HomeMy WebLinkAbout2002-06-18
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 18,2002, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd L Bill Nary
X Cherie McCandless >C Keith Bird
~ Mayor Robert Corrie '
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes from May 21, 2002 City Council Regular Meeting:
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B. Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
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C. Approve minutes from May 29, 2002 City Council Regular Meeting:
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D. Findings of Facts and Conclusions of Law: CUP 02-008
Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing Moxie Java coffee shop by Avest
Limited Partnership - 1800 North Locust Grove Road:
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E. Findings of Facts and Conclusions of Law: CUP 02-009
Request for a Conditional Use Permit for a residential development
consisting of four town-house style units in a two story building in
an 0- T zone for Thornton Four-Plex by Scott J. Thornton - 121
East King Street:
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F. Findings of Facts and Conclusions of Law: AZ 02-007 Request
for annexation and zoning of 40 acres from RUT to R-4 zones for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
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G. Findings of Facts and Conclusions of Law: PP 02-008 Request
for Preliminary Plat approval of 152 building lots and 5 other lots on
40 acres in a proposed R-4 zone for proposed Marlin Subdivision
by Winston Moore - north of 1-84 and east of South Linder Road:
a~J:I?'1;? V..{,....
Metldfdn City Council Agenda - June 18, 2002 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.
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Findings of Facts and Conclusions of Law: CUP 02-010
Request for a Conditional Use Permit for a Planned Development
for single-family residential lots in a proposed R-4 zone for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
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Findings of Facts and Conclusions of Law: V AR 02-006
Request for a variance to city ordinance to allow an off premise
sign at the southeast corner of E. Fairview Avenue and N. Locust
Grove Road by Locust Grove Ltd.. LLC:
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First Addendum to Consent to Annexation Agreement for
Edinburgh Place No.2 - Corrected Legal Description:
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Beer and Wine License for Carol J. Snider dba Harks Corner -
1651 W. Franklin Road:
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Appointment of Impa~t Fee Committee Members and
Administrator:
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Contract with W & H Pacific to survey the Borup Property (29
acres on West Cherry Lane):
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Change Order Number 3 for Meridian Settlers Park by
American Paving (for installing sewer main, additional survey,
concrete and earthwork):
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Award of Contract for Waste Water Treatment Plant Diesel
Storage Tank Project:
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Change Order Number 1 for Black Cat I Ustick Water Line
project~~tI V..e....-
Swear in New Police Officer - Meridian Police Department:
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Department Reports .,- /L-f;1Y'-e..
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6. (Items Moved from Consent Agenda) d 4. L
7. Resolution No. t!J 2- - 376 Approve Lease Agreement
with Boys & Girls Club of Ada County, Inc. for use of old Meridian
Police Department building: ~;:rrt? V'.e.....
Meridian City Council Agenda - June 18, 2002 Page 2 of 4
An materials presented at public meetings shan 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.
8. Resolution No. Approve Lease Agreement
with Department of Corrections Parole & Probation for space in new
Meridian Police Department building: -I-a-6Le- ~ b.- 24 -t/ z-.
9. Resolution No. tJ 2- - 3 71 Prosecutor Cross
Deputization Resolution: appYtfJv.e..-
10. Ordinance No. {9 2 - 9;J 3 : Amending Ordinance No. 01-
908 Valley Shepherd Church of the Nazarene AZ 00-018 - Corrected
Legal Description: ~Yt!>v-€--
11. Ordinance No. 0 2- - q {? 4- : Amending Ordinance No. 01-
938 Locust Grove LDS Church AZ 01-019 - Corrected Legal
Descri ption: t:J-1O ;rro V..e...
12. Tabled from June 4,2002: Ordinance No. t/2- C/5S-: ZA 02-001
(Amberstone Zoning Amendment) Request for amendment to Zoning
and Subdivision Ordinance by Jim Jewett and B & A Engineers: ~t/v~
13. Tabled from June 4, 2002: AZ 02-003 Request for annexation and
zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone
Subdivision by Jim Jewett - south of West Cherry Lane and south of
North $l!mmertree Way: /! :- F ~ /( P ~- a..-e..
a-r~q fo /J IrefJ tVt,..e -r/ f- r e ~ T7T1- eVr~ v;
14. Tabled from June 4, 2002: PP 02-002 Request for Preliminary Plat
approval of 19 building lots and 2 other lots on 3.84 acres in a proposed
R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south
of West Cherry Lane and south of North,cSummertree W>>y: -cc.-e
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15. FP 02-005 Request for Final Plat approval of 22 building lots and one
other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision
by Wildwood Development LLC - on East Wilson Lane, east of South
Locust Grove, south of East Fairview Avenue:
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16. FP 02-006 Request for Final Plat approval of 8 building lots and 11 other
lots on 113~ 15 acres in an L-Q for Touchmark Living Center
Subdivision by Touchmark Living Center of the Treasure Valley - south
of East Franklin Road and east of South Eagle Road:
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17. Public Hearing: AZ 02-009 Request for annexation and zoning of
1.00 acre from RUT to L-Q zones for the proposed Meridian Fire
Department Locust Grove Substation property by the City of Meridian -
3545 North Locust Grove Road:
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Meridian City Council Agenda - June 18, 2002 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.
18. Public Hearing: AZ 02-005 Request for annexation and zoning of
196.20 acres from RT to R-4 zones for proposed Tuscany Lakes
Subdivision by Gem Park II Partnership - west of South Eagle Road and
south of East Victory Road: I' /' J / /y_ ~
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19. Public Hearing: PP 02-006 Request for Preliminary Plat approval of 455
single-family lots, 38 common lots and 1 other lot on 190.47 acres in a
proposed R-4 zone for proposed Tuscany lakes Subdivision by Gem
Park II Partnership - west of South Eagle Road and south of East Victory
Road:dr~:;. Iv fH'.e?~ r/'I.f { e/~ ~ ~J?n?vc~
20. Public Hearing: CUP 02-006 Request for a Conditional Use Permit for a
Planned Unit Development consisting of 353 buildable lots and 31
common lots on 138.88 acres for proposed Tuscany Lakes Subdivision
by Gem Park II Partnership - west of South Eagle Road and south of East
Victory Road: /:' i /''' -
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21. Water, Sewer and Trash Delinquencies:
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Meridian City Council Agenda - June 18, 2002 Page 4 of 4
An 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.
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June 28, 2002
MERIDIAN CITY COUNCIL MEETING July 2, 2002
APPLICANT ITEM NO.
REQUEST Approve minutes from June 18, 2002 City Council Regular Meeting:
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AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
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Meridian City Council Soecial Meeting
June 18.2002
The regular meeting of the Meridian City Council was called to order at 6:30 P.M.,
Tuesday, June 18, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless and William Nary.
Others Present: Bill Nichols, Gary Smith, Brad Watson, Mike Worley, Will Berg, Ken
Bowers, David McKinnon, Bill Musser, Tom Kuntz, and Dean Willis.
Item 1:
Roll-call Attendance:
Tammy de Weerd Bill Nary
Cherie McCandless Keith Bird
Mayor Robert Corrie
Corrie: I will open the City Council regular meeting of Tuesday, June 18th, 2002, at 6:30
and we will have roll call, please, Mr. Clerk.
Item 2:
Adoption of the Agenda:
Corrie: Okay. First, let me say welcome, everybody, here this evening. Also special thank
you to Troop 190 in Meridian to be attending the meeting today. Hope we help you on the
scouting projects tonight. Council, we have the adoption of the agenda, Item No.2.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: Two changes on the Consent Agenda. Item J we'd like to move on 6-J and L weld
like to move to 6-L, so discussion can be taken care of and with that lid move that we
approve the Agenda as published.
McCandless: Second.
Corrie: Motion has been made and seconded to approve the Agenda published, with the
recommendation of the removal of two items on the Consent Agenda. Any further
discussion? All in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 3:
Consent Agenda:
A.
Approve minutes from May 21, 2002 City Council Regular Meeting:
B.
