly unique circumstance and I guess my -- like I said, my frustration is you're going to probably need a variance to do that and I guess I would like to have seen it all at once, rather than in pieces, but -- Reeves: Okay. Going through this process, can we ask that of you folks tonight, to do - Nary: No. De Weerd: No. Nary: No, you can't. De Weerd: An application. But, Mr. Reeves, did I hear you say you would put it on the berm on your own property? Reeves: Yes. That's, really, what we were planning on doing. De Weerd: In your landscaped area. Reeves: On that basis we don't need a variance. De Weerd: No. Nichols: Madam President? Meridian City Council November 25, 2003 Page 36 of 67 De Weerd: Mr. Nichols. Nichols: Madam President, I'm not sure to what extent, you know, signs are permitted within the landscape buffer in accordance with the landscape ordinance, but, Mr. Reeves, the entrance road into the subdivision has the same street name as that side road off Berkeley Square; correct? Reeves: Yes. Nichols: So, Council, I think part of the confusion is probably people that live in there would say turn into Berkeley Square and take the only right that you can take and you'll find us. Reeves: That's the one benefit, it's not complex, the neighbors can get -- the street signs. It's pretty straight up forward on this one as far as -- Nary: Madam President? De Weerd: Mr. Nary. Nary: Yeah. I just want you to understand, Mr. Reeves -- and it's not like I'm trying to be difficult, I just recognize that you probably have a little more issue that maybe we should have had now and the problem is, as we have dealt with before on variances, the hardship that's here is partly created by the way you have designed your subdivision and so that not -- thafs not necessarily something that we can give you credit for if you create your own hardship and that's my only concern is that we really should have had this whole package together. I think you probably will be able to work it out, but -- and if I'm mistaken on the sign ordinance, I mean certainly the planning staff will give you the right answer, but that was my only thought is that you might need a off-premise sign on someone else's property and that's probably not allowed, so -- Reeves: Okay. Nary: -- without a variance. De Weerd: Anna, can you address that? Powell: Yes. It would be considered an off-premise sign and would require a variance. I am as equally opposed to variances and just as a general comment, we don't have a requirement that they put up a subdivision sign and with so few homes, it really may not be appropriate, it may be more confusing to have a separate subdivision sign sitting there by the Berkeley Square Subdivision sign. I imagine 20 years from now these folks will just think they live in Berkeley Square Subdivision. I mean that may be a little confusing for them, but, you know, they will tell their friends go to the Berkeley Square Subdivision, turn right, and that's how you get there. The only real concern is when they are trying market them and get people in them in the first place, but the temporary signs Meridian City Council November 25, 2003 Page 37 of 67 aren't -- that prohibition for temporary signs are -- they are more lenient -- the restrictions are more lenient. There you go. So, I think that they would be able to get that advertising done in the model home type for a limited period. De Weerd: So, I guess if you need a sign, you need to work with staff or you might consider not having a sign. Nary: Thank you. Reeves: Is there any other questions? De Weerd: No. Do you have any questions? Reeves: No, I don't. Thank you. De Weerd: Thank you. Okay. Is there any other testimony? Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Homan: Yes, it is. De Weerd: Please state your name and address. Homan: My name is William Homan and I live at 3265 West Park Creek Drive. De Weerd: Thank you. Homan: Madam President and City Council Members, what I'm here tonight to do is not to delay any progress, but had a question and the question is there is an irrigation ditch that runs along my property line and also the Woodside Creek property line and I guess it runs right along here. Since I purchased my property, I have maintained all water rights and what I was asking if there is a way that I can maintain access to that, after -- I'm going to assume that they are going to bury that or could bury it or something like that, and I was wondering if there was a way that I could maintain access to that water. I have checked with the Meridian-Nampa District. The way the water feeds, it feeds in from the Eight Mile drainage and that is the same water that it is included in my water rig ht. De Weerd: And so Nampa-Meridian Irrigation District, did they say that you would have access to the piping that they bury -- to what they bury? Homan: Would they -- well, I don't think they are planning on doing the burying of those. De Weerd: It is a user ditch. Meridian City Council November 25, 2003 Page 38 of 67 Homan: I have checked with them several times, once before probably -- let's see, I'm trying to think of the dates now. '96, probably 198, and, then, recently this year as well, and, actually, they are saying that the property owner here -- this is my property -- is responsible for gaining any access to that in the future, running forward, and so what I'm here today is -- is 11m asking if there is a way that I can maintain to have access. It runs right on my property line, there is a fence right there. Actually, there is not even a fence at this corner of my lot and I have access there, but I just want to know if I can maintain access. De Weerd: Mr. Nichols. Nichols: Mr. Homan, a couple questions. You currently use water out of that ditch? Homan: Yes. Nichols: There is a state statute that says when somebody does something with their property, they can't mess with the ditch and your access to it that you have had, your historical use. So, I'm sure that the developer will work with you to accommodate the tilting of that ditch and how there might be access for the water that you apply to that lot. Do any of your neighbors pull water out of that ditch? Homan: To my knowledge, in 196 that was the last time -- I think, '96, '97 -- might have been -- oh, it was '98. It was the second time. Everyone in the subdivision was given an option to waive their water rates and .there was a fee that they paid to do that and there is a term for it. Nichols: I believe it's probably a petition to be excluded from the district. Homan: Right, and, to my knowledge, everyone else, at least concerning Woodside, these neighbors here that I have done that. They have waived their right to it. They didn't wish to have or seek out -- so, at this point, to my knowledge, I'm the only one that's even eligible for access to that at this time, but 11m not the expert in that area. Bird: Madam President? De Weerd: Mr. Bird. Bird: Mr. Homan, do you flood irrigate out of the ditch? Homan: In certain areas I can. Bird: Or do you pump it out with a -- Homan: I can flood irrigate. In this portion of my house -- it can come in -- where it comes in is right about here and, then, it can, actually, water this whole section of my Meridian City Council November 25, 2003 Page 39 of 67 yard here. If Meridian District would allow me to set up something on -- actually, on my property to use a small pump, I'd like to do that as well. Bird: I was just going to say, that's illegal, I think. Homan: I haven't been doing any of that, but it floods over into the lower half of my yard. Bird: But you do flood irrigate out of it? Homan: Uh-huh. Bird: Okay. So, that's the only way you can irrigate out of that ditch is flood. De Weerd: Okay. Thank you. Homan: So, I guess one question I had. Do I talk to -- De Weerd: We will have the applicant respond. Homan: Oh. De Weerd: Okay. Thank you, Mr. Homan. Cook: Richard Cook, Briggs Engineering. In response to Mr. Homan's question, we are going to be putting in a pressurized irrigation system for this development and it won't be a problem to extend the line over and include him in that pressurized irrigation system, so he can have full access to it. De Weerd: So, you will have better access than you have now. Thank you. Any further comments? Cook: No. Other than I was just a little bit curious on the sign issue. You know, I really -- I don't think it's going to be an issue, because, you know, for advertising the subdivision is up for sale, we can, you know, use a temporary and I don't really think we are going to need a permanent sign, but on the design issue, I don't know how else we could have done it, because we can't access Ten Mile Road and we have to have a 25 foot wide landscape buffer along Ten Mile, so we have no direct access to Ten Mile, so this is the only way we could access the subdivision. De Weerd: So, you didn't really create your own situation. Cook: Well, it was the only way we -- we had no options. That was -- there was no other way available to us to access the subdivision. De Weerd: Okay. Meridian City Council November 25. 2003 Page 40 of 67 Nary: Madam President? De Weerd: Mr. Nary. Nary: Mr. Cook, just so I guess our record is clear, it sounds to me like what you're saying on the water that you're going to change, essentially, the way the delivery comes in to create this pressurized irrigation for the subdivision and so if you're going to build -- extend the line for Mr. Homan's property, then, since you'd have to maintain ifs historical way of doing that and you want to change that, you're not going to charge him to do that, then? Cook: No, we aren't. Nary: Okay. Great. Cook: No. Okay. De Weerd: Thank you. Okay. Any other comments before we close the Public Hearing? Nary: No. De Weerd: Any other testimony? Okay. I'll entertain a motion. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we close Public Hearing RZ 03-010, rezone 4.47 acres from R-4 to R-8 zones for the proposed Woodside Creek by Woodside Properties, LLC, 1115 North Ten Mile Road and also Public Hearing PP 03-025, the request for preliminary plat approval of 15 building lot and five 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. Nary: Second. De Weerd: Okay. It's been moved and seconded to close Items 15 and 16, RZ 03-010 and PP 03-025. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Any discussion? Further staff comments? Okay. Bird: Madam President? Meridian City Council November 25, 2003 Page 41 of 67 De Weerd: Mr. Bird. Bird: I would move that we approve RZ 03-010, the request for a rezone of 4.47 acres from R-4 to R-8 zones for proposed Woodside Creek by Woodside Properties, L LC, 1115 North Ten Mile Road, incorporate staff, applicant, and public testimony and for the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve RZ 03-010 with all staff and applicant comments and ask the attorney to draw up the appropriate paperwork. Mr. Clerk, will you call roll. Roll-Call: McCandless, absent; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve PP 03-025, request for preliminary plat approval of 15 building lots and five 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 and to incorporate staff, applicant, and public testimony, also to include in the ditch that Mr. Homan's property in Parkside will be furnished at no cost pressurized irrigation system to his property line and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve PP 03-025, with all staff and applicant comments and testimony, with the change as noted and the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Mr. Clerk. Roll-Call: McCandless, absent; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We will take a ten-minute break before our next item and we will just reconvene at 9:30. (Recess. ) Meridian City Council November 25, 2003 Page 42 of 67 Item 17: Public Hearing: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: De Weerd: Okay. I will go ahead and bring us back from our recess and open up the Public Hearing on Item No. 17, CUP 02-004, request for revocation -- oh-oh, I have Anna's thing. You know. Okay. I'll just open it and ask for staff comments. Nichols: Madam President, if I may, because this involves an application -- or a request to revoke a Conditional Use Permit, I'd ask that you swear staff in before the hearing in this one. De Weerd: Okay. Well, I can swear you both in at the same time. Is the testimony you provide the truth, the whole truth, and nothing but the truth, so help you God? Powell: Yes. Kirkpatrick: Yes, it is. De Weerd: Thank you. Do they have to state their name and address? Nichols: As they initiate their testimony, yes. De Weerd: As you initiate your testimony, please, state your name and address. Kirkpatrick: Wendy Kirkpatrick, 660 East Watertower, Suite 202, Meridian, Idaho. 83642. De Weerd: Thank you, Wendy. Kirkpatrick: And I think you all should know, I was here about a year ago and I'm Wendy Kirkpatrick. I'm a city planner with the planning department and, let's see, 1111 start going through the staff report here. Meridian Automotive is located at the intersection of Main and Bower Street and here is a site plan of the project. Basically, we are here for the -- or staff is here supporting the revocation of the CUP application approved in 2002 for the expansion of the Meridian Automotive building. I'll go through - - IIII run through a brief history on the CUP permit. In 2000 -- actually, May 7, 2002, a Conditional Use Permit was approved for Meridian Automotive's expansion, which encompassed the construction of the western most building on the subject property and this CUP, which was approved in 2002 superceded the CUP which was granted in 1997. And 11m not going to go into it, but there is a long history of the city taking action against John Nesmith, the owner of Meridian Automotive, because they have not come into compliance with the CUP which was approved in 1 997 a nd to resolve that they went ahead and approved this new CUP in 2002 to encompass all of the things that had not been completed in 1997 and, essentially, wiped the slate clean and give the applicant a chance to come into compliance with the Meridian city code. There are a ( Meridian City Council November 25, 2003 Page 43 of 67 number of conditions of the 2002 CUP, which were added or modified from the original CUP to bring the applicant in compliance. These include bringing landscaping up to standard, paving the parking lot where cars are stored near the Union Pacific right of way, a permit for the sign, sidewalk needs to be installed on Bower Street and the western most building, which was constructed in '97 does not currently have an occupancy permit and does not meet current building and fire code. A condition of the CUP for -- which was approved in 2002 stated that if all conditions of approval were not approved, the CUP would be revoked. That's why we are here this evening, and to go through some of the procedural things that brought us here this evening. On October 10, 2003, the City sent John Nesmith a letter notifying him of the City's intent to revoc the CUP. On October 23rd John Nesmith responded to the City's letter requesting a hearing to contest the revocation and that's why we are at this hearing this evening. I'm going to go through some of the conditions that have not been completed by the applicant. Let's see, the building that we are -- that we will be referring to is the western most building, it's titled existing building to remain and it's a little bit confusing. In the CUP it's phrased as an expansion of the automotive building. It, actually, is not attached to the existing Quonset hut building you see off of the main street, it is a separate building, and I'll go through the conditions that haven't been completed and I also have some photos showing that these have not been completed. So, we have the sign permit that has not been obtained for the existing Meridian Automotive sign and this is the sign in question. We have landscaping that has not been installed in accordance with the approved landscaping plan. And there are a couple different areas where they have not come into compliance. Trees and shrubs were not installed to our specifications or to the approved plan on the southern edge of the property. The landscape buffer has not been installed on Main Street. And trees and shrubs have not been installed along Bower Street. And I have a photo -- this is actually just showing on Main Street where you can see that there haven't been trees and shrubbery -- or that landscape buffer installed off of Main Street. This next item, the storage area and parking area located in and near Union Pacific Railroad right of way has not been landscaped and paved in accordance with the approved landscaping plan. And you can see this parking area has not been landscaped or paved. Okay. This one deals with facade improvements and landscaping that need to be completed prior to the occupancy of the western most building and I gave you all a couple of handouts before the hearing this evening, which I want to enter as -- enter as Exhibits 13 and 14. The first of these is a memo from Daunt Whitman, who is the city building official and the memo was sent to me Monday, November 24, that's why you're just getting it this evening. And this concerns the lack of an occupancy permit for -- I'll go ahead and show the building -- the lack of an occupancy permit for this building and this is when -- and Exhibit 14 refers to this. When this building permit was issued originally it was issued for a storage building and the applicant, whom I understand from previous applications and action taken against the applicant, the applicant has an arc welder and has been actually running an automotive shop out of this building, which was not permitted through the original building permit, so the building is not sprinklered. If they were to run these types of activities out of the building, the building code would require it to be sprinklered. And Daunt Whitman's memo addresses that and so does the original building permit they received in 1997. So, this is the shop that's in question. And Meridian City Council November 25, 2003 Page 44 of 67 another condition, sidewalks have not been constructed on Bower Street as required by the approved landscaping plan and this is some of the area along Bower Street where you can see it's still dirt, they haven't constructed sidewalks. And that's the end of the photos that I have. Go ahead and put the site plan back up. So, that concludes this part of my presentation where I run through the conditions that have not been met. I think it's, actually, a pretty black and white matter. The conditions of approval for the CUP approved a year ago stated that if all conditions were not improved, the CUP was revoked, and there are a number of conditions that have not been completed and in my opinion the most serious of these is that the building has not received an occupancy permit and is not -- has not been constructed to a standard where it would enable them to have the activities in the building, including the welding and auto shop that are taking place in the building. Are there any questions of staff? De Weerd: Wendy, can you tell us what improvements have been made since 2002? Kirkpatrick: Some landscaping has been put in. I believe some landscaping has been put in along Main Street and along the Union Pacific right of way. Not -- it doesn't meet the standard -- it doesn't meet the approved plan, but some landscaping has been put in and I believe also the fencing along -- along the storage area near the Union Pacific right of way is new. And I wasn't working here at that time, so I won't have a clear chronology of some of the improvements that have been made, but that's my understanding. De Weerd: Okay. Thank you. Anna, did you have anything to add? No? Okay. Would the owner please -- Nary: Can I ask a question of staff before -- De Weerd: Oh. I'm sorry. Yes. Nary: Wendy, the way it's phrased in here about the welding operation, what evidence do you have that they are using it as welding? Kirkpatrick: From what I understand Daunt -- Daunt Whitman has actually seen them gone -- has gone and done an inspection of the building and saw them welding in the building. Nary: Because his report doesn't say that. His e-mail says if they are welding it has to be compliant and it's not. There is nor eport from code enforcement that they have been out to the site and inspected it and find it to be out of compliance. Powell: Madam President? De Weerd: Please state your name and address. ;' \ Meridian City Council November 25, 2003 Page 45 of 67 Powell: Anna Powell, 660 East Watertower, Meridian, Idaho, 83642, Suite 202, the planning director for the city of Meridian. I believe that the memo from Daunt states that the cutting torch and welder that were present at the time of request for occupancy and I think he's stating there that he saw them there. Nary: Well, I can have a baseball bat in my house. It doesn't mean I play baseball inside. So, I mean did anybody go over there and see this activity occurring? Powell: Planning staff does not have any knowledge of it. Weld have to ask Mr. Whitman. Nary: Okay. De Weerd: Thank you. Mr. Nichols, did you have something? Nichols: Madam President, I think it would be appropriate to just include in the record all of the exhibits that Ms. Kirkpatrick outlined on page seven of her staff report and include Mr. Whitman's memo, which would be No. 13. The copy of the building permit application would be No. 14. And the plan review dated October 11, 1997, from Code Consultation Services of Idaho would be No. 15. De Weerd: Thank you. Is that sufficient, you're noting that, or do I need to specifically note it? Nichols: Well, you, as the presiding officer for the Council, have to include in the record whether or not you accepted or admit those exhibits to the record. De Weerd: Okay. Well -- thank you. We will admit the exhibits presented to us in our November 25th or our packet from Planning staff stamped -- or date stamped on November 21st that had a list of exhibits, Exhibit Items 1 through 12. And, then, also the additional information that we received today noted as Item 13, which is the building permit application -- or, I'm sorry, 13, which is the e-mail from Daunt Whitman to Wendy. Fourteen, the building permit application. And, 15, which is the plan review from CCSI. Nichols: Madam President -- De Weerd: And we will just add that to the packet on page seven of the staff's packet. Nichols: Madam President, it also asks that you include in the record the copy of the notice of hearing as an additional exhibit, which would be No. 16. That's provided as part of your packet as well. De Weerd: Okay. The notice of the Public Hearing is admitted as Item 16 that is also in our packet of information. Nichols: Thank you. Meridian City Council November 25, 2003 Page 46 of 67 De Weerd: Thank you, Mr. Nichols. Nary: Madam President, can I ask one more question before Mr. Nesmith comes up? De W eerd : You bet. Nary: On some of these things like landscaping, many times people bond for that. Was there no bonding or anything on this particular project? Kirkpatrick: From what I understand the applicant was discussing with the city bonding. They have not completed that bond for the landscaping. There is some correspondence going back and forth between the city and the applicant regarding the bond. Nary: Okay. Do you have any of that information for the record? Kirkpatrick: I have not included it in your packet. I do have that folder with that correspondence. Nary: Okay. Thank you. De Weerd: Any further questions? Bird: I have none. De Weerd: Okay. Would Mr. Nesmith step forward? Please raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Nesmith: Yes. De Weerd: Thank you. Please, state your name and address. Nesmith: John Nesmith, 505 North Main Street, Meridian, Idaho. 83642. In response to -- one of the reasons why I wanted to revoke -- or not contest the revoking of this CUP is to, I guess, clarify some things. I had to go through the CUP process in order to know whether or not I could even do the project that I was proposing to do. I guess I'd just like to go through the list of issues and maybe I can clear up part of the issues. I have had a -- quite a time getting, I guess as previously discussed in other aspects of this Council meeting, that there is issues with downtown Meridian with drainage issues, sewers, and stuff like that and that it has taken me, admittedly, probably, because I'm doing it as a developer and not hiring it professionally done, I have hired an engineer, but they were contracted to work with ACHD to get the sidewalks done and that has taken a very lengthy time and several plan reviews to get that accomplished and I guess as of now I brought with them -- I just got them tonight, the current plans that are Meridian City Council November 25, 2003 Page 47 of 67 supposed to be approved to be able to get to the water drain down the Bower corridor into the drain thing that they got in the middle of the street, but -- and they also do not want to -- I have Scott Reidel's number at ACHD that you guys can contact if you want verification of that, that they also do not want the sidewalk still built for another three months, because they are going to have to lower the drain in the middle of the road in order to actually be able to drain water, because there is an elevation issue and we can't drain the water, because I guess it's just -- there is not enough fall between point A and point B. S 0, they want to lower the d rain a nd they wanted me to construct the sidewalks at that time, I guess, to lessen the impact of the whole construction process and blocking the road. So, in order for me to get water to landscape the front of the property, I wanted to, in my infinite wisdom, wanted to use the sidewalk corridor to plumb water up in there, so I wouldn't rip a perfectly good parking lot up to get water there and -- so, in other words, I wasn't able to complete any land -- well, the landscape plan as it was set because of that. I have installed and it could be checked by the City of Meridian, the water department, an irrigation meter and it is sitting there waiting for this project to continue and be furthered on. It's got a pipe stubbed up, so I have water to use, so I can irrigate the front portion of the property. I guess I somehow like would get their record, because if there has been a constant defending my sign that was remodeled, there is not a need for that last time we went through that. Actually, there was not a sign permit for the one that's on the building and it was my -- the gentleman at Planning and Zoning said it wouldn't be an issue, I just physically haven't paid the permit fee to do it, but it is not the drive-by sign on North Main that is in question, it is the sign that's on the building, just for sake of clarification. The sign that was on North Main was remodeled and refaced, reduced in height, and I was told at that meeting that there was no issues with that sign. The storage area that has not been landscaped or paved, obviously, there are issues from me not landscaping it. I have also talked to Anna and I guess there has been a change in the way Meridian Planning and Zoning Department regards storage lots and they are now going to permit a more economical way of -- of coding that to where the dust abatement is handled in such a way that they are happy, but it was not going to require me to pave it and that is one of the things, you know, due to the downturn of the economy and uncertain economic times, but it's, obviously, a substantial -- a lot of money difference between paving and using reclaimed or recycled asphalt, which was originally approved by Planning and Zoning, but denied by City Council. I guess lId like to clear up the statement from Daunt. I have had some, I guess, problems with poor communication in that department. He was in contact with my architect at the time and we were trying to get an occupancy permit and we, actually, h ad a heck 0 f a time - - I honestly believe I was being ignored a nd n ot taken care of the way that it should be. I did get a visit from Kenny Bowers -- and he's in attendance, which should clarify the fire classification and it was a surprise visit and I -- and this dates back in the '97, '98 area, that there was an issue with not wanting to have welding equipment or cutting equipment back there. In fact, in the gap of -- between the two buildings had several cylinders that have welding gas in them and when Kenny went want by -- I have known him for a long -- you know, several years and he said that he would rather see the welding cylinders moved, the welding equipment moved out of the shop and not be used and I complied and when he came back by -- and this has been five or six years ago when they spot checked it, it has not been there Meridian City Council November 25, 2003 Page 48 of 67 from then and it has never been there since then, as far as welding equipment. So, hence, I think -- I think Daunt's memory or -- I don't know what the issue is, why he e- mailed that over, other than, to be honest with you, possibly to create me more problems, because there is definitely issues with Daunt and personality issues with -- you know, having a problem with my project. So, I think the occupancy is accurate. We are just purely exchanging parts and storing cars. The use has changed from '97 to now. It is -- obviously, I wrote down that I would be working on cars and I would be storing cars. It has changed. We are working on a lot more cars, the ratios have changed, you know, probably flip-flopped. But as far as when we built it, the firewall was put in, it was built in accordance to the current building codes and I do not believe that there is any problem with the way that it's being used as far as the way that it was designed and built, because we have a barrier between the two buildings on purpose, so we wouldn't have to sprinkler the building and we had extensive talks about that, so I guess in conclusion w hat I wauld like to d 0 is, a bviously, a nswer a ny questions that have -- that you -- that the Council may have. But I would like to request some additional time to get the sidewalks completed, like I have attempted to do, and that way I can also -- what I had discussed with Anna was to submit either an application to revise the CUP, because I still want to do the landscaping and I still want to use the railroad corridor. With the uncertainty of the economic times I wasn't sure if I wanted to complete the building addition at this time and I -- like I said, I would still like to do all the things -- all the other improvements and I would like to, actually, just extend an additional six month to get the sidewalks done and completed, because of the winter aspect of it. I should have completed plans. ACHD told me that they were going to complete the drainage in the next three months, which I would be immediately -- got a contractor ready to go to work. In fact, if you could zip back on your plan as far as on Bower Street and show a slide on that, the one that's facing Main Street. Actually, you can probably see them there. We were stopped by ACHD. Actually, we have already done the saw cutting and when you -- facing Main Street you can also see the saw cuts going across the road, but we are stopped because of the drainage issue and the elevation issue, they stopped us right before they started excavating. So, I believe even though the timeline has extended, I really don't believe that there has been an impact on anybody by not getting this done as timely as I should have and I don't believe that -- I believe it will also have an impact as far as -- because I won't -- I will actually be in a noncompliance because of the use of the railroad property, so it will create more issues by revoking the Conditional Use Permit and so I would ask to have a time increase to get that solution worked out, so I can work with the city and in get a financially feasible solution for me that works for our company and the city as well. Thank you. De Weerd: Thank you. Questions, Council? Nary: Madam President? De Weerd: Mr. Nary. Nary: Mr. Nesmith, one of the things that's on here was the sign permit and what you have said is that it's a different sign than what's in the exhibit. Meridian City Council November 25. 