Approve minutes from May 29, 2002 City Council Joint Workshop with Ada
County Highway District
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Meridian City Council Meeting
June 18,2002
Page 2 of 61
c. Approve minutes from May 29, 2002 City Council Regular Meeting:
D. Findings of Facts and Conclusions of Law: CUP 02-008 Request for a
Conditional Use Permit for a drive-thru window and drive-thru lane at an
existing Moxie Java coffee shop by Avest Limited Partnership - 1800 North
Locust Grove Road:
E. Findings of Facts and Conclusions of Law: CUP 02-009 Request for a
Conditional Use Permit for a residential development consisting of four town-
house style units in a two story building in an Q-T zone for Thornton Four-
Plex by Scott J. Thornton - 121 East King Street:
F. Findings of Facts and Conclusions of Law: AZ 02-007 Request for
annexation and zoning of 40 acres from RUT to R-4 zones for proposed
Marlin Subdivision by Winston Moore - north of 1-84 and east of South
Linder Road:
G. Findings of Facts and Conclusions of Law: PP 02-008 Request for
Preliminary Plat approval of 152 building lots and 5 other lots on 40 acres in
a proposed R-4 zone for proposed Marlin Subdivision by Winston Moore -
north of 1-84 and east of South Linder Road:
H. Findings of Facts and Conclusions of Law: CUP 02-010 Request for a
Conditional Use Permit for a Planned Development for single-family
residential lots in a proposed R-4 zone for proposed Marlin Subdivision by
Winston Moore - north of 1-84 and east of South Linder Road:
I. Findings of Facts and Conclusions of Law: V AR 02-006 Request for a
variance to city ordinance to allow an off premise sign at the southeast
corner of E. Fairview Avenue and N. Locust Grove Road by Locust Grove
Ltd., LLC:
J. First Addendum to Consent to Annexation Agreement for Edinburgh
Place No.2 - Corrected Legal Description:
K. Beer and Wine License for Carol J. Snider dba Harks Corner - 1651 W.
Franklin Road:
L. Appointment of Impact Fee Committee Members and Administrator:
M. Contract with W & H Pacific to survey the Borup Property (29 acres on
West Cherry Lane):
N. Change Order Number 3 for Meridian Settlers Park by American Paving
(for installing sewer main, additional survey, concrete and earthwork):
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Meridian City Council Meeting
June 18, 2002
Page 3 of 61
O. Award of Contract for Waste Water Treatment Plant Diesel Storage
Tank Project:
P. Change Order Number 1 for Black Cat I Ustick Water Line Project:
Corrie: Now we have the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move we approve the Consent Agenda with the two items that have been moved to
the regular agenda.
McCandless: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-
call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 4:
Swear in New Police Officer - Meridian Police Department:
Corrie: At this time we will be having a swearing in of a new police office of the Meridian
Police Department. So if Corby would come forward and the chief, I'll let the chief start
first.
Worley: If Corby could come up. Mayor, Members of the Council, and citizens of Meridian,
Corby Christensen just recently joined the Meridian Police Department. He was born in
Boise, raised in the Treasure Valley, attended Vallivue High School. He graduated from
the College of Idaho in 1985 with a BS in business and psychology. He has a long career
in law enforcement, started with the Nampa Police Department in 1983, moved to Boise in
1985, and the Ada County Sheriff's Office in 1988 where he worked until we were lucky
enough to bring him aboard just recently. He's worked just about every aspect of law
enforcement that can be done, including patrol, warrants, he was a school resource
officer, and received a citation for his work as a lead investigator on the Dennis Vary
homicide, if you remember that from a few years ago. He's also a crime scene
investigator, field training officer, has a master's certificate from the POST Academy and
is an instructor at the POST Academy, so we are -- feel very fortunate to have Corby on
board with the Meridian Police Department. So, Mayor, if you would like to administer the
oath.
Corrie: Thank you. Well, we are getting a winner here. Corby, if you will raise your right
hand and repeat after me.
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Meridian City Council Meeting
June 18, 2002
Page 4 of 61
(Oath given.)
Corrie: Congratulations.
Worley: One of the defining moments of a new police officer is the first time the badge is
officially pinned on following the oath and we generally ask someone significant to the
officer to do that honor. So, Jane, if you would come up. If you want to introduce her.
Christensen: It's my privilege to introduce my wife of 18 years Jane Christensen.
Worley: Mr. Mayor and Members of the Council, Citizens of Meridian, please join me in
welcoming Officer Corby Christensen.
Item 5:
Department Reports
Item 6:
(Items Moved from Consent Agenda
J. First Addendum to Consent to Annexation Agreement for
Edinburgh Place No.2 - Corrected Legal Description
Corrie: The next item on the Agenda is department reports. Are there any department
reports at this time? Okay. Items moved from the Consent Agenda. 6-J. The first
Addendum to Consent to Annexation Agreement for Edinburgh Place No. 2 -- corrected
legal description.
Watson: Sure. Thank you, Mr. Mayor, Council Members. At face value, all this is an
addendum to the annexation agreement for Edinburgh Subdivision. The original one
included approximately 30 of the 40 acres of the proposed project. It's my understanding
that ten acres was left out of the original agreement simply because it wasn't under the
ownership of the developer at the time and Mr. Nichols might have to help me out with
some of this. The reason this is coming forward is that they are wanting to develop the
second phase of this and it's their -- the developer's understanding that they do not need
any city approvals to do this. We reviewed the development plans for the water and sewer
systems to the point where they ready to approve. I have spoken with Ada county
development services and they approved the preliminary plat to the entire 40 acres when
the original project went through, so all they need in order to approve this last phase or
the second half of the project is simply a letter from the City of Meridian saying that we will
serve them for the water and sewer. As soon as I issue that letter that accompanies those
plans to DEQ, that letter, in effect, says that we can serve them with water and sewer. So
I guess I just want everyone to be aware of what's going on. I don't know necessarily have
a problem with that. The whole reason that couldn't go forward or that project was limited
when it went through the first time was that Vienna Woods lift station had a finite capacity.
With the White Trunk under construction, that lift station can be expanded and discharged
into the White Trunk. The timing of that will probably more or less coincide with their
development. So from a sewer standpoint, I'm not real concerned about this. But if what
they are saying is correct and they need no city approvals, then I just wanted everyone to
be aware of what's going on. I would be happy to entertain any questions if you have any.
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Meridian City Council Meeting
June 1812002
Page 5 of 61
Bird: I have none, Mayor.
Corrie: Any comments from Council?
Nichols: Mayor, Members of the Council, my recollection of Edinburgh Place -- and I see
Mr. -- Senator Bunderson and Mr. Smith in the audience and they can correct me if 11m
wrong, but my recollection is that when Edinburgh Place came in front of the Council we
were operating under the area of impact agreement, which says that Meridian must
approve subdivisions in the area of impact that go through Ada county. They are not
contiguous and they are not going to be annexed after approval. Since the time that
Edinburgh was approved, the Idaho Supreme Court decided the case of Blaylock versus
the City of Eagle or Blaylock versus Ada County, I don't remember which, which clarified
what approve means when it comes to an area of impact agreement. Of course, the
decision was that since a subdivision in the area of impact was not going to be part of the
city immediately, is under Ada county jurisdiction, county jurisdiction, approval really
means comment. It can recommend approval or denial, but thatls just to be considered by
the county in arriving at its decision. So it could very well be that what the developer is
saying, we don't have to have the city engineer necessarily sign off on the plat the same
way the city engineer has to sign off on a plat inside the city limits or that kind of approval
or that the Council has to formally say, yes, that we approve the area of impact
subdivision. But here we are providing water and sewer services to that subdivision and I
don't think that the Blaylock case says that the city can't say whether or not it's going to
provide services and the city already essentially has said that those services will be
provided as long as they are otherwise available. So just to clarify, that's my reading of
what this is. I don't think it's necessarily the developer saying we can use up as much
sewer and water as we want, thafs not it at all. Ifs just a matter of the Blaylock case was -
- or however you pronounce that name -- was decided after Edinburgh Place was
approved, both by the county and the city.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: It seems to me that I recall that phase two in that would not develop until the
White Trunk was developed. Is that not how the development agreement reads?
Watson: Mr. Mayor, Council Member de Weerd, Council Members, I don't know the exact
verbiage. From an approval standpoint, once a set of plans is approved as far as DEQ is
concerned, they can approve plans -- subsequent plans that connect to that. So I guess
maybe it's semantics, but in DEQls mind the white trunk exists, because they have
reviewed it and approved it. So, consequently, they can approve any of those projects that
would connect to it, such as Cedar Springs, Sundance, and Edinburgh. I don't know what
it exactly says in the development agreement. I donlt know that it says it has to be in the
ground functioning.
Meridian City Council Meeting
June 18, 2002
Page 6 of 61
Corrie: Well, Brad, if they develop that before capacity can be given into the White Trunk
Line, they would have a sanitary problem, wouldn't they? I mean all held back because of
that, if they couldn't get sewage.
Watson: Mr. Mayor, we -- when the developer first came to us I think in maybe February, I
had some people go out and count the number of houses that were actually occupied and
do some flow monitoring and the flows are lower than what we projected for Vienna
Woods. The timing of all this is such that Vienna Woods would have to completely build
out in the next three months to commit all the available capacity thafs currently existing.
The White Trunk is well under construction. I have gone through this whole timing
scenario in pretty much fine detail to make sure it would work. I wouldn't come to you if I
knew it wouldn't work.
Corrie: Well, I just wanted to make sure that if they build houses that they could be able to
get on the sewer line and go with it, rather than sitting there waiting.
Watson: Sure.
Corrie: Anything else from Council?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the first agenda consent to annexation agreement for
Edinburgh Place No.2.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the first amendment with
the correct legal description. Any further discussion?
Watson: Mr. Mayor, 11m sorry.
Corrie: Please.
Watson: I just want to be completely clear on my direction. If this is approved, in my mind
that says that I can approve the water and sewer plans and that they can provide proceed
with construction.
Corrie: Okay. That's what it says. Okay. Roll-call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Meridian City Council Meeting
June 18, 2002
Page 7 of 61
Watson: Thank you.
L. Appointment of Impact Fee Committee Members and Administrator:
Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members
and Administrator. My recommendation to the Council is -- on the members of the Impact
Fee Committee, there was a mistype on that Jim Keller is a member of the Meridian Parks
and Recreation Committee, not the department. And so I would like to submit the names
of Keith Borup, builder; Phil Krichbaum at JUS Engineers; Gene Strate, Ada County
Association of Realtors; Jim Keller, Meridian Parks and Rec. Commission, Dave
Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and
Zoning Department. Those are the names that I would like to have on the Impact Fee
Committee for consideration of the Council and then on the administrator I would like to
have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator.
So I will stand for any questions as to the appointments.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: No. I'd move the approval of those specific members to the City of Meridian Impact
Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator.
Bird: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, roll-call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 7:
Resolution No. : Approve Lease Agreement with
Boys & Girls Club of Ada County, Inc. for use of old Meridian Police
Department building:
Corrie: Resolution, Item No.7. Resolution 02-376, approval of a lease agreement with
Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department
building. At this time I'd like to have the Clerk read the Resolution by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376. A
Resolution of the City of Meridian -- excuse me -- a resolution of the City Council of the
City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter
into on behalf of said municipality, an agreement entitled Lease Agreement between the
City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc.
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Meridian City Council Meeting
June 18,2002
Page 8 of 61
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve Resolution No. 02-376, approve the lease agreement with
the Boys & Girls Club of Ada County for the use of the old Meridian Police Department
and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All yeas. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 8:
Resolution No. : Approve Lease Agreement with
Department of Corrections Parole & Probation for space in new
Meridian Police Department building:
Corrie: Item No. 8 is a Resolution to approve the Lease Agreement between the
Department of Corrections Parole & Probation for space in the new Meridian Police
Department building. Mr. Nary.
Nary: Mr. Mayor, lid ask that we table Item No.8, Resolution No. 02-377 -- or do we give it
a number since we -- okay. That we table Item No.8, the Resolution for the Lease
Agreement until our next meeting of June 24th.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Resolution No.
Resolution:
Prosecutor Cross Oeputization
Corrie: No.9, Resolution -- and I must assume that ifs going to be 02-377, which is a
Prosecutor Cross-Deputization Resolution. If the Clerk would read that by title of the
resolution.
Meridian City Council Meeting
June 18t 2002
Page 9 of 61
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-377. A
Resolution of the City of Council of the City of Meridian rescinding the authority of any
other agency, prosecutors, or their designees, ratifying and confirming the authority of the
Garden City prosecutor or his/her designee; the Boise City prosecutor or his/her designee,
and the Ada County Prosecuting Attorney or his/her designee, to act on behalf of the
Meridian city attorney legal department by prosecuting cases on behalf of Meridian City
and providing an effective date.
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Just for the record, I was going to abstain on Item No.9, since I'm one of the
designees designated by this resolution, so --
Corrie: Okay. Any other discussion? Okay. I'll entertain a motion on Resolution No. 02-
377.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve Resolution 02-377, Prosecutor Cross-Deputization
Resolution.
Corrie: Do I hear a second?
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to approve Resolution No. 02-377.
Any further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, abstain; de Weerd, aye; Bird, aye.
Corrie: Okay. Resolution No. 02-377 is approved.
MOTION CARRIED: THREE AYES, ONE ABSTAIN.
Item 10:
Ordinance No. : Amending Ordinance No. 01-
908 Vallev Shepherd Church of the Nazarene AZ 00-018 - Corrected
Legal Description:
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t.
c-
Meridian City Council Meeting
June 18,2002
Page 10 of 61
Corrie: Item No.1 0 is Ordinance No. 02-953. This is an Ordinance amending No. 01-908,
Valley Shepherd Church of the Nazarene, AZ 00-018, corrected legal description. So, Mr.
Clerk, if you would, please, read Ordinance No. 02-953 by title only.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- excuse me, Mr.
Mayor. Could I ask the attorney a question? According to the document, when we are
amending another ordinance, do we assign it a new number?
Nichols: Mr. Mayor, Members of the Council, Mr. Clerk, I would assign it a new number,
because it's -- even though it amends the old one, I'd still assign it a new number, just to
keep it straight on the books.
Berg: Thank you, Mr. Mayor. I just wanted to double-check. Members of the Council, an
Ordinance of the City of Meridian, Meridian, Idaho, amending Ordinance No. 01-908,
amending the legal and finding that certain lands be known as the location of Valley
Shepherd Church of the Nazarene lies contiguous or adjacent to the city limits of the City
of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request
for annexation in writing to Council that said land be annexed to the City of Meridian and
zoning designed Medium Density Urban Residential District (R-8) and declaring that said
lands by proper legal description will be a part of the City of Meridian, County of Ada,
State of Idaho, repealing all ordinance, resolutions, orders, or parts thereof in conflict
herewith, and directing the city engineer to add said property to the official maps of the
City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified
copy of the ordinance and map of the area to be annexed to the Ada County recorder,
auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho,
pursuant to Idaho Code Section 50-223 and Section 53-2215. This is Ordinance No. 02-
985B.
Corrie: Okay. You have heard the reading of Ordinance No. 02-953 by title only. Is there
anyone from the audience that would like to have it read in its entirety? Hearing none, I
will entertain a motion from the Council.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve Ordinance 02-953, amending Ordinance No. 01-908, and for
the Mayor to sign and the Clerk to attest, with suspension of rules.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded on Ordinance 02-953. Any further
discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Motion is carried.
/
Meridian City Council Meeting
June 18, 2002
Page 11 of 61
MOTION CARRIED: ALL AYES.
Item 11:
Ordinance No. : Amending Ordinance No. 01-
938 Locust Grove LOS Church AZ 01-019 - Corrected Legal
Description:
Corrie: Item No. 11 is an Ordinance No. 02-954, amending Ordinance No. 01-938 for
Locust Grove LOS Church, AZ 01-019, corrected legal description. Mr. Clerk, if you will
read the Ordinance No. 02-954 by title only at this time.
Berg: Thank you, Mr. Mayor and Members of the Council. Ordinance No. 02-954, an
Ordinance of the City of Meridian, Idaho, amending Ordinance No. 02-938, to amend the
legal description and finding that certain land to be known as the location of the Locust
Grove LDS Church lies contiguous or adjacent to the city limits of the City of Meridian,
County of Ada, State of Idaho, and finding that the owner has made a request for
annexation in writing to the Council and that said land be annexed into the City of
Meridian and zoning designated Neighbor Business District (CN) and declaring that the
said land by proper legal as described below be a part of the City of Meridian, County of
Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in
conflict herewith and directing the city engineer to add said property to the official maps of
the City of Meridian, Idaho, and directing the Clerk of the city to file a certified copy of the
ordinance and map of the area to be annexed with the Ada County recorder, auditor,
treasurer, and assessor and the State Tax Commission of the State of Idaho pursuant to
Idaho Section 50-223 and Section 63-2215.
Corrie: Thank you. Is there anybody from the audience that would like to have Ordinance
No. 02-954 read in its entirety? Hearing none, I'll entertain a motion on the ordinance.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move we approved Ordinance No. 02-954, amending the Ordinance 01-938,
for the Locust Grove LDS Church, corrected legal description, Mayor to sign and Clerk to
attest, with suspension of rules.
McCandless: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll-
call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
(
Meridian City Council Meeting
June 18,2002
Page 12 of 61
Item 12:
Tabled from June 4,2002: Ordinance No. ZA 02-001
(Amberstone Zoning Amendment) Request for amendment to Zoning and
Subdivision Ordinance by Jim Jewett and B & A Engineers:
Item 13:
Tabled from June 4,2002: AZ 02-003 Request for annexation and zoning
of 3.84 acres from R-1 to R-8 zones for proposed Amberstone Subdivision
by Jim Jewett - south of West Cherry Lane and south of North Summertree
Way:
Item 14:
Tabled from June 4, 2002: PP 02-002 Request for Preliminary Plat
approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8
zone for proposed Amberstone Subdivision by Jim Jewett - south of West
Cherry Lane and south of North Summertree Way:
Corrie: Item No. 12 is tabled from June 4th, 2002. Ordinance No. 02-955, AZ 02-001,
Amberstone Zoning Amendment, request for amendment to the Zoning and Subdivision
Ordinance by Jim Jewett and B&A Engineers. So if the Clerk would read the Ordinance
02-955 by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-955, an
Ordinance of the City of Meridian amending Section 2 of Chapter 2 of Title 11 Definitions,
provided for additional definitions, deletion of definitions, and revising definitions and
amending Subsection A of Section 1 of Chapter A, Title 11, residential zoning schedule of
use control to add additional language and delete language or amending Section 1 of
Chapter 9 of Title 11, zoning schedule and coverage control to delete language and add
additional language and amending Section 7 of Chapter 1 0 of Title 11, duplex minimum
size and garage requirements to change the title and to add language and delete
language and amending Section 0-1 and 2 of Section 6 of Chapter 4 of Title 12, zero lot
line and building lots and to add language and delete language and enacting a new
Section 14 of Chapter 4 of Title 12 to title common drive design standards and amending
Subsection 6, Section 2 of Chapter 6 of Title 12, planned development standards to add
language and delete language, amending Subsection A of Chapter -- excuse me of
Section 4 of Chapter 6 of Title 12, residential uses to add language and delete language
of the zoning regulations of the subdivision and development ordinance of the Meridian
City Code, providing for conflicts to be repealed and rescinded and annulled and providing
validity, providing a savings clause and providing an effect date.