2003 Page 49 of 67 Nesmith: Yes. Nary: But you know 18 months ago that you didn't have a sign permit. Nesmith: Yes. Nary: And you said you just had nit paid for it. Nesmith: It was -- I did contact -- honestly, it was -- I was spinning -- you know, not only running a business and doing the things that you do that, I just, honestly -- I had talked to the gentleman at P&Z, it was just a matter of paying the money like I did for the fence permit and everything else that we had done and, honestly, I donlt have an excuse for why I didn't get it handled, I just need to pay the permit fee. Nary: You know where they are. Nesmith: I know where they are. Exactly and I need to get it done and there is -- Nary: And you have had notice of this since June. Nesmith: Uh-huh. Nary: And now we are in November and you still haven't done it. Why would we think that you need more time to do that? Nesmith: On the permit side? Nary: Right. Nesmith: I -- you know, honestly, I guess -- I thought the picture was larger than the permit, I guess, as far as -- because I knew I had -- I did also -- I forgot I did post a bond for the sidewalks and there should be a copy of that in your -- at least there was a copy of that in my packet that I got, so -- but I guess that was -- issue was -- I guess it was a bigger picture then. I guess I wasn't focusing on that, not that it is something that needs taken care of, but I just did nit focus on it. Nary: I looked at these other -- you have talked a lot about the sidewalk, but unless I missed what you said, I didn't hear a lot about the landscaping. Is the sidewalk tied to the landscaping? Nesmith: Yes. In order to get water to the front of the -- because it's all been paved and where the water meter is, it's -- in fact, I had -- well, my option to put in a -- so I don't have to pay by the gallon to water the -- or at least pay sewer to water the plants, I put an irrigation meter in that is on -- located on Bower Street and needs to proceed up - Meridian City Council November 25, 2003 Page 50 of 67 - actually, well, it would proceed up Bower and then up to the middle of Main Street in order to get water there, so I could irrigate it. Nary: And you have some evidence, besides what you're telling us, about the problems with the sidewalk and why the landscaping can't be completed until the sidewalk's completed. Do you have some evidence to that? A letter from the highway district? A letter from somebody saying, don't put a sidewalk in here right now? Something? Nesmith: No. I guess that is my -- I guess is, quote, unquote, being the developer, that was my issue as far as trying to make it as economically feasible as I could to not do things twice. In other words, not put a trench across the parking lot to run water and, then, also put sidewalks in. Nary: Now, 11m assuming, Mr. Nesmith, you understand if we revoke your Conditional Use Permit you can't operate your business there. Nesmith: Well, from what I understood from Anna, that we would -- it would go back to the previous CUP, but I don't know all the -- Nary: No. I guess if my business was riding on it, I guess I might hire somebody to get it done or knows, you know, how to get this accomplished and I guess 11m curious why you didn't. Nesmith: I honestly thought I did at Arrow Engineering and in trying to get -- no, that's Gibson and Associates, that's the architect that I hired to get this done as well. Nary: So, are you telling, then, under oath, then, that this building is not used for welding or any other fire code types of concerns that's been expressed by the planning department -- Nesmith: Under oath -- Nary: Let me finish my question. T hen, it's only used for storage pursuant to your application from 1997. Nesmith: Under oath, this is used for storage and auto repair. No welding. Nary: Well, it's not for auto repair, it's for storage. That's what your application says from '97. It's for storing vehicles that are waiting to be worked on. After work is completed vehicles will be stored in the facility. On an occasional basis it will be used for -- work will be performed on vehicles when not in use for storage on an occasional basis. What is occasional, then? You told me auto repair. That doesn't sound occasional. Nesmith: At the time that was -- but like I said at the time now the use has changed. In other words, 0 bviously, s till I have -- if you want tog et technical, I have two people / Meridian City Council November 25, 2003 Page 51 of 67 working in four locations, that means 50 percent of the time you're going to have storage. Nary: And there still is no occupancy permit for that facility. Nesmith: I can't get one. No. Nary: Because it's not storage? Nesmith: I can't get one, because I was not -- because I didn't get the sidewalks completed, even though I posted a bond, because, then, they tied -- it was a very confusing issue, because, then, they tied the current CUP and then they got into legalities because I had completed it and then -- so I spent time and effort fighting -- or not fighting, but trying to resolve legality issues, when I should have been spending time trying to get the project finished. But they tied the current CUP requirements -- in other words, if I hadn't completed all the current CUP requirements, they won't give me an occupancy permit, which didn't make any sense to me, but that's why -- that's the explanation I was given. Nary: Now, the staff's testimony was that you have not, actually, bonded for these things and Condition 12 says you shall bond for these things. Which is it? Nesmith: Well I bonded for the sidewalks and I have a copy right there that shows that I did. Nary: Okay. But-- Nesmith: But I did not bond for the whole project. Nary: Okay. But I'm looking at Condition 12 of the Findings of Facts that were approved back in 2002. It says the applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, facade improvements, sidewalks, fencing, et cetera, prior to formal approval of the Findings of Facts and Conclusions of Law or, at a minimum, prior to obtaining building permits in the amount of 120 percent for an insurance bond or 110 percent for a letter of credit for a cash bond. Have you done that? Nesmith: No. But I have not applied for a building permit either. In other words, my thought was if I applied for a bond I would also be doing that in the process of asking for a building permit to do the building remodeling or expansion. It was very confusing and frustrating and I would like to somehow -- honestly, I guess I need some direction from the Council and I would like to somehow -- even though I haven't been very timely, but, you know, be able to -- I wanted to be able to finish the '97 CUP, because I was being held responsible for it. I don't know. It very much confused me. They wouldn't give me an occupancy permit, because I was being held -- in other words, I needed to do the '02 CUP in order to get an occupancy permit, which I should have been able to get one Meridian City Council November 25, 2003 Page 52 of 67 after I posted a bond for the sidewalks, because that's the only thing that I needed to finish from the '97 to be done. All the landscaping was done for the '97 CUP, to my knowledge and I guess I would answer questions if you had that. Bird: Madam President? De Weerd: Mr. Bird. Bird: Mr. Nesmith, I believe the reason we come in and redone the CUP in 2002 was because we were so far behind on the 1997 CUP, that -- it wasn't just sidewalks left in the 1997. We questioned you at quite length in 2002 about this, made sure that you understood all the findings, all the stuff. You were very positive with it. You were going right out and get it done. I don't know. It just seems like we -- I don't know what we have to do to convince you that when you come in and get a Conditional Use Permit and have all these plans to do something, you got to go do it. I mean everybody that gets one of these has to do it. It's just -- we are not picking on you. I mean you stood here and testified in 2002 on May 7th that, you know, you agreed to all these conditions and findings and now having your -- and how many months later we don't have them done. But that's what happened in '97, too. I wasn't on the Council in '97, but I sat here -- I was getting ready to run and had come to every Council meeting and I sat here and listened to this testimony in '97, the same thing. You go out and do it in 2000, 2001, 2002. It hasn't been done. So, we come back in with another one. Now, you're going to have to go get another one. And it's like Mr. Nary says, if we -- if we pull this, revoke this, you can't run your business over there and your business has got to come first. You need to get the CUP in order. Or not do -- you know, not get one. I mean, you know, just not -- redo the thing or something. But, man, when you get one of these you have got to -- you have got to live by the conditions like everybody else does. When we make these conditions, we try to make them agreeable to both staff and to the applicant and you agreed to all these things and now you're wanting to back out or wait or something else and we have give you over a year. I don't know. I just, you know -- and this is the second time we have had it. Nesmith: I guess -- can I state -- I guess there is a -- I guess maybe it's a mistake on my part. I was told that I had to go through the CUP process in order to be able to know whether or not I could do what -- what I was thinking about doing. In other words -- and there doesn't seem to be a process as far a s an applicant t hat if you go -- in other words, propose an idea -- in other words, it has to go -- in Old Town it has to go before City Council to be approved, because you can't ask P&Z in order to know whether or not you can even do a project, whether or not I agree with what the findings are and I guess that may be what part of my -- I question what part of the problem is. In other words, I had to kind of propose all this, go through all the issues and, then, we had just a slight twist, some economy uncertainty that made me go, well, you know, I want to do part of it and, then, you know, midstream, and, then, back out on just the building remodel. I didn't have a problem with all the landscaping and all the other issues and, then, obviously, I wasn't very timely. But that's why I went through the process is because I was told I had to in order to know what I had to do. Meridian City Council November 25, 2003 Page 53 of 67 Bird: You truthfully -- you do have to go through it, but if youlre going to go through it and spend that money and do that stuff, I mean we give you six years from '97. We give six years and you haven't completed 40 percent of what are the findings. I don't know if you have completed that percent and, you know, if you're going spend that kind of money and stuff to come in and go through this process, you should be ready to go, whether it's -- you hire somebody to do it or you do it yourself, you should be ready to go. I mean I know you're a good businessman, run a good business, but, you know, I feel you're jerking aUf chain, if you want to know the truth. I feel you are abusing the city process and we don't -- we have never let any person that I have -- the six years I have been on the Council we have not let people get away with CUP -- not doing them like we have you. We give you six years to do this and, like I said, you have not done it, John, and you know that, as well as I do, and it's -- I mean we can sit and put all the excuses we want up there, but I guarantee you, I have heard a lot more and I just -- 11m having a hard time buying it. Nesmith: Keith, I guess I respectfully disagree on some aspects, but I don't -- and I guess that is on the completion of the original CUP, because, you're right, on the current one there isn't really anything accomplished because we didn't feally even start the project, but I was trying to, as you said, encompass and try to do a clean slate and start over. I did make some errors in judgment initially when agreeing to the sidewalk projects and stuff without really knowing the full scope of what I needed to do. I really did. And that was my mistake and I had no idea what it took to, you know, not only cost wise, but manpower wise and who to hire and what to do and I did ignore it and not go about it the right way. I did really attempt -- when we did the current CUP made an effort to hire the right people and to get it accomplished and, unfortunately, it took longer than what I expected to get the sidewalk project done and I guess that's what I focused my efforts on, so I could be in compliance with the major, I guess, requirements of what the city wanted to do as far as landscaping and sidewalks and that type of thing, you know. But I agree with you, I didn't make -- originally, I guess, is where I made my errors in judgment, because I mean the developers that now do sidewalks in a -- in like a -- like all the ones that we see, cost wise to develop the large land chunks probably spend as much as I am on i80-feet of sidewalk. I donlt know. I'm not a developer. I don't know the exact numbers. But 11m investing 27,000 dollars in 180 feet of sidewalk and I had no idea I was agreeing to do that and I guess there was initially some, you know, resistance to that when you really found out what I agreed to do and that was, obviously, my issue, but that I know is the issues that we are dealing with, but I really I guess -- I'm not trying to blow smoke, I want to resolve the issues, I want to move on and move through this stuff and get on with my life and not be talking to -- you know, as far as these issues. I really do. Nichols: Madam President? De Weerd: Mr. Nichols. Meridian City Council November 25, 2003 Page 54 of 67 Nichols: Mr. Nesmith, you have in f rant of you some plans a nd you referred -- you pointed at them or touched them when you talked about the sidewalk plans. Do you intend to use -- submit those as an exhibit that show the extent to which you're prepared to put in the sidewalk or -- Nesmith: I didn't know if you wanted them, but I do have copies that I could submit of those plans, yes. I did not know if you wanted to see them. Nary: Well, ifs your evidence. You do what you want. I mean we have to make a decision on what -- the evidence we have. You can give it to us or don't. I don't care. That's up to you. Nesmith: I guess I just wanted to show you the progress of the current state of plans. Nichols: Mr. Nesmith, you're going to have to go back to the microphone if you're going to speak, though, because we have to have the tape. Nesmith: Okay. I guess I'm submitting this plan as the current revision according to ACHD of the requirements for the Bower Street addition for sidewalks. De Weerd: So, those will be stamped in as Exhibit No. 17. Nary: Madam President? De Weerd: Mr. Nary. Nary: Mr. Nesmith, just so -- I guess I'm having a hard time following. What you're telling us is that all of this landscaping, the landscaping along the railroad right of way, the landscaping along Main Street, and the landscaping on Bower Street, are all tied to the sidewalk on Bower Street. You can't do any landscaping on any part of this property until you build the sidewalk on Bower Street? Nesmith: I have no pressurized irrigation. None. I got to get water to it if I want it to live. Nary: And you have never once asked to modify this -- these conditions because of that? Nesmith: I guess I didn't. I didn't know I could. Nary: And you submitted this landscape plan that we are talking about as referenced in these findings, you had a landscape architect prepare that and he didn't tell you there is no water for any of it? I mean you submitted a plan. That's what they are saying you're not in compliance with is your own landscape plan that you submitted. Meridian City Council November 25, 2003 Page 55 of 67 Nesmith: Well, I guess assuming that I was able to get the process done -- in other words, the sidewalk project done, then, the water wouldn't have been an issue, so there wouldn't have been an issue with getting the plan done. In other words, just I didn't think that the chronological issue with getting the approval through ACHD was going to be that lengthy. That was my assumption. Bird: Madam President, if Mr. Nary's done, I have got a question or two. De We8rd: Mr. Bird. Bird: Mr. Nesmith, you seen -- the sidewalk on Bower Street has all to do with all the landscaping, because of getting the water to it. N ow, how a re you going to run the water down Bower Street and get it up Main Street -- you're going to have landscaping up there and stuff. I understood it was stated -- I don't know whether it was by you or by staff, that you didn't want to cut through your parking lot; is that right? Nesmith: Uh-huh. Bird: I don't think ACHD or anybody is going to let you go up underneath their sidewalk on Main Street. Nesmith: No. I didn't have to do that. In other words -- Bird: Why can't you get the water up to the north? Nesmith: Can you -- maybe go to the screen or something on the Main Street deal? Backwards. Bird: Yeah. There we go. Nesmith: Well, if you -- the meter is right there. You go up the sidewalk and then the sidewalk part that I'm installing here would go right up here. In other words, the sidewalk is right -- the existing sidewalk is here. In other words, the landscaping isn't -- you can go right underneath the portion that you're tearing up. Bird: Okay. I understand that. Nesmith: And, then, you can just proceed over, and I can -- there is an elevation issue here, so if I didn't want to trench across here, I could bore -- because this is quite high and this is low right here and you can easily bore right underneath that pavement to get to that. De Weerd: So, is there a reason you can't lay the line and where the sidewalk is going to go and cover it? Meridian City Council November 25, 2003 Page 56 of 67 Nesmith: No, there isn't. I mean I guess I was -- I was just trying to do things once, you know, not tunnel it and then tear it up and then redo it is all, because you got the freezing issue, so you got to have your waterline substantially down, from what I understand and so that was just my own decision to do -- you could do that and then repatch the asphalt across where the sidewalk is going to go. Correct. But I was just trying to -- as far as construction goes, you know, just do it once. De Weerd: They are two separate processes anyway. Nesmith: Well, when you tear up and excavate, because it's all paved here and we got to cut back -- De Weerd: Did you say you already did that? Nesmith: The only thing they did is saw it and then we got stopped -- De We8rd: Oh. Nesmith: -- because the drainage issue. In other words, it's just a little saw cut that's about an eighth of an inch wide. Otherwise, I probably would already be running water lines and digging it, because -- if the asphalt got tore up. De Weerd: I guess my issue here, John, is we were told we were fools to have approved this in 2 002 without asking you tad 0 t he things - - requiring you to dot he things that you were supposed to do in '97 and you stood in front of us and asked for us to have faith that you would get them done and you would get them done in the time period that we were allowing you and it is 18 months later and none of it's done. Nesmith: I guess the final product isn't -- De Weerd: And so now you're asking us to give you another half a year, where you already had a year and a half and didn't get anywhere. You know, we -- I think we kind of really hung ourselves out there when we did this a year and a half ago, because we wanted to have faith and you told us that you would do it and we went on that faith and it's -- I don't know, I almost think I hear my kids in front of me telling me why they haven't cleaned up their room, they have all kinds of excuses and you're admitting that you delayed it too long, but, you know, the consequences were laid out a long time ago. You knew what you were risking. Bird: Madam President? De Weerd: Mr. Bird. Bird: Have you got an estimate from any -- a total estimate of what it's going to cost to justify this CUP? Meridian City Council November 25,2003 Page 57 of 67 Nesmith: The-- Bird: I mean in dollars. Is it going to cost 100,000, 200,000, 10,000, 5,000, approximately, or what? Nesmith: For-- Bird: For everything to do the CUP. Nesmith: As it is, yeah, I did. Two-hundred-forty thousand. Bird: Two hundred forty. Like Madam President was saying, we were told we were stupid for approving it in 2002 when you hadn't done '97's and now you're asking us to keep going on here. What kind of a time limit? Six months? You can get that done in six months now. You have had 18 months and haven't got a thing accomplished, but you can do it in six months? Nesmith: The -- I guess what I wanted -- not the building, because that's, obviously, unrealistic, but the sidewalk project and get the water line and landscaping improvements, I can get that done. What I wanted to do within that six months is redo, I guess, the CUP and something after getting -- because what I had to do was get the CUP done, so I could get cost estimates to know how much it cost me, so what I guess I wanted to do is try to do it in a phase, if you will, so I could do all the landscaping and everything and, then, later do the building if I so desired. Bird: That's a great idea, but I can tell you, I have been in the construction business 42 years and you could have an estimate on that whole job and you could have it the day you come in here for a CUP, a good estimate. You had a good architect. Mr. Gibson could have got you an estimate price within five minutes and we give you six years, John. It isn't just a year. We give you six years, another Council, and, then, this -- the three 0 f us, plus Cherie went 0 ut 0 n a I imb. A nd it's eighteen months I ater a nd we haven't seen a thing done. And like I said earlier, I think you're trying to pull the wool over the city's eyes. I hate to see anybody not be able to operate their business and I know you -- and I know you're a good businessman and -- but I still think you1r8 hoodwinking us. I think -- I mean I want to -- lid like to see some contracts entered into to do that stuff and all this stuff and get it done or -- I donlt know where to go from here. I'm really -- 11m disappointed, if you want to know the truth, after 2002 when you come in here and -- like Madam President said, you know, we took you at your word, we asked you if all the findings and everything was okay, are you satisfied to it and everything and you said, yeah, and you'd get right on it and here it is 18 months later and we are revoking it. I donlt know, I'm really disappointed and embarrassed, if you want to know the truth. Nesmith: Well, I guess I apologize for that. It was not my intention, truly. Mr. Gibson did n ot - - you k now, I guess it's irrelevant whether 0 r not it t oak five minutes art wo weeks to get the estimate, but I guess what I would want to know is -- I guess what I Meridian City Council November 25, 2003 Page 58 of 67 wanted to -- there is some issues on landscaping that are not able to be completed, because there is an issue with the sidewalk deal, there is a right of way issue. The building is built into Bower Street right of way and Bruce knows those things. I had to enter into a right of way agreement and, then, there was extensive issues on how wide they wanted the street and they had to decide on how -- like far into it is. And, actually, here after there isn't a ny room to dot his landscaping as a greed on, because it's all going to be sidewalk and building. In fact, the existing landscaping that was done right here is going to have to be deleted. But, you know, I would be willing to, I guess, you know, work with Planning and Zoning and phase it. The only thing that I don't have -- I guess the issue with the -- this is -- the paving was a substantial cost increase over the P&Z's original issue with, you know, being able to use reclaimed and if we could use reclaimed asphalt, that could be done and accomplished quite easily and I could get everything else done, other than the building reasonably sure and I would do whatever you needed to do to have surety of that. Bird: I think Anna said that the reclaimed was okay with her, didn't she? Anna? Nesmith: Other than the fact that the Findings of Fact say paved, not -- so, we have to be here in order to fix it is the issue. In other words, so if I move forward without you guys making a -- or Members of the Council making a ruling that I can undo that paved word, I have to go to the letter of the Findings of Facts. I don't have a choice. In other words, if I -- Bird: That's one item. How about the other dozen items that's the finding? Nesmith: Well, actually, we have -- actually, have -- I mean according to their list, we have about five. Bird: I just threw out a number. Nesmith: Yeah. I know. 11m sorry, Keith. I guess I -- like you, I want to get this behind me and move on. Nichols: Madam President? De Weerd: Mr. Nichols. Nichols: Mr. Nesmith, on the plans for the sidewalk improvements, they are dated the 21 st of November and it references an ACHD revision dated November 21 st. Do you have a letter or anything from ACHD that says those plans are approved? Nesmith: No, sir. I have -- those plans need to be submitted to Scott for approval and I just got them today. But as far as I know, there was an inlet-outlet deal as far as all of it is an issue with -- with the elevation, because there was no drainage on Bower Street. From Main to where you needed to dump it in, they weren't able to drain water, you Meridian City Council November 25. 2003 Page 59 of 67 know, there wasn't enough fall to go into the inlet of the deal -- of the culvert or whatever it is. De Weerd: Do you have any correspondence from ACHD that can back up what you're saying? Nesmith: Scott told me that you could call him, but I did not think to get anything in writing. But I would -- I could give you that, but he did say if you had any questions, that -- you know, to call, but I didn't -- De Weerd: Is there a way to indicate how long you have been working with them on this project to get it done? Nesmith: I don't know. That's a good question. I donlt know. I started on it after we got the CUP done with James Gibson and I don't know if he could write me a statement -- but, in other words, after we redid the CUP is when I moved forward on -- and said, hey, okay, let's get going on this project and get it done. Nary: Madam President? De Weerd: Mr. Nary. Nary: Maybe I'll ask even a more direct question, Mr. Nesmith. I mean you don't have any letter from ACHD from Mayor June of 2002 saying don't build this sidewalk yet, we want to do this? You don't have any correspondence from them? Nesmith: Not that -- that just -- honestly, that just happened. In other words, he just told me that. In other words, we had been dealing with right of way issues, drainage issues, they initially had me putting in a vault in the road to drain the stuff into, because there wasn't enough room and, then, they decided against that and then -- I mean, honestly, I had an engineer doing some of the corresponding and maybe Arrow would be able to -- Arrow Engineering could supply some of that, because I hired them to handle that, you know, so they really weren't talking to me. I just talked to Scott, because they stopped the -- in fact, I had a permit to do it and, then, they stopped it, because -- I guess because of this issue, because lowering the deal, but I just found that out a week ago or so. De Weerd: Its eems like - - 8 ruce might have information regarding the situation 0 n Bower and at some point we can ask Bruce to come up. Now might be a good time and, then, we can ask Mr. Nesmith any further questions. So, if you'll go ahead and have a seat while I ask Bruce to come up. Is the testimony you provide the truthJ the whole truth, and nothing but the truth, so help you God? Mills: It is. De Weerd: Thank you, Bruce. Please state your name. Meridian City Council November 25, 2003 Page 60 of 67 Mills: Bruce Mills, Ada County Highway District, Garden City, Idaho. I am not intimately familiar with all the issues on this project. However, I do know that on Bower Street I have conversations with Scott Reidel of our staff and what Mr. Nesmith said is true, that Bower Street -- the storm drainage line in Bower Street is very high and it's very difficult to be able to drain into that line. In fact, I believe our maintenance crews are going to be coming forward and doing a project in the next couple of months. Maybe John can verify the timing, I don't know, but I don't remember all the details, but I do know that ACHD is going to come along on Bower Street and we are going to put a new storm line lower than the existing one is now and when that's completed, then, Mr. Nesmith will be able to drain his property into Bower Street and I believe that work is going to be scheduled in the next couple two to three months. I donlt know the exact date, unfortunately. De Weerd: Thank you, Mr. Bird. Bird: Bruce, what kind of a project -- how long is this project? Is it a month or a week or two weeks or what to do on Bower Street that -- you guys' work. Do you have an Idea? Mills: Councilmember Bird, I believe it's probably maybe a two-week duration. It's not a long project. It's just a short stretch to fix the problem we have. Bird: Thank you. Nary: Madam President? De We8rd: Mr. Nary. Nary: M r. Mills. So has this situation -- the knowledge of it in trying to resolve this situation, has it existed for 18 months; do you know? Mills: Councilmember Nary, I don't know. I have had a conversation with Scott when we were trying to see if we could make the drainage work on the higher existing storm drain line maybe a month and a half, two months ago, but I don't have any knowledge of how long he has been in the permitting process with ACHD. De Weerd: Thank you, Mr. Nichols. Nichols: Yeah. Madam President. On the plan that Mr. Nesmith submitted, there -- apparently some dates -- or ACHD letters referenced in the plan that date back to 2001. So, there is -- it looks like the plan has been revised three times in reference to different letters from ACHD and that's on the face of the plan. Is that the typical way, Bruce, that they submit a plan and you guys submit your comments back to the engineer for drawing changes or do you know? Meridian City Council November 25, 2003 Page 61 of 67 Mills: Madam President, Mr. Nichols, that is the proper way to do it, to start out and, then, every time that there is a revision then that is dated on those plans. Nichols: Okay. Thank you. De Weerd: Thank you, Bruce. Bird: Madam President? De Weerd: Mr. Bird. Bird: I have got a question and I don't know who can answer it. Why wouldn't we have seen that at the CUP in 2002 if this -- if the notes go back to 2001? I mean you guys are a lot smarter than I am. Can any of you answer it for me? Nary: Don't know. De Weerd: I think don't know works. Powell: At this point -- excuse me, Madam President, Members of the Council. At this point, no, we donlt know. It could have been that the sidewalk improvements that -- staff doesn't know. Bird: Madam President, let me throw out a deal. De Weerd: Mr. Bird. Bird: We could sit here -- we could sit here until 1 :00 o'clock in the morning arguing and debating this. As I said earlier, I hate to see anybody be out of their business. But, in the same token, I think we have been hoodwinked long enough. Staff, would you have any -- if we was to delay this two weeks, give Mr. Nesmith time to get some estimates together and some dates that he can -- people start doing all this stuff -- we know the sidewalk and stuff is not going to happened for a little bit, until -- but I mean that's not the only finding that he hasn't done. I mean 11m having a hard time finding something he has done. Nary: I think they did the trash enclosure. Bird: The trash enclosure. De Weerd: But is there -- Bird: And we, if the Council so desires, we can change that from paving up there on the railroad property to what Anna said is fine, the reclaimed oil. I would have no problem with that. "But this gives us two weeks and, like I said, I hate to see anybody lose their business. I know Mr. Nesmith and his brother are very good business people, but I'm Meridian City Council November 25, 2003 Page 62 of 67 tired of being hoodwinked. So, if he doesn't come in with a good plan that satisfies you guys in two weeks, it's revoked as far as this councilman is concerned, if the other Council buys in on this. De Weerd: Mr. Nichols? I guess I would ask -- I think it's probably a very reasonable suggestion to bring in a time frame, cost estimates. Can we ask for a bonding for the improvements as a part of this activity or this process? Nichols: Madam President, Members of the Council, I think that as a condition for continuing the Conditional Use Permit versus revoking it, that you can impose reasonable conditions that are designed to insure compliance with the conditions. If, in fact, the building -- metal building is not being used for any kind of hot work or doesn't violate fire code, then, issues donlt currently p resent a public safety issue. They d 0 present a compliance with the zoning code issue. So, if Mr. Nesmith comes back with cost estimates, for example, and you tell him that he has a certain period of time to do those things and order to insure that he will do them he has to post a bond or a letter of credit equal to the 120 percent or the 110 percent of those estimates, then, I think that would be a reasonable finding in connection with any non-revocation, if that's what you chose to do. Or you could simply even defer your decision to see if he's -- you know, those sorts of things. So, if you want to continue it for two weeks for him to submit additional evidence that the Council can consider in its decision, that's appropriate. De Weerd: So, that additional evidence can be a statement from ACHD on how long you have been working with them and submit a time frame for the improvements that need to be done, cost estimates, and contracts of the work to be done. Nichols: Yeah. Madam President? De Weerd: Mr. Nichols. Nichols: Perhaps a more problematic issue is the issue of landscaping and landscape plan that's shown along Bower Street in that if that's an impossible condition to meet, then, he needs to be prepared to come up with alternative compliance on the remainder of the site, which may require a revised landscape plan or at least some changes to it. Maybe not revised, but some changes. So, he needs to be prepared to address alternative compliance in the landscape plan if it's impossible to put landscaping on Bower Street, something in writing from ACHD that details the time lines that are involved, including what Mr. Mills testified to, maybe even what their construction schedule is and when they have got it slotted to be constructed. All of those things would be appropriate for you to have evidence of before you make your final decision. De Weerd: He could work with staff on ironing out some of that. Nary: Madam President? De Weerd: Mr. Nary. Meridian City Council November 25, 2003 Page 63 of 67 Nary: Yeah. I guess I would agree with what1s been discussed. The only thing I would suggest is rather than two weeks is to have three. With the short week and a holiday, I don't want to come back in two weeks and say we didn't have enough time. But, you know, I guess my only comment, Mr. Nesmith, is part of what I heard you say was they are picking on me and Mr. Whitman doesn't like me and I think some of this is motivated. Put that aside, because this is ridiculous. I mean Mr. Bird is absolutely right, 18 months is absolutely ridiculous. Not only are we giving you one chance to bring in evidence to prove what you're saying, what Mr. Mills has said, and to show us that you really put your money where your mouth is, your good faith is really truly going to present when we come back in three weeks. But, secondarily, we need to consider filing criminal charges against you. If you can't do this and comply with the sign permit requirements, then, we should give you a ticket and you should go explain to a judge downtown and maybe go pick up trash on the weekend instead of wasting our time. De Weerd: Mr. Nary? Nary: What? Bird: Madam President? Nary: It is a criminal violation to violate our city code. Bird: Madam President? Nary: So, we should enforce that by giving him a citation. If he doesn't want to comply, then, he can go downtown and explain it to a criminal court why he can't comply. We prosecute these people all the time. This is ridiculous. We shouldn't be here 18 months later after you promised us you'd complete it and if you don't like it, then, we can consider revoking it and we can also consider criminal charges. It is a crime. Get this done. Bird: Madam President? De Weerd: Mr. Bird. Bird: And I agree word for word with what Mr. Nary said, too. And I think Mr. Nesmith does, too. John, does this give you -- if we go to the 16th, you understand what we are wanting; right? You get with Wendy or Anna and you come in with a plan the 16th that's going to satisfy us. And I will make a motion here to continue this. And, if not, we won't go past the 16th, if you don't have a plan. I won't. I can't speak for the other three. But I won't go past it and I'm like Mr. Nary, if you're out of compliance, you should be written up just like everybody else is. And it is a deal. So, with that -- as long as you understand that, Mr. Nesmith, what I'm saying. You understand? He's shaking his -- yes. Meridian City Council November 25, 2003 Page 64 of 67 Powell: Before you make your motion, just to make sure that I understand. Does that also -- does that plan for completing those improvements include a landscape -- a bond for all the work that is yet to be included? Bird: Yes, ma'am. And this is to be worked out with your guys at the staff. If you're not a hundred percent in agreement with it, then, we probably aren't going to be. Okay? Or I'm not going to be I should say. De Weerd: And I think there is no reason why the sign thing can't be solved before, then, as well. Bird: That's right. I think there are a lot of things that need to be solved before the 16th of December. And there better be a good secure plan -- and I mean a plan. Not somebody getting up here telling me something. Anyway, with that I would move that we continue Public Hearing CUP 03-004, the request revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive, 505 North Main, to December 16th, 2003. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Public Hearing CUP 02- 004, to December 16th, 2003. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Council, just wanted to remind you about the parade. Nary: Yeah. What are we going to do? De Weerd: We are going to have go-carts by Boondocks on December 6th. And our city clerk has asked about what the desires are on the meeting for December 23rd. Personally, I would prefer not to have it. Is that what this note was? Berg: Yes. Madam President, just because 0 f t he holiday season and n ot knowing everybody's schedules and being out of town, I just wanted to double-check what's going on, because I would rather prepare Public Hearing notices for the proper dates, than to be having to do special notices to continue things or -- and in the past we have done several things, depending on how the days fall and we have canceled meetings right before Christmas and we have also canceled meetings because of people being gone in between the two holidays, too. Powell: Madam President, I had asked about this earlier, because the agenda for the one previous to that is pretty light, they were pretty easy issues. Is there any possibility we could renotice those forward? Because I really think there would be time. De Weerd: Are there meetings already scheduled for the 23rd? ( Meridian City Council November 25, 2003 Page 65 of 67 Powell: Yes. There are three conditional use permits scheduled for the 23rd, which is the last I saw. But the hearing previous to that had a lot of -- I think final plats, things that typically go quite quickly. De We8rd: Okay. Notices haven't been sent? Powell: I was told they were already. Nary: Madam President? De Weerd: Mr. Nary. Nary: I guess I would -- I would suggest that if we can reschedule things from the 23rd, that that's probably a good idea. I'd hate to cancel the meeting today, not knowing between now and then -- when we have -- but we'd have two weeks without a meeting, which we did last year, but in case there is some need to have a meeting on the 23rd, I'd rather leave it vacant, and we can cancel it later if nothing comes up on our agenda that needs to be done, 0 therwise - - b ut if we c auld move t he things t hat a re maybe going to be -- and we could cancel them. Bird: We don't have to decide tonight. De Weerd: Right. Bird: Let's see what comes up. You might have some that we need to get done the 23rd. Nary: Right. De Weerd: But we have a meeting on the 30th; correct? Bird: And the 30th we will be going. De Weerd: We are not? Nary: It's the fifth Tuesday of the month, so we wouldn't normally meet anyway. De Weerd: Yeah. I guess a concern would be any old business for the -- Bird: Something we need to get taken care of. De Weerd: -- current Council, so that we don't have too much going into the first meeting of January. I guess that -- like Councilman Nary suggested, that might be too much. I could leave open the 30th, than, on the 23rd, because we are leaving town, so Meridian City Council November 25, 2003 Page 66 of 67 -- and I don't know if the mayor will be back and, then, you all have to be there on the 23rd. Okay. Nary: So, I think, Madam President, the bottom line is we'd like to not have -- weld like to have the meeting on the 23rd available, if we don't schedule anything, if we could avoid scheduling things at this juncture, that would be what we would prefer. De Weerd: Yes. Good summation. Yes. Mr. Smith. Smith: Madam President, you will have to advise if this is in order or not, but can I ask you a question on an agenda item in the pre-Council meeting? Is that appropriate or not? De Weerd: Yeah. Smith: I guess 11m -- De Weerd: I don't know. Let me hear it first and, then, I'll answer. Smith: Okay. Okay. I guess I'm confused a little bit about the agenda item for Billy Bowles and how that came about. I thought I heard her say tonight that she just had sewer problems today and, yet, it was on the agenda as an agenda item, which was set last week sometime, I guess. De Weerd: She requested to be on there to talk about her experience and the possible experiences we will be having in the future. You know, this was an example of something that we should be looking at down the road as far as policy with three people on one line and that sort of thing. That was -- originally, you know, I didn't know she had issues today either. Smith: Okay. Okay. Nary: I think she was asking for a long-term solution because she didn't want to be on the line. She wanted, essentially, the City to hook her up somewhere else. Smith: Okay. I apologize. Nary: I think that's what that was. Bird: Madam President? De We8rd: Mr. Bird. Bird: When you brought that up, Gary, I want to know when the City Council and Mayor made the statement that she could go get a second mortgage on her place. I want to know who -- we, to my knowledge, have never -- Meridian City Council November 25, 2003 Page 67 of 67 Smith: The City Council didn't and I told her that I talked to Bill. And I did after the Council meeting Bill and I talked and Bill suggested that we -- that I mention to her the possibility of approaching her mortgage company for a second mortgage or loan to facilitate the repair work. Bird: Well, she kept saying Mayor and City Council and I'm going -- Smith: No. Bird: -- I'm going, man, I'm not -- my memory isn't -- I haven't lost my memory, have I, you know. Smith: No. Right. No. I didn't -- Bird: I didn't remember talking to her. Smith: No. It wasn't brought to your attention. It was after the Council meeting and I just talked to Bill about it. Bird: That's fine, but I didn't -- but you guys -- you know, it's on public here that it's the Mayor and Council. De Weerd: Well, Gary, really, was just visionary. We knew her sewer would back up today. Bird: Yeah. Smith: Unfortunate chain of events. De Weerd: Yeah. Very much so. Smith: One of the things, Madam President, that -- in the process of this situation, I talked to Boise City and talked to John Tennison, their city engineer, about it. He said that Boise City sets aside -- I believe he said some of their revenue sharing funds that they get each year, they just get a certain number of dollars based on their population. I think that's how it's allocated. And they set that money -- they set a certain amount of that money aside to help people that have financial hardships in meeting their responsibilities for the city, I guess. I don't know if that's a possibility in our city or not. De Weerd: Well, it certainly might be somebody that we want to explore as we find out more about Old Town and as we proceed forward with urban renewal. We might find more situations like this and, Gary, you know, we might also look at granting opportunities as well to do some of that if you have a staff member that might have an opportunity to do a little research in that. ( Meridian City Council November 25, 2003 Page 68 of 67 Gary: Okay. Thank you. De Weerd: It was a good piece of information. I didn't know that the City had done that in the '80s. So, if I d on't hear any further discussion, I would entertain amotion to adjourn. Nary: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. It's 10:50. MEETING ADJOURNED AT 10:50 P.M. ATTEST: N FILE OF THESE PROCEEDINGS) I I 6 I 04- DATE APPROVED IE dI~~~/3 WILLIAM G. BERG, JR, ( November 21/2003 CUP 03-044 MERIDIAN CITY COUNCIL MEETING APPLICANT Sundance Investments November 25/ 2003 3-~ ITEM NO. REQUEST Findings: Request for a Conditional Use Permit for a Planned Development in a proposed C-G zone for the proposed Silverstone Business Campus -- southeast corner of East Overland Road and South Eagle 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: 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: Contacted: lC{ N.lJ L~"S()Y\,- See Attached Findings ~ ~ Date: ~ Phone: ]'7!.P -7~lXLt1';V~ Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. "" -~" ,,- ---.,.,.;, -;.r-""<3 ~r'"'\lE D T . ''I t.~ 1; ~. ~1' .ii" 1: <' ii. j L.LL~' J - .. i\JOV i 9 2003 From: William F. Nichols '-'it~] Of Meridian CitY Clerk Office BY: SUNDANCE INVESTMENTS FOR CONDITIONAL USE PERMIT FOR SILVERSTONE BUSINESS CAMPUS IN A C-G ZONE Subject: File No.: CUP-03-044 Date: November 19, 2003 Will: Please fmd attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360rv1\Silverstone Business Campus CUP-03-044\ClkLtrCUPffc1s&Order 11 19 03.doc ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A PROPOSED C-G ZONE FOR THE PROPOSED SILVERSTONE BUSINESS CAMPUS, LOCATED ON THE SOUTH SIDE OF EAST OVERLAND ROAD, APPROXIMA TEL Y ~ MILE EAST OF SOUTH EAGLE ROAD (EAST OF SILVERSTONE CORPORATE CENTER), MERIDIAN, IDAHO SUNDANCE INVESTMENTS, APPLICANT C/C 11/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-044 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 November 5, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Cornel Larson, 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 PlalU1ing 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 [allowing Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 29 ( 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 November 5, 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 November 5, 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 g67-6509, 6512, and Meridian City Code gg 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 a C-G (General Retail and Service Commercial) zone and by reason of the provisions of the Meridian City Code g 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the south side afEast Overland Road, approximately ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 29 / mile east of South Eagle Road, (east of Silverstone Corporate Center), Meridian, Idaho, and the parcel is contiguous to existing city limits. 5. The owner of record of the subject property is Sundance Investments, 9100 w. Blackeagle Drive, Boise, Idaho. 6. Applicant is same as owner. 7. The subject property is currently zoned C-G (General Retail and Service Commercial). The zoning districts ofC-G 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 of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus. The C-G zoning designation requires that a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Code, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Mixed Use-Regional. 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 29 ( 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an amenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stormwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6:00am through 7:00pm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS 1. The Silverstone Business Campus Planned Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation). 2. Exhibit "C" of the application shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility - Major" and require this use only through the conditional use process; b. "Special Use Area - A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 29 I f Business (Contractor's Warehouse/Office)" and defined as a place ofbusiness which allows the outdoor storage of materials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment (e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. c. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area - A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Plarming and Zoning Department is hereby granted authority to approve modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11-17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03-018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. If the phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the ValleyRide staff and submit a letter verifying said coordination to the P&Z Department prior to final approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. STANDARD CUP/PD CONDITIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 29 ( I. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. C. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 29 right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way, in an easement provided to the District. Ce Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400- feet east of Silverstone Way to align with J ade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150- feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-milee The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right- of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5- foot sidewalk. 4. Construct the internal roadways as 40- foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south 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 Knapp Avenue from the south property line. 8. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600- feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE70F29 right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 29 ( 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 the District's Utility Coordinator at 387- 6258 (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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 29 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fITe hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'~ 9. All building uses and processes to comply with the International Fire Code. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. E. Adopt the Recommendations of Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 29 ( 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-offis 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 storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change Application to the Irrigation District prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Parks Department as follows: 1. Build the pathway to the recommended Pathway Standards. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 29 13. It is found that the subject property is large enough to accommodate most of the uses allowed in the C-G zone. There were two conceptual site plans submitted with the application that demonstrate potential lot layouts and circulation patterns within the approved preliminary plat. These plans demonstrate that retail, office and warehouse uses could all be accommodated in various configurations within the development. 14. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regiona1." The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation. · "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Obj. B, #5) Silverstone-proposed has frontage on Overland Road, a principal arterial roadway. If uses adjacent to thefuture residential land to the east are controlled either through aPD or zoning, this development would complement adjoining residential areas. · "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal N., Obj. A, #6) Transitional zoning is not proposed by the applicant but is being recommended by staff. · "Permit new. . . commercia1. e .developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 29 Silverstone-proposed is contiguous to existing city limits and sanitary sewer, water and other urban utilities can be extended to meet the needs of the development. · "Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities." (Chapter IV, Goal II, Obj. A) · "Develop City pathway to connect Meridian with Boise." (Chapter VI, Goal III, Obj. A, #12) · "Preserve and conserve our waterways, wetlands, wildlife habitat and other natural resources." (Chapter V, Goal I, Obj. A) 15. It is found, after review of the applicant's list of proposed uses (Exhibit C of application), that they are almost identical to the uses approved for Silverstone-approved to the west. The majority of these uses would be designed and operated in a manner consistent with Silverstone- approved and with the existing C-G zoning to the south. Additionally, there are several C-G uses, including manufacturing, warehouses, and utility centers that are found that may not be harmonious with future residential to the east. However, the applicant has attempted to address this concern through the creation of "Special Use Areas." It is also found that the following proposed uses in Exhibit C would be prohibited unless otherwise approved under the subject PD application: Bottling & Distribution Plant Electrical Equipment, Products Laboratories (medical, dental, optical) Molded Plastic Product Vocational, Trade, Industrial School Fabricated Metal Products Machine Shop Public Utility Yards Woodworking Shop Residential Club, Lodge, Social Hall Hospitals Medical Research Facilities Seed and Garden Supply Packaging Facilities Industrial Research Office Machines Small Machinery & Component Parts Bulk Storage: Flammable Liquids/Gasses 16. It is found that the majority of the proposed uses will not adversely affect existing or future neighboring uses if all development and landscaping standards and ordinances are exercised. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 29 Of the proposed uses in Special Use Area "A," it is found that the following three uses could adversely affect future residential properties, depending upon the future users and their hours of operation: · Contractor's Shop and Yard · Manufacturing · Public Utility Yards MCC 11-12-3.E. requires that all contractor's yards be located a minimum distance of300 feet from any residence. No lot on the east side ofS. Topaz Avenue has a depth greater than 272 feet. Therefore, since variances cannot be granted for land uses, it is found that contractor's yards should be removed from allowable uses within Special Use Area "A" as they would violate this ordinance. The impact of manufacturing uses depends largely upon whether the use is operated fully within enclosed structures or if it involves external uses. It is recommended that any manufacturing within this area be restricted to indoor operations only. Public utility yards are not specifically defined by Meridian's code. MCC 11-2-2 does define "Public Utility Facility, Major" and "Public Utility Facility, Minor." The "major" category includes uses like power substations, water storage reservoirs, etc. The "minor" category includes uses like small wells and pump houses." It is recommended that this use in Special Use Area "A" be limited to minor public utilities, as defined by MCC 11-2-2. 17. It is found that roadway improvements will be required to handle the additional traffic generated by this development. The applicant is working with ACHD to potentially expedite the expansion of Overland Road. ACHD and the Applicant are working together to determine the extent of the required improvements. All other public services and facilities appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. The improvements will be funded and constructed by the developer. 19. It is found that several of the proposed uses for Silverstone-proposed will involve activities, processes, materials, equipment or conditions that could produce excessive traffic, and noise, and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. However, it is found that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 29 other potential impacts may not be adequately addressed by the Zoning or Subdivision Ordinance. Some of the proposed uses would require a CUP, which would allow for mitigation standards to be addressed at that time. To comply with this finding, the following use shall be changed from a permitted use to a conditional use: "Utility Facility - Major." 20. It is found that the proposed uses will impact the level and flow of traffic on the surrounding streets. By 2010, the Traffic Impact Study prepared by EarthTech estimates Silverstone- proposed to generate an average of 10,107 new vehicle trips per day (819 vph at AM peak and 1,069 vph at PM peak). Of these 10,107 trips, an estimated 6,310 would be external and 3,797 would be internal/captured. Ifall roadway improvements shown by the developer and in EarthTech's report are made, the study notes that Eagle and Overland Roads in the vicinity of this site are proj ected to have adequate capacity to operate at LOS D (see page 22 of EarthTech report). In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Overland Road should be restricted and comply with ACHD policies in order to preserve the capacity and movement on Overland Road at build-out. 21. It is found that the Eight Mile Drain and mitigated wetlands area exist on the property and must be protected. Some of the proposed uses listed in the application could cause some damage to these natural features if not adequately controlled and/or managed (e.g. bulk storage of flammable liquids, contractor's yards, public utility yards, etc.). 22. The City Council recognizes the concerns of Edward J. Thomas in his letter stamped RECEIVED OCT 31 2003 City of Meridian City Clerk Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 29 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. ~67-6503). 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; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 29 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 General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 29 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 S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 29 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 Planned Development consisting of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an samenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stormwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6 :OOam through 7 :OOpm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS 1. The Silverstone Business Campus Planned Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and Pile No. AZ-03-016 (Silverstone Business Campus annexation). 2. Exhibit "C" of the application shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility - Major" and require this use only through the conditional use process; b. "Special Use Area - A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 29 Business (Contractor' s Warehouse/Office)" and defined as a place of business which allows the outdoor storage of materials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment ( e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. c. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area- A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Planning and Zoning Department is hereby granted authority to approve modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11- 17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03- 018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) ~ As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. If the phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the ValleyRide staff and submit a letter verifying said coordination to the P &Z Department prior to final approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 29 ( STANDARD CUPIPD CONDITIONS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, hanners or flashing signs will be permitted. C. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 29 along Overland Road, and construct a minimum 5-[00t wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of $26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400- feet east of Silverstone Way to align with J ade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1, ISO-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70- feet of right-of-way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5-foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160-feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south 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 Knapp Avenue from the south property line. 8. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 60Q-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 29 / ( 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road through the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right- of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 29 (- this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing inigation 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 the District's Utility Coordinator at 387-6258 (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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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 PERMIT PAGE 24 OF 29 ( 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the International Fire Code. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 29 mature trees. E. Adopt the Recommendations of 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 Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change Application to the Irrigation District prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Parks Department as follows: 1. Build the pathway to the recommended Pathway Standards. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 29 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 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 proj ects with multiple phases, the eighteen (18) month deadline shall apply to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 29 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 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 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. "J .~.-rA- By action of the City Council at its regular meeting held on the ~:;:; day of f0ve I?v ~ /\/ [, , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED -if!:-a.- VOTED~a- COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 29 COUNCILWOMAN CHERIE Mc CANDLESS VOTED U'6urvt- COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1/- Z~-1J3 VOTED ---' MOTION: APPROVED:L DISAPPROVED: Attest: EAL -y &::: ~ ~Q ,Q;02 ~ i1^ USr 15\ ' ~.$ "/ VA to,.,.: ~ // ~.., ~,. ,.... ///1/; OOUNT'! t \.\,\", /11 \\\ /Jilin:! n1\\t,\ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\t 11111111/1 \\\\ c tJ4!r:- 111/ ,\'....i o~ f't-:L:.1r/D. 11// ",~~ ~ /",.. ~" a o'0.POR.4 r.. i~ /~ 2 ~CJ ~o ~ ~ ~ ~ //-2-f-tJJ~ SEAL ~ By~h~~~9-- City Clerk ' Dated: z:\ W ork\M\Meridian\Meridian 15360M\Silverstone Business Campus CUP-03-044\FfClsCUP03-044.doc ~ 7. & ~ &Q ,<:5 0 ~ ~ -YO US! 151 ' ~ g ~ ~ ^~ .....~ // C \'\..1 " /1111 OlJ~lT'l. \\", 11I/rlf-i',,, ~.<~\\\\\\ l l t ....... ... FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 29 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A PROPOSED C-G ZONE FOR THE PROPOSED SILVERSTONE BUSINESS CAMPUS, LOCATED ON THE SOUTH SIDE OF EAST OVERLAND ROAD, APPROXIMATELY ~ MILE EAST OF SOUTH EAGLE ROAD (EAST OF SLIVERSTONE CORPORATE CENTER), MERIDIAN, IDAHO SUNDANCE INVESTMENTS, APPLICANT C/C 11/05/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-044 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on November 5 2003, under the provisions of Meridian City Code g 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 of 49 new commercial lots and 4 common lots on 80.51 acres in a proposed C-G zone for Silverstone Business Campus. The requested conditional use permit for the Planned Development located on the south side of East Overland Road, approximately ~ ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 1 OF 12 mile east of South Eagle Road (East of Silverstone Corporate Center), Meridian, Idaho, is subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The Applicant shall add a minimum of 7,485 square feet of open space within the development if the ten (10) percent gross area open space is to be eligible as an amenity of the Planned Development. If this area is not added, a second amenity shall be provided and approved by the City Council. 2. The ACHD stormwater detention pond lot shall be designed as active open space, subject to ACHD's approval. 3. The hours of operation for all places of business that are located within Special Use Area "A" shall be limited to the hours of 6:00am through 7:00pm. 4. The Applicant's request to allow supplemental uses of the Michael's of Oregon business to be expanded into Silverstone Business Campus as permitted uses (see Exhibit C, page 5) is approved. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS 1. The Silverstone Business Campus Plalll1ed Development shall comply with all conditions approved as part of File No. PP-03-018 (Silverstone Business Campus preliminary plat) and File No. AZ-03-016 (Silverstone Business Campus annexation). 2. Exhibit "C" of the application shall be amended as follows: a. Permitted uses (page 1 and 2): Delete "Utility Facility - Major" and require this use only through the conditional use process; b. "Special Use Area - A" (page 2): The permitted use labeled as "Construction Business (Contractor's Shop and Yard)" shall now be labeled as "Construction Business (Contractor' s Warehouse/Office)" and defined as a place ofbusiness which allows the outdoor storage of materials that are incidental to the indoor business use, excluding all heavy equipment, contractor's equipment (e.g. backhoes) and demolition storage. Any outdoor storage yards shall be fenced and comply with the Zoning Ordinance standards in effect at the time. ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 2 OF 12 ( ( c. "Special Use Area - A" (page 3): Add a qualifier to "Manufacturing" to restrict to indoor operations only; d. "Special Use Area- A" (page 3): Limit "Public Utility Yard" to minor public utilities, as defined by MCC 11-2-2; 3. Bicycle racks shall be installed at all buildings used for office and retail uses within the Silverstone Business Campus Subdivision. 4. The Planning and Zoning Department is hereby granted authority to approve modifications to the original Master Site Plan (where Topaz Ave. is straight) that conform to either Site Plan #2 (Topaz Ave. is curved), Site Plan #3 (Copper Point Dr. is realigned to the north), or other modifications as permitted under MCC 11-17-10. However, a new Preliminary Plat application must be submitted if Site Plan #3 or other major modifications to the approved Preliminary Plat (see PP-03-018) are made in the future. (Per action of the City Council taken at their November 5, 2003 meeting.) As permitted under MCC 12-3-6 and MCC 12-6, the applicant may choose to phase the construction of this development. Each phase must comply with the approved Preliminary Plat and Planned Development, as described above. If the phasing plan does not incorporate Copper Point Dr. in the first phase (e.g. only the northern portion of the development), a temporary fire access road, as approved by the Meridian Fire Department, shall be constructed to connect Topaz Avenue and S. Jade Avenue. (Per action of the City Council taken at their November 5, 2003 meeting.) 5. The applicant shall be responsible for reserving or dedicating an area within the development to be used for a future bus stop. Applicant shall coordinate the timing, size and location of the bus stop with the ValleyRide staff and submit a letter verifying said coordination to the P &Z Department prior to final approval of the perimeter landscaping plan. 6. The following amenities are required as part of the planned development: a public, multi-use pathway on the south side of the Eight Mile Drain (approximately 3,500 feet long) and three, common, open space lots. The total amount of open space within the subdivision shall equal at least 8.05 acres, or 350,658 square feet. At least ten (10) days prior to the next public hearing, the Applicant shall revise the conceptual master plan to demonstrate how this open space requirement will be met or provide an additional amenity to be approved by the Commission and Council. STANDARD CUPIPD CONDITIONS 1. Any existing irrigation/drainage ditches crossing the property to be included in this ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 3 OF 12 ( project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. c. Adopt the Recommendations of ACHD as follows: SITE SPECIFIC CONDITIONS OF APPROVAL 1. The Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 4 OF 12 ( right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way, in an easement provided to the District. c. Provide a road trust deposit in the amount of$26,660.00 to be used for future sidewalk construction along the applicant's property. 2. Construct a commercial roadway that intersects Overland Road approximately 400- feet east of Silverstone Way to align with J ade Avenue, as proposed. 3. Construct a commercial roadway that intersects Overland Road approximately 1,150-feet east of Silverstone Way to align with Topaz Avenue, as proposed. *****The applicant has proposed to construct the internal roadways as commercial roadways. The proposed street section will accommodate for vehicular traffic that is anticipated to be generated by this site. It appears that the City's comprehensive plan wishes to have bike lanes at/near the half-mile. The commercial street section that is proposed will not accommodate for bike lanes. If the City requires the applicant to construct the roadway as a collector, the City should require the roadways to be constructed as 46-foot street section within 70-feet of right- of- way. This would allow for 3-traffic lanes with curb, gutter, bike lanes and a detached 5- foot sidewalk. 4. Construct the internal roadways as 40-foot street sections with curb, gutter and 5- foot concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Extend an existing stub street (Copper Point Way) from the west property line approximately 160- feet north of the south property line, as proposed. 6. Extend Copper Point Way as a stub street to the east property line approximately 305-feet north of the south 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 Knapp Avenue from the south property line. 8. If the applicant would like a third access point to Overland Road, construct a 35- foot wide shared driveway that intersects Overland Road approximately 600-feet west of the east property line and aligns with the existing driveway at 3820 Overland Road. 9. If the applicant develops before the Overland Road project, construct a center turn lane for ALL of the approved access points that intersect Overland Road. Provide a ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 5 OF 12 ( minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. 10. Construct right-turn lanes for ALL of the approved access points that intersect Overland Road, as they become warranted. Coordinate the design of the taper with District staff. Dedicate sufficient right-of-way to accommodate for the turn lanes that have been identified by the traffic impact study. **The applicant is required to provide a financial surety for the construction of the right turn lanes on Overland Road. Once the turn lanes have been constructed or the District has entered into a contract for the construction of this segment of Overland Road, the financial surety will be released. 11. Identify and complete the proposed wetlands mitigation that was proposed as a part of the Silverstone Corporate Center Subdivision in accordance with the wetlands mitigation permit that was issued by the United States Army Corps of Engineers. 12. Provide the District with a parcel that is equal to and greater in value and size than the previous parcel. 