Corrie: Okay. You have heard the reading of Ordinance No. 02-955 by title only. Is there
anyone from the audience that would like to have the ordinance read in its entirety? Okay.
Hearing none, Council, I'll entertain a motion on Ordinance No. 02-955.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve Ordinance 02-955 for Amberstone Zoning Amendment, for
the Mayor to sign and the Clerk to attest, with suspension of rules.
Meridian City Council Meeting
June 18,2002
Page 13 of 61
McCandless: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion?
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: In looking at this ordinance, it's about 30 pages long or more. My assumption, of
course, we would doing a summary, but I believe the state code says that we are
supposed to approve the summary.
Nichols: Mr. Mayor, Members of the Council, that's correct. The summary has to be
approved by Council before it can be published in the newspaper.
Nary: Where is the summary?
Nichols: Mr. Mayor, Members of the Council, I don't know if the summary got over here. I
don't know if we forgot to do it. We spent -- to go through this code and amend each of
those provisions took more time than we had anticipated and if the summary didn't get
here, I apologize.
Nary: Mr. Mayor, maybe process wise, we certain can have the summary on our next
meeting and approve that then and I think its printed, I just -- we need to approve it and it's
just a matter of approving it -- we can certainly approve it at our next meeting, I think that
would be adequate.
Bird: We could go ahead and pass the ordinance.
Nary: Right. We can approve the summary by resolution at a later time and pass the
ordinance.
Corrie: Any further discussion? Okay. Roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Mr. Nichols, we will probably have that by the next meeting, the
24th?
Nichols: Yes, Mayor.
MOTION CARRIED: ALL AYES.
Corrie: Okay. Thank you. Approve the amendment. Okay. Approve the ordinance now.
Item No. 13 is tabled from June the 4th, request for annexation and zoning of 3.84 acres
from R-1 to R-8 zones for proposed Amberstone Subdivision by Jim Jewett, south of
Cherry Lane and south of North Summertree Way. At this time I will invite staff to give us
comments on the tabling and what led up to that.
Meridian City Council Meeting
June 18,2002
Page 14 of 61
McKinnon: Mr. Mayor, Members of the Council, I have the area highlighted on the
overhead, if you could take a look at it, it just shows that it's south of Cherry Lane
approximately a quarter mile to the east of Black Cat and Cherry Lane intersection. You
can see in the photographs that this is Cherry Lane, across the street is a subdivision. The
property currently sits as a piece of vacant pasture land. The project itself is a 19 lot
subdivision -- well, 19 unit subdivision and a common lot that's in the center of the project.
The lots that are immediately adjacent to Cherry Lane running back halfway through the
project are attached single family dwellings. They are essentially duplexes that each exits
on their own lot, so that a person can buy half of the home. Each have their own exits and
entrances. The remaining parcels -- these are the nine parcels on the south half of the
project, those are detached single family homes that meet the R-8 standard. This is not a
planned development, this is a project that meets all the requirements of the ordinance,
except for one, essentially, and that would be that the project itself does not provide for a
35 foot wide landscape buffer that is required per our landscape ordinance on Cherry
Lane. At the last meeting I know there was some discussion and I have reviewed the
minutes and there was discussion as to whether or not the proposed 25 foot wide
landscape buffer adjacent to Cherry Lane would be adequate. The applicant provided the
overhead that you see above you. The applicant can provide more information on that
issue and went through the different subdivisions that exist on Cherry Lane and found out
the exact width of those buffers and determined that the majority, if not all, of the
subdivisions do not meet that 35 foot required landscape buffer. That's a synopsis of the
project and ask if there is any questions. I know that there was some discussion at the last
meeting about this. If there is any additional questions I would be welcome to answer
those at this time.
Corrie: Questions from Council?
Bird: I have none.
Corrie: All right. Thank you. Council, any other comments for the request for annexation
and zoning? Okay. Is Council ready for the request of -- the annexation and zoning
request? If there is no objection, I'll entertain a motion for the annexation and zoning
request.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move the approval of AZ 02-003, request for annexation and zoning of 3.84 acres
from R-1 to R-8 for proposed Amberstone Subdivision.
Bird: Second.
Corrie: Okay. Motion and second to the request for annexation and zoning. Any further
discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Meridian City Council Meeting
June 18, 2002
Page 15 of 61
Corrie: All ayes. Motion for annexation is approved.
MOTION CARRIED: ALL AYES.
Corrie: Item No. 14 is tabled from the June 4th, request for preliminary plat approval of 19
building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed
Amberstone Subdivision by Jim Jewett. Staff comments.
McKinnon: Mr. Mayor, Members of the Council, I would just echo my previous comments.
Corrie: Okay. Council, any questions?
Bird: I have none.
Corrie: Okay. Hearing none, 1111 entertain a motion on the request for preliminary plat.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move the approval of PP 02-002, request for preliminary plat approval of 19
building lots and 2 other lots on 3.84 acres for proposed R-8 zone for proposed
Amberstone Subdivision and for counsel to prepared Findings of Facts and Conclusions
of Law and Decision and Order and for the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the request for preliminary
plat. Any further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 15:
FP 02-005 Request for Final Plat approval of 22 building lots and one other
lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by
Wildwood Development LLC - on East Wilson Lane, east of South Locust
Grove, south of East Fairview Avenue:
Corrie: Item No. 14 -- 15, excuse me, is a request for final plat approval of 22 building lots
and one other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision by
Wildwood Development, LLC, on East Wilson Lane, east of South Locust Grove and
south of East Fairview Avenue. Staff comments.
Meridian City Council Meeting
June 18, 2002
Page 16 of 61
McKinnon: Thank you, Mr. Mayor, Members of the Council, hopefully you received a
memorandum that I sent to you last week that was to be included with your packet. If you
didn't receive it, the -- which is for the motion of the memorandum itself was that Cooper
Canyon, the subject property, has not yet been annexed by the City of Meridian, a
development agreement has not been signed by Christian Lee, developer. A development
agreement has been sent to him, I have had a phone conversation with him, he did not
realize that it was even on the agenda tonight and he was well aware that the annexation
had to take place prior to the final plat approval and at this time if we could table this
project until such time as the annexation has time to take place, we as staff would
appreciate that.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: What date would the annexation and zoning be coming forward?
McKinnon: Mr. Mayor and Council, in my discussions with the developer we had no
specific time table for that development agreement to come forth, so at this time I think we
would have to table it to a date to be determined.
Nichols: Mr. Mayor?
Corrie: Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, I recommend that you table it to a date
certain, even though the developer may not have it ready by then. If they are not ready by
then, we can table it again if you so choose. Mr. Mayor, Members of the Council, there is
no definitive deadline as far as when you can table it to. The only statutory requirement is
you hold a hearing within -- an open hearing within 45 days of receipt of recommendation
from the Planning and Zoning Commission, which you have done. Because this is not
even a hearing, this is a final plat, which is done without public hearing. So if you want to
table it for a month, two months, that's acceptable, there is no prohibition against doing
that. I would caution this, though. If you table it for two months and they get everything
ready next week, you can't then take it up again until that time, as far as I am aware.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: Could we table this until July 16th and at least allow staff to get back to us on a
date if that doesn't work. So I would make the motion that we table the request for final
plat for Cooper Canyon Subdivision to July 16th, 2002.
McCandless: Second.
Meridian City Council Meeting
June 18,2002
Page 17 of 61
Corrie: Motion has been made and seconded to table the final plat on Cooper Canyon
Subdivision until 7/16 of '02. Any further discussion? All those in favor of the motion say
aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 16:
FP 02-006 Request for Final Plat approval of 8 building lots and 11 other
lots on 113.15 acres in an L-Q for Touchmark Living Center Subdivision
by Touchmark Living Center of the Treasure Valley - south of East Franklin
Road and east of South Eagle Road:
Corrie: Item No. 16 is a request for final plat approval of eight building lots and 11 other
lots on 113.15 acres in an L-O for Touchmark Living Center Subdivision by Touchmark
Living Center of Treasure Valley, south of East Franklin Road and east of South Eagle
Road. Staff comments.
McKinnon: Thank you, Mr. Mayor, Members of the Council. On the overhead in front of
you you can see the location of the project. This is a project that was actually in front of
you for preliminary plat last month and approved by you on May 15th. It's a large
retirement community called Touchmark. At the final buildout it will be approximately 700
to 750 units for dwelling. That's all different types of dwelling units from single family to
multiple family to assisted living. There are some commercial lots within the subdivision.
As you can see on the overhead in the information that's been provided to you, there are
eight building lots and 11 other lots. The property itself -- I'm not sure if you can make it
out. You can see that the preliminary plat for this project and the final plat essentially is to
dedicate the right of way. You can see the roadways that run off of Franklin and attach to
the rear of the St. Luke's to the left of this overhead. It runs down -- you can see very
lightly in about the half -- half darkened area in the very south of the project you can see
that there is a small cul-de-sac and there is a roadway that goes through there. The
developer is intending on owning all of these homes and so you won't see another
preliminary plat come through with all those, unless they change their mind at this time.
So the approval of this would allow them to continue forward with the rest of their project
and ask if there are any questions at this time.
Corrie: Thank you. Questions, Council?
De Weerd: I have none.
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion on the request for final plat approval of
Touchmark Living Subdivision.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
(
(
Meridian City Council Meeting
June 18,2002
Page 18of61
De Weerd: I move that we approve the request for final plat of eight building lots and 11
other lots on 113.15 acres for Touchmark Living Center and to ask the attorney to draw up
the Findings of Fact and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Motion has been made and seconded to approve the final plat for Touchmark
Living Center Subdivision. Any further discussion from Council? Hearing none, roll-call
vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All yeas. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 17:
Public Hearing: AZ 02-009 Request for annexation and zoning of 1.00
acre from RUT to L-Q zones for the proposed Meridian Fire Department
Locust Grove Substation property by the City of Meridian - 3545 North
Locust Grove Road
Corrie: Item No. 17 is a Public Hearing. This is a request for annexation and zoning of one
acre from RUT to L-O zones for the proposed Meridian Fire Department Locust Grove
Substation property by the City of Meridian, 3545 Locust Grove Road. At this time I will
open the Public Hearing and invite staff's comment first and then I'll give instructions on
the Public Hearing.
McKinnon: Thank you, Mr. Mayor, Members of the Council. As you stated, this is just an
annexation request by the Meridian Fire Department for the new location for a substation.
The subject property is located on the west side of Locust Grove Road approximately
1 ,500 feet north of Ustick. The property is contiguous to the City of Meridian. To the east
of this project is the Summerfield development across the street. The requested zoning
designation is an L-O zoning designation, which in compliance with the Comprehensive
Plan and would not require that the fire department come back to you with a Conditional
Use Permit for approval of this project. In the annexation one issue that I would like to
point out is that we would like to have this limited to only being used for public uses. If
there was any other use proposed for this site in the either future, it would have to come
back through the Conditional Use Permit process. With that, there is no other information
that I wish to give you at this time and ask if there is any questions.
Corrie: Okay. Thank you. Any questions for staff? Okay. This is a Public Hearing. I have
opened the Public Hearing. The City of Meridian is the one requesting the annexation. I
would assume that your comments are for the City of Meridian.
McKinnon: Yes.
Meridian City Council Meeting
June 18,2002
Page 19 of 61
Corrie: Okay. Is there anybody from the audience that would like to give testimony on this
request? Yes, sir. Raise your right hand. Is the testimony you're about to give the truth,
the whole truth, and nothing but the truth, so help you God?
Marchello: Yes, it is.
Corrie: Name and address, please.
Marchello: Thank you. I'm Ivan Marchello, I am the property owner right -- this piece of
property right here, right across from it. Basically, just some questions that I have about
the usage of that. Some of the homeowners -- like I know with the fire stations you have
such as a warning light that a fire station is there. Where would that light be located at?
We also have a concern about the fire department -- I don't know -- I guess it's law or
code when they come out, like if at 2:00 in the morning they have a call when they come
out sirens blaring, those are the type of questions that we have. Also coming back to the
station with the jake brakes, whether or not that that would be allowed. Also what will
happen with the road expansion there? Will we see some type of road improvements? Will
that be required with having a fire station there? So we have a lot of questions that we
would like to -- you know, that I would like to see. I'm more than happy to have a fire
station there, I think it's a great thing what the fire department does, but we'd like to take a
look at the impact and see how we can be good neighborhoods with them and they with
us. Also maybe -- I donlt know if it's this meeting, but are we going to break through on
Locust Grove heading northbound? Is that going to go all the way through in the future
because of the fire department there so that they have access to further routes up north?
What are some of the things that we can expect to see with regards to road widening and
how far north -- I believe South Locust Grove is going to go all the way through to, what is
it, Fairview or Franklin, so those are the type of questions that we have. What type training
will be going on there. Possibly when. And the properties around it, what is that zoned for?
What can we expect to see the City of Meridian allow to be placed there, since the fire
department will be there. We have the church there, but will they allow other businesses,
such as machine shops or different things like that? It was just -- I just had questions
about the zoning of that area. I want to be a good neighbor, but I want to be informed
about what's going on, so we can get our input with the neighbors and see what we can
do to work together. So that's pretty much where we are at.
Corrie: Okay. You have a number of questions there, some we can answer and some of
them we don't know the answer to, but you will have a chance -- with the zoning, when
they come in, you will have a chance for a Public Hearing. Kenny, do you want to answer
any of that on sirens at 3:00 in the morning and --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Marchello, what's your address?
Marchello: 1663 East Summer Ridge.
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Meridian City Council Meeting
June 18, 2002
Page 20 of 61
Nary: Thank you.
Marchello: You're welcome.
Corrie: Kenny.
Bowers: Mayor Corrie and City Council Members, some -- the questions were very good
questions, because it comes up every time there is a fire station built. I cannot answer any
of the questions on when the road will be widened, what is happening with the roads,
that's up to Ada County Highway District. I do know they won't be widening the road just
for the fire department, that's not -- that will not be in our work on that part. We will have a
-- we will send out notices to the neighborhood and have a neighborhood meeting to invite
all these people in and go through these same questions again with the same
neighborhood on when we train, when we do our truck checks in the mornings, when we
start our saws to run them, basically everything we have learned from our Ten Mile station
out there, that we move things closer to noon time to do all of our truck checks, we don't
go late at night and we don't go first thing in the morning. Sirens, we do not run sirens out
of the garage or out of our shop at 2:00 or 3:00 in the morning. We wait until the truck gets
pointed on Ten Mile, anyhow, north and south until we turn on the sirens. So most of the
time now, unless the traffic is real heavy, we will not run the sirens coming out of the
station. I cannot answer any questions on what the area is zoned for already. I can't say if
there is machine shops or not, I don't have any idea on that part. The flashing light. We
have done very well without any lighting or flashing light on Ten Mile as of now. It's been
working out very well. In the future when they widen Ten Mile -- or, excuse me, widen
Locust Grove to five lanes, if that's what they plan on, that's probably when we would
have to put a light in or blinking light at that time. But we would like to get the
neighborhood together, like I said before, and discuss the fencing, what kind of fencing we
can use for, what colors on the building, what brick or what we can use on the building, so
it will kind of blend in with the neighborhood and we advise -- we have advised a lot of the
neighborhood people already to run by our Ten Mile station and look at it and see how it
blends in with the neighborhood out there.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Chief, approximately what kind of time table do you think that station would be built,
actually operating?
Bowers: Mayor Corrie, City Council Members, Councilman Nary, what we would -- just in
the few talks that we have had on it, ies possibly -- if we could start in March or April, start
on the building, it would take four, five, six months to build, so later on in our year we
would possibly have it open.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
Meridian City Council Meeting
June 18, 2002
Page 21 of 61
McCandless: Chief, you're very very close on Ten Mile to all the subdivisions out there.
You're right next to them, as a matter of fact. You haven't had any complaints out there
about your operations, have you?
Bowers: Mayor Corrie, City Council Members, Councilwoman McCandless, yes, we have
had one complaint. We have a Boise policeman that lives straight out our bays on the
other side and he works at nighttime, so he tries to sleep in the morning. So we have
changed our truck checks and we have not run our siren as much, like I said, out in the
morning and I think we have pleased him so far. He's only called once, so --
Corrie: Okay. All right. Thank you, Kenny.
Bowers: Thank you.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: If Mr. McKinnon could cover the zoning, what has been annexed in that area
and maybe what is designated on the Comprehensive Plan.
McKinnon: Thank you, Mr. Mayor, Council Member de Weerd, I can discuss both of those
issues really quick, if you like. To the northwest of this property is a project that was
recently approved by Council, I believe it was your last meeting, the Heritage Commons
Subdivision, which is a large planned development at the northwest corner. If I had a
pointer I could point to it. les just the upper left-hand corner there. It's approximately 75
acres with homes. This is a commercial six acres, approximately, on the center line -- I'll
grab a pointer here really quick. Right there. This is where Heritage Commons is right
now. The property above to the north is the -- this is the high school that -- it's not the
alternative high school, it's a charter high school, and we will probably see something
similar into the development, either expansion of the charter high school or similar type of
educational development in this location. This yellow highlighted area right here is Park
One Meadows and I can remember the name of the smaller project that's adjacent to it
there. The Jones Place, something to that effect. The rest of the property in this area is
slated on the Comprehensive Plan -- current Comprehensive Plan, which is the 1993
Comprehensive Plan, as the new comp plan hasn't been adopted yet, it shows that as
single family residential. So more of the same. Currently it's zoned RUT, which is up to
one home for five acres of land. So you see quite a few people that are still in the county
with livestock. To the north there is two parcels of ground. They are not included as part of
the Heritage Commons project and they are discussing what they would like to do with
that property at this time, whether they want to maintain it in the location that it is, but I
have no knowledge of any applications that has been submitted for those projects at this
time. The property to the north is where you will see some commercial, but that would be
restricted to office-type uses and no drive-ins. That's all part of the Heritage Commons
project.