13. Provide the District with drainage calculations and drawings showing that the newly proposed pond will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed. 14. Install an adequately sized drainage pipe that will extend from the proposed drainage pond to Overland Road tlrrough the Topaz Avenue right-of-way. 15. Provide the District with sufficient access to the site by providing the District by providing public road frontage and a permanent easement through the adjoining parking lot for additional access to the pond. 16. If the applicant chooses to landscape the drainage pond, the applicant shall obtain a license agreement for all landscaping that is proposed within the District's right-of-way, drainage pond or easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 6 OF 12 ( 17. Other than the access points that have specifically been approved with this application, direct lot or parcel access to Overland Road is prohibited. Notes of this are required to be placed on the final plat. 18. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF APPROVAL 1. Any existing inigation 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 the District's Utility Coordinator at 387- 6258 (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. ORDER CONDITIONAL USE PERl\llT (CUP-03-044) PAGE 7 OF 12 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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 confmnation 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow as required by the International Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 8 OF 12 ( 8. No vertical obstructions or mature landscaping which obstructs the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the International Fire Code. 10. A 20' wide fIre lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect mature trees. E. Adopt the Recommendations of 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 Envirornnental 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 Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Submit a Land Use Change Application to the Irrigation District prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Eight Mile Drain courses through this project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 9 OF 12 ( leaves the site, the District must review the drainage plans. 5. The developer must comply with Idaho Code 31-3805. G. Adopt the Recommendations of the Parks Department as follows: 1. Build the pathway to the recommended Pathway Standards. 2. Outdoor recreational areas considered under Special Use Area "B" approved uses, recommended to be coordinated with the Parks and Recreation Comprehensive Plan, if considered. 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. 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 ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 10 OF 12 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 fust 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 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 being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 11 OF 12 Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ;(/ftJveln-k Z~e day of , 2003. y~A William G. Berg, Jr., City C erk SEAL :; ~~ t?.::- ..-. -<>t ,Q) 0 ~ ~ "6 '&r 15\ · - ~ $" ~ :d ~~ "" "/ ~1 :\)l" ,.... ////1/ C'OLlf\JT'l . ~ \"\"" III) . . \ \ \ l/j!tn ni\\\\\ Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. t? 2 ~~ U ,Qi o~ S ~ 'S.,. 1s1 · ~.f "/ ~1 ~ " // a ~" /;/1/1 OlJNT'l, \\,\\" Iljl/UfO Hl\\\\\\\ By: JI~~~~~ Dated: /1---Zb--?J3 City Clerk Z:\ Work\M\Meridian\Meridian I 5360MSilverstone Business Campus CUP-03-044\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-044) PAGE 12 OF 12 November 21 1 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT R2 Developmentl Inc. V AR 03-018 November 251 2003 ITEM NO. ,~-H REQUEST Findings: Request for a Variance for a One-Year Time Extension for recording of the Final Plat for Olsen Bush Subdivision NO.2 -- west of North Eagle Road and north of East Franklin 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: 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: Contacted: J~ fl t\ ,N\A lllir Emailed: '-' See Attached Findings ~vJJ CVr ~ Date: f\<U ~ ) Staff Initials: Phone: tt7-'lqq '1Ji/lj~ Materials presented at public meetings shall become property of the City of Meridian. I1lteroffice MEMORANDUM To: Williall1 G. Berg, Jr. RECEIVED NOV f 7 2003 C~ty Of Meridian CIty Clerk Office From: Wnl. F. Nichols Subject: Olsen Bush Subdivision No.2 - By: R2 Developlllent, rllC. / (V AR-03-018) Date: November 14,2003 Please filld attaclled tIle original of tIle Filldings of Fact and Conclusions of La\v and Decision and Order Grantillg a Variance, pursllant to action of the COUllCil at their Novenlber 5, 2003 Ineetillg. TIle FilldillgS will be on an llpCOllli11g Council age11da. Please serve cOl1fonlled copies of tIle Filldings upon the Applicallt alld the Planlling and Zoning Department, Pllblic Works alld tIle City Attorney office, if COUllCiI approves tIle FilldillgS. IfYOll have any questions arise please advise. Z:\\Vork\J\tI\fVleridian\fvleridian 1 5360rvl\Olsen Bush Sub No.2 V AR 03 0 18\berg V AR Ltr II 14 03.doc ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF R2 ) DEVELOPMENT, INC., FOR A ) V ARIANCE FOR A ONE YEAR TIME ) EXTENSION FOR RECORDING OF ) THE FINAL PLAT IN THE OLSEN ) BUSH SUBDIVISION NO.2, ) LOCATED AT THE WEST END OF ) E.LANARKSTREET, ) APPROXIMATELY 800 FEET WEST ) OF EAGLE ROAD/SH 55, ) MERIDIAN, IDAHO ) C/C 11/12/03 V AR-03-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled lnatter cOlnillg 011 regularly for public Ilearing before tIle City Council on Novenlber 12, 2003, and Brad Hawkills-Clark Plall1ler III for the Plall11ing and ZOllillg Departnlent, alld Brad Miller, appeared alld testified, and the City COllllcilIlavillg received tlle transl1littal to agencies alld having received the variance application, having heard the testinlony presented, being fully advised ill tIle prel11ises does hereby 111ake the following Findings of Fact alld COllclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City COllllCil takes judicialllotice of its Zonillg, SllbdivisiollS alld Developll1ent Ordillallces codified at Title 11 Mllnicipal Code of tIle City ofMeridiall alld all Cl1l1~ent zonillg 11laps tl1ereof al1d the all1ellded Comprellensive Plan of the City of Meridian adopted Allgllst 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-018 R2 DEVELOPMENT~ INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 1 OF 9 ( Resolution No. 02-382 and Maps. 2. The reqllire111el1ts ofldal1o Code 99 67-6509, 6516 alld Meridiall City Code 99 11-15- 5 and 12-11-3 as evide11ced in tIle record of this matter. 3. TIle Applicant is R2 Developnlent, 11lC., whose address IS 3084 East Lanark, Meridian, Idaho 83642. 4. The ovvner of the property is sall1e as the Applicallt. 5. The location of the subject property is presently located at the west end ofE. Lanark Street, approxinlately 800 feet west of Eagle Road/SH 5, Meridian, Idal10 witllin a present I-L (Light Industrial) zone. 6. TIle legal descriptioll of the propeliy appertains to the real property tllat is included witllin the Vicillity Map, and which legal description alld Vicillity Map appear in the record of proceeds oftllis matter, and Wllicll are 011 file witll tIle Melidiall City Clerk's office. 7. The presellt lalld use of subject property is preselltly zoned as I-L (Ligllt lildllstrial), and whicl1 subject propeliy is preselltly pastlIre. 8. The proposed land use of subject property is to develop tIle subject property ill tIle fa llowi ng ll1anner: as a light industrial subdi visioll. 9. Tl1at a Vicillity Map, Wllich is on file with the Meridiall City Clerk's office, of the proposed scale approved by the City COUI1Cil showing property lines, existing streets, proposed district alld SllCll other itel11s as required l1ave been fUl11is11ed. 10. TIle Applicant seeks a variance of the following provisio11 of the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 18 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 2 OF 9 City Code, ~ 12-3-8, APPROV AL OF FINAL PLAT, and in the I-L zone, which provides as f 011 0 \tv s : 12-3-8 APPROVAL OF FINAL PLAT: A. Tinle Lilnit: Fillal plat sllall be filed witIl the Coullty Recorder witIlill Olle year after written approval by tIle COUllCil; otherwise, slleIl approval shall becollle null alld void, unless prior to said expiratioll date all exte11sion of tinle is applied for by the applicant alld grallted by tIle COlIllCil. Tile COUllcillnay autllolize an extel1sion of the fillal plat for a period not to exceed one year frol11 tile elld of tIle original one year period. B. Reqllest For Extension: Any reqllest for all extension lnllst be filed wit11 the ZOnil1g Adll1inistrator prior to the lapse of the oliginal one year and must be in writing. 11. All property OWl1ers wit11ill tllree hundred feet (300') of the external bOllndaries 11ave been Iloti fied by 1l1ai I, and their nlaili ng addresses 111ay be obtained fronl the 1 ist on fi Ie wi th the Plall11illg and Zonillg Depal11l1ent. 12. TIle applicallt, R2 Developll1ellt, Inc., is requestillg a variance frolll MCC 12-3-8, Approval of Final Plat, whicIl reqllires sllbdividers to file approved Fillal Plats witll the Ada County Recorder withill aIle year of City Coul1cil approval of the Fillal Plat application. As noted ill tIle applicatiol1, tIle sllbdivision has not proceeded due to poor econoll1ic conditions. If approved, this wOllld be the third, one year time extension granted to the Olsen Bush II Subdivision. 13. The Applicant is requesti11g a til11e extensiOl1 oft11e plat recording deadlille. In August, the Z011ing Adl11i11istrator ruled that the Olsen Bush II final plat was 11ull al1d void (based on MCC 12-3-8). On Septell1ber 9,2003, R2 Developn1ellt appealed the Adn1il1istrator's decision FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 3 OF 9 to consider the plat nll11 and void. Tllell, at their October 16, 2003 llleetillg, tIle P&Z COlnnlission overturned the Administrator's decision, allowillg the Applicallt to file a valiallce application to the City COUI1Cil. 14. TIle origillal Olsen BlISll II Fillal Plat was approved by City COUllCil 011 AllgUSt 1, 2000. On June 20,2001, as pellnitted by MCC 12-3-8.B, R2 Developnlent requested a one year extel1sion for filing the final plat witll the Ada County Recorder. That extension \vas approved, Wllicll establislled a l1ew recording deadIille of AllgllSt 1, 2002. TIlen, on August 1, 2002, R2 Developlnent submitted a Variance application reqllestillg a second one year extellsion of the fil1al plat. (TIle Variallce application was reqllired becallse a Sllbdivisioll can Ollly receive a single, Olle year extensioll. As all alternative to considering tIle plat null alld void, tIle City has allowed applical1t's to subnlit Variance applications.) 011 Septenlber 17, 2002, tIle City COUllCil approved the Variance applicatioll, extendillg tIle recording date Ulltil AUgllst 1, 2003. R2 Developnlel1t is l10W reqllesting tIle city to extelld tIle fil1al plat until Jllne 1, 2004. 15. Under City of Meridian Title 12 (Subdivision Ordinance), staff is not granted any authority to waive or l1lodify deadlines or other c0111pletion/recording dates established by the City Councilor as set by tIle ordil1a11ce. If tIle deadline is 110t ll1et, City Council approval of the plat teclu1ically becomes llUll alld void. The fact tllat improven1ellts 11ave beel1111ade to tI1e S11yder Lateral alld sallitary sewer is installed does not have allY relationsIlip to the plat recording deadlille. 16. The Applicant states that "poor economic conditions" has prevented them from FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 4 OF 9 commencing the project within the established timefranle. This is the only special circunlstance that was cited in the application. It is 110t fOllnd that the reason cited above makes the reqllired sllbmission of a time extellsion request inlpracticable and lllu~easonable. TIle ecollo111ic conditiollS of the last few years are not unique to this property or owner. Ftuiher explanatiol1 fronl tIle applicallt Sl10l11d be llsed to detelmine if there are otller special CirCn111stances tl1at affect tl1is property ill a l11alUler that wOllld l11ake stlict application ofMCC12-3-6A or B unreasollable. 17. It is fOUIld that strict compliance with the requireInents of tIlis Title are not due to unusual topography, adjacent developOlent, or other physical conditions of the site. One objective of Title 12 (Subdivision Ordinance) is to ensure tl1at plats are recorded in a consistent and reasonably predictable timeframe and to follow the requirements of Idallo Code. It could be argued that the City has more assurance of this plat being recorded and the development proceeding if this Variance is approved, especially since some of the improvements have already been made. Even so, it cannot found that such a variance would justify settiIlg a new precedellt for the City of Meridiall by granting a third time extension for a plat to record. 18. It is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are Inet at the time of building perInit for all lots within the subdivision. 19. The provisions of Idaho Code would not be violated by tIle issuallce of the requested varIance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-0 18 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 5 OF 9 ( 20. I t is found tllat the issuance of a variance for tllis proj ect will not directly alter the interest and purpose of the Meridian City Subdivision Ordillance, Wllicll is illtellded to ensure orderly developnlellt OCCllrs witllill tIle establislled tilllefranle. Tile AppIicallt has stated tlley illtelld to record tile sllbdivision. 21. TIle applicallt paid tIle fee establisIled by tlle City COUllCil for a variance application. CONCLUSIONS OF LAW 1. TIle City ofMeridiallIlas autllority pursuant to tIle enactlllellt of the Local Land Use Planning Act of 1975 codified at Cllapter 65, Title 67, and ill particlllar, by tile provisions of Idaho Code 9 67 -6516 to provide as part of its zOlling ordillance for tIle process of applications for variance pell11its. 2. The City of Meridiall has exercised its authority of Idaho Code S 67 -6516 by the ellactll1el1t as a part of its Zonillg alld Developnlent Ordinance variallces, as set forth in Meridian City Code S 11-18. 3. T11at the requirements for the processillg of a variance request are set fort11 ill Idallo Code 9 67-6509,6516 alld Meridiall City Code 9~ 11-15-5 and 11-17-5. 4. Application and standards for valiallces are set [olill ill Meridiall City Code ~ 11-18-2, and the findillgs Wllich are required are set fort11 ill Meridiall City Code 9 11-18-3, inclllde required findings that tllere are special circUlnstances or C011ditiollS affecting the property t11at strict appl ication of the provisions of Zoning and Development Ordilla11ce would clearly be inlpracticable FINDINGS OF FACT AND CONCLUSIONS OF LA WAND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-0 18 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 6 OF 9 ( and Lllu-easollable, alld a finding that strict compliance with the requirements of the Zoning and Developlnellt Ordinallce would result in extraordinary hardship to the owner, subdivider or developer becallse Ullllsllal topography, tIle l1aulre or eOlldition of adjacent development, or other physical COllditions or other conditions that 111ake strict COlllpliance with the ordinallce unreasollable under the CirCLl111stances, or that the COllditiollS and requirenlents of said ordinallce will result in inhibiting the aehievell1ents or tIle objectives of the ordil1allce, alld tllat tIle grantillg of a specified variallce willll0t be detrimental to tIle public's welfare or injurious to otller property in tIle area in which tIle property is situated, alld tllat such variallce will not have the effect of aIteting the interest and purposes of tIle Z011illg and Developll1ellt Ordinallee and tIle Meridian COlnpreIlensi ve Plan. 5. Meridian City Code, S 12-3-8, APPROVAL OF FINAL PLAT, and ill tIle 1-L zone provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Tinle Linlit: Final plat sllall be filed with tIle COllllty Recorder witllill 011e year after written approval by the Council; otherwise, suell approval shall becoll1e 11Ull and void, unless prior to said expiration date all extellsioll of tillle is applied for by the applicant al1d granted by tIle Council. The COU11Cil n1ay alltIl01ize an extensiol1 of the final plat for a period not to exceed one year from the end of tIle origillal one year period. B. Request For Exte11sioll: Any reqllest for all extellsioll lllLlst be filed with the Zoning Adn1inistrator prior to the lapse of the original one year and 111Ust be in 'vvriting. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order a11d this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 7 OF 9 ( 1. That the Applicant is hereby granted a variance for a tinle extension for a one year time frame lllltil llltle 1, 2004, for submittal of tile final plat for Olsell BlISh Subdivision NO.2 in the I-L zone. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS TIle Applicant is 11ereby notified that pllrsllallt to Idaho Code 67-8003, tIle Owner l11ay request a regulatory takillg analysis. Such request must be ill writing, and fillSt be filed with the City Clerk not l1l0re tllan twenty-eigllt (28) days after the final decision concerning the l1latter at issue. A request for a regulatory takillgs analysis "viII toll the tinle period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of tIle govel1lillg body of tIle City of Meridiall, pllrsllant to Idallo Code 9 67 -6521. An affected perSall beillg a persOll Wll0 l1as an interest in real property which may be adversely affected by tllis decisioll 111ay, witllill twellty- eight (28) days after the date of this decision alld order, seek a jlIdicial review as provided by Chapter 52, Title 67, Idaho Code. By actiO]l of the City Council at its regular Ineetillg held on the 2- 5fl- day of ;(/c:7ve~bh- , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~A- FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTlNG A VARIANCE / V AR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 8 OF 9 COUNCILWOMAN TAMMY deWEERD VOTED$-<<- COUNCILWOMAN CHERIE McCANDLESS VOTED a!J~ COUNCILMAN WM. L. M. NARY VOTED tjcA-- ---- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11-2~-t}3 VOTED MOTION: APPROVED: x DISAPPROVED: Attest: \ \ \ \ \ II fl7& ~ ...; . /,) , /J --,../ j \\\\ '1fKJ.)/h. a-e{/V'~~ '\\\.....f Or M III ~. - "", '" ' '~.;~~ -- C h/1 cPVVJt-~ ~ (j o~po ~~~ T :;/ 2 ~() ~A ~ :::: ~ v ~ - ~ - - - - - - SEAL ~. &- .... '-"'Q/ ,OJ 0 ~ ~ -?A f....~~ s"". . ~ "" ~v 11,\ ~-" "/ ~ ^' - ,.... ....; C \'-' " Copy served upon Applica11t, the Plalu1i11-g~~G)fi[rfg. ~ep'3.rtI11ent, Public Works Depart111ent, /JIIiOt ntH\\\ and the City Atton1ey office. J \\\\\\\llllfll/IIII \ \ \ oC:::: M L:" III "" ~ { ,cRIb. 11// " '" ~ " ~.... () 00WOR~~ ~ % // 2.:f' ~ ~ By~dke-::..~~~ Dated: /1--2b---tJ3~ SEAL ~ City Clerk - & 2 .-;.. ~ Q(. ,,OJ 0 ~ ~,'O .I8,1S\ t ~~ $ "/ ~ ~~ "" '/ -1 0 ~l- " /'/1/ I ~o! JJcJ-'{ ~ """ . / III '1...' rj ! .', \ \ \ \ \ Iltorn n ~\\\~\ z:\ \V ork\M\Meridian\Meridian I 5360M\Olsen Bush Sub No. 2 VA R 03 OI8\FfCIsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-018 R2 DEVELOPMENT, INC. / OLSEN BUSH SUBDIVISION NO.2 PAGE 9 OF 9 November 21/2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Idaho Central Credit Union CUP 03-046 November 251 2003 ITEM NO. ,~-I REQUEST Findings: Request for a Conditional Use Permit for a branch bank facility with drive-thru lanes in an L-O zone for Idaho Central Credit Union - east of South Locust Grove Road and south of East Overland 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: 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 Findings ~vltJJ Contacted: Emailed: Date: Staff Initials: Phone: ))4- ;~> ; l Mv Materials presented at public meetings shall become property of the City of Meridian. ( Interoffice MEMORANDUM To: William G. Berg, Jr. RECEIVED NOV 1 7 2003 From: William F. Nichols C~i t\T Of Meridian (;it"y Clerk Office BY: IDAHO CENTRAL CREDIT UNION FOR CONDITIONAL USE PERMIT FOR AN ANCILLARY DRIVE-THRU FOR A FULL SERVICE BANK FACILITY IN A L-O ZONE Subject: File No.: CUP-03-046 Date: November 17,2003 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon an upcoming Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 1 5360rvNdaho Central Credit Union CUP-03-046\ClkLtrCUPffcls&Order 11 1703.doc ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A FULL ) SERVICE BANK WITH A DRIVE- ) THROUGH IN AN L-O ZONE FOR ) IDAHO CENTRAL CREDIT UNION, ) LOCATED NEAR THE ) INTERSECTION OF OVERLAND ) ROAD AND EAGLE ROAD, ) APPROXIMA TEL Y ~ OF A MILE ) SOUTH OF THE I-84/EAGLE ROAD ) INTERCHANGE, MERIDIAN, ) IDAHO ) ) IDAHO CENTRAL CREDIT UNION, ) APPLICANT ) ) Case No. CUP-03-046 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 November 12,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Steve Christensen, 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 24 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 November 12, 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 November 12, 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 S67-6509, 6512, and Meridian City Code SS 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 a L-O zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 24 Council on this application. 4. The property is located near the intersection of Overland Road and Eagle Road, approximately )4 of a mile south of the I-84/Eagle Road interchange, Meridian, Idaho. The following uses surround the subject property: North - Undeveloped, Playground Subdivision, zoned C-G South - Undeveloped parcel, zoned R-4 East - Undeveloped parcels zoned RUT (Ada County) West - Undeveloped parcel, zoned C-G 5. The owner of record of the subject property is Resolution Business Park, LLC, and they have given their consent for the applicant to submit the requested conditional use permit. 6. Applicant is Idaho Central Credit Union. 7. The subject property is currently zoned L-O (Limited Office). The zoning district of L-O 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 an ancillary drive- through for a full service bank facility in an L-O zone for Idaho Central Credit Union. The L-O 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 "Light Office"e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 24 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 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 Pla1ll1ing and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or othetwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 24 ( (, separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fIfe protection for the proposed project: 1. Provide a fire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. c. Adopt the recommendations of the Ada County Highway District as follows: On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution Business Park. The conditions and requirements also apply to MCUP03-046, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 24 ( Site Specific Requirements: 1. Dedicate 48- feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs frrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of-Way Trust Fund for 75-percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of-Way Trust Fund for 25-percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. 7. Provide a $52,800.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 24 ( (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Locate two driveways on Locust Grove Road as follows: . The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. . The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with IS-foot radii pavement tapers abutting the roadway. Provide 1 aD-feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: . 480-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. . 930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. . 1,280- feet east of Locust Grove Road: provide a minimum of 100- feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with IS-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: . off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100- feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet of right- of-way. . off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland Road and consecutive driveways are required to align or offset a minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 24 r of 150- feet. The roadway shall be constructed as a 46- foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of right-of-way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29- feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehicular recognition and safety. Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 24 waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 24 9~ 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. D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. 7 ~ Fill out questionnaire and return in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. E. Adopt the action of the City Council taken at their November 12,2003 meeting as follows: 1. The applicant has indicated that they intend to subdivide the subject property at a later date, and at that time the applicant shall be required, pertaining to the parking aisle on the west side of the subject property, to "stub" to the proposed new lot to provide access. 2. The applicant shall establish a shared access easement on the south driveway. 13. It is found that the subj ect property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 24 14. The Comprehensive Plan Land Use Map designates the property as "Light Office" and it is currently zone L-O. It is found that the requested use is in compliance with the approved Future Lane Use Map and that if approved as a CUP the project will be in compliance with the MCC. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The proposed bank is compatible with the existing structures which have been constructed on neighboring properties. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be served adequately by essential public facilities and services such as roads, water and sewer. 18. It is found that the proposed bank use will not be detrimental to the economic welfare of the community, nor would it create then need for any new facilities or services to be paid for by the public. Up-ta-date facilities were installed when Resolution Subdivision was platted. 19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. 20. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD/ITD comments will provide additional detail on the issue. 21. It is found 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 by the issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 24 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is 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 S 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; c. That the design, construction, operation and maintenance will be compatible with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 24 t't 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 Light Office (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 24 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 11-1 7-6) 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 PERMIT PAGE 14 OF 24 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 an ancillary drive-through for a full service bank facility in an L-O zone for Idaho Central Credit Union located near the intersection of Overland Road and Eagle Road, approximately )4 of a mile south of the 1-84/Eagle Road interchange" Meridian, Idaho, 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 follows: CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17 -4.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 24 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide a fIre-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. C. Adopt the recommendations of the Ada County Highway District as follows: On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution Business Park. The conditions and requirements also apply to MCUP03-046, as follows: FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 24 ( Site Specific ReQuirements: 1. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of-Way Trust Fund for 75-percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of-Way Trust Fund for 25-percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 24 7. Provide a $52,800.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of- way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Locate two driveways on Locust Grove Road as follows: . The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. . The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with I5-foot radii pavement tapers abutting the roadway. Provide 100- feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: . 480- feet east of Locust Grove Road: provide a minimum of 50- feet of stacking for this driveway. . 930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. . 1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: . off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100- feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet of right- of-way. . off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 24 Road and consecutive driveways are required to align or offset a minimum of 150- feet. The roadway shall be constructed as a 46- foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of right-of-way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehicular recognition and safety. Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 24 ( I waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 24 9. 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. D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. 7. Fill out questionnaire and return in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. E. Adopt the action of the City Council taken at their November 12, 2003 meeting as follows: 1. The applicant has indicated that they intend to subdivide the subject property at a later date, and at that time the applicant shall be required, pertaining to the parking aisle on the west side of the subject property, to "stub" to the proposed new lot to provide access. 2. The applicant shall establish a shared access easement on the south driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 24 ( 2. 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. 3. That the City Attorney draft an Order Granting Conditional Use Permit In accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plalll1ing and Zoning Department, the Public 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 24 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 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 ;/&Veln~ ,2003. 2' cA :/ --- day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~'- COUNCILWOMAN TAMMY deWEERD VOTED tfe?(...- VOTED tZ6~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: / / -- z,~ -- tJ 3 1 ' .----- VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 24 MOTION: y APPROVED:~ DISAPPROVED: ~ Attest: SEAL 'Y~ B_ ~ Qu ,Q) 0 ~ ~ "0 '8r 1Si I ~ ~ ~ AI ~~ ,....~ Copy served upon Applicant, Planning a=mt2~El6p~ent, Public Works JIll ,,\\ Department and the City Attorney. flllt,. ntH Bydl~~~/J7 ~ City Clerk {/ II' Dated: \\,\\UIiIlf7r" \\\\ ~ M~ rr" ,\' '{ Or crr/~ 'fl'l: ",... ~ Vld ;'J','. .$ () f\POFl - 11; ~ ~ 00 ~rL--. . 2 ~ ~o / I--Z6~cJ3~ SEAL .- .,. c:o. B \. 1b ?I.s.,. 1S\ · "Q5 P-: "/".. ~ a "S)~ ,~ ////; OUNT'! ~ ~ "", /1, \\\\ If/ltti! nt\\\\\ z:\ Work\M\Meridian\Meridian 15360M\Idaho Central Credit Union CUP-03-046\FfCIsCUP03-046.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 24 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) IDAHO CENTRAL CREDIT UNION, FOR A ) CONDITIONAL USE PERMIT FOR A FULL ) SERVICE BANK WITH A DRIVE-THROUGH ) IN A L-O ZONE FOR IDAHO CENTRAL CREDIT ) UNION, LOCATED NEAR THE INTERSECTION OF) OVERLAND ROAD AND EAGLE ROAD, ) APPROXIMATELY ~ OF A MILE SOUTH OF THE ) I-84/EAGLE ROAD INTERCHANGE, MERIDIAN, ) IDAHO ) ) C/C 11-12-03 CASE NO. CUP-03-046 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 12th day of November, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Plarming and Zoning Commission the Council takes the following action: 1. That the Applicant, Idaho Central Credit Union, is granted a conditional use for an ancillary drive-through for a full service bank facility in a L-Q zone for Idaho Central Credit Union, located near the intersection of Overland Road and Eagle Road, approximately 14 of a mile south of the 1-84/Eagle Road Interchange, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an ancillary drive- through for a full service bank facility in a L-Q zone for Idaho Central Credit Union, located near the intersection of Overland Road and Eagle Road, approximately ~ of a mile south of the 1- 84/Eagle Road Interchange, Meridian, Idaho, subject to the following conditions of use and development: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 1 OF 10 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. This conditional use permit shall be subj ect to the expiration provisions set forth in MCC 11- 17-4.B. 2. Sanitary sewer and water service shall be from existing service lines on the property. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13 -4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Signs shall conform to the character of sign submitted with the application, with a 13' -6" maximum overall height. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 7. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 2 OF 10 cash in the amount of 11 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 2. All internal roads shall have a turning radius of28' inside and 48' outside. 3. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. C. Adopt the recommendations of the Ada County Highway District as follows: On May 3, 2000 the Ada County Highway District Commissioners acted on Resolution Business Park. The conditions and requirements also apply to MCUP03-046, as follows: Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 3 OF 10 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of-Way Trust Fund for 75-percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of-Way Trust Fund for 25-percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. 7. Provide a $52,800.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Locate two driveways on Locust Grove Road as follows: . The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west. . The southern driveway shall be located 75-feet north of the south property line. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 4 OF 10 The driveways shall be constructed 30 to 35-foot wide with I5-foot radii pavement tapers abutting the roadway. Provide 100- feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows: . 480- feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. . 930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway. . 1,280- feet east of Locust Grove Road: provide a minimum of 100- feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. 11. Locate two public roads as follows: . off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100- feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet of right- of-way. . off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 1 75- feet south of Overland Road and consecutive driveways are required to align or offset a minimum of 1 50-feet. The roadway shall be constructed as a 46-foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of right-of-way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehicular recognition and safety. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 5 OF 10 Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation ofwhv such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of$110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 6 OF 10 reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 7 OF 10 D. Adopt the recommendations of the Nampa-Meridian Irrigation district as follows: 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. Should the development be plarming a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. 7. Fill out questiolll1aire and return in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. E. Adopt the action of the City Council taken at their November 12, 2003 meeting as follows: 1. The applicant has indicated that they intend to subdivide the subject property at a later date, and at that time the applicant shall be required, pertaining to the parking aisle on the west side of the subject property, to "stub" to the proposed new lot to provide access. 2. The applicant shall establish a shared access easement on the south driveway. 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 ~ 11-1 7 -8, a copy of which is attached to the permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 8 OF 10 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 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 9 OF 10 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. ./' I By action of the City Council at its regular meeting held on the 2~ day of /v~ve,Yl/~ , 2003. Attest: Mayor City of ~feridian ~t\1~~/d.e W~? \\\ .. /1/1 ~ ","';:*, . ~. PreJiC:ted " ~ ,,~ .1'/ ;: 0 00f\POR~ h ~ ~ 2 ~ ~ ~ ~ v_ -- - SEAL z:\ Work\M\Meridian\Meridian 15360MJdaho Central Credit Union CUP-03-046\CUPOrder.doc - ~ ~:= -;:.. \/rl "",0':: .,.. ~ '>0 ,,"'"''; ..... ~ <::> \S'r lS1 ~ ~O .$ Copy served upon Applicant, the Plan&9.-t . _ n&~#tment, Public Wor\\~Dal1mrtmr.nt . ~ UN ~ '{ ~ ,\ \\\ r: M~Ct,t III and CIty Attorney. //111111 \\\\\\\\ ",\~....J Or c.r1:(D.J 1//,.- fir tl t\ ,,' ~ <, <1'*'1, 'l .$' 0 ~PODA ~ ~ /~ L ;:1 ~ 11 ;) L /) "l g ~(p '''"l)-~O ~ By:d'~~/~/~ '>/1-- Dated: /I--Zt/f/-VJ f ~ City Clerk (/ , - L- "Y. B ~ ? </Q ,Q) O~ ~,.,O us, 1S\ ~ .;f-.f 'l 1 ~ " ///'/ ~ Co ~ ,/ \Q "" //11 Llj\lT l i' \\,." II, \\\ IJ/jllfi n\\\\\ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IDAHO CENTRAL CREDIT UNION (CUP-03-046) PAGE 10 OF 10 November 21 , 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Tuscany Development, Inc. AZ 03-024 November 25, 2003 3-J ITEM NO. REQUEST Findings: Request for Annexation and Zoning of 17.5 acres from RUT to R-8 zones for the proposed Glacier Springs Subdivision -- north of East Victory Road and east of South 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: 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: Contacted: ~hlJj ~'^-~t! /' Emailed: See Attached Findings ~~ Date: J lr11 (0 ) Staff Initials: Phone: M!110 0 U(:l/~ Materials presented at public meetings shall become property of the City of Meridian. WmTE PETERSON KEvIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, In T. GUY HALLAM * JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A PETERSON A1TORNEYS AT LAw NAMP A OFFICE ERICA S. PHlLUPS ERIC S. ROSSMAN 5700 E. FRANKLIN RD., SUITE 200 TODOA. ROSSMAN TERRENCE R. WHITE** NAMPA, IDAHO 83687-8402 NICHOLAS L. WOLLEN TEL. (208) 466-9272 FAX (208) 466-4405 *Also admitted in OR ** Also admitted in WA November 18,2003 RECEIVED NOV 2 0 2003 William G. Berg, Jr., City Clerk MERlDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 (ji ty ()f I\1eridiall C~it~v (~;lerk ()ffice Re: TUSCANY DEVELOPMENT, INC. / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-024 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of November 12, 2003, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meetine;, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the FindIngs will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please fmd enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findine:s of Fact and Conclusions of Law and Decision and Order Grantint! Annlication for Rezone are adonted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approvaL If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian 15360M'Glacier Springs Sub AZ-03-024 PP-03-028\FFCL DEV -AGMT ORD Clerk Ltr 11 18 03.doc BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 17.5 ACRES FOR PROPOSED GLACIER SPRINGS SUBDIVISION, LOCATED ON THE NORTH SIDE OF VICTORY ROAD, EAST OF SOUTH MERIDIAN ROAD, MERIDIAN, IDAHO TUSCANY DEVELOPMENT, INC., APPLICANT C/C 11/12/03 Case No. AZ-03-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on November 12, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Matt Schultz, Larry Chase, Gary Sackett, Stephanie , Howard, John Berg, and John Shay, 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 SS 67-6509 and 67-6511, and Meridian City Code SS 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, FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 1 OF 17 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 17.5 acres in size and is located on the north side of Victory Road, east of South Meridian 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 Jim and Shirley Cobble, and they have provided notarized consent for submission of the applications. The applicant is Tuscany Development Inc. 6. The property is presently zoned RUT (Ada County) and consists of vacant land. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential), with approval for zoning as R-4 (Low Density Residential). 8. The subject property is bordered to the north by RUT, to the south by RUT, to the east by RUT, and to the west by R-4. 9. The Applicant proposes to develop the subject property in the following manner: as a residential subdivision with 52 building lots and 8 other lots. 10. 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. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR GLACIER SPRINGS SUBDNISION - (AZ-03-024) PAGE 2 OF 17 - .~~ -.~.--, 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of John and Marlene Shay and Matt and Aneke Binford in their letter to Steve Arnold dated 10/09/2003, and the Meridian Greens Homeowners Association letter of Carla Everhart dated October 21, 2003. Additionally, the Council recognizes the concerns of John T. Berg and Jerry L. Caven in their letters dated October 6, 2003 and October 8, 2003. 13. 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Applicant must enter into a Development Agreement with the City of Meridian restricting the minimum home square footages to 2,000 square feet for a single-level home or for a two-level home (not including the garage), with an 8,000 square foot minimum lot size with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003 meeting.) B. Adopt the 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, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Adopt the Recommendations of the ACHD as follows: Site Svecific Conditions of Avproval FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 3 OF 17 t I 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of28- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east of the west property line (measured from property line to near edge of the public right-of- way). 3. Extend Loggers Pass Street into the site from the west property line, as proposed. 4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within 50-feet afright-of-way, as proposed. 5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot concrete sidewalk within 42-feet of right-of-way, as proposed. 6. Construct two standard residential cul-de-sacs without center islands. Provide a minimum turning. radius of 45-feet. 7. Construct one non-standard residential cul-de-sac without a center island. Submit a design of the non-standard turnaround for review and approval by District Development Division staff. 8. Comply with all Standard Conditions of Approval. Standard Conditions of Aooroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDMSION - (AZ-03-024) PAGE 4 OF 17 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 the District's Utility Coordinator at 387-6258 (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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 5 OF 17 /~ 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of tire protection for the proposed project: 1. That a fITe-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fITe hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Lane Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. 5. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. 6. Fill out and return the questionnaire in order to initiate the process of contractual agreements between the owner and developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 6 OF 17 , . F. Adopt the City Council action taken at their November 12, 2003 meeting as follows: 1. The zoning is approved as R-4 and not the requested R-8. 2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the Planning and Zoning Department for their approval. 14. It is found that the requested zoning designation, R-8, is hannonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Lane Use Map. The parcel is designated for Medium Density Residential (3 to 8 dwelling units per acre). The project has a gross density of 2.97 dwelling units per acre and a net density of 3.62 dwelling units per acre. The common open space for the project is 0.97 acres (5.5% of the plat area). There are proposed changes to the landscaping and open space, and therefore, the applicant will need to submit a new Landscaping Plan and Preliminary Plat. However, the zoning is approved for an R-4 re-zone. 15. The applicant has not indicated that they intend to rezone the subject property in the future. 16. It is found that the proposed subdivision of single-family detached homes will be allowed within the requested R-8 zone, but the zoning will be R-4 and will also be allowed in this zoning designation. 17. The area in the vicinity of Locust Grove Road and Victory Road has undergone a significant level of development recently. Tuscany Village Subdivision has recently been approved south of Victory Road, and Sageland and Soda Springs Subdivisions are currently proposed on the east side of the subject property along Victory Road. Sageland and Soda Springs have both requested R-8 zoning designations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDMSION - (AZ-03-024) PAGE 7 OF 17 18. It is found that the proposed use (single family residential) is 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. 19. It is not anticipated that the proposed residential and office uses will be hazardous or disturbing to future or existing neighbors, however, it is deemed that R-4 zoning would be more compatible with the neighboring Meridian Greens and Observation Pointe Subdivisions, as long as the recommended conditions of approval are complied with. 20. It is found that the property to be annexed will be served adequately by all essential public facilities and services. An existing sewer trunk line runs through the subject property. Sanitary sewer and water shall be provided via existing and new main line extensions. Applicant shall be required to pay for the extension of water and sanitary sewer mains to and through the proposed development. Public road access to the proposed subdivision is available off of Victory Road and Loggers Pass Street (a stub provided by Observation Point Subdivision). All internal streets will be constructed by the developer of the proposed subdivision. 21. 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. 22. 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 recognized that the traffic and noise will increase with the approval of this subdivision; however, it is not felt that the amount generated will be detrimental to the public welfare of the City. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDNISION - (AZ-03-024) PAGE 8 OF 17 ( 23. It is found that the subdivision's vehicular approaches off of Victory 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 of ACHD's report concerning the vehicular approaches and traffic generation will reveal their comments on these Issues. 24. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation and re-zone request. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that the annexation of this property would be in the best interest of the City. 26. 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. 13, 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 ariu zoning designation. 27. It is also found that the development considerations as referenced in Finding No. 13 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 9 OF 17 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 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 zoning of (R-4) Low Density Residential District is defined in the Zoning Ordinance at 9 11-7-2 C as follows: (R-4) Low Densitv Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 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 of Idaho Falls, 105 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 10 OF 17 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. 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 17.5 acres to Low Density Residential (R-4), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 17.5 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 meet the conditions set forth and in the event the conditions herein are not rl1et by the Developer that the property shall be subject to de-annexation, FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 11 OF 17 with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Applicant must enter into a Development Agreement with the City of Meridian restricting the minimum home square footages to 2,000 square feet for a single-level home or for a two-level home (not including the garage), with an 8,000 square foot minimum lot size with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003 meeting. ) B. Adopt the 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, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Adopt the Recommendations of the ACHD as follows: Site Soecific Conditions of Aooroval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of28- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct South Trinidad Drive to intersect Victory Road approximately 110- feet east of the west property line (measured from property line to near edge of the public right-of-way). 3. Extend Loggers Pass Street into the site from the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR GLACIER SPRINGS SUBpMSION - (AZ-03-024) PAGE 12 OF 17 4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within 50- feet of right-of-way, as proposed. 5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot concrete sidewalk within 42-feet of right-of-way, as proposed. 6. Construct two standard residential cul-de-sacs without center islands. Provide a minimum turning radius of 45-feet. 7. Construct one non-standard residential cul-de-sac without a center island. Submit a design of the non-standard turnaround for review and approval by District Development Division staff. 8. Comply with all Standard Conditions of Approval. Standard Conditio/Is of AODroval 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 the District's Utility Coordinator at 387-6258 (with file numbers) for detailse 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 FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 13 OF!? 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels offue protection for the proposed project: 1. That a fue-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fIre hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. All radii shall be 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 14 OF 17 E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Lane Use Change Application to be filed for review prior to [mal platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. 5. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District concerning the installation of the pressure system. 6. Fill out and return the questionnaire in order to initiate the process of contractual agreements between the owner and developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. F. Adopt the City Council action taken at their November 12, 2003 meeting as follows: 1. The zoning is approved as R-4 and not the requested R-8. 2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the Planning and Zoning Department for their approval. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and Meridian City. Code S 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 9 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 15 OF 17 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 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 (:~8) 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 ."'7- -I1J ?-~ - day of ;V~ve f1/V~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED$tL-- COUNCILWOMAN TAMMY deWEERD VOTED-$-cV COUNCILWOMAN CHERIE Me CANDLESS VOTED d~~ COUNCILMAN WILLIAM L.M. NARY VOTED$ tL ----- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING FOR GLACIER SPRINGS SUBDIVISION - (AZ-03-024) PAGE 16 OF 17 f{ DATED: 11-- 2-? --- (J 3 MOTION: APPROVED:~cX DISAPPROVED: Attest: SEAL ~ &.::- ~ Qu ,OJ 0 ~ ~ i"() '8r 1S\ · ~.f Copy served upon Applicant, the Pla.ru%n; ~~g ~~ent, Public w ~~\<i~,J?,r.Partment and . Illi l'i ~ \\\\ \\\\\ \ ,.,,// the CIty Attorney. 1'/fUttl ntH\\\ \\\\...J OF MEFtII"'III .....',' ~, <...1/ fJ''pF ~ .... c} nD-r\j::} .a Af.A ~ ~ ~ ~ 00ru-'-""Vfh.Y ~ ~, L /( n /) / ,/?~2 ~ ~o ~ By: ~.c....:/d-~ ~ted: '1--- .?--{;?-v-::>~ % City Clerk tY - SEAL - Z:\Work\M\Meridian\Meridian 15360M'Glacier Springs Sub AZ-03-024 PP-03-028\AZFfCl&Order.~ '1'.: GIG< ,\0)& 0 f ~ <:) ~r lS\ ' ~ ~ ~ "/ ':d'1 ~. " "/ -'e ~'- " '/1/ DU~jl-'{ ~ \", 1//11 li~ .. \\\\' "IiHf! nt\\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR GLACIER SPRINGS SUBDNISION - (AZ-03-024) PAGE 17 OF 17 WHITE PETERSON KEVIN E. DINruS JULIE KLEIN FISCHER WM. F. GIORAY, III T. GUY HALLAM, JR.. JILL S. HOLlNKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687..7901 TEL (208) 466..9272 FAX (208) 466..4405 CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE.. NICHOLAS L. WOLLEN ..ALSO ADMITTED IN WA · ALSO ADMITTED IN OR December 4, 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 -~r~, -;n ~,;! fk1 !t ~~J j.~ ,j ~, ;~~ 0 ,~ 2003 1 . ,f ~Jf 1\.Jeridi~rn (;lerk ()fEjc{~ Re: BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.8 / FINAL PLAT - (FP-03-052) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Warks, and the attorney's office. If you have any questions, please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Bear Creek No.7 FP-03-052\Clerk FP Ltr 1204 03.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC FOR APPROVAL OF 12 BUILDING LOTS AND 9 OTHER LOTS ON 10.92 ACRES IN AN R-4 ZONE FOR BEAR CREEK NO.8 (tka No.7), LOCATED AT SOUTH STODDARD ROAD AND WEST VICTORY ROAD, MERIDIAN, IDAHO C/C 10/07/03 C/C 11/05/03 C/C 11/25/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-052 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on October 7,2003 and deferred to November 5, 2003 and tabled until November 25, 3003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: September 30, 2003, to the Mayor and Council, a11d that Anna Powell Planning Director for the Planning and Zoning Department, and Steve Arnold, commented at the October 7, 2003 hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The final Plat of Bear Creek No.8 (fka No.7) "PLAT Of BEAR CREEK SUBDIVISION NO.7, LOCATED IN THE SE ~ OF SECTION 24, T.3N., R.1 W., BM, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052) Page 1 of 5 MERIDIAN, ADA COUNTY, IDAHO, 2003, 30306-PLT.DWG MEM 8/21/03, STAMPED DATE: AUG 21 2003, HANDWRITTEN DATE: 8/21/03, SHEET 1 OF 2, RK DEVELOPMENT, LLC - DEVELOPER (THIS SHOULD BE: BEAR CREEK, LLC - DEVELOPER), BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", BEAR CREEK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner for the Planning and Zoning Department, dated: Hearing Date: September 30, 2003, listing 19 SITE SPECIFIC COMMENTS and 5 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the reference to the deferral of this application in a letter from Steve Arnold dated October 7, 2003, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of one page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 25, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 2. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, the developer shall coordinate with the District concerning the installation of the pressure system. Fill out ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052) Page 2 of5 and return the District's questionnaire in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. 1.2 Comply with the conditions of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stonnwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Storffiwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 From the November 25, 2003 City Council meeting the following clarifications are noted for the record: 1. This Final Plat application, Case No. FP-03-052, shall now be known as Bear Creek Subdivision No.8. 2. Pertaining to the issue on the frontage, the developer shall accommodate the shortage by adding frontage around the cul-de-sac. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052) Page 3 of5 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvemel1ts. 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 this decision 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052) Page 4 of5 By action of the City Council at its regular meeting held on the ffiv~~~ 25..fA day of , 2003. \\\\\\lli!f:UJ/ RO . \\ "f/_ ",\\\\ 0'(- k~c/:-{~S;}1~yor, Cit of Meridian "", 0~ i\\PCFl~"1 J'o:'jfJ;- .~~::. 2 ,~0G r('{) ',:- 2 ~ "_' ::; \ :'. A ~ SEAL) ~ ~ ~"'"' J ~.~ 7~ c7 . /~ ~ /- -;. Ou '\ I 0 :- William G. Berg Jr. City Cler ~ "0 rsr 1S"' · ~c- ~~' , , ~/ "'.Af ,~'l.' "......'- /// 00;J"'J.~'{ ~ ' ,...,~'- / / // /1; ..- t' ; :. ;~:'~ :.. "I i '\ \ '\ \ S'. . Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works Denartment, . \\\f\\lltl1lt/1 and CIty Attorney. \\\\\\ Or-: rt~l:''':'~/I;I \,' ......1 ' --1._1 ~:'^ // .....' ..<., -'VI /<,.,. -.....' ~ ' :,,;:'t .. . .; Ci 00f\POR4 r. vb~ -: ! ~ ~ IZ-5""-tJ3 ByJ~fi ~I ~ Dated: Z:\Work\M\Meridian\Meridian 15360M\Bear Creek No.7 FP-03-052\OrderFP nka No. 8.doc -y~ & ~ Q Qi ~ ~.."O uSr 15\ · ~ ~f) -'~' ,;' :..d t-..... .... " ... ......... - 7 a "A' - ....~,. ..../0 ,V" /IIIJ~ L'NT'< t _ \\:.",\'\." 1Jli[,;;:: ..:'1)\\\'> ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-052) Page 5 of 5 !vIA YO H.. A Good Place to Live LEG.AL DEP.ARTMEN'T (208) 466-9272' Fax 466-4405 PUBLIC WORKS BUILDING DEPARTM:ENT (208) 887-2211 . Fax 887-1297 Robert D. Corrie CITY OF MERIDIAN CITY CO.UNeIL MEMBEH.S J(eith Bird Tan1my deWeerd Cherie McCandless William Nary 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEP ART1vfENT (208) 884-5533 . FAX 888-6854 STAFF REPORT: Hearing Date: September 30, 2003 To: Mayor & City Council <J Ii Sonya Allen, Assistant City Planner (J ~ Bruce Freckleton, Engineering Tech. III ~ Prom: Re: Request for Final Plat Approval of Twelve (12) Residential Building Lots and Nine (9) Other Lots on 10.92 Acres in an R-4 Zone for Bear Creek Subdivision No.7, by Bear Creek, LLC (File No. FP-03-052). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bear Creek, LLC, has requested final plat approval of the seventh phase of Bear Creek Subdivision located on the north side of W. Victory Road, approximately 12 mile west of S. Meridian Road (Hwy 69). This phase includes 12 single-family building lots and 9 common lots. The gross density is approximately 1.09 dwelling units/acre, with a net density of 1.72 dwelling units/acre. The site is approximately 1 0.92 acres and is currently zoned R -4. All lots within the subdivision meet the minimum lot requirements of the R-8 zone except for Lot 36, Block 15 which needs to be revised to meet the minimum street frontage requirement of 80 feet. The minimum house size within the subdivision is 1 ,400 square feet, not including the garage area. The minimum lot area within the R-4 zone is 8,000 s.f. per dwelling unit. A variance request to exceed the maximum cul-de-sac length of 450' on S. Silvertip Place was previously approved for this project. Staff finds that the proposed final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of the final plat for Bear Creek Subdivision No.7 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS EXHIBIT "A" PAGE 1 OF 4 Mayor and Council Hearing Date: September 30, 2003 Page 2 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-03-009) and Development Agreement (Instrumellt No. 103137113). 2. The pressurized irrigation system within this development is to be an extension of the system that is owned and operated by the N amp a Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point cOlU1ection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Compaction test results must be submitted to the Meridian Building Department for all building pads within lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24 hours. 5. The private street within this development shall be designed and constructed to public street standards per Meridian City Ordinance. 6. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. All landscaping and fencing shall be installed as depicted on the landscaping plan submitted as part of the Pinal Plat application (Sheets L-I & L-2, dated 7/22/03 by The Land Group). All landscaping shall be installed prior to the issuance of any Certificates of Occupancy. 8. All required fencing shall be installed prior to issuance of any building permits. All fencing shall be reduced to three feet in height within twenty feet of the right-of-way of S. Silvertip Place per MCC. 9. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing gravity sewer main located in Overland Road. Applicant will be responsible to construct lateral sewer mains to and tlrrough this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Black Cat trunk development fee of $1,500.00 per dwelling unit shall be assessed against this development. Payment of the trunk development fee is required prior to signature on the final plat map by the City Engineer. EXI-llBIT "A" PAGE 2 OF 4 Mayor and Council Hearing Date: September 30, 2003 Page 3 10. Water servIce to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three- feet above the highest established normal groundwater elevation. 12. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures per MCC 12-5-2.K. 13. Complete the Certificate of Owners and its accompanying Acknowledgment. 14. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Revise the plat to show a 20' easement to the City for a pathway along the south side of the Ridenbaugh Canal per Preliminary Plat Findings of Fact and Conclusions of Law No. 12 (applicant is not required to construct the pathway). The easement shall be recorded ahead of the final plat, and the recording illstrument number shall be referenced on the plat. 16. Lot 36 does not meet the minimum street frontage requirement of 80 feet. Revise plat to comply with MCC. 17. Revise SilveIiip Place to Silvertip Lane per the Ada County Street Name Cormnittees approval. 18. Please add or revise the following plat notes: (1.) .. . adjacent to any public street Silvertip Lane... (2.) .. .do not front a public street Silvertip Lane. (8.) .. .provisions of the recorded Development Agreement Instrument No. 103137113 ... (13.) Revise minimum square footage of single family structmes to 1,40Q. s.f. (15.) Revise: Garage, Interior Side - 5' single story' & 7" t',,\~O story (ordinance has changed) (~) Add note: The owner of each lot~ across which passes an irrigation/drainage ditch or pipe~ is responsible for the maintenance thereof~ unless such responsibility is assumed by an irrigation/drainage district. 19. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS EXHIBIT "A" PAGE30F4 Mayor and Council Hearing Date: September 30, 2003 Page 4 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. I DO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain an approved design and permit from the Public Works Department prior to conunencing installations. 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. RECOMMENDATION Staff recommends approval of the final plat for Bear Creek Subdivision No.7 with the above stated comments and conditions. EXHIBIT "A" PAGE 4 OF 4 -- .-_I"_~, "-'c...vv / p. 1 BRIGGs, ENGINEEIfING, ;nc. ENCa~/PL~.'SURVEYORS 1800 West OVerland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 stevea@briggs-engineering..com WNW .briggs-engineering .com October 7, 2003 FAXED DIRECT: (888-6854, 888-4218) Anna Powell, Planning Director Meridian Planning and Zoning 660 E. Watertower, Suite 202 Meridian r Jd 83642 "RE(~EIVED OCT 0 7 2003 Re: Bear Creek No. 7 Cit~y Of Meridia11 City Clerk Office Dear Anna, Bear Creek No~ 7 is scheduled for tonighfs City Council Hearing for revlew and comment. The developer will soon be submitting Bear Creek No. 8 for final plat approval. that application will be submitted by October 10, 2003. It is also the intention of the developer to build phase 8 prior to phase 7. Therefore. we are going' to request the City refer to the approval of phase 7 as phase 8 and visa versa for phase 8 to be referred to in the future as phase 7. Based on the switch of phasing, I request that the hearing on the final plat for phase 7 be deferred to November 5.2003, City Council hearing which is the anticipated date for the hearing of phase 8. which will now be referred to as phase 7. The developer and myself appreciate the City working with us on this change and we do understand the difficulties this change creates internal, as it will within our offices. However, it is of the opinion of the developer that the market at this time will have a greater demand for the lots in phase 8 (now 7) than for phase 7 (now 8). '. Sincerely t-lL lO~Ol-03 J-k ltYl llo. 3 Steve AmokJ Planning Projects Manager Cc: Project fUe Bear Creek LLC 30306JPreliminary Plat deferml 1 "R. II E~": "iT ~ OCT 07 '03 15:47 November 21, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 25, 2003 3-L ITEM NO. REQUEST Agreement for Professional Services for NPDES Permit Applications - CH2MHill: 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 Memo / Agreement tivff~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( Memo To: Mayor Corrie & City Coun;~ ) From: Brad Watson, P.E. //tL/ CC: File, Gary Smith, PE, City Clerk Date: 11/20/03 R E' ; , tr'''~ 1~~~ .r'~ T~ri r~ ~1;!J "4 { J a-,; M \1 t .i ~ , '" 7' '.,"'" ~.~ v1L._,,...} ,.ii:.~, ';'J ..,~,,~_ . ,~;L.._ ,'1'_ NOV2 11 2003 Cit-~l Of 1\1ericliarl City Clerl~ Office Re: November 25 City Council Meeting - Agreement for Professional Services, CH2MHill- NPDES Permit Applications We are asking for City Council's approval of an agreement for professional services with CH2MHill to assist the City with completion and submittal of NPOES permit applications. Task Order No.1 covers the renewal of the City's NPDES permit for effluent discharge to Five Mile Creek and the Boise River. E. P .A. requires this pelmit be renewed every five years. CH2MHill successfully assisted the City of Meridian with this process two previous times in the '90's. New this year is a separate application for the biosolids disposal program. EPA used to include this part of the City's operation in the overall permit. However, E.P.A. Region 10 (10, WA, OR & AK) is now separating the two operations presumably because they are separating their enforcement bodies into two distinct divisions. Attached is a copy of the proposed agreement with CH2MHill describes in detail the proposed scope of services. The contract will be on a time and materials basis not-to-exceed amount of $7,500 for each application (total = $15,OOO)~ These tasks are included in the Wastewater Strategic Plan and the FY '04 budget. Recommended Council Action: Approve the agreement for professional services with CH2MHilI for E.P.A. NPDES application assistance, on a time & materials not to exceed amount of $15,000, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 CH2M HILL 700 Clearwater Lane .-""'~...... ""~ Boise, ID CH2r\fijH~ll 83712-7708 P.O. Box 8748 Boise, ID November 10f 2003 83707-2748 Tel 208.345.5310 Fax 208.345.5315 Mr. John Shawcroft Superintendent 3401 N. Ten Mile Road Meridian, ID 83642 Subject: NPDES Pernlit Applicatiolls Dear John: Please find enclosed two partially executed originals of a Standard Agreement for Profession.al Services. This Agreenlent provides the City of Meridian with NPDES pernlit Assistance services fronl CH2M HILL. Please have the Agreenlents executed in the space provided, and return one original to file for our records. If you have questions or need to discuss further, please give file call at 345-5310. Sincerely, ~~ Rick Bishop ~ Project Manager L 111003A.OOC STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL's Office Address: 700 Clearwater Lane, Boise, ID 83712 Project Name: NPDES Permit Assistance CH2M HILL Project: Client: City of Meridian, Idaho 33 East Idaho Avenue Address: Meridian, Idaho 83642 CLIENT requests and authorizes CH2M HILL to perform the following services: ~ Attachment 1 - Scope of work for NPDES Permit Assistance. by CLIENT to CH2M HILL will be on the basis of: Time and materials, not to exceed the cost ceilings noted in Attachment 1 unless authorized by the client. - Services covered by this AGREEMENT will be pertormed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Title Title CLIENT: Signature Name (printed) Name (printed) Date Date FORM124 REVISED: 7/97 /\ ,. i ATTACHMENT I Scope of Work for NPDES Permit Assistance This scope of work is part of the AGREEMENT betvveen CH2M HILL (ENGll\TEER) and the City of Meridianl Idaho (CITY) generally described as NPDES Pennit Assistance for Wastewater Treatment Facilities. Scope of Work The scope of work is divided into the following tasks: Task I-Application Assistance for NPDES Pennit for Discharge to Receiving Waters Task 2-Application Assistance for NPDES Permit to Land Apply /Tr~sfer /Landfill Biosolids Task 1-Application Assistance for NPDES Permit for Discharge to Receiving Waters The purpose of this task is to assist the CITY prepare an application for an NPDES pennit to discharge wastewater from the existing Meridian Wastewater Treahnent Facility. The CITY's current NPDES discharge pennit expires at midnight November 2,2004. To continue an activity regulated under the pennit, the CITY must reapply at least 180 days before the expiration date of the pennit. This means the application must be received by EP A before May 6, 2004. The scope of services to provide this assistance is presented below. Prepare Application for Discharge to Five Mile Creek and the Boise River The ENGINEER will prepare a traditional NPDES pennit application consisting of providing information to EP A as called for in EP A Form 3510-2A (Rev. 1-99). The required raw data is assumed to be generally available from monthly records maintained by the CITY. The CITY will provide the monthly records to the ENGll\TEER. The ENGINEER will convert the monthly data to annualized data as required on the form. The ENGll\TEER will submit a draft NPDES permit application for discharge for review and comment by the CITY. The ENGll\TEER will meet with the CITY to discuss the draft application in the CITY's office. The ENGll\TEER will modify the draft application based on the CITY's and the ENGll\TEER's review. The ENGll\TEER will submit a final version of the NPDES pennit application for discharge for the CITY's use and signature. Task 2-Application Assistance for NPDES Permit to Land Apply/Transfer/Landfill Biosolids The purpose of this task is to assist the CITY prepare an application for an NPDES pennit to land apply j transferj landfill biosolids generated from the existing Meridian Wastewater. Treatment Facility. The CITY's current NPDES pennit to land apply j transferj landfill biosolids expires at midnight November 2, 2004. To continue an activity regulated under the pennit, the CITY must reapply at least 180 days before the expiration date of the pennit. \\OWL\USERS\RBISHOP\CITY OF MERIDIAN NPDES APPLICATION SCOPE_2.DOC November 21,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT November 25, 2003 3~m ITEM NO. REQUEST Water Main Easement for D.L. Evans Bank: 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 IRRIGA liON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo / Easement ~v,..L/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 11120/2003 Re: Proposed Agenda Items for November 25th City Council Meeting T:) '[:i1 ~ ";0 '\ rr1 '-', fi,JL~j .1 \1 t~J l.