Marchello: And you're speaking of the area that's possibly for some small commercial
being the -- that lot north of the two lots north of the fire station?
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June 18,2002
Page 22 of 61
McKinnon: That's correct. If you follow my laser pointer and just go directly following that
same line straight up, this is where the access driveway for the subdivision will be and
then the commercial would be to the north.
Marchello: Is there anyplace on the map that you're showing there that is slated for any
type of apartment buildings being built?
McKinnon: We haven't received any applications for apartment buildings in this location, in
this vicinity.
Marchello: It is still a possibility that that could occur? Just because you have received
applications for them, doesn't mean that they arenlt going to happen or that they -- that
they could not. That's, I guess, what 11m -- could they still apply for those in those
locations?
McKinnon: Under the current existing 1995 Comprehensive Plan it would not comply with
that part of the Comprehensive Plan. So under the Comprehensive Plan that we have
right now, in order to make a finding that it complies with the Comprehensive Plan, the
answer would have to be no. In order give you an answer as to whether or not something
in the future could happen there, I have no ability to do that.
Marchello: All right. And so, then, that lot up in the top right, I guess, where you have the
pointer on -- 11m sorry, on the west side of Locust Grove up there is where we'd only -- that
would be the light commercial, that we would see nothing south of that lot line there --
right? Nothing south of that would be for any commercial use, zoned or otherwise?
McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, we have not received any
applications for that, so we have nothing and in our new Comprehensive Plan, it does
show this area as a neighborhood center, which would go around this location, but as of
right now it's not adopted.
Marchello: If you do receive application for that, what, then, is the process? They bring
that before you? So it could -- it could possibly happen that they could seek permit for that
type of a structure south of where we have been discussing?
McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, only with a Conditional Use
Permit. You would receive notification for that. And those uses that would be located
adjacent to the subdivision there would have to be uses that would be associated with that
type of development, so that the people using those commercial properties up to north,
those would have to be something that the people in the aforementioned project would be
using. So itls not going to be heavy commercial.
Marchello: Right. So if, for example, you had some sort of a machine shop up north and
they said we need a warehouse, can we get a conditional permit usage for a little bit
further south, that would nit happen?
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June 18, 2002
Page 23 of 61
McKinnon: Mr. Mayor, Members of the Council, Mr. Marchello, under the current zoning
ordinance and the current Comprehensive Plan that answer would be, no, it would not
follow compliance with that. If there was a request made for that, we would have to
process that and the Council would have to make a final determination as to whether or
not that is appropriate. There is ordinances in place that would say that it is not at this
time. There is always an exception for variances if they meet the requirements for
variances, but that's an issue that would have to be discussed at the time of the
application.
Marchallo: Okay. Thank you.
Corrie: Is there anyone else from the audience that would like to issue testimony? Okay.
Hearing none, I will -- if Council has anything that they'd like to discuss at this point?
Bird: I have none.
Corrie: Hearing none, I'll entertain a motion to close the Public Hearing.
Bird: So moved.
De Weerd: Second.
Corrie: Motion made and seconded to close the Public Hearing. Any further discussion?
Hearing none, all those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Council, discussion on the annexation and zoning request?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: We had a number of conversations about the need of a fire department and a
fire station in this area, so I think that is well substantiated, but I think also the station at
Ten Mile is a good example of how it can be friendly to a neighborhood and how they are
sensitive to the neighbor's concerns. So with that I would make a motion that we approve
the request for annexation and zoning of one acre from RUT to L-O for the proposed
Meridian Fire Department on Locust Grove Substation and for the attorney to draw up
Findings of Fact and Conclusions of Law and Decision of Order.
Bird: Second.
Corrie: Motion has been made and seconded to approve that annexation and zoning AZ
02-009. Any further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Meridian City Council Meeting
June 1812002
Page 24 of 61
Corrie: All ayes. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 18:
Item 19:
Item 20:
Public Hearing: AZ 02-005 Request for annexation and zoning of 196.20
acres from RT to R-4 zones for proposed Tuscany lakes Subdivision by
Gem Park II Partnership - west of South Eagle Road and south of East
Victory Road:
Public Hearing: PP 02-006 Request for Preliminary Plat approval of 455
single-family lots, 38 common lots and 1 other lot on 190.47 acres in a
proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park
II Partnership - west of South Eagle Road and south of East Victory Road:
Public Hearing: CUP 02-006 Request for a Conditional Use Permit for a
Planned Unit Development consisting of 353 buildable lots and 31 common
lots on 138.88 acres for proposed Tuscany lakes Subdivision by Gem
Park II Partnership - west of South Eagle Road and south of East Victory
Road:
Corrie: The next Items 18, 19, and 20, is -- Item 18 is a request for annexation and zoning
of 196.20 acres from an RT to R-4 zones for the proposed Tuscany Lakes Subdivision by
Gem Park II Partnership, west of South Eagle Road and south of East Victory Road. Item
No. 19 is a Public Hearing, which is a request for a preliminary plat for approval of 455
single family lots, 38 common lots, and one other lot on 190.47 acres in a proposed R-4
zone for the proposed Tuscany Lakes Subdivision. Item 20 is a Public Hearing, request
for a Conditional Use Permit for a Planned Unit Development consisting of 353 buildable
lots and 31 common lots on 138.88 acres for proposed Tuscany Lakes Subdivision, Gem
Park II partnership. At this time, with no objection of Council, I will open all three Public
Hearings and will be taking testimony and you can give testimony on all three if you so
desire to add them all together. We will do the Public Hearing -- I will have staff comments
first and then we will have the developer comments and then we will have the public
testimony. After that and after the public is through testifying, we will have the -- any
questions that come up to the developer to answer those questions. I think -- okay. We
don't have a lot of people here, so we will give the developer ten minutes at the most to
give their testimony on the Public Hearing on these three and then five minutes for the
public to testify and then give whatever time is necessary to answer any questions that
come up. So our time keeper will be Mr. Nary and at this time I will invite staff to give their
comments first on the Public Hearing.
McKinnon: Thank you, Mr. Mayor, Members of the Council. I'll start with the overhead.
This is another project -- you can't see the highlighted area very well, but you can see
from the overhead this area is essentially farmland at this time with a number of smaller
homes located throughout the square mile area between Victory Road and Locust Grove
in Eagle. This is a little easier to determine the area. When you saw this project last year
under the same name, Tuscany Lakes, this 40 acre parcel adjacent to Eagle Road was
not part of the application. This is one of the major differences between the original
application. Just to touch on a couple other major changes from the last time you saw this
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Meridian City Council Meeting
June 18, 2002
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application. They have decided to move the school site from this location to the north, it's
more centrally located now, and they have provided a new phasing schedule that would
allow phasing to start at the same time on all three major roads that would be an entryway
coming off of Locust Grove, an entryway coming off of Victory, and an entryway coming
off of Eagle Road that would lead to the school site. One other thing I'd like to bring up at
this time, before we go further into the application, but the application itself for the
annexation is for the entire area and the plat is for the entire area, but the Conditional Use
Permit for the Planned Development encompasses only that area that was included in the
original Tuscany Lakes. The 40 acre parcel adjacent to Eagle Road is not part of the
Planned Development. All home sites within this 40 acre parcel are in line with the
requirements for the requested zoning. The other area has lot sizes that meet the
minimum requirements, but their frontage requirements are less than what are permitted
under the typical R-4 zoning. Last year when the project was denied -- I'll just give you an
overview. I assume you have read the staff report, but just to tell you what the reasons for
denial were the last time. One was inadequate road structure. Second reason for denial
was that the subdivision would extend police and fire service further than acceptable limits
and I know both the fire department and the police department are here tonight and the
parks department are here tonight to offer comments concerning the city services for this
project. The third item that you used for denial in your Findings of Facts and Conclusions
of Law last year was that the parcel was contiguous to the city limits, but the original
phasing schedule started on the far west end of the project moving towards the part that
would be adjacent to the city and you felt that it would be better to start where it's already
adjacent to the city, rather than to work itself from the outside in. And the final reason for
denial at that time was that you decided it wasn't in the best interest of the city. So that's
just an overview of the reasons for denial from the last time. There is a couple overheads
showing you the site layout. As I showed you on the original overhead, it's essentially
farmland at this time. The land is bisected by numerous creeks and there will be three
bridges within the project. I'll point out where those are in just a moment. There is a large
group of trees -- and back to it. This is Locust Grove, to orient you. Locust Grove is right
here. We have the site that would run into Dartmore. There will be a detached ten foot
wide pathway system that would run throughout this part of the project. The applicant has
set this project up in essentially three different subdivisions. There is The Lakes, there is
The East, and there is The Hills section. The developer is here tonight. He can correct me
if 11m wrong. I believe that this section is The Hills section of the project.