~ NOV 2 0 2003 C~t~y Of I\1eridiar. CIty Clerl{ Office The Public Works Department respectfully requests that the folloWing items be placed on the November 25th City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for DL Evans Bank. Typical water main easement Recommended Council Action: Approve the Water Main Easement for DL Evans Bank and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT TIDS INDENTURE, made this 17th day of October, 2003 between D .L. Evans B~ 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 fOT 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 Gran~ the right-of- way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXIDBIT 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 HAVE 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, performing 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 within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they "ill 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 "rith the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree \Vith 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 effect and shall be completely relinquished. Water Main Easement Page 1 EASMT WTR.doc 1 ~ ,1 ~~.>' ( THE GRANTORS do hereby covenant -with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract oflancL 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 WITNES S WHEREOF ~ the said parties of the first part have hereunto subscribed their signatures the' day and year first herein above written. GRANTOR: D.L. Evans Bank STATE OF IDAHO) ) ss County of Ada ) On this 20th day of October, 2003, before me, the undersignecL a Notary Public in and for said State, personally appeared Brenda Sanford and H. Scott Horsley, known or identified to me to be the Chief Financial Officer and Sr. V.P. and Credit Administrator, respectively:> of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. M.,eredith HUfit 1\~t'aJY Ptrblic State of ,Idaho ~~~~ PUBLIC R IDAHO NOTARY Residing at ~^ y \~ ~ Commission Expires: Ur 1% - ~ ~tl CO\V1MlSS.lON .EXPIRES 4:-~ ~ NOTARY PtJBUC . ' -r D1 'Rt r=v iDAHO REstOlNG A,J pu 1.,.1;;' ~ GRANTEE: CITY OF IvffiRIDIAN Robert D. Corrie, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 EASMT WTR.doc . STATE OF IDAHO, ) 5S. County of Ada ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, per?onally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known 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. 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 COMMISSION EXPIRES: \\, ....,..l~.r. "-'-.. ........ ,.1.,./- -""r../...... ~.. /'/ .~.,.., '...... /,/ RennlSODengilleering Civil Engineering-Land Surveying-Land Planning PLLC w' ......-. ......../....-- ~"" Office 2 0 8 . 3 4 3 . 0 0 2 5 Fax 2 0 8 . 3 4 3 . 0 3 3 7 wV\rw.rennisonengincering.com 50 Broad\vay Ave., Suite B, Boise, Idaho 83702 Octo ber 2, 2003 Project No.: 1324 Legal Description For Water Easell1ent A water easement located in Lot 1 of Block 1, Angel Park Development Subdivision, which is situated in the SW1/4 of the SEl/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and as recorded in Book 73 of Subdivisions at page 7551 in Ada County Records, and being more particularly described as follows: Commencing at the south one-quarter corner of Section 5, thence North 00028'51" East a distance of 51.14 feet to a point, thence South 89032'34" East a distance of 661.15 feet to a point; thence North 00029'29" East a distance of 188.93 feet to a point, said point being the POINT OF BEGINNING: thence North 89032'3411 West a distance of 20.00 feet to a point; thence South 00029'29" West a distance of 23.00 feet to a point; thence South 89032134" East a distance of 20.00 feet to a point; thence North 00029'29" East a distance of 23.00 feet to a point, said point being the POINT OF BEGINNING. The above described easement contains 460 square feet, more or less, subject to all existing easements and rights of way. Prepared by Rennison Engineering, PLLC. --. R: \Proj ects \BRS Architects\ 13 24\Admin \Legals\ \V ater easement.doc Page 1 ofl [9>~ () CD >;o~\]'1 5>Ul~O C U) (TI \] C r (J) 3:: fTI Z :> () fTI ;0 0 &~~=<, c c ~ z ... (TIz- ('T1 :::0 o Z lJ Z \] o Z --I I I ( I I I I I I I -.a. o o NOO-28t5'-E OJIc.n --I. T 1 "-.... ~ o o ~ ~ a ::;- < (i)- =f )> < <b fTl~ a 0 en..-+- (I) <D 3 ..., Cb :J t'1'" ( , - ( November 21, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department November 25, 2003 ITEM NO. 3-# REQUEST Finance Report: 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: )jvU Wflrr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( I CITY of MERIDIAN FINANCE REPORT October 2003 Table of Contents REPORT NAME Long Term I nvestment Status Investments and Cash WWTP - Budget to Actual Comparison WATER - Budget to Actual Comparison Utility Sales Revenue Comparison General Fund Expenditures - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2004 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Amendment Surplus Inventory General Fund Summary Special Service Fund Summary Enterprise Fund Summary Revenue & Expenditure Reports from accounting software 1 of 48 PAGE# 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ( ( CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 10/31/2003 $8,639,050 INTEREST BEARING ACCOUNTS PORTFOLIO DISTRIBUTION . Government Bonds $401,338 o Certificates of Deposit iii Advisor Money Market $1,491,760 [] Checking . Money Market $1,572,772 .Wells Fargo Bond Reserve . Idaho State Pool CASH & INVESTMENT TYPE - NET YIELD 0.04 0.035 0.03 0.025 - 0.02 0.015 0.01 0.005 o O~b~ ++ ~~ i!\~<b ~0tt., 0(l0 .qoo' .. ~ <>0+ o~ 0C1~ ~~ 0~ ~0 ~~ 0' ~,~ (,~ ~ 1> ~ &.tt.,~ ~0 h~ ~6 ~0 ~ ., ..1.\.'" !'f."'''''- ....+..O 40 >>0 ~. ~ ~~~v ,# 04 ~~ ~ ~ G (,0 $1,309,582 $3,601 ,136 $1,067,033 Investment Account Balance by Fund $579,426 o General Fund iii Cap Improve Fund $2,504,968 . Enterprise Fund o Fire Truck Fund . Latecomer Fund . Special Service Fund . Park Impact Fees 2 of 48 ( I CITY OF MERIDIAN INVESTMENTS AND CASH 10/31/2003 $1,400,000 ~;: ~~:~-<~~- $1,200,000 C r-_~- $1,000,000 ~~-i~ -:~-;:. $600,000 w_ - $200,000 $0 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 ( . - - -- -- - - CTf,.Y --- INTEREST RATE HISTORY --~~' - ~-- :~;(' ~~ -- MONTH :r j' :'.: - - -~, ' ,: -;r-t ,,', '," ~ i~ " -- - - 5.000/0 4.000/0 ~,-~ C +k. ...J 3.000/0 - ~ W 'T~._ > 2.000/0 ~ 1.000;0 '-:;..' 0 ,,-~' + ::I"~ "" _ ~_ ,._ .~:" 0.000;0 ~ "\ ,;;. -~ --~ . ..~'" ..~~ ..~~ ..~n;, ..~~ ..~n;, ..~'b ..~n;, ..~'b ..~n;, ..~'b ..~'b '$)0~ ~0~ ~<:\ ~<:\ t..~ ~~::::. .a-~~ ~0 ~:~ i:>t::J~ '$:)0.... :!:)0~ 0~ 0~ ~~~ ~~~ ~'lI' ~ ~. ':>~ 'S ~V<:$ ~'lJ~ d'....O ~O.$. <:l; 'S <<0 C:J'lJ~ _ ",t-",.."" _ ..~..~~... =. '" if' .;j>- ""1--. -~ ~ -:t Investment Income - Budget to Actual Comparison General Special Service Enterprise COMPARISON - INVESTMENT & CASH BALANCES !p,fIjk o~ . ~/;f ^;/: <0~ <~~ % 00 O~~..( J'~/; ~ (5) ~ &-:0 &00 ~~ ~ C '/ '?J.'1o vO.f 'l~ ~~ 1!... O~ ~ ~O;r A:- (5) A:- (5) 1,)' V% ~~ ?"ot.: ~ V.., V.., A:- 6>;r </. ~ ~ ~ ~ ~ ~ ~ ~ Q(5) ~& ....c)l/ 3 of 48 -5 i,- - ,,- t', ~'~Ch~ckirig _ --}.- :~.- Acc6-unt~. --'7-"'- ' --'!>'-' '-:_ ty1oneY:'~a~ket- ~:~.~ .. ~= c' ~. ~._~t(!Jaho ~;~~,I ~-- I ncame- ~~'\..--.-/ ~--'- . , . -'1f ii: -, _~ ,,~ . ~ - -.- - - ~,~ ' ~~Net~lnve.sb'n'ent : .~.' Advisor Inca-me,,,; . Interest Income Tatal Budget III Interest Income Budget YTD o Interest Income Actual YTD . 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(J)t/J<( S ; :: :; ~~ ~ Q) : ~ C ~ o (1) .- ~E-; ~J:: Q) t'tI .... g g..s ~c"'C $~ ~ .5 <5 Fa ~~"5 o .2 ~ ~:Ot'tl 0"::::Jt/J ~a..u; Q) 0 .- J:: 0 c..... c t/'; "'C 0 .~ ; ~ Q) C) ::::J E .= .:: 8 == ~ .= ~ 8 .....t'tI_ t/'; a. t'tI iri ~ "u .a ~~~g Zic ic <( co v '0 1.0 / ( CITY of MERIDIAN UTILITY SALES REVENUE COMPARISON for Period Ending 10/31/2003 WATER SALES REVENUE $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 - ~i~f}ir~:~ ~ i ~ -.- FY2002 FY2003 ~ FY2004 - ;:~--- --w-- u 0' 0' 10' r~CF ~ tf' O'V ~0 00 ~O <::)flJ (b<A 1)<:\ 0" r;.v ~ ~~ ')fli << qr> .~ "?'-~ ~ ~'b'~ r;.0 ')v ;s~ 'S ~ 0' ~ ~ ,,?,-..:s ~0 ~0~ 'NWTP UTILITY SALES REVENUE $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 -.- FY2002 FY2003 -e- FY2004 10' 10' 0' 0.& 0<f' flJ~ o ~O..s. <::)00 !?t<A f'tt<A 0" r;...:J ~ ~~ ')fli <<qr> 9.~ ~ ~ts\ ~0 ')v ,.s-~ ~ ~ .) ~ ~ ,,?,-..:s ~0 C::J0'Q. Water 03- '04 $ % ~p Dollar Percentage Month FY2002 FY2003 FY2004 Change Change Month FY2002 FY2003 FY2004 Change Change October $357,563 $276,042 $273,142 -$81,521 -22.80% October $221,063 $324,870 $374,634 $103,807 46.96% November $203,611 $214,536 $10,925 5.37% November $240,097 $339,620 $99,523 41.45% December $149,145 $141,050 -$8,094 -5.43% December $254,195 $283,145 $28,950 11.39% January $151,301 $155,770 $4,469 2.95% January $255,736 $329,145 $73,409 28.71% Feburary $158,240 $147,265 -$10,975 -6.94 % Feburary $261,926 $311,595 $49,669 18.96% March $146,909 $142,265 -$4,644 -3.16% March $235,264 $296,694 $61,429 26.11 % April $174,751 $158,136 -$16,615 -9.51% April $252,716 $320,870 $68,154 26.97% May $241,894 $200,121 -$41,773 -17.27% May $257,080 $336,811 $79,732 31.01% June $408,431 $324,371 -$84,061 -20.58% June $277,368 $359,079 $81,711 29.46% July $363,936 $428,864 $64,929 17.84 % July $356,038 $367,646 $11,607 3.26% August $406,124 $418,197 $12,073 2.97% August $334,856 $368,848 $33,991 10.15% September $359,824 $380,460 $20,636 5.73% September $346,096 $366,595 $20,499 5.92% 6 of 48 z o en ii: c:( Q.. ::!: o () w ~ enD ~~ g ~~ ~ z> a ~;t c zw=> ~ ~~t; Z ~~~ ~ W..JI- !z ::~ti'Vo owC)o ::!: ~ffig~~ UC)COU.LL w o olJ ~ U 1:) a.. <( "00 ~~:: ~ Q) C') " :::::s CQ ro s.- a> t: Q) <!) o 0 o 0 o 0 ~ ! ~ ~g~~ l:!~~~ l~~rt :5 ~~~ c?~~ ~~ o u 1::0:( Q. r-. .... r-. r-. ~~:2~ Nr-.C71ol C;;~~~ """ 't:;- ~g~& l:!~-'::" :~~~ => ?f!.#.#.-.e. ~~~~ cO~~m QI ... u ~ ~ 01:: Q:!: ~~ 0:( t~ ~ .... ~~ ~~ ~~ w o .., w 0 o 0.. ~~~J8 o o o ~ ~;#.;#. ;J;~~ ~~~ ~~;!;; (ONC71C71 M(<)<O""': ~~~~ ~ """""" #.#.;#.*- ~ffi~~ ~~rim ~~~~ ~~~! ~~r-.CO co2;::!;;::: ~~~cO r-.1.()N cor-.<O N<OC71 ~~~ ~8~g ~....1.() C") MIJ:)C71cO ~~;:::: N (<) w o .., <J 0.. ~<Jw~o U:c..OI-O o 0 o 0 o 0 a a o 0 o 0 o 0 a ~ '$.*"#, co8Sl ~;~ COIJ:)'d"CO ~;::!;~~ re;:w::~ """,,,,"~N ~ #.;#.;#.#. r;;s::~;! lli"':r-.:cci N(<)NO'I ~iJ@l~ ;:.t;~g ~ ~~ ~ ~~~~ ~~~~ ,...OlCD ~:gg M(<)<O 'd"NIJ:) ~~fg~ ~~~:g LON""a w o .., o ~ Q. ~~~~8 000 000 000 ~ ~ ~ m(O~;2; <01.()N1.() ~~~~ NONN S;~~8 ~~~~ z o ~ ~ I- .., ~ ~ i ~ ~~~~8 00 ~~o Q)-~ .g.a 5 ;:) 0 ';:: coc<a... 13m. ~~~~ CC!~"":~ ~~~~ *-'$.* ~~~ ~goi ...."t"1.()(") ....,...10..... ....<0,...01 g~:2~ """ ~ '$.;I!.#.<J! 0'1""""""(<) CON......... ~~g~ #.;f!.*ct. .........M..... <or-. 01"" C"'ioi.,fcO .........NOl re~~g CO(<)....M ~~~~ ~ z i c c( U) ~ 0:: c( 0.. 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W ....'6) 9v :EM 9C2 0 0 0 0 0 0 0 0 0 Vo u..O O~ 0 0 0 0 0 0 0 Y7 ~ 0 0 0 0 0 0 0 ~2i L() 0 1.0 0 L() 0 L() C') Ct') C\.I C\.I ~ ~ Y7 - ~ Y7 Y7 Y7 Y7 fF7 Y7 (J CITY OF MERIDIAN VACANT POSITION REPORT AS OF September 30, 2003 ( Date Department Job Position Filled New Vacant ~alrce John A Overton Crime Prevention Specialist Captain (Musser) Police Lieutenant (Bowman) Police Lieutenant (Overton) Sergent (Stowe) Robert Stowe 10/1/2001 9/1/2003 7/31/2003 7/15/2003 9/1/2003 9/11/2003 9/11/2003 I W.i~J~rll1if;:Iuj~;[~i4-1:~s'1Y:'[. Operator II 10/1/2002 Water Work Person (Arte) 3/12/2003 r RiirKj', ". ~ r15 .. 20 Seasonal Part.. Time Seasonal 10/1/2002 Varies Recreation Su peri ntendent (Arreola) 8/1/2003 Eii~; ~UIi'li~lW,o!:l{~/; Staff Engineer or Engineer Tech I or II :~Z .M!J.e~S .Ic/s Rep (Cooke) 8/29/2003 : CITY of MERIDIAN new positions approved by City Council for Budget Year FY2004 Police Police Police Police Police Police Police Police Police Fire Parks PW PW Water Water WWTP WWTP Position approved Patrol Officer basic entry Patrol Officer intermed entry Patrol Officer advan entry Patrol Officer basic entry Patrol Officer intermed entry Patrol Officer advan entry School Resource Officer Mtn View School Resource Officer elementary Crime Prevention Specialist Part-Time Office Assistant Grounds Keeper I Field Inspector II for water Field Inspector II for water Water Connection & Service Coordinat Water Work Person Chief Operator Operator III 13 of 48 wages 34,736 35,652 36,567 8,435 wages for 3 months 8,664 wages for 3 months 8,892 wages for 3 months 34,736 continguent upon receipt of COPS grant 35,658 35,760 7,680 26,395 36,858 36,858 26,911 23,573 43,000 36,858 ( Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description FY2003 for FY2004 FY2004 YTD Variance Notes 1310 94300 Mayor computer replacement 1,260 1,066.00 194.00 replace 1840 92401 Centennial Park 45,000 45,000.00 need to amend to Parks Dept 1840 96001 City Hall space study 50,000 4,292.00 45,708.00 capital improvement funds 1910 94300 Computer #1552 (Kristy) 1,350 1,066.00 284.00 replace 1910 94300 Computer #1553 (Steve) 1,350 1,066.00 284.00 replace 1940 94300 Computer #1204 (Alana) 1,350 1,350.00 replace 2110 94100 vehicle 40,000 40,000.00 enhancement #1 2110 94100 veh icle 40,000 40,000.00 enhancement #2 2110 94100 replace 97 Ford K9 34,000 34,000.00 replace 2110 94100 replace 98 Ford K9sgt 34,000 34,000.00 replace 2110 94100 replace 98 Ford Sgt 34,000 34,000.00 replace 2110 94100 replace 00 Impala ptl 34,000 34,000.00 replace 2110 94300 computers (2) 4,300 1,066.00 3,234.00 enhancement #4 2110 94400 glock gun 525 525.00 enhancement #3 2110 94400 furniture for 2 3,275 3,275.00 enhancement #4 2123 94400 3 glock guns 1,575 1,575.00 enhancement #1 2123 94400 3 glock guns 1,575 1,575.00 enhancement #2 2124 94400 records cabinet 3,817 3,817.00 enhancement #7 2210 92300 Fire Station #3 2,700 528.00 2,172.00 carryfolWard 2210 93302 Opticom tvvo 9,000 7,590.00 1,410.00 enhancement #5 2210 94120 Engine Station III 380,300 380,300.00 enhancement #2 2210 94200 Fire Station #3 furniture 22,998 22,997.94- carryforward 2210 94300 Mobile Data Terminals 7,500 7,500.00 enhancement #4 2210 94400 Thermal Imaging Unit 12,000 12,000.00 enhancement #1 2210 94600 Fire Station #3 phone 5,000 5,000.00 carryfolWard 5200 93405 Storey Park Development 295,382 886.80 294,495.27 carryforward 5200 94100 New vehicle 5,464 469.29 4,995.14 carryforward 5200 94300 computer replacement 1,260 1,066.00 194.00 replace 5200 96156 Adventure Land Island Phase I 100,000 50,000 150,000.00 enhancement #5 5200 96900 Borup Property Purchase 165,000 165,000.00 enhancement #13 5200 96902 Bear Creek Development 114,959 17,538.66 97,419.87 carryforward 5200 96903 Settlers Phase#1 Development 336,632 96.07 336,535.65 carryforward 5200 96904 Settlers Park Youth Baseball 150,000 150,000.00 enhancement #6 5200 96910 Centennial Park 5,294.60 (5,294.60) budgeted in the admin group of General Fund 5200 96920 Kiwanis Park 76,000 76,000.00 enhancement #4 5200 96921 Lochsa Falls P.A.L Soccer 160,000 160,000.00 enhancement #7 5200 96922 Parkstone Park Design Docs 11,000 11,000.00 enhancement #10 5200 96923 Autumn Faire Park Design 11 ,000 11,000.00 enhancement #11 0.00 General Fund TOTAL Capital for FY2004 883,134.69 1,364,437.00 42,025.42 2,205,546.27 CITY of MERIDIAN FY2004 Budget to Actual Capital Outlay GENERAL FUND YTD 10/31/2003 14 of 48 (-'- - CITY of MERIDIAN FY2004 Budget to Actual Capital Outlay ENTERPRISE FUND YTO 10/31/2003 Carryforward BUDGET PURCHASES Bud to Act Dept Acct Description from FY2003 for FY2004 FY2004 YTD Variance Notes PW 3200 94100 Pickup camper shells 4,000 4,000.00 enhancement #1 PW 3200 94100 New Pickup 19,000 19,000.00 enhancement #2 PW 3200 94100 New Pickup 19,000 19,000.00 enhancement #2 PW 3200 94300 GIS Server 35,000 35,000.00 enhancement #3 PW 3200 94300 GIS Software 45,000 45,000.00 enhancement #3 PW 3200 94300 GPS unit 5,500 5,500.00 enhancement #4 PW 3200 94300 Computer replacement 1,500 1,066.00 434.00 replace PW 3200 94300 Computer replacement 1,500 1,066.00 434.00 replace MUBS 3300 92100 New Front Counter 5,780 5,779.82 carryfolVlard MUBS 3300 94300 Computer replacement 1,360 1,360.00 replace MUBS 3300 94300 Server replacement 6,500 6,500.00 replace Water 3400 94300 Computer replacement 1,500 1,066.00 434.00 replace Water 3410 93301 Telemetry upgrades 20,000 20,000.00 enhancement #3 Water 3410 93510 Urban Renewal 100,000 100,000.00 enhancement #5 Water 3410 94100 New Pickup 19,000 19,000.00 enhancement #2 Water 3410 94400 Well security upgrades 50,000 50,000.00 enhancement #3 Water 3410 96111 Water Tower upgrade 15,271 15,270.75 Dec03 expected completion date Water 3490 96133 Well #22 remediation 125,000 125,000.00 enhancement #3 Water 3490 96140 Water Line Extensions 219,218 2,410,000 4,308.79 2,624,908.96 enhancement #5 Water 3490 96149 Well #24 land purchase 18,993 50,000 297.20 68,695.31 enhancement #3 Water 3490 96150 Well #25 439,291 1,327.50 437,963.02 Dec04 expected completion date Water 3490 96157 Well #26 223,000 150,000 373,000.00 enhancement #6 Water 3490 96158 Well #27 200,000 300,000 500,000.00 enhancement #6 WWTP 3510 92100 Enclose & Heat 2 Garage Bays 15,000 15,000.00 enhancement #2 WWTP 3510 93510 Urban Renewal Projects 100,000 100,000.00 enhancement #7 WWTP 3510 94300 computer #3548 replacement 1,500 1,066.00 434.00 replace WWTP 3510 94300 computer #3730 replacement 1,500 1,066.00 434.00 replace WWTP 3510 94300 computer #3003 replacement 1,500 1,066.00 434.00 replace WWTP 3510 94400 Bldg Wash Barrier 1,500 1,500.00 enhancement #2 WWTP 3510 94400 Temp Work Enclosure 2,500 2,500.00 enhancement #2 WWTP 3510 94400 relocation Gunset#1 30,000 30,000.00 enhancement #2 WWTP 3510 94400 Digester Sludge Mixer 24,500 24,500.00 enhancement #2 WWTP 3510 94400 Blower Bldg Cooling installation 15,000 15,000.00 enhancement #2 WWTP 3510 94400 Digester condensate removal equipment 10,000 10,000.00 enhancement #2 WWTP 3510 94400 Control Bldg furnace 4,000 2,036.00 1,964.00 enhancement #2 WWTP 3510 96160 Gas Monitoring Project 15,191 475.00 14,715.75 Sep04 completion date WWTP 3520 94400 SCADA @ 5 Lift Stations 25,000 25,000.00 enhancement #4 WWTP 3520 96144 Ashford LS generator 50,000 50,000.00 enhancement #4 WWTP 3590 93505 Sewer Line Installation 100,867 490,000 53,653.18 537,213.61 enhancement #7 WWTP 3590 96151 Design WWTP plant buildout 103,692 1,600,000 12,725.50 1,690,966.95 enhancement #5 WWTP 3590 96155 Waste Thickener Project 331,905 104,509.64 227,395.01 May04 completion date WWTP 3590 96159 Centrate Basin Project 200,000 200,000.00 carryfolVlard WWTP 3590 96162 Black Cat Trunk Sewer 562,494 6,000,000 6,562,494.18 enhancement #6 WWTP 3590 96163 Black Cat lift station 0.00 included with account#96162 WWTP 3590 96164 Headworks, Blower#3, Nitrification Basin 1,650,000 (226.41 ) 1,650,226.41 enhancement #5 WWTP 3590 96165 N. Slough Sewer Trunk 1,020,000 1,020,000.00 Enterprise TOTAL Capital for FY2004 2,435,700.17 14,405,860.00 185,502.40 16,656,057.77 15 of 48 CITY OF MERIDIAN FY2004 POTENTIAL BUDGET AMENDMENTS as of 11/20/2003 ENTERPRISE FUND - approved budget changes Fund Dept Debit Credit Descrip ENTERPRISE $ - $ - $ - ITransfer To (From) Fund Balance GENERAL FUND - approved budget changes extra funds need to purchase 16.1 acres rather than 15.0 acres (funded 1 parks $ 17,400 from Impact Fees) 1 parks $ 17,400 park impact fees to fund extra $ needed to purchase land GENERAL FUND $ 17,400 $ 17,400 $ - ITransfer To (From) Fund Balance ITEMS UNDER CONSIDERATION transfer capital for Centennial Park to Parks Oept from Admin (Reta heard 1 parks $ 45,000 $45,000 for parking lot not realizing it was a park) 1 admin $ 45,000 transfer capital for Centennial Park to Parks Dept from Admin 1 police $ 2,500 vest replacements - PO must replace 4 defective vests TOTAL $ 47,500 $ 45,000 $2,500 I 16 of 48 CITY of MERIDIAN SURPLUS INVENTORY Need Council approval: The Fire Department has requested to send the following surplus items to the Local Fire Districts for the Lowman and Idaho City area. Roy Peckham would be in charge of distributing the donated property to the Fire Departments that would most benefit. Tag# Description Handheld Radio MPA Handheld Radio MPA 2810 Handheld Radio Erics PAH 2688 Handheld Radio GE PC 2574 Handheld Radio GE pes 2648 Handheld Radio PLS 2626 Handheld Radio PLC 2632 Handheld Radio PLC 2633 Handheld Radio PLC 2634 Handheld Radio PLC 2635 Handheld Radio PLC 2646 Handheld Radio PLC 2625 Handheld Radio PLS 2600 Midland TK Radio 2641 Midland TK Radio 2611 Midland TK Radio 2643 Midland TK Radio 2598 Midland TK Radio 2532 Midland TK Radio 2588 Midland TK Radio 2991 Midland TK Radio 2645 Midland TK Radio 2596 Midland TK Radio 2618 GE Base Station 2551 Defibrilator First Medic 610 2660 Debibrilator Heartstart 3000 2662 Extrication Paladin 2661 Extrication Roadrunner Extrication Hose Reel Extrication Hyd Hose 2663 Extrication Hyd Pump Extrication Multitool Manifold Extrication Boss Spreader H8D 2681 Hale Ditch Pump K12 Round Saw TOTALS SN# Acq Date 155618 1995 15636905 1995 1556148 1995 1385512 1994 1242590 1994 9597510 1993 1162134 1993 1162137 1993 11622138 1993 1385513 1993 1162135 1993 1213296 1993 959751 1993 344084 1990 339329 1990 367389 1990 314563 1990 344085 1990 249829 1990 367413 1990 243394 1990 344255 1990 243257 1990 8420800E rec'd from Civil Defense 614 1994 4,000.00 3910404189 1997 3,000.00 69233 1993 3,400.00 69157 1993 2,800.00 104208 1993 1 ,800.00 1993 700.00 1993 3,000.00 1993 500.00 1987 1,700.00 1979 purchase with 341GMC Cost Vendor 827.00 827.00 827.00 578.00 578.00 578.00 578.00 578.00 578.00 578.00 GXV120 68474 Red Wooden 67445 Homelite 27,427.00 17 of 48 01 o (1)0 Q)0J (I)........... ~.-l Q)01 ~........... ~ ~ 0 1r:I:r.i1.-i H Q) ..c: Q ::1 tn H ~ ::1 ~ Q) 0 ~ :> H Q)..c: P::8 IZa 04-101 ~ 0 g rt.w0J H ~........... o Q) .-i S........... 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L{-f)-I REQUEST Agreement for Services with Diane Kushlan for Zoning Ordinance Update: 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 Memo / Agreement 01(& yJ/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ( Page 1 of 1 Sharon Smith From: Anna Powell [powella@meridiancity.org] Monday, November 17, 2003 8:08 AM 'Sharon Smith (E-mail)' Kristy Vigil; allens@meridiancity.org; Brad Hawkins-Clark; hoodc@meridiancity.org; Wendy Kirkpatrick; Steve Siddoway; vennemaj@meridiancity.org Subject: Zoning Ordinance Update Sent: To: Cc: Sharon, I have attached a memo and work program regarding a contract to update our Zoning and Subdivision Ordinances. Would you please put me on the soonest available pre-council agenda or department report? As always, thank you for your help in getting all this "stuff' done! Anna Anna Borchers Powel~ AI CP City of Meridian Planning Director 660 E. Watertower LAne, Suite 202 Meridian, ID 83642 (208) 884-5533 phone (208) 888-6854 facsimile powella@meridiancity.o'l, e-mail 11/17/2003 MEMORANDUM TO: MAYORANDCOUNC~ FROM: ANNA BORCHERS PO\"X1ELL, AICP PLANNING DIRECTOR DATE: NOVEIvlBER 17, 2003 RE: ZONING ORDINANCE UPDATE CONTRACT FOR SERVICES As I have mentioned before, I am working with a consultant, Diane IZusWan, to update the current zoning and subdivision ordinance. Ms. IZusWan and I have developed a work program and contract that we would like to present to the Mayor and Council. I have also attached Ms. Kushlan's resume for your review. You will note that she is highly qualified to complete the work. The update will be based on a model zoning ordinance that I provided to Ms. IZushlan in digital format. This allowed us to come up with a very reasonable contract amount of $6,000 for a draft document. This money is available in the professional services budget for the Planning and Zoning Department. The zoning ordinance update will incorporate the existing standards for the City of Meridian into a cohesive and understandable format. The update will also address the following deficiencies as outlined to Council in previous work priority discussions: Administrative Lot Split Ordinance Amendment Slock Length Ordinance Amendment Home Occupations Amendment and Daycare Homes Two Lots on One Building Amendment Parking Standards Amendment Nonconforming Uses and Structures Amendment Condominium Amendment (add State provisions for condominiums) Weed Removal Ordinance Amendment Notifications Amendment (reflect new first class mailing ordinance) Annexations Procedures Amendment (include full RJW in description) Definitions Amendments (clean up and take out unnecessary) CITY OF 11ERIDlAN PLANNING AND ZONING DEPARTMENT 660 E. WATERTO\VER ROAD 11ERIDlAN, ill 83642 Integrate Comp Plan into Zoning Ordinance Neo-traditional Alternative Zoning Ordinance Off-site Sales OrdinanceIT emporary Merchant Use Ordinance Industrial Uses Amendments Landscape Ordin ance Modifications Schedule of Use Control Update and Consistency Modifications Accessory Dwelling Units Amendment Once the draft document is complete, we (the Planning and Zoning Department) will circulate the document among various client groups to solicit their input and modify standards as appropriate. We will work with the Planning and Zoning Commission to develop the specific details of the public input program. Please note that the contract before you today is only for a draft document; if we choose to have Ms. Kushlan work on the public participation and/ or final document, I will bring a separate contract to you for your review. 2 ( DIANE T. KUSHLAN, AICP RE Sill1E CAREER HIGHLIGHTS An experienced planner and manager, who has worked in a variety of public agencies. Comprehensive experience in land use, transportation and environmental planning; organizational development; project management; and public involvement. EXPERIENCE Planning and Management Services BOISE, IDAHO (current) Sole proprietor of consulting service providing assistance to local governments. Clients include the CALDWELL ECONOMIC DEVELOPMENT COUNCIL, THE UNIVERSITY OF IDAHO, VALLEY RIDE TRANSIT AGENCY, AND THE CITIES OF CALDWELL, GARDEN CITY, AND MOUNTAIN HOME. Right-of-way and Development Services Manager ADA COUNTY HIGHWAY DISTRICT (2000-02) Manager of department responsible for right-of- way acquisition and development application review. Also managed administration of the impact fee program. Report to elected five- member Highway Commission. Planner III ADA COUNTY, IDAHO (2000) Supervise current planning function including subdivision and zoning review. Report to Planning and Zoning Commission and County Board of Commissioners. Respond to public for information, guide customers through the permit process. Coordinate with other agencies on application review. Respond to complaints and guide enforcement activity. Capi tal proj ects Manager CITY OF MERCER ISLAND, WA ( 1997 - 9 9) Managed the program and design of three capi tal proj ects for the Ci ty including a fire station, community center, and transit station. Coordinated work wi th consul tants, archi tects and other public agencies. Oversaw an extensive public involvement process, including a citizen's task force. Development Services Manager CITY OF MERCER ISLAND, WA (1993-97 and 1998-99) Managed an innovative, team-oriented department of 18 employees including planners, engineers, and building inspectors responsible for planning; development review; GIS; traffic and transportation planning; and capital improvement projects in the City. Provided staff support to three ci ty commissions and city council. Major accomplishments included administering a six year capital improvement program for streets and utilities, a $5 million downtown street and sidewalk re-construction, new zoning and design guidelines, and creation of a storm drainage utility for the City. 1 ( Associate PHILLIP KUSHLAN AND ASSOCIATES (1995-99) Provided planning and management assistance on a part-time basis to this private consulting firm. Major projects included planning support for two newly incorporated cities, MAPLE VALLEY AND EAST WENATCHEE, WA. Also assisted in the recruitment and assessment processes for executive level positions for public agencies. Communi ty Planning and Development Director CITY OF CARMEL-BY-THE-SEA, CA. (1983-93) Managed the planning and building department for this world-renowned resort community. Accomplishments included adoption of a new General Plan and zoning regulations, design guidelines for single family residences, water conservation and allocation plan, an historic preservation overlay district, amendments to the design and sign code for the commercial districts, and creation of four specific plans. Provided staff support to the Planning and Design Commission. Environmental Coordinator CITY OF BELLEVUE, WA (1979-83) Responsible city official for the State Environmental Policy Act (SEPA) Directed the environmental review work of staff and consultants on private and public development projects. Also served as Assistant City Manager on an interim basis. Planner ORANGE COUNTY, CA (1973-79) Worked in the community and environmental planning di visions on a variety of proj ects wi th progressively greater responsibilities. Led a team of engineers and planners responsible for compliance of all capi tal proj ects with state and federal environmental laws. Projects included an airport expansion, arterial highway improvements, landfill site development and park plans. DEGREES AND OTHER EDUCATION Master of City Planning (1973) Bachelor of Arts in Recreation Administration (1970) SAN DIEGO STATE UNIVERSITY, San Diego, CA AWARDS, PROFESSIONAL ACCOMPLISHMENTS, AND ASSOCIATIONS Panelist, "Idaho Impact Fees", ASSOCIATION OF IDAHO CITIES, Nampa, 10 2002. Mobile Tour Coordinator, "Mercer Island Transportation Systems", AMERICAN PLANNING ASSOCIATION National Conference, Seattle, WA 1999. Panelist, "Sweet ISTEA?" AMERICAN PLANNING ASSOCIATION Na tional Conference, San Diego, CA, 1997. Award of Merit, Downtown Mercer Island Streetscape, PUGET SOUND REGIONAL COUNCIL, 1997. Panelist, "Downtown Streetscape", Rural and Small Town Conference, 2 ASSOCIATION OF IDAHO CITIES, Sun Valley, 10 1997. Panelist, ~Public Investment", Redevelopment for Livable Cities Conference, PUGET SOUND REGIONAL COUNCIL, Tacoma, WA, 1997 Panelist, ~Customer Service", CASCADE INSTITUTE, University of Washington, Seattle, WA, 1995, 1996, 1997, 1998. Instructor, "Environmental Planning", VAH VALLEY COUNCIL OF GOVERNMENTS, Trencin, Slovakia, 1995. American Institute of Certified Planners/American Planning Association Trust for Historic Preservation Ada County Historic Preservation Council Boise City Visual Arts Committee Boise Metro Chamber of Commerce RELEVANT PROJECTS - DEVELOP:MENT REGULATIONS IMPACT FEE ORDINANCE Ada County Highway District, 10 (2002) Prepared a revised Impact Fee Ordinance. INTERIM TREE ORDINANCE City of Mercer Island, WA (1999) Drafted an interim ordinance synthesizing various City requirements for tree cutting and protection during site construction. PLANNED BUSINESS ZONE Ci ty business zone to neighborhood. of Mercer accommodate Island (1997) additional Amended a development planned in a SHORELINE DEVELOPMENT REGULATIONS Ci ty of Mercer Island (1996) Amended the City's shoreline regulations. The project started as routine update, evolved into a contentious issue over property rights and ended satisfactorily for both the communi ty and the shoreline property owners. WIRELESS COMMUNICATION ORDINANCE Ci ty of Mercer Island (1996) Directed the drafting of an ordinance that allowed for new technology related to wireless communication. The ordinance changed from evaluating each site through a conditional use permit process to a prescriptive identification of where new sites could be located. ADMISTRATIVE PROCEDURES City Of Mercer Island (1996) Drafted new consolidated administrative procedures for development permits including application requirements, standards for review, noticing requirements and appeal processes. TOWN CENTER DEVELOPMENT AND DESIGN REQUIREMENTS Ci ty of Mercer Island (1995) Project manager for the development of new zoning, development, and design 3 l'- requirements for the City's downtown. Worked with a committee of representatives from the Planning and Design Commissions. ACCESSORY DWELLING UNIT ORDINANCE Ci ty of Mercer Island (1995) Directed the drafting of a new ordinance that allowed for accessory dwelling uni ts in the single family zoning districts. The ordinance has successfully allowed over 100 new units, which serve as affordable housing in this affluent community. COMMERCIAL USE OF PUBLIC PROPERTY City of Mercer Island (1995) Developed provisions for the use of public property by restaurants, streets vendors and commercial interests. Reasonable controls were adopted so that commercial uses would be encouraged and enliven the downtown public spaces. TEMPORARY SIGN CODE PROPOSAL Ci ty of Mercer Island, WA (1993) Worked wi th diverse stakeholders in the control of temporary signs including political, community event, and garage sales. A drafted proposal was never implemented because of a court decision that restricted the control of content based signs. SIGN CODE AMENDMENT City of Carmel-by-the Sea, CA (1991) Carmel was one of the first communities in the country to adopt a sign code (1929). This amendment allowed for administrative approval of some signs and changed the dimensional standards for commercial signs. Worked with the Planning Commission and the business community in crafting new regulations. VILLAGE PRESERVATION OVERLAY DISTRICT City of Carmel-by-the Sea (1990) Worked with the City's Planning Commission and the local historic preservation organization in developing an overlay district for historic and architecturally significant structures. The district regulations allow for exceptions from the City's design and zoning requirements for properties designated as significant. SINGLE FAMILY DISTRICT DESIGN AND DEVELOPMENT REGULATIONS Ci ty of Carmel-by-the Sea (1988) Carmel is one of the few communities to regulate the design of single family residences. Working with the Planning Commission, authored the first set of design guidelines adopted by the City. The guidelines, wi th the Ci ty' s zoning regulations control the location, size, and design of single family residences. SUBORDINATE UNIT REGULATIONS Ci ty of Carmel-by-the Sea (1988) Developed regulations for second units in single family residences. The regulations resolved a long-term issue within the community that had not recognized the existence of second units, but also had not taken any actions toward removing them. SATELLITE DISH AND ANTENNA REGULATIONS Ci ty of Carmel-by-the Sea (1987) Worked 4 with amateur radio operators in developing regulations that would control the height and scale of antenna and satellite dishes. EXTERIOR LIGHTING STANDARDS Ci ty of Carmel-by-the Sea r CA (1985) Developed standards for exterior lighting that balanced the property owner's needs for security with the community wide values prohibit streetlights and cherish the dark. MULTIFAMILY DISTRICT REGULATIONS Ci ty of Carmel-by-the Sea multi-family zoning requirements implementing adopted General Plan. (1985) Drafted new the City's newly LOT MERGER PROVISIONS Ci ty of Carmel-by-the Sea (1985) Adopted standards for building sites and a process for merging substandard lots. COMMERCIAL DISTRICT REZONE AND DEVELOPMENT REGULATIONS Ci ty of Carmel-by-the Sea (1984) Created new zoning districts and requirements to implement the City's newly adopted General Plan. 5 PROFESSIONAL SERVICES AGREEMENT FOR ON - CALL PLANNING SERVICES TITLE: On..Call Planning Services PROFESSIONAL SERVICES AGREEMENT This agreement is entered into on the date listed below between the City of Meridian, Idaho hereinafter referred to as "CITY", whose address is 660 E. Watertower, Meridian, ID 83642;whose telephone number is (208) 884..5533 and whose fax number is (208) 888..6854, and Diane Kushlan, Planning and Management Services, hereinafter referred to as "CONSULTANT", whose office is Post Office Box 8463, Boise, ID 83707, whose business phone number is (208) 433..9352 and whose fax number is (208) 433..8429. Section 1. CONSULTANT Services The Scope of Work is Zoning and Subdivision Ordinance Amendments as outlined in Exhibit "A". Section 2. Schedule CONSULTANT shall perform services from November 13, 2003 on an "as needed basis" and shall continue to a time acceptable to the CITY. However, the performance of any Services shall not continue past February 28, 2004 unless an extension of time is approved by the City of Meridian Planning Director. Section 3. Compensation. For its Services, the CITY agrees to pay CONSULTANT $65lhour not to exceed $6,000 for all services. Out of pocket expenses shall not be reimbursed unless authorized in advance by the City of Meridian Planning Director. Section 4. Method of Payment; Periodic Payments. A. CONSULTANT shall invoice the CITY no more than once per month. If work is authorized past February 28, 2004, such work performed up to September 30, 2004 shall be invoiced to the CITY by October 1, 2004. All invoices shall detail the services performed and shall include the date, timekeeper, rate, time spent (measured in tenths of an hour) and a detailed description of the services. B. All invoices shall be paid by mailing a CITY warrant within sixty (60) days of receipt of a proper invoice. KUSH LAN AGREEMENT C. CONSULTANT shall keep time and expense records, other cost records and accounts pertaining to this agreement, available for inspection by CITY representatives for three (3) years after final payment. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the agreement, CONSULTANT will correct or modify the work to comply with the agreement. The CITY may withhold payment for such work until the work meets the requirements of the agreement. Section 5. Discrimination and Compliance with Laws A. In performing the Services required herein, CONSULTANT agrees not to discriminate against any person in the performance of this agreement because of race, color, religion, sex, national origin, age or non-job related handicap, or because of prior military service or current military status, and shall comply with all applicable federal anq. state laws and regulations of governmental agencies relating to civil and human rights. B. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this contract. C. Violation of this section 5. shall be a material breach of this agreement and grounds for cancellation, termination, or suspension of the agreement by the CITY, in whole or in part, and may result in ineligibility for further work for the CITY. Section 6. Term and Termination of Agreement A. This agreement shall be effective upon signing and shall remaIn In effect until terminated in accordance with paragraph B. of this section. B. This agreement may be terminated by either party without cause upon thirty (30) days written notice, in which event all finished or unfinished documents, reports, or other material or work of CONSULTANT pursuant to this agreement shall be submitted to the CITY, and CONSULTANT shall be entitled to just and equitable compensation at the rate set forth in Section 3. for any satisfactory work completed prior to the date of termination. Section 7. Format and Ownership of Work Product All data, materials, reports, memoranda, and other documents developed under this agreement whether finished or not shall become the property of the CITY, shall be forwarded to the CITY at its request and may be used by the CITY as it sees fit. The documents to be provided pursuant to this agreement will be electronically submitted in Microsoft Word format. Formatting of code revisions shall follow the existing format to facilitate incorporation of the revised sections into existing City Code. Section 8. General Administration and Management KUSHLAN AGREEMENT 2 .r ( The Planning Director of the CITY, or her designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications and review and approve all invoices, under this agreement. Section 9. Hold Harmless A. CONSULTANT shall protect, defend, indemnify and save harmless the CITY, its officers, employees and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of CONSULTANT, its officers, employees and agents in performing this agreement. B. CITY shall protect, defend, indemnify and save harmless CONSULTANT, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the CITY, its officers, employees and agents in performing this agreement. Section 10. Independent Consultant In all matters pertaining to this Agreement, CONSULTANT shall be acting as an independent CONSULTANT, and will not be deemed an employee or agent of the CITY. Section 11. Subletting or Assigning Contract Neither the CITY nor CONSULTANT shall assign, transfer, or encumber any rights, duties, or interests accruing from this agreement without the express prior consent of the other. Section 12. Extent of AgreementlModification This agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements either written or oraL This agreement may be amended; modified; or added to only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of , 2003. CONSULTANT CITY OF By: By: KUSHLAN AGREEMENT 3 November 17. 2oo~Novcmbcr 14, 2003 I CfJ. ~ ~ Q.) S r-c ~ ~ Q.) C) ~ oj ~ .~ r-c ~ o ~ 8 :::: ~..-I ~0Cf1 ~ t>- .~ ~ ~ > ~ ..-1 ..-1 ~ r-c ,.00,.0 ..-1 ~ ~ ~UJ ~8r-c r:.n ~ oj b.() ~ · .-I ~ o N ~ oj · f"""'4 r-c · r-( ~ Q.) ~ ~ o ~ ~ · r-( o Q)~ ~ C\l =,....., "'01 Q)o ..s=C\l \J.......... oo.~ rJJ. ll-I =~ 0""'" == 00 ,....., .......... C\l ,....., I LQ .......... C\l ,....., 00 ,....., .......... C\l r-l I to .......... ~ r-l ~ C\I .......... 1"'"""'1 I to ,....., .......... r-l LQ .......... C\J I o 00 r-l C\J r-l .......... 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I.-J ~ __ ~~~~~8-S I.-J ro ro o~ 00 <G Oot ~ 0 r:n.f"'"'I .f"'"'I = .~ \.0 ~ ~ ~ a:> Q) ~ r./1 ~~ ~ Q.) ro.S 0 "'C,..cl~Q) o (.) ~ S U ""''''0 ~ C'1 Q) 0 ~~I""""l Q) ~ Q) I""""l ~ > ~ \0\,,1 a:> ~~~ gf · f"'"'I 51 ~ o c.oo r-l OJ T"""i ~ Cl) roO S ~ o Z 00 ~ = o = ....-I ca ~ o ~ UJ. b.() ~ . ,....( ~ Q) Q) ~ ~ I""""l ~ C]) C]) ~ ( November 21, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department Department Reports November 25, 2003 ITEM NO. 1./-13-1 REQUEST Selection of Consultant Rosters for FY 2004 Water Projects: 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 Memo ~ UJrr Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo E ,-....""-,.,Ii ""E.. ~~ Tl:&,T"\ R J A <_; .' ,~; 1 V 12& _~~~ t\!OV 2 1 2003 To: Mayor Corrie & City Coun~/ J From: Brad Watson, P.E. //0 cc: File, Gary Smith, PE, City Clerk Date: 11/20/03 (jitv Of MericliaI1 City C.lerlc Office Re: November 25 City Council Meeting - Consultant Roster Selection for FY '04 Water Projects We are asking for City Council's approval of three consultant rosters for FY '04 capital water projects. As you are aware, Idaho Code 67 -2320 requires public agencies to go through a qualification based selection (QBS) process for all professional service contracts involving professional engineering, architectural (including landscape) services, construction management and land surveying when the expected contract amount is greater than $25,000. Although we agree that this is a good process, it is extremely time-consuming for both staff and the consultants preparing proposals. Similar to Boise City, we issued a single Request For Proposals in August, 2003 for all FY '04 projects in order to establish a roster of consultants, based on qualifications, from which we could select to do various projects. Being able to enter into contract negotiations without issuing RFP's for each and every project will greatly streamline our capital program, decrease the consultant's communities inconvenience and allow us to continue to stay ahead of growth. Seven local engineering firms, ranging from quite small to nation-wide companies with an office in Boise, submitted proposals. We are recommending the approval of the three consultant rosters shown on the following page. We will, of course, bring individual contracts before City Council for approval as they are developed before proceeding with any project. A copy of the RFP is also attached for your reference. Recommended Council Action: Approve the consultant roster proposed by the Public Works Department for FY '04 water projects. Thank you for your consideration. . Page 1 ( FY '04 MISCEllANEOUS WATER PROJECTS Consultant Roster Selection Date: 11/20/2003 Proposals Submitted: 9/17/2003 Note: names in alphabetical order, not ranking Major Pipeline Projects Civil Survey Consultants JUS Engineers Keller Associates Riedesel & Associates Small Water Pipeline and Appurtenance Projects Civil SUlVey Consultants JUS Engineers Keller Associates Riedesel & Associates Pumping Facilities CH2M-Hill Civil Survey Consultants HDR JUS Engineers Keller Associates ENGINEERING SERVICES FOR MISCELLANEOUS WATER PROJECTS Request For Proposals for Professional Engineering Services August 20, 2003 Proposals to be submitted to: Len Grady Public Works Department 660 E. Watertower, Suite 200 Proposals Due: September 17, 2003 5:00 PM CITY OF MERIDIAN, IDAHO REQUEST FOR PROPOSALS for ENGINEERING SERVICES FOR MISCELLANEOUS WATER PROJECTS The City of Meridian, Idaho will accept proposals from qualified consulting engineers for the Engineering Services for Miscellaneous Water Projects at the office of the Public Works Director, 660 E. Watertower, Suite 200, Meridian, Idaho 83642, until 5:00 PM, prevailing local time, September 17, 2003. The Engineering Services for Miscellaneous Water Projects will consist of design, surveying and other field investigation, coordination with other utilities, and right of way or easement acquisition for approximately 10 construction projects totaling approximately three million dollars. Preparation of bidding plans and specifications and bidding assistance will also be required. The City intends to create a roster of qualified consultants for Fiscal Year 2004 Projects. Five original copies of the proposal shall be submitted. Proposals shall not exceed a total of 15 one-sided pages excluding standard corporate brochures and personnel resumes. A listing of the consultant's hourly rates for all personnel involved in the project shall be submitted in a separate sealed envelope with the cover marked with the consultant's name and "Hourly Rate Information for Engineering Services for Miscellaneous Water Projects". The hourly rate information will be opened after the proposals are evaluated. At a minimum, each proposal must include the following information: 1. Identification of proposed project manager (must be a Civil Engineer licensed in the State of Idaho ). 2. List of projects of similar type and magnitude. Include Owner's phone number and name of contact person. 3. List of sub-consultants to be used on project. 4. Resumes of key personnel who will be involved in the project. 5. Proposed work schedule if awarded the contract. A list of the selection criteria and procedures may be obtained by contacting the Public Works Department, City of Meridian at the address given above or by telephone at (208) 898-5500. A map showing the locations of the proposed work areas may also be obtained at this location. Questions regarding this project shall be directed to Len Grady at (208) 898-5500 or (208) 898- 9551 (fax). The City reserves the right to reject any or all proposals and to award the contract for the project to the consultant who, in the sole judgment of the City, best meets the criteria listed above. DATED this 20 day of AUQust, 2003. AUQust 26. 2003 & September 2. 2003 Publishing Dates Gary D. Smith, P.E. Public Works Director Enaineerina Services for Miscellaneous Water Proiects I - Consultant Selection Criteria 1 Pertinent experience of Consultant with similar projects (30%) Pertinent experience includes conducting field investigations, surveying, easement acquisition, public agency bidding process, coordination with other utilities and agencies, construction project management and familiarity with similar projects. 2 Project approach (30%) 3 Experience of Project Manager and Project Engineer(s) (15%) 4 Number, location and availability of qualified personnel (10%) 5 Familiarity with Public Works projects (10%) 6 Location of consultant's office (5%) The proposals will be evaluated and ranked by the City of Meridian Public Works Department. Because there are multiple types of projects requiring a variety of experience, more than one consultant may be selected. A short list of consultants will be prepared and recommended to the City Council for selection in future contracts. II - Proposal Content To assist in the evaluation of the proposals, the proposals should follow the format and headings listed below. Emphasis should be given to specific qualifications of persons who will actually perform the work including sub-consultants. 1 Letter of Introduction. Introduction of firm, its location and contact person who would be responsible for the project. 2 Basic Qualifications. General background and experience of consultant(s). 3 Key Personnel. List the team members with experience expected to perform the work. The roles, responsibilities and qualifications of sub-consultants should be complete. 4 Examples of Similar Work. A list of similar projects listing the Owner, the Owner's contact person, address and phone number should be included. 5 Project Approach. This section should include overall approach to this specific project, understanding of scope, alternative concepts and methods for consideration. 6 Project Timing. Proposed schedule with milestones and estimated timelines once a contract is awarded. 7 Other. Information the consultant wishes to include that is not listed above. III - Evaluation A selection team consisting of Public Works staff will rank the proposals. The selection team will make a recommendation to the City Council as to which consultants will be on the roster. Once the roster is approved, the City will select from the roster for major water projects as described below. Upon successful contract negotiations, the contract will be placed on the City Council Agenda for approval. If approved, a notice to proceed will be issued to the consultant. The roster and Contracts may be extended annually for two additional years. The City will review the recommendations to make a final decision and negotiate a contract. The City reserves the right to investigate and confirm the consultant's financial capabilities. Unfavorable responses to these investigations, or refusal to provide information to adequately determine financial capabilities, will be grounds for rejection of the proposal. IV - Proposed Schedule. The following schedule is preliminary. 1 Receive proposals 2 Interviews if required 3 Selection of roster 4 Council approval of roster September 17, 2003 Week of September 22, 2003 September 29, 2003 October 7, 2003 Upon selection of consultant for a project, the City will issue a letter of intent to award a contract. However, final award is contingent upon the successful negotiation of the contract and approval by City Council. The City reserves the right to reject any or all proposals received as a result of this Request for Proposals. Funds for design and construction of this project are in the proposed Fiscal Year 2004 budget (beginning October 1, 2003) that the Public Works Department has presented to City Council. Award of this contract is contingent upon funds for the project being included in the final FY 2004 budget approved by City Council. v - General Project Description 1 Pumping Facilities a Wel122B is scheduled to be drilled and the required infrastructure installed. Because of the close proximity of Well 22, this well may not require a building. b The final location of Wells 26 & 27 has not be made. Design of these facilities may continue into the following budget year. ( 2 Waterline Extension a Eagle Road has two sections south of Us tick which require 12" water main. b Meridian Road 16" water main north. c Ten Mile and Franklin Road 3 Pressure Reducing Valve (PRV) a Well 10 PR V will be installed as shown. b Well 16 PRV will be installed as shown and Well 16 PSV will be removed. 4 Highway Crossing/Boring a The Linder road waterline (12") will continue under 1-84 connecting two zones. 5 Other Projects a Approximately $100,000 is budgeted for water main replacement in the Urban Renewal area. b Approximately $200,000 is budgeted for other small projects as required. The consultant will be required, in coordination with the City, to obtain easements through private, undeveloped and developed property. The consultant will also coordinate with other utilities and agencies including, but not limited to, Ada County Highway District, Intermountain Gas Company, Idaho Power Company, Nampa & Meridian Irrigation District, Settlers Irrigation District, Qwest, Ada County and others. The consultant will also be responsible for coordination with private developers and their engineering consultants and planners to establish exact waterline routing. The project list may change as needs change. The City reserves the right to solicit new proposals as needs change. A map showing the preliminary location of the various projects is shown in Figure 1. ( ( RECEIVED DEe 0 4, 2003 l~ity or Ivl ericli an. City Clerk Office Dece11lber 3, 2003 Willian1 G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: BEAR CREEK, LLC / BEAR CREEK SUBDIVISION NO.7 / FINAL PLAT - (FP-03-062) Dear Will: Regardillg the above referellced ll1atter, please fi11d enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and YOllrself. Please serve a copy of the ORDER llpOll tIle Applicallt, with a Certificate of Service in the file and a copy to Plalming alld ZOllillg al1d Public Works, and the attoll1ey's office. If YOll11ave allY qllestiollS, please give ll1e a call. Very tnlly YOllrs, Will. F. Nicll01s Z:\ \Vork\rvl\Meridian\Meridian I 5360rvl\Bear Creek Sub. No.7 FP-03-062\Clcrk FP Ltr 12 03 03.doc ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC FOR APPROVAL OF 40 BUILDING LOTS AND 7 OTHER LOTS ON 13.85 ACRES IN AN R-4 ZONE FOR BEAR CREEK NO.7, LOCATED WEST OF SOTUH IVIERIDIAN ROAD AND SOUTH OF WEST OVERLAND ROAD, MERIDIAN, IDAHO C/C 11/25/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-062 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT TIlis 11latter cOlnillg before tIle City Council for Fillal Plat approval pursuant to Meridian City Code S 12-3-7 on Novelnber 25,2003, and tIle Council finding that tIle Adlllinistrative Review is COlllpIete froIn SOIlya AIleIl, Plallller for tIle Plalulillg 31ld ZoniIlg Departlllent, and Bruce Freckletol1, Ellgil1eerillg Teclulician III, dated: Hearillg Date: Novenlber 25, 2003, to tIle Mayor and Council, al1d tIlat AlUla Powell Plallllillg Director for tIle Plamling and Zoning Departll1ent, alld Matt SCllll1tz, COlnnlented at tile Ilearing, alld tIle COlulciI having considered the requirenlents of the prelinlinary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. TIle Final Plat of "PLAT OF BEAR CREEK SUBDIVISION NO.7, A PARCEL OF GROUND LOCATED IN THE SE ~ OF SECTION 24, T3N., Rl W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2003, SHEET: 1 OF 2,30604 MEM 9/30/03, HANDWRITTEN ORDER OF CONDITIONAL AFPROY AL OF FINAL PLAT / (FP-03-062) Page 1 of 5 DATE: 10/17/03, STAMPED DATE: OCT 20 2003, BEAR CREEK, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", BEAR CREEK, LLC, Developer, is COllditionally Approved subject to those conditions of Staff COnll1lents as set forth in tIle Mellloralldunl to the Mayor alld City COUllCil froll1 Bruce Freckletoll, Ellgineering Teclmician III, and S011ya Allen Planner for the Plal1l1ing and ZOlling Departnlellt, dated: Hearillg Date: November 25,2003, listillg 23 SITE SPECIFIC COMMENTS and 6 GENERAL REQUIREMENTS, a true and correct copy ofwhicll is attacl1ed hereto Inarl<ed Exllibit "A", and consisting of five pages, alld by this refere11ce illcorporated l1ereill, a11d tIle additional requirenlents froIll the actioIl of the COlIllCil takell at tlleir November 25, 2003 llleetillg as follows, to-wit: 1.1 C0111ply with the COIlditions of tile Meridian Fire Depart111ent as follows: 1. That a fire tlo'vv of 1,000 gallons per 11linute be available to service tIle entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operatiollal fire 11ydrallts aIld tenlporary or pernlanel1t street signs are required before cOlllbustible COl1strllctioll begins. 3. Acceptance of water supply for fire protectioll is contingent upon acceptallce of the water systenl by the City of Meridian for water quality. 4. All radii shall be 28' illside alld 48' olltside radius. 5. Parking will be restricted to OIle side of tIle street 011 all portioIls of the roadway with a 29' wide street section. 1.2 C011lply with the conditiollS of the N all1pa & Meridial1 lITigation District as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-062) Page 2 of 5 ( 1. TIle District reqllires a Land Use Cllange Application to be filed for review prior to fil1al plattillg. Alllaterals alld waste ways lnust be protected. Allllll111icipal surface draillage III lISt be retained on site. If any Sllrface drainage leaves tIle site, tIle District lnllst review draillage plans. The developer lnllst comply witll Idaho Code 31-3805. 1.3 Comply witIl the conditions of tIle Central District Health Departmellt as follows: The Central District Health Departnlel1t requires after written approval [ronl the appropriate enti ti es are subnli tted, they can approve this proposal for central sevvage a11d central water; that plans 111ust be subnlitted to and approved by the Idaho Departnlent of HealtIl al1d Welfare, Division of EnvirolUllental Quality for central sewage and central water; tl1at lLlll-off is 110t to create a mosquito breeding problenl; and it is sllggested tl1at sto1111water be pretreated thrOUgll a grassy swale prior to discllarge to the Sllbsllrface to prevel1t ilnpact to grollndwater alld surface water qllality; that engineers and architects sllould obtaill CU11.ent best lnanagemellt practices for stonnwater disposal and design a stomlwater mallagel11ellt systell1 t11at is prevelltillg groundwater and sllrface water degradation. Mallllals for guidance: 1. State of Idallo Catalog Of Stonnwater Best Managemellt Practices For Idallo Cities And COllllties. Prepared by tIle Idallo Divisioll Of Ellvironmel1tal Quality, Jllly 1997. 2. Sto1111water Best Management Practices Gllidebook. Prepared by City of Boise Public Warks Depalin1ent, May 2000. 2. TIle fillal plat upon wllicll there is cOlltailled the Certification and signature of the City Clerk and tIle City Ellgilleer verifying that the plat 111eets tile City's reguirel1lents shall be sigIled only at SllCll tilne as: 1. TIle Plat dil11ellsions are approved by tIle City Ellgilleer; and 2. The City Ellgineer has verified tllat all off-site ill1provell1ellts are cOlnpleted and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-062) Page 3 of 5 ( guaranteeillg tIle cOl1lpIetioll of off-site alld required OIl-site i 111 P [0 v ell1 e n t s . NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is Ilereby notified that pllrsuant to Idaho Code 67-8003, tIle OWller ll1ay request a reglllatory taking allalysis. Such reqllest lnllst be in writillg, alld lnllst be filed with tIle City Clerk not lnore tl1a11 twe11ty-eigIlt (28) days after tIle final decision concenlillg the l1latter at issue. A reqllest for a regulatory takillgs analysis will toll tIle till1e period witllill whicll a Petition for Judicial Review 1TIay be filed. Please take notice tIlat this is a fi11aI acti01l of tIle governing body of tIle City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which 111ay be adversely affected by this decisioll 111ay, within tvventy- eigllt (28) days after the date of this decisio11 and order, seel( a jlldicial review as provided by Chapter 52, Title 67, Idaho Code. By action of tIle City COU11Cil at its reglllar l11eeting 11eld 011 the 25~ day of /Voveh1, ~ , 2003. By: \\\t\\lltrllllll \\\ /'1 ..\\.\__. Of MErr/^ 1/1// ,:-".~' <..14 /~ 4 City of Meridian ,~0' o~oft.1 ~.,.; , :I ~G 00 7<<t:J'W() de W~ _ ~ SEAL fJ~("fiPl.elVrl C'I) CD"~e.v0 'Y ~- ~ 0)0- --;'..-.r1 Q/ ~ ~ o....~ .~'._ ~ vSr 15\ · ~ ~ - -' '4 ~b,;. " . "~/ ~ ('\ \\),. "',.... '.' """J. f\t~V \ " . .is / I ,". ~ t, ~ ;\ '; j ..; . \ \ \ \ ORDER OF CONDITIONAL APPROV ALJ'6F:FINA.f \PLA T / (FP-03-062) Page 4 of 5 Attest: .r ( { ByJ;~~~ Copy served upon Applicant, the Planning and Zoning Departlnent, Pllblic Works Departme11t, . \\\\\1111'1111,/ and Clty Attorney. \"'\Oc f\4EDi III/II " ...!.~ t ,lDI. // ,v~, ~A~ //,;" ~~' 0- o~ORA~ "y % ~ ~() ~o ~ ~ ~ ~ Dated: /2 - / 2 - 0 3 ~ ~ - - z:\ V/ork\ivl\ivleridian\ivlericlian I 5360M\Bear Creek Sub, No.7 FP-03-062\OrderFP ,doc ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT / (FP-03-062) Page 5 of 5 i'd, \ \'() R "- HUB OF TREASURE VALLEY A Good Place to Live LEC~j\L DEPARTl'vIEN'T' (208) 466-9272- Fax 466-4405 Roberr 1). Currie CITY OF MERIDIAN [(eirh Bird Tarnm\' Jc\X'ccrJ Cherie i\fcCanJless \'(--'i II ia 111 ~ a ry 33 EAST IDAHO IvfERIDI1\N, IDAI-IO 83642 (208) 888-4433 . FAX (208) 887-48'1.3 City Clerk ()fficc I,'ax (208) 888-42-18 PUBLIC \X/(JHJ(S B U I LI) IN C; D EP;\ n: 1 '0..[1 ':N'l' (208) 887-2211 ' Fax 887-1297 CI'I'Y CCH_!i'\Cll. .\rl':.\rBI':R~ PLANNING i\Nl) L.C)NJN(~ 1) I,: p;\lr l'i\J1 ':N'!' (208) 88-+-5533 . I:. \ X 888~6R5-+ STAFF REPORT: Heari11g Date: Noven1ber 25, 2003 To: Mayor & City COllncil ~Il Sonya Allen, Assistant City Planner d ~ Bruce Freckleton, Engineering Tech. III ~ FrOln: Re: Bear Creek Subdivision No.7 Request for Fi11al Plat Approval of Forty (40) Si11gle- Falnily Residelltial Bllildillg Lots and Seven (7) C0l11nl0n Lots on 13.85 Acres ill all R-4 ZOlle for Bear Creel( Sllbdivision No.7, by Bear Creek, LLC (File No. FP-03-062). We have reviewed this submittal and offer the follo"ving comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of tile Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Bear Creek, LLC, l1as reqllested final plat approval of the seve11tl1 pl1ase of Bear Creel( Sllbdivision. This p11ase incllldes 40 sil1gle-fanlily reside11tial bllildillg lots and 7 COll11110n lots. The gross density is approxilnately 1.09 dwelling llnits/acre, witIl a net density of 1.72 dvvelling units/acre. The site is approximately 13.85 acres a11d is cllrrel1tly zOlled R-4. All lots witllill tl1e sllbdivision 111eet the 111ini111l1111 lot reqllirenlents of tIle R-4 ZOlle. TIle l11i11illlUll1 110use size witllill tIle subdivision is 1 ,400 square feet, not illCludillg tI1e garage area. TIle Inillillllun lot area wit11in tIle R-4 ZOlle is 8,000 s. f. per d wellillg unit. The prelinlinary plat for this Sllbdivisio11 was approved as Pllase No.8. The applicallt is now changing Phase No.8 to Phase NO.7. The approved preli111inary plat for Pllase No.7 will be final platted as Phase NO.8. The applicant states that this change is dlle to 111arketing issues. The sllbn1itted final plat substantially con1plies vvith the approved Prelin1inary Plat. Staff reconlll1ellds approval of tIle fillal plat for Bear Creek Subdivision No.7 vvith the C0111111ents and condi ti011S stated ill tllis report. EXHIBIT 'A' PAGE 1 OF 5 (~ l, ( Mayor and Council Hearing Date: November 25,2003 Page 2 LOCATION TIle proposed Bear Creek Subdivision No.7 is located approximately ~ nlile west of S. Meridian Road and % lnile 110rtll of W. Victory Road in the SE ~ of Section 24, T.3N., R.l W. SURROUNDING PROPERTIES North: Existing phases of Bear Creek Subdivision, zoned R-4. South: Existillg phases of Bear Creek Subdivisioll, zoned R-4. East: Recelltly approved cllurcll site, zOlled R-8; rural-residential/agricultural property, zoned RUT (Ada County). West: Existillg pllases of Bear Creek Sllbdivisiol1, zOlled R-4. SITE SPECIFIC COMMENTS 1. Applicant is to llleet all terms of the approved Prelimil1ary Plat (PP-03-021) and Developnlent Agreelllellt. 2. The pressllrized in4igatioll systelll withill this developluent is to be an extensioll of tIle syste1TI that is OWl1ed alld operated by the Nampa Meridiall IITigatioll District. The City of Meridian requires tllat pressurized irrigation systems be supplied by a year-rollnd source of water. If a creek or well source is 110t available, a single-point cOllllectioll to the municipal water system shall be required. If a sillg1e-poillt COl1l1ection is lltilized, tIle developer sllall be responsible for the paynlent of asseSSll1ents for tIle COllllll0ll areas prior to signature 011 tIle fiilal plat by the Meridian City Engilleer. 3. C0111pactiol1 test results must be subnlitted to the Meridian Bllildillg Departl11ent for all buildillg pads withill lots receivillg engineered backfill. 4. Any draillage areas (detentiorllretelltion basills) luust be desigl1ed to ellsure tl1at water will percolate or discllarge witllill a period of ti111e not to exceed 24 hours for all stOlll1S up to and including a lOO-year storm event. 5. Street SigI1S are to be in place, water systelll shall be approved a11d activated, pressurized i11-igation system approved and activated, draillage lots constructed, perilneter fellcillg installed, and road base approved by the Ada COUllty Highway District prior to a pplying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencillg, pathways, landscaping, pressurized ilTigation, sanitary sewer, water, etc., prior to signature 011 tIle final plat. EXHIBIT 'A' PAGE 2 OF 5 ( ( Mayor al1d COlll1cil Hearing Date: Noven1ber 25, 2003 Page 3 6. All landscaping shall be il1stalled as depicted on the lal1dscape plan subnlitted as part of the Final Plat application (Sheets L-C & L-l, dated 9/30/03 by The Land Group). All landscaping sl1a11 be illstalled prior to tIle issuallce of any Certificates of Occupa11cy. 7. The lalldscape/fencillg pIall s11all be revised to illclude fellcing 011 tIle lots adjacent to Lots 13 & 23, Block 23; Lots 25 & 34, Block 12; alld Lot 11, Block 14. A revised fencillg plan nlLlst be submitted prior to signatllre on the final plat. All required fellcing shall be illstalled prior to issuance of allY bllilding perlllits. All fel1cing shall be reduced to three feet ill1leigllt witllill twellty feet of the rigllt-of-way. 8. Sanitary sewer service to tllis site will be via a tell1porary lift statioll pUll1pillg to an existing gravity sewer maill located in Overland Road. Applicant will be responsible to construct lateral sewer 11laills to and thXOllgll tllis proposed developll1ent. Sllbdivision designer to coordillate maill sizing and routillg with tIle Pllblic Works Department. Applicant shall execllte City of Meridiall stalldard fonns of easelnellts, for any mains tl1at are reqllired to provide service. Black Cat trunk developnlent fee of $1,500.00 per dwelling llllit s11a1l be assessed against this developnlent. Paynlent of the trunk developnlent fee is required prior to ,sigllature 011 the final plat nlap by the City Engineer. 9. Water service to this site 'vvill be via extensions of existing 111ains installed in adjacent developl11el1ts. Applicant will be respollsible to construct the water nlains to and tllrough this proposed d evelopnlellt. Sllbdivisioll d esigI1er to coordinate 111 aill s izillg and r outil1g \\1 ith the Pllblic Works Department. Applicant s11al1 execllte City of Meridian stalldard [or111s of easelnents, for allY mains t11at are required to provide service. 10. Applicant's engineer will be reqllired to submit a signed, stamped statelllent celiifying that all street finisll centerline elevations are set a 11lillilnllffi of tllree-feet above the highest established n011nal grollndwater elevatioll. 11. Sidewalks are to provide a clear five-foot-wide walkway pathway witll0l1t el1croachlnellt of Inailbox structllres per MCC 12-5-2.K. 12. Complete tIle Certificate of Owners and its accompanying AcknowledgIuent prior to signature on the final plat. 13. Delete the sq uare footage notations across Lots 30-31, Block 9. 14. Graphically depict 5- foot wide public utilities, drainage al1d i11~igation easenlent across the west side ofLat 31, Block 9, and the SOlltl1 side of Lots 28, Block 15, alld Lot 7, Block 14, as these lot lines will be side lot lines adj acel1t to otller phases of this developnlent. EXHIBIT 'A' PAGE 3 OF 5 ( Mayor a11d COlIllCil Hearing Date: November 25,2003 Page 4 15. Challge tIle year of tIle plat, sheets one and two, to "2004," as tllis plat won't be recordi11g tllis year. 16. TIle overall distance sllown across the south boundary of Lots 25-27, Block 12 alld the light-of- way W. Grizzly Drive, doesn't equal the SLIm of tIle individllal distances shown for eacll lot, and right-of-way. Please lllake tIle corrections necessary. 17. The distances shown on Lots 8-9, Block 23, don't equal tIle distallces ShOWll on Lots 16-17, Block 23. 18. Provide a blow-up detail oftlle SOutll e11d of the rigllt-of-way ofS. Bear Cla'vv Way. 19. Label tIle "Real Point of Beginning." 20. The legal description in the "Certificate of Owner's" doesll't appear to be for tllis subdivision. 21. Applicant s11a11 be required to pay PlIblic Works developluent plan review, alld constructioll illspection fees, as detennined dlIrillg tIle plall review process, prior to SigIlature on the final plat per Resollltioll 02-374. 22. Please add or revise the followillg plat llotes: (8.) Revise to read: "... Ulltil tIle provisiollS of the recorded Developlllellt Agreelnellt, IllstruDlent No. l1ave beell flIlfilled as detelmined by tIle City of Meridiall." (Include Illstrlunent No.) (10.) Revise note to include Lot 1, Block 24 a11d Lot 34, Blocl( 12 as 11on-buildable lots. (11.) Delete note No. 11. (No longer required in notes.) DJ.J Add note: Tl1e owner of each lot~ across which passes an irrigation/drainage ditch or pipe~ is respollsible for the nlail1tellallce thereof~ unless such responsibility is assu111ed by an irrigation/drainage district. 23. Staffs failure to cite specific ordillance provisions or telTI1S of tl1e approved prelin1inary plat does not relieve Applicallt of respollsibility for c0111pliallce. GENERAL REQUIREMENTS 1. All irrigation ditclles, laterals or callaIs, exclllsive of natural waterways, intersecting, crossillg or lyillg adjacellt al1d contiguous to tIle area being subdivided shall be tiled per City Ordinance 12-4-13. Plal1s will lleed to be approved by the appropriate ilTigationJdrainage distlict, or EXHffiIT 'A' PAGE 4 OF 5 ( Mayor and COUllCil Hearil1g Date: Novenlber 25, 2003 Page 5 lateral llsers association, witll written confirmation of said approval sllbnlitted to the Public Works Departlnel1t. 2. Any existing dOlnestic wells and/or septic systems withill tllis project will have to be rel110ved from tl1eir dOlnestic service per City Ordillallce Section 9-1-4 al1d 9-4-8. Wells 111ay be used for non-dol11estic pllrposes such as landscape irrigation. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Pllblic Works Departlnent. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersectiol1S and/or fire 11ydrants. Final design locations alld quantity are detennined after power designs are completed by Idallo Power COlnpany. The street ligllt contractor sllal1 obtaill all approved design alld pennit froln tIle Pllblic Works Department prior to C0111111encing installatiolls. 4. SUbll1it "Final" letter from the Ada COllnty Street Name COlnmittee, approving the Sllbdivisioll alld street llal11es. Make any con-ectiollS l1ecessary to cOllfonl1. 5. Coordinate fire hydrant placenlent witll tIle City of Meridiall's Pllblic Works Departlnent. 6. Applicant's engineer will be required to subnlit a signed, stanlped statenlent certifying that all street fillisll cellterline elevatiol1S are set a ll1ininlU111 of three feet above the highest estab 1 ished nOlmal groulldwater elevation. RECOMMENDATION Staff recommends approval of tIle final plat for Bear Creek Sllbdivisioll No.7 witll the above stated conl111ents and C011ditiollS. EXHIBIT 'A' PAGE 5 OF 5 WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIORAY, III T. GUY HALLAM, JR.. JILL S. HOLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS. WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 EAST FRANKLIN ROAD, SUITE 200 NAMPA, IDAHO 83687..7901 TEL (208) 466..9272 FAX (208) 466..4405 CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE** NICHOLAS L. WOLLEN ".ALSO ADMITTED IN WA · ALSO ADMITTED IN OR December 4,2003 r.~ C' (- n l~ :)(~;'~:'~ c. L. l"", U \ L,.~..; :':..J~, William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 {_: i Ly () f 1\1 el ~i cii a:n. ("Y:ity (:lerk. ()m.ce Re: PARAMOUNT, LLC / PARAMOUNT SUBDIVISION NO.2 / FINAL PLAT - (FP-03-063) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Z:\Work\M\Meridian\Meridian 15360:M\Paramount Sub No.2 FP-03-063\Berg FP Ltr 12 04 03.doc ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PARAMOUNT, LLC FOR APPROVAL OF 42 BillLDING LOTS AND 1 OTHER LOTS ON 12.06 ACRES IN AN R-8 ZONE FOR PARAMOUNT SUBDIVISION NO. 2, LOCATED EAST OF NORTH LINDER ROAD AND SOUTH OF WEST CHINDEN BOULEVARD, MERIDIAN, IDAHO C/C 11/25/03 ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-03-063 ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on November 25,2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Hearing Date: November 25, 2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO.2, LOCATED IN THE NWl/4 OF SECTION 25, T.4N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004 ENGINEERING NORTHWEST, LLC BOISE, IDAHO, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-063) Page 1 of5 ( HANDWRITTEN DATE: 10-24-2003,03-019-00, SHEET 1 OF 3, J:\P ARAMOUNT _ SUB2 _ 030 19\Drawings\00 _P ARAM2 _PLA T1.dwg 10/24/2003 ", PARAMOUNT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teclmician III, and Sonya Allen Planner for the Planning and Zoning Department, dated: Hearing Date: November 25, 2003, listing 13 SITE SPECIFIC COMMENTS and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 25, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. The project which is comprised of single family dwellings will require a fire flow of 1,000 gallons per minute be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection will be by the Meridian Water Department. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. The area in front of the fire hydrants will be painted red 10' to each side of the fire hydrant. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-063) Page 2 of5 6. The developer shall be responsible for the cost of the installation of Opticom for any future signalization that may occur as a result of this development. 1.2 Comply with the conditions of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Enviromnental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Enviromnental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained tIle Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified tllat all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-063) Page 3 of5 ( guaranteeing the completion of off-site and required on-site improvements. 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 this decision 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 ~vel'n6vt- !J ~ ~^- L.-:/ -- day of , 2003. Attest: J~~~PJ-. y~ R ~ William G. Berg, Jr., City erk ~~:.,"0 QU6'r 15\ ." f'! /~ AI h: ~ '/.1' a ,('\l ~ ,,' /1 Ou v w,' 1;/ . NT l' ,'\ '\ II, \\\\ II/lirn 10\\\\ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-063) Page 4 of 5 By' Z:\ W ork\M\Meridian \Meridian 153 60M'Par Copy served upon Applicant, the Planning and Zoning Department, Public W orks,Dep~,I, . ,\\ O~ Ml:" 'I and City A omey. "" ~ 1 clill1 //// ", cY ~1- ~ Dated: I Z - '1-t:l3:! ~cp~Olt1r('o '\ 0.2 FP-03-063\OrderFP.doc ~ SEAL ~- B- ~ .. ~ ~ ~ "\."7(> u.s..,. lS\ · '" P f ....~/.... "#1.^ ~ ~ . ,,~ /11 ......OUN-rV t '\ ,\" IIII ,,1 \ \\\\ II;//iIll Bi1\"\ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-063) Page 5 of5 MAYOR Robert D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 · Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN STAFF REPORT: Hearing Date: November 25, 2003 To: Mayor, City Council and Planning & Zoning Commission ,(II( Sonya Allen, Assistant City Planner () ~ Bruce Freckleton, Senior Engineering Tech ~ From: Re: Paramount Subdivision No.2 · Final Plat approval of Forty-Two (42) Single-Family Residential Building Lots and One (1) Common Lot on 12.06 Acres in an R-8 (p.D.) Zone, by Paramount, LLC (File No. FP-03-063). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Paramount, LLC, has applied for Final Plat approval of 42 single-family residential building lots and 1 common lot on 12.06 acres of land for Paramount Subdivision No.2. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of .28 d.ll.facre and a net density of .23 d.ll.facre. The common area lot within the subdivision contains a pond. The landscaping around the pond adjacent to W. Paramount Drive was approved with Phase I. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50' . The submitted final plat is in compliance with the approved preliminary plat. Staff recommends approval of the final plat for Paramount Subdivision No.2 with the comments and conditions stated in this report. EXHIBIT "A" PAGE 1 OF 4 ( Planning & Zoning Commission/Mayor & City Council Hearing Date: November 25, 2003 Page 2 LOCATION This phase of Paramount Subdivision is located approximately 'l4 mile east of N. Linder Road and 'li mile south of W. Chinden Blvd. in the NW 'l4 of Section 25, T.4N., R.1 W. SURROUNDING PROPERTIES Phase II is surrounded on all sides by other phases of Paramount Subdivision. The parcels of land outside the boundaries of the proposed subdivision are rural residential/agricultural properties, zoned RUT (Ada County). SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and Development Agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the solid fence. All fencing shall be reduced to three feet in height within twenty feet of the right-of-way. 4. A landscape plan was not included or required with this phase of Paramount Subdivision. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this site shall be via extensions from EXHIBIT "A" PAGE 2 OF 4 (, Planning & Zoning Commission/Mayor & City COlUlcil Hearing Date: November 25,2003 Page 3 existing mains. Applicant will be responsible to construct the sewer and water mains to and tlrrough this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 8. Revise or add the following notes to the face of the plat: (11.) Delete note pertaining to min. house size (no longer required on plat). (15.) Add Development Agreement Instrument No. 103137116. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. Remove the graphical representation of the "special" storm drain easements across Lots 10-13, Block 4, and Lots 15-16, Block 5, and Lot 13, Block 11, as by note number 1 provides for public utilities, drainage, and irrigation across the front of all lots within the development. As currently designed, no storm drain facilities fall within the special easement areas shown. 11. 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 100-year storm event. 12. Change the year of the plat, sheets one and two, to "2004," as this plat won't be recording this year. 13. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature EXHIBIT "A" PAGE 3 OF 4 / ( Planning & Zoning CommissionfMayor & City Council Hearing Date: November 25, 2003 Page 4 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Any tree over 4" in caliper tl1at 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No.2 with the above stated comments and conditions. EXHIBIT "A" PAGE 4 OF 4 WHITE PETERSON KEvIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRA.Y, In T. GUY HALLAM * * JILL HOLINKA JOHNR. KORMANIK* WILLIAM A. MORROW WILLIAM F. NICHOLS.. WHITE PETERSON ATTORNEYS AT LAW CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WIDTE*** * Also admitted in CA **Also admitted in OR .** Also admitted in W A December 4, 2003 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: DOUG CAMPBELL AND THOMAS BEVAN / THE COURTYARDS AT TEN MILE / FINAL PLAT - (FP-03-064) Dear Will: Regarding the above referenced matter, please fmd enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Warks, and the attorney's office. If you have any questions, please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Paramount Sub NO.2 FP-03-063\ClerkFPltr 12 04 D3.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 11/25/03 IN THE MATTER OF THE ) APPLICATION OF DOUG ) CAMPBELL AND THOMAS ) BEVAN FOR APPROVAL OF 28 ) BUILDING LOTS AND 3 ) OFFICE/COMMERCIAL LOTS ) AND 10 COMMON LOTS ON 11 ) ACRES IN R-15 AND C-N ZONES ) FOR THE COURTYARDS AT TEN ) MILE, LOCATED NORTHEAST OF ) WEST PINE AVENUE AND NORTH ) TEN MILE ROAD, MERIDIAN, ) IDAHO ) ) CASE NO. FP-03-064 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on November 25,2003, and the Council finding that the Administrative Review is complete from Sonya Allen, Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician III, dated: Hearing Date: November 25,2003, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "THE COURTYARDS AT TEN MILE, A PORTION OF THE NWl/4 OF THE SWl/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-064) Page 1 of6 MERIDIAN, ADA COUNTY, IDAHO 2003, INDEX NO. 314-11-3-0-0-00-00, JOB NO. SD001.001, SHEET 1 OF 2 SHEETS, LEA VITI & ASSOCIATES ENGINEERS, INC", Doug Campbell and Thomas Bevan, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen Planner for the Planning and Zoning Department, dated: Hearing Date: November 25, 2003, listing 30 SITE SPECIFIC COMMENTS and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 25, 2003 meeting as follows, to-wit: 1.1 Comply with the conditions of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Commercial and office occupancies will require a [lie-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 3. Acceptance of water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department tluu the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside, including the landscaping circle on the end of Marbeth Ct. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-064) Page 2 of6 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. 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. 8. 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. 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of20' available at all times. 10. Access will be required to all commercial properties to within 150' from tIle approved fire lane. 11. All commercial uses shall comply with the 2000 International Building & Fire Code. 1.2 Comply with the conditions of the Central District Health Department as follows: The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-064) Page 3 of6 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.3 Comply with the conditions of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Ten-Mile Stub Drain courses along the north boundary oftrus proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptab Ie. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. 5. Should the development be planning a pressure urban irrigation system that will be owned, operated and maintained by the District, then the developer shall coordinate with the District concerning the installation of the pressure system. Fill out and return a questiolll1aire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-064) Page 4 of6 ( 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. 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 beillg a person who has an interest in real property which may be adversely affected by this decision 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 ~ve/'h;~ 2?~~ day of , 2003. 7?tmrn..1 de W./!.-erL ,Rrel;~-tl u;' C:Otvnt:<L ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT I (FP-03-064) Page 5 of6 ,. ! By:d1~~~1 ~ 1/ \\\\\11111 rr Itltf/ \ \ \ Or '"',Ii, 1--. 11/ . ,,\ '-{ ,- roO:-!'::/'"'-. A,. I/! !,"'a" o??O:-.fT-4~' ~i.;'~z,~: ">_ , ~c; '<0 -_~ 2 ~ 0 .' - - - -~ :; SEAL ~ y. f'? William G. Berg, Jr., Ci Cl k ~ '1'A ~v.s'''' ,\0)0 0 ;: ..-;... ~ I 151 t , 7.. ,:. '/ - 1 X'~ .... ...."/1.... O~ ~ ,....-"" Copy served upon Applicant, the Planning ~,~~~QeFa'ftment, Public Works Department, d C'ty Art IIIillH ntH\\\\ \\\\\\lUIHl!ffl/. an 1 omey. \\\ Of f\4~ 'II ,'\\.'..<'l .;cf{I/)/ / //// " :'\. ' -, ~ .1',.... ~ .:::- () 0oWOltq l:. '-'V ~ 2 ~ ~o ~ Dated: I ;z - 1--t/ :sf ~ Attest: Z:\Work\M\Meridian\Meridian 15360M\The Courtyards at Ten Mile FP-03-064\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT / (FP-03-064) Page 6 of6 MAYOR Robert D. Corrie HUB OF TREASURE V ALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN STAFF REPORT: Hearing Date: November 25,2003 To: Mayor, City Council and Planning & Zoning Commission 1/{ Sonya Allen, Assistant City Planner G ~ Bruce Freckleton, Senior Engineering Tech ~ From: Re: The Courtyards at Ten Mile Final Plat approval of Twenty-Eight (28) Multi-Family Residential Attached Building Lots, Three (3) Office/Commercial Lots, and Ten (10) Common Lots on 11 Acres in R-15 & C-N (P.D.) Zones, by Doug Campbell and Thomas Bevan (File No. FP-03-064). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicants, Doug Campbell and Thomas Bevan, have applied for Final Plat approval of 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres of land for The Courtyards at Ten Mile, a mixed use subdivision. The current zoning designations for the proposed subdivision are R-15 (High Density Residential) and C-N (Neighborhood Commercial) zones. This subdivision will have a gross density of 4.2 d.li./acre with a net density of7.27 d.u./acre. The multi-family dwellings in this development will consist of two-story structures (containing 4-units each) centered on two lots with the common wall dividing the two upstairs and downstairs units. The common lots within the subdivision consist of landscape/drainage/pathway lots which will be owned and maintained by the Homeowners Association. The pressurized irrigation system within this development will be owned and maintained by Nampa & Meridian Irrigation District. The submitted final plat substantially complies with the approved preliminary plat. As a condition of the preliminary plat, the applicant was required to place the street buffers along N. Ten Mile Road in common lots; this has been done. A Conditional Use Permit (planned Development) was approved for the proposed subdivision which allowed for residential lofts above the retail in buildings A & C; reductions in setbacks for EXHIBIT "A" PAGE 1 OF 6 /- ( Planning & Zoning Commls~aonJMayor & City Council Hearing Date: November 18, 2003 Page 2 ( the following: front garage 10', front of house 15', rear 10', interior side 5', and street side (comer lots) 10'; reduction in the minimum lot size to 8,000 s.f.; lot frontage 80'minimum; 900 s.f. minimum house size; increase in allowable cul-de-sac length to 497'. The minimum lot frontage that the applicant requested was 80'; however, the applicant incorrectly figured that by adding the frontages of the attached building lots together, it should have been 40' per lot. The same is true for the requested 8,000 s.f. minimum lot size; it should have been a 4,000 s.f. minimum lot size. The preliminary plat was approved with the correct frontages and lot sizes. Staff recommends approval of the final plat for The Courtyards at Ten Mile, with the comments and conditions stated in this report. LOCATION The proposed subdivision is located on the NE comer ofW. Pine Ave. and N. Ten Mile Road in the SW 14 of Section 11, T.3N., R.IW. SURROUNDING PROPERTIES North: Property zoned L-O (Limited Office) and rural residential/agricultural property, zoned RUT (Ada County). West: Rural residential/agricultural property, zoned RUT (Ada County). East: Rural residential/agricultural property, zoned RUT (Ada County). South: Future site of Central Valley Baptist Church, zoned L-O. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-0 10), conditional use permit (CUP-03-020), and Development Agreement (Inst. No. 103184142). 2. The applicant has indicated tllat Nampa & Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point cOlll1ection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Per the Preliminary Plat Findings, all fencing adjacent to pathways or common area lots shall be 4-feet in height if constructed of a non-sight obscuring material or 3-feet in height if constructed of a solid material. Perimeter fencing is approved as shown on the fencing plan. All fencing shall be reduced to three feet in height within twenty feet of the right-of-way. EXHIBIT "A" PAGE 2 OF 6 f' - ( Planning & Zoning Commission/Mayor & City Council Hearing Date: November 18, 2003 Page 3 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Complete the Certificate of Owners and accompanying Acknowledgment prIor to signature on the final plat. 7. 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 stofm event. 8. Applicant shall be required to pay Public Works development plan review, and construction inspectioll fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 9. Revise or add the followillg notes to the face of the plat: (1.) Revise note -to read: "Building setbacks and dimensional standards in this subdivision shall be in compliance with Conditional Use Permit (CUP-03-020)." (4.) Delete Note. (Easements have been graphically depicted on all lots) (10.) Revise note to read: ... by blanket public utilities'l drainage'l and irrigation... (1L) Add note: The pressurized irrigation system within this development will be owned and maintained by Nampa & Meridian Irrigation District. .Q2J. Add note: The owner of each lot across which passes an irrigation/drainage ditch Of pipe'l is responsible for the maintenance thereof'l unless such responsibility has been assumed by an irrigation/drainage district. .c.lD Add note: The bottom elevation of building footings shall be set a minimum of 12-inches above the highest established normal groundwater elevation. EXHIBIT "A" PAGE 3 OF 6 ( Planning & Zoning Commisslon/Mayor & City Council Hearing Date: November 18,2003 Page 4 .Q.1J. Add note: No building permits shall be issued on any lots in this subdivision until the provisions of the recorded Development Agreement Instrument No. 103184142 have been fulfilled as determined by the City of Meridian. .c12J. Add note: 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 100-year storm event. 10. Revise "W. Treva Drive" to read "N. Treva Drive" per the street name approval letter. 11. Revise "Ten Mile Road" to read "N. Ten Mile Road" per the street name approval letter. 12. Revise "N. Grey Cloud Way" to read "N. Gr~y Cloud Way" per the street name approval letter. 13. Revise detail of Block 3, Lot 1 to show "L26 and L27." 14. Revise detail of Block 4, Lot 1 to show the through bearing as S55033'01"W. 15. Revise the leader line for the overall distance of the south line of the subdivision to the angle point, centerline of the Ten Mile Drain. 16. Revise the leader line for the overall distance of the west line of the subdivision to the angle point, south boundary line extended. 1 7. Remove the square footage notation from each lot and plat legend. 18. The overall distance shown across the north boundary of Lots 9-13, Block 2 doesn't equal the sum of the individual distances shown for each lot. Please make the corrections necessary. 19. Provide a detail for the lot pin configuration at the northwest corner of Lot 3, Block 2. 20. Add "Meridian" to the situate statemellt on the face of the plat. 21. Change the year of the plat, sheets one and two, to "2004," as this plat won't be recording this year. 22. Revise the line types in the plat, and legend to show the heaviest line for the exterior subdivision boundary, a standard line/dash for the centerline, a dashed line for the easements. 23. Delete the "0 setback lot line" from the plat legend. EXHIBIT "A" PAGE 4 OF 6 ( Planning & Zoning CommisslonlMayor & City Council Hearing Date: November 18, 2003 Page 5 24. Add the water service origin statement to the Certificate of Owner's per I.C. 50-1334. 25. Delete the certificate for the Meridian Planning and Zoning commission. 26. Revise the "Approval of City Engineer" to reference "Ada" County. 27. Revise the certificate "Approval of City Council" to only have the City Clerk's signature line. 28. Revise the certificate "Approval of Central District Health Department" 29. Developer shall coordinate mailbox locations with the Meridian Post Office. 30. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty and 100-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 fITe hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receivillg ellgineered backfill, where footing would sit atop fill material. 5 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. EXHIBIT "A" PAGE 5 OF 6 ( Planning & Zoning CommisslonJMayor & City Council Hearing Date: November 18, 2003 Page 6 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for The Courtyards at Ten Mile with the above stated comments and conditions. EXHIBIT "A" PAGE 6 OF 6 ?!lost 10 st ~ ? CA bL:c YLofl Ci -1htWL fC-S ! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November' 25, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 21, 2003 Pre-Council Meeting: B. Approve minutes of October 28, 2003 City Council Regular Meeting: c. Approve minutes of November 5, 2003 Pre-Council Meeting: D. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones .for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: E. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: F. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Develooment by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: Meridian City Council Agenda - November 25,2003. Page I 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (- G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: VAR 03-018 Request for a Variance for a one-year Time Extension for recording of the Final Plat for Olsen Bush Subdivision No.2 by R2 Development, Inc. - west of North Eagle Road and north of East Franklin Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 03-046 Request for a Conditional Use Permit for a branch bank facility with drive-thru lanes in an L-Q zone for Idaho Central Credit Union by Idaho Central Credit Union - east of South Locust Grove Road and south of East Overland Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 03- 024 Request for annexation and zoning of 17.5 acres from RUT to R-8 zones for proposed Glacier Sprinas Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: K. Approve Beer and Liquor License Transfer from Chipotle Grill at 2031 East Fairview, Suite 103 to Whitewater Saloon at 1646 North Meridian Road: L. Agreement for Professional Services for NPDES Permit Applications - CH2MHill: M. Water Main Easement for D.L. Evans Bank: N. Finance Report: 4. Department Reports: A. Planning and Zoning Department - Anna Powell: 1. Agreement for Services with Diane Kushlan for Zoning Ordinance Update: Meridian City Council Agenda - November 25,2003 Page 2 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( B. Public Works Department - Brad Watson: 1. Selection of Consultant Rosters for FY 2004 Water Projects: 5. (Items Moved from Consent Agenda) 6. Motion to Reconsider the Motion to Postpone CUP 03-047 Observation Point Subdivision to December 9,2003 for Decision: 7. Continued from November 18, 2003 for Decision: CUP 03-047 Request for a Conditional Use Permit to demolish existing home and rebuild one single family residential dwelling for caretakers quarters on lot 2, block 2 of Observation Point Subdivision in a R-4 zone by RF Construction - 500 East Victory Road: 8. Tabled from November 5, 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: 9. FP 03-062 Request for Final Plat approval for 40 single-family residential building lots and 7 common lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.7 by Bear Creek, LLC - west of South Meridian Road and south of West Overland Road: 10. FP 03-063 Request for Final Plat approval of 42 single-family residential building lots and 1 common lot on 12.06 acres in an R-8 zone for Paramount Subdivision No.2 by Paramount, LLC - east of North Linder Road and south of West Chinden Boulevard: 11. FP 03-064 Request for Final Plat approval of 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres for The Courtyards at Ten Mile by Doug Campbell and Thomas Bevan - northeast corner of West Pine Avenue and North Ten Mile Road: 12. Continued Public Hearing from October 14,2003: M103-009 Request for modification of condition to leave the Onweiler Lateral open and construct a 10 foot wide paved multi-use pathway and place a 5 foot chain link fence along the south bank of canal for Silhouette Subdivision by Silhouette LLC - east of North Meridian Road and south of East Ustick Road: Melidian City Council Agenda - November 25, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Metidian. Anyone desiring accommodation for disabilities related to documents and/or heatings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( J, ( 13. Continued Public Hearing from November 12, 2003: PP 03-026 Request for Preliminary Plat approval of 15 building lots on 4.15 acres in an L-Q zone for Stokesberrv Subdivision No.2 by Properties West, Inc. - west of North Eagle Road and north of East Fairview Avenue: 14. Continued Public Hearing from November 12, 2003: PP 03-028 Request for Preliminary Plat approval of 52 building lots and 8 other lots on 17.5 acres in a proposed R-8 zone for proposed Glacier SlJrinas Subdivision by Tuscany Development, Inc. - north of East Victory Road and east of South Meridian Road: 15. 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: 16. 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: 17. Public Hearing: CUP 02-004 Request for Revocation of a Conditional Use Permit granted by the City of Meridian for John Nesmith for Meridian Automotive - 505 North Main Street: Meridian City Council Agenda - November 25, 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ( ** TX CON( ~TION REPORT ** AS OF ( NQlJ 21 'l::)3 16=44 PAGE,,01 CITY OF MERIDIAN DATE TIME TO/FROM 26 11/21 16:31 381016121 27 11/21 16:33 12084664405 28 11/21 16=35 8841159 29 11/21 16:37 2088840744 30 11/21 16:39 POLICE DEPT 31 11/21 16:4121 8985501 32 11/21 16:42 LIBRARY MODE MIN/SEC PGS CMDft STATUS EC--S 1212 J 04 JJ 004 178 OK EC--S 01 J 14" 004 178 OK EC--S 01 ' 13" 004 178 OK EC--S 1211 J 12 JJ 12104 178 OK EC--S 1211 ' 13 n 12104 178 OK EC--S 1211'11" 004 178 OK EC--S 1211'35" 004 178 OK -------------------------------------------------------------------------------------------- ? W1st ? 0 Sf fV cp cA b(A c.. no-h Ct ' -rhtJJr1 ~S ! CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA TueSday, November'25, 2003 at 7:00 p.m.. City Council Chambers 1. RoJJ-call Attendance: _ Tammy de Weerd _ Cherie McCandJess _ Mayor Robert Corrie Bill Nary Keith Bird "- 2. Adoption of the Agenda: 3. Consent A{lenda: A. Approve minutes of October 21, 2003 Pre-Council Meeting: B. Approve minutes of October 28, 2003 City Council Regular Meeting: C. Approve minutes of November 5, 2003 Pre-Council Meeting: D. Tabled from November 12. 2003: Findings of Fact and Conclusions of Law for Approval: AZ. 03-015 Request for annexation and zoning of 9~8 acres from RUT to R-8 zones for proposed Saaeland Planned Development by Quasar Development, lLC - northeast comer of South Locust Grove Road and East Victory Road: E. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other Jots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development. LLC - northeast comer of South Locust Grove Road and East Victory Road: F. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saqeland Planned DeveloDment by Quasar Development - northeast comer of South Locust Grove Road and East Victory Road: l\'feridi~D City Councll Agenda - November 2S, 2003 Page) of 4 AU matcri"fs presented 3t public ruet:tings shaij becom~ property of the City of Meridian. Anyone dcs:iring ~cCOmmodntioll tor dis.:~bilities related [0 dOCWI1E:1lts and/or be:uings pk~c contact tb.e CiLy Clcrk"s Offic~ ~t 888-4433 aT le-:l$t 48 hourn pl'ior to the public meeting, ( { ( ** TX ( IRMATION REPORT ** AS OF NOll 21 '(2)...... l r . 26 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD1:* STATUS 01 11/21 16:44 92083776449 EC--S 01' 12" 004 178 OK 02 11/21 16:46 208 388 6924 EC--S 01'34" 004 178 OK 03 11/21 16: 48 2088886854 EC--S 01' 13" 004 178 OK 04 11/21 16:50 ALL AMERICAN INS EC-S 01' 12" 004 178 a< 05 11/21 16:51 208 895 0390 EC--S 01' 12" 004 178 OK 06 11/21 16:54 208 387 6393 EC--S 01'12" 004 178 OK 07 11/21 16:56 ADA CTY DEUELMT G3--S 02' 13" 004 178 a< 08 11/21 16:59 8885052 EC--S 01' 11" 004 178 OK 09 11/21 1 7: 01 CHERRY LANE EC--S 01' 35" 004 178 OK 10 11/21 17:03 POST OFFICE EC--S 02 ' 04" 004 178 a< 11 11/21 17:06 IDAHO ATHLETIC C EC--S 01' 12" 004 178 OK 12 11/21 17:07 ID PRESS TRIBUNE EC--S 01' 13" 004 178 OK 13 11/21 17: 09 2088886701 EC--S 01' 12" 004 178 a< 17 11/21 17: 15 PUBLIC WORKS EC--S 01' 13" 004 178 OK 24 11/21 17:26 CHAMBER-COMMERCE ---5 00' 00" 000 178 BUSY THIS DOCUMENT IS STILL IN MEMORY -------------------------------------------------------------------------------------------- ? W1st ~O Sf -J;.,.- flu.. b-(Ac.- YLo-h C{. - "ThAAt ~S .' CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November' 25, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: - Tammy de Weerd _ Bill Nary Cherie McCandless Keith Bird - _ Mayor Robert Corr;e- 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of October 21, 2003 Pre-Council Meeting: B. Approve minutes of October 28, 2003 City Council Regular Meeting: C. Approve minutes of November 5,2003 Pre-Council Meeting: D. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saaeland Planned Development by Quasar DeveJopment, LLC - northeast comer of South Locust Grove Road and East Victory Road: E. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast comer of South Locust Grove Road and East Victory Road: F. Tabled from November 12, 2003= Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditiona' Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned DeveloDment by Quasar Development - northeast comer of South Locust Grove Road and East Victory Road: Meridi.1n City Council AgCTlda - November 25, 2003 P3zc ) of 4 A II nwccri:i Is pft"Sentcd at pub tic rae-dings s:h3U become propcny 0 t' tht Ci(y 0 f Mcridi.an. Anyone dc!\irlng :\1::COmmod.n.tion for disabilities relaccd [0 docwnr:nts and/or be3.rings plC:i1:ic contaCt tbe Cily Clc:rl:'s Office ~t S88-4433 at least 48 hoUT'S prior to tht public meeting. ( PAGE. ell ** TX ~ RMAT ION REPORT ** AS OF NOU 26 '103 _ CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDif STATUS 11 11/26 00=00 PUBLIC WORKS EC--S 01'30" 005 222 OK 12 11/26 00:102 120846644105 EC--S 01'31" 005 222 OK 13 11/26 00;04 8841159 EC--S 01'30" 005 222 OK 14 11/26 00;06 2088840744 EC--S 01' 29" 005 222 OK 15 11/26 00:08 POLICE DEPT EC--S 01' 30" 005 222 OK 16 11/26 00:10 89855101 EC--S 101'28" 005 222 OK 17 11/26 00=12 LIBRARY EC--S 01'58" 005 222 OK 18 11/26 00:14 92083776449 EC--S 01'29" 005 222 OK 19 11/26 00:16 208 388 6924 EC--S 01'55" 005 222 OK 20 11/26 00:19 2088886854 EC--S 01' 28" 005 222 OK 21 11/26 00:21 208 895 0390 EC--S 01'28" 005 222 OK 22 11/26 00:23 208 387 6393 EC--S 01' 28" 005 222 OK 23 11/26 00:25 ADA CTY DEVELMT G3--S 132'46" 005 222 OK 24 11/26 00:28 8885052 EC--S 01'2911 005 222 OK 25 11/26 00:30 CHERRY LANE EC--S 01'57" 005 222 OK 26 11/26 00:33 POST OFFICE EC--S 02'31" 005 222 OK 27 11/26 00:36 IDAHO ATHLETIC C EC--S 01'28" 005 222 OK 28 11/26 00:38 ID PRESS TRIBUNE EC--S 01'28" 005 222 OK 29 11/26 00:40 2088886701 EC--S 01' 29" 005 222 OK 30 11/26 00:45 3810160 EC--S 02'31" 005 222 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 25, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd ~ Bill Nary ~ Cherie McCandless -L Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: ~~ as r.evlut:L 3. Consent Agenda: ~- D. {;"- E. ~ - F. A. Approve minutes of October 21,2003 Pre-CouncH Meeting: t//fPn>ve- Approve minutes of October 28, 2003 City Council Regular Meeting: appo v..e.. Approve minutes of November 5, 2003 Pre-Council Meeting: al'ro~ Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-015 Request for annexation and zoning of 9.8 acres from RUT to R-8 zones for proposed Saaeland Planned Development by Quasar Development, LLC - northeast comer of South Locust Grove Road and East Victory Road: B. c. Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03..020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R..8 zone for proposed SaQeland Planned DeveloDment by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: Tabled from November 12, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R..8 zone for proposed Saaeland Planned DeveloDment by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: M~djan Cily Council Agcn& - November 2S~ 200; P:J.ge 1 of 4 All JllOlteriah pfC.Oicnted at public mtdlng$ sb:111 beet'lmc: propcny or thl!: City of Mmdian, Anyone dcsir.ing acwnunodation tbrcHsabiliries related to dilCwnentl: and/or hC3ringS plCM-e conlact lhe City Clclk', Office 31888-4433 ..t lcaq 48 hours pl'ior to the public mffiing.