Brown: Lakes.
McKinnon: Lakes. Thank you. It's The Lakes section of the project. The Hills section is in
the middle and then on the far side over here we have The East. But you can see that
these are two of the major bridges that we have crossing waterways and a third right here.
The project itself -- I don't know if these are the updated preliminary plats, but if you take a
look at the recommendations the developer has provided, the request did -- the requested
stub streets to the adjacent parcels as requested by the Planning and Zoning Commission
and by staff -- the park site -- not a park, but the school site, as I mentioned, has been
moved from the southern location to the northern location. It's been helped in part by
allowing this 40 acres to be included, which would allow a collector street to be brought
into this project. As far as the recommendation from the Planning and Zoning
Commission, the applicant has complied with those recommendations that you have in
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June 18, 2002
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front of you. There is a new well site located adjacent to Victory Road and the other major
issue that we'd like to address tonight has not been made in the changes to the
preliminary plat that you should have in front of you is that there was a request for a
pedestrian pathway in what was Block 19, which is now Block 20, a pedestrian pathway
leading to the school site, so the children in the northern area adjacent don't have to walk
all the way down and around to get to the school, so they could actually cut through to the
rear of the school. You should have the applicant's -- hopefully you have received the
applicant's position statement. There is a few issues I'd like to address before I turn the
time over to the other members of staff. Item number 18, that would be the parks
department, hopefully you all have this, where there is a requirement that was part of the
recommendation from the Planning and Zoning Commission to recommend a 20 acre
park on the one mile section adjacent to South Eagle Road. I reviewed both minutes from
both Planning and Zoning Commission meetings. This issue was not discussed by the
Planning and Zoning Commission in the meeting that Steve Siddoway attended, it was not
discussed in the meeting with Brad Hawkins-Clark in front of the Commission this item
was not discussed. In the staff report it is mentioned that the parks are wanting a 20 acre
park. It was not discussed. And I will let Tom address that and the applicant address that,
too, because according to our new Comprehensive Plan map in this 40 acres there should
be a 20 acre park. On the second page of their position statement, condition eight, page
three, staff agrees with the requested changes to the -- to the adding of the words in each
phase prior issuance of certificate of occupancy. Condition number ten, revised phasing
schedule, the applicant believes that the revised phasing schedule that starts on all three
locations at the same time meets the requirement for consecutive and successive phases,
whereas the previous time they started where it was not next to the City of Meridian. The
three phases, 1-A, 1-8 and then one, would also all start -- well, according to the applicant
it would be started at the same time and the rest of the phases as they come through
would come in consecutively and successively. Planning and Zoning Commission were in
agreement with that. Condition 12, page three -- we just received this today, so that's why
I'm going through verbally without a memorandum. Condition 12, page three, the applicant
would like the wording to be changed. The existing wording is the developer shall be
required to install all parkway trees within each phase of the development prior to
certificates of occupancy being issued. The developer has asked for a change in wordings
to require that the trees be placed in front of the house within 30 days of the occupancy
certificates being issued. This creates a situation for staff where we issue an occupancy
permit and then within 30 days later we would have to come back out a second time to
determine if they have installed the trees that were required. The reason why the
developer would not like to install all the trees at those times is because it becomes a
hardship for the developer to plant the trees prior to the design of the house and prior to
the building of the house. They would have to plant the trees, if there is any
rearrangement of the lot or rearrangement of the way the building is placed on the lot,
they would have to remove those trees prior to construction. So they would like to have
those trees placed in at sometime. I don't have any suggested wording, I just know that it
would create additional work for the staff to have to come back out and follow up after 30
days after certificate of occupancy has been issued. It seems like it's an extra layer of
work that could be handled in a different manner.
Nary: Mr. Mayor?
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June 18,2002
Page 27 of 61
Corrie: Mr. Nary.
Nary: Mr. McKinnon, can I ask you a question right here?
McKinnon: Absolutely.
Nary: On this issue, this is the condition that is in the Planning and Zoning
recommendation, the one that --
McKinnon: That's correct.
Nary: Okay. So -- and I don't see anything here -- I can ask the developer, but what was
discussed, if anything, at the Planning and Zoning Commission or was this just a
recommendation and that was just --
McKinnon: That was just a recommendation and that was concluded.
Nary: Did the developer raise that at the Planning and Zoning Commission?
McKinnon: Mr. Mayor, Councilman Nary, no, it was not brought up.
Nary: Thank you.
McKinnon: Mr. Mayor, Members of the Council, I will continue. Condition number 19. Just
a few things that I'd like to address with this. This is something that we as staff have
looked at and we realize that the wording may be a little top heavy in favor Mr. Young. I
will explain what I mean by that. If you take a chance to read through this -- through this
condition, essentially what it says is that there is a Mr. Young that lives -- let me give you
some background -- that lives immediately to the north of the driveway and he would like
to have his shrubbery that's currently on Locust Grove replaced when the road is widened,
because when these people exit -- when the people that live within Tuscany Lakes exit,
the headlights will glare right into his front room and he's requested that the applicant
provide new shrubbery for his home when it's removed for the widening of Locust Grove. I
have talked with Ada County Highway District right of way acquisition today. When Ada
County Highway District goes through and widens roads they do pave for the acquisition
of the land and the improvements that are on the land. That's a point of negotiation. Ada
County Highway District would be responsible for paying for the improvements that are on
the land that's being taken for the right of way acquisition. The applicant has agreed to
plant some trees and shrubs up at that location, but right now there is no plan in place for
the widening of Victory at this time. It's not in the five year program, so there is no known
time as to when those shrubs will have to be removed for the widening of Victory and so
we have an open-ended time frame for replacing shrubbery that could be removed at
sometime in the future. The developer may be long gone and turned over the approval of
this subdivision to the homeowners association and at that time Victory Road may be
widened and it would be the responsibility of either the homeowners association or the
developer in the future to replace those trees. So I think there needs to be some additional
wording, or some correction of the wording, or actually the placing of trees at this time that
would be outside of the future right of way to protect Mr. Young's property. I don't have a
Meridian City Council Meeting
June 18, 2002
Page 28 of 61
quick solution for that. The only way we could do it right now is to may be approximate
what the cost would be or plant the trees at this time and have that taken care of by the
developer prior to having it -- looking forward into the future at an determined date. The
other items that are of contention in the -- I guess would nit say contention. The other items
that they brought up in the findings and their recommendation to change the
recommendation of the Commission have to deal with the parks department and Tom
Kuntz is here tonight to address those issues in a little bit. He has some comments for you
tonight and after Tom is done lid turn some time over to our police department so they can
address their issues that they have with extending their service boundaries to the south of
Victory and then lid ask for just a moment more to give a final comment concerning
Tuscany Lakes and then ask if there is any questions.
Corrie: Okay.
Kuntz: Thank you, Mayor and Council. IIII keep my comments brief. The parks and
recreation staff recommended to the Planning and Zoning Commission that a 20 acre
parcel, as noted in our to be adopted city Comprehensive Plan and Park Action Plan show
a 20 acre park contiguous with Eagle Road and would best be suited in Tuscany East. We
ran some quick numbers today just on the number of single family households that would
be serviced by this 20 acre parcel between Tuscany, Sutherland Farms, Thousand
Springs, Sherbrooke Hollow, Salmon Rapids, Los Alamitos, Inglenook, and The Hollows.
There is approximately 1,700 single family houses in those subdivisions, not counting
Sportsman Pointe, which is to the west of Locust Grove with an additional 300 people.
The nearest parks would be a nine acre community park, Kiwanis Park, situated between
Thousand Springs and Los Alamitos and then, of course, the 18 acre park at Bear Creek
located off of Stoddard Road. But this 20 acre parcel would certainly address the need for
a community park to service those 1,700 households in those subdivisions. We have had
some discussions with the realtor in regards to some property to the south of Tuscany
Lakes, but due to financial constraints we would rather see this 20 acre site in this
development, so we can work out an arrangement to exchange the land for impact fees.
And with that I would stand for questions.
Corrie: Any questions?
Bird: I have none.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Tom, the issue where they said -- on the position statement of Briggs and what Mr.
McKinnon told us the position wasnlt discussed, was it in the recommendation at the
Planning and Zoning Commission, just not discussed?
McCandless: Yes, sir.
Nary: Okay. Thank you.
Meridian City Council Meeting
June 181 2002
Page 29 of 61
Corrie: Any other comments? Okay. Bill.
Musser: Mr. Mayor, Members of the Council, I'm here on behalf of Chief Worley this
evening, as I have done an initial review and have had contact with Dave McKinnon in
reference to this proposal and on May 2nd of this year I had written a letter to him at that
time with some issues that the police department did have, primarily being that we do not
feel that the current roadway infrastructure is sufficient to be able to handle additional
traffic which would be generated by this development as it basically puts pressure on the
two main arterials for commuting traffic, number one being Meridian Road, second being
Eagle Road, and Eagle Road would also be the primary, probably, for commuting traffic to
and from. Where there is no overpass yet for Locust Grove Road, there is no railway for
traffic to be offset at Locust Grove Road itself. The major reason for the concern with the
traffic in this area is the fact that while it is south of the main core area of town, that leaves
only two ways for the Meridian police department to be able to respond into this area, one
by Eagle Road, the second by Meridian Road or Highway 69 into this area so that we can
come in and respond to a public safety request or for general calls for service. In an
emergency situation at certain times of the day, in particular the morning traffic or in the
evening traffic when the commuting population is returning home to Meridian, it would
make it almost impossible to have any type of response which would even approximate
five minutes from the core area of the downtown area where we are located at this time.
That's another concern that we have is being able to make a timely response into this
subdivision and it will generate calls for services. Additionally, on top of the calls for
service we have been monitoring the collision increases that we have been having
specifically along Eagle Road corridor and we notice at this time along the corridor
extending from Fairview Avenue all the way passed the Victory Road area we are already
up 51 collisions and that's just from January through April of this year. We also have had
two collisions, one of those including personal injury to occupants of a vehicle at the
proposed access off of Victory Road, which apparently ties to the existing Thousand
Springs intersection at this point. We do have some concerns that that one may present
additional problems, too, with vehicle traffic collisions. As a result, one of the things I did
indicate on that, in reviewing the only traffic study I had available that was relevant to the
area, the one from the EI Dorado business campus, which was part of PP 02-020, and
that was dated on 11/29/01 and I quote: On the intersection from Eagle Road to Victory
Road, the intersection of Eagle Road and Victory Road is significantly impacted by the
development of EI Dorado and this intersection will require improvements to
accommodate traffic generated by this site. That's specifically referring to EI Dorado,
which is approximately a mile away. Taking into the fact that most traffic studies seem to
miss a single variable and that variable being that they don't include all of the
developments that are taking place, they just look at what the one requested development
would impact on the current traffic, I think we need to explore a possibility that this,
coupled with EI Dorado, coupled with Silverstone, coupled with the increases still ongoing
within Thousand Springs and the other adjacent subdivisions, will put additional wear and
tear on those roadway surfaces and create response time lags and have a significant
potential increase for collisions, which will result in, you know, injury to our citizens and
increased loss to property. And I'd stand for any questions.
Corrie: Any comments? Thank you, Bill. Any other staff comments? Fire department.
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Bowers: Mayor Corrie and City Council Members, I do reflect also the same questions and
answers that Bill was putting on with the -- this area we will have quite a few more calls
per a thousand people, basically, when this is built out, but our biggest concern is this
area right through here. We didn't know quite how their building phasing was going to go
in, if they would build this first and then go into here, we would only have one entrance
and exit for this part of the development. If they built here first and then went back here,
we would only have one entrance and exist out of this area, too. Another concern we have
is with three bridges, if by any chance in the future we do have an earthquake or so,
possibly these -- one or two of these bridges might go down, these people would not have
anywhere to get out at this time. So that is some our concerns in this area right here.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Chief, is there concerns -- are there concerns about just general response times
and the entrances and exits all that and just generally being able to provide fire service
out there?
Bowers: Our response times would lag quite a bit going to the far south of this -- of this
area until we build the other station on Eagle Road and when that would be we don't
know, Bill.
Nary: Okay. Thank you.
McKinnon: Mr. Mayor, Members of the Council, just a couple more comments and then I'll
finish and open this up for questions that you might have. Just a few issues I'd like to bring
up to you right now. The only road that we have in the five year work program with the
Ada County Highway District for road improvements at this time is Eagle Road. Eagle
Road would be widened from Overland to Victory to the north to a five lane road and that
should alleviate some congestion in the area, but currently we have a 25 foot wide road
on Victory Road -- well, Victory Road is right now currently just a 25 foot wide road. Locust
Grove itself is just a 25 foot wide road. Eagle Road currently as it is is a two lane road with
no curb, gutter and sidewalk, and we have no time projection for when those road
improvements will take place. So we are talking about very minor roads that in the future
will have to be widened to a much larger scale. Locust Grove would become a 90 foot
right of way with five lanes. Victory Road would be similar with 70 feet of right of way. And
Eagle Road is going to become a 96 foot wide roadway in the future. But right now we are
talking about developing the subdivision before all those improvements are in, so we have
what would be considered an under-improved road at this time with the additional amount
of traffic. The projected population that this will provide at build out is essentially 1 ,000,
give or take a couple hundred one way or the other. If you take the number of homes and
multiply that by the 2.9 number that we use from the census data, it essentially comes out
to being 1 ,000 people. So we are talking about a large addition to the City of Meridian. As
far as the Comprehensive Plan goes, we as staff support this type of use in this location.
This is the type of use that we projected for this location. We feel that the revised plan that
has been brought to you tonight is an improvement over the last project. The location of
the school is much better than it previously was. The addition of the 40 acres that would
Meridian City Council Meeting
June 18, 2002
Page 31 of 61
make this adjacent to Eagle Road provides for an additional exit and makes for a better
school location, because it would have a school on a collector. We as staff have some
questions as to whether or not this is actually contiguous and successive in terms of the
phasing schedule of having three phase ones, one on each of the major arterials, but as a
concept itself, that is what we project to see in the future in this location. This is single
family homes as they have provided and we think this is a good shot as to what we would
like to see in the future. With that I'd ask if there is any questions.
Corrie: Any questions from Council?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think in the original staff report there was some comments about wells and
fire flows and -- or water flows for fire pressure. Maybe Brad or Gary, can you address
those?
Watson: Councilmember de Weerd, Mayor and Council, are you speaking of the comment
that says that once the new Well 23 is on line fire flows will be adequate? Okay.
De Weerd: And the recommendation that a well be constructed on site, I believe.
Watson: Right. Well 23 is -- again, it's well under construction. It's in the Silverstone
Development and that's going quite well and it should be done this fall. They are providing
a well lot in the northwest corner right where Dave's pointing.
De Weerd: So those address your water concerns and also with that provide for adequate
water pressure for fire flows?
Watson: Councilmember de Weerd, Mayor and Council, correct, as long as the main lines
that are also included in that paragraph are constructed, the fire flows will be adequate.
Corrie: Any other questions from staff?
Bird: I have none.
Corrie: Okay. Is the applicant here tonight and wants to --
Brown: For the record -- oh.
Corrie: Is the testimony you1re about to give the truth, the whole truth, and nothing but the
truth, so help you God?
Brown: It is.
Corrie: Name and address for the record and then ten minutes.
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Brown: My name is Kent Brown. My business address is 1800 West Overland, Boise,
Idaho. Real quickly to go over the site -- I don't know if you can all see it from here. From
our last application we looked in trying to address the issues that were raised at the last
hearing. Some of the things that as you look at the overall site we created a loop instead
of cul-de-sacs and next to our lakes portion of the development we redesigned a portion
of this to have good -- better circulation. We moved the school site up. The school takes
access off of the residential collector. That dropped the vehicle trips on Victory Road by
1,000. We tried to address Mr. Young's issue that came up at the last hearing, the last
application with the Highway District. They still like where we had originally proposed our
road and so that's why we left it where it was. We added the 40 acre portion, which
allowed us the ability to get that Eagle Road connection and help our traffic flow better.
We have basically got three neighborhoods. We have got The Lakes that are in the -- from
Locust Grove to Eight Mile. We have from Locust Grove -- or from Eight Mile to Victory
and the school site is our Hills portion and then we have The East. The East is the portion
that doesn't have the conditional use on it. The developer of this is the same one that did
Thousand Springs. He's looking for similar type lots that were done in Thousand Springs.
We have a diversity of lot sizes that was brought up at our previous hearings before, so
that we -- but we still exceed the square footage for the zone. We have made the
modification from our last hearing to provide the stubs here into what was called in your
Comprehensive Plan your neighborhood community center that's in the -- on the Morgner
property to the north of us. We have provided the stub to the south that was required. We
have tried to provide as many stubs -- part of the difficulty that we have on the site is all
the water, the creeks and streams, and we have tried to take advantage of that by having
some nice ponds. I think it will be a nice amenity for the future. And I spilled Bill's water. I
apologize. Sorry about that. For fencing what we are looking at is fencing all of the
ditches, the Eight Mile, the Ridenbaugh -- I'm sorry -- from our residents, so that they --
Nichols: Mr. Mayor, could we take a break?
Corrie: We might have to.
De Weerd: Mr. Mayor, I move that we take a recess for ten minutes.
Bird: Second.
Corrie: Okay. Moved and seconded. All in favor say aye.
MOTION CARRIED: ALL AYES.
(Recess.)
RECONVENED AT 8:20 P.M.
Corrie: Okay. I will reopen the Public Hearing now. Kent, you may continue.
Brown: I'd like to -- from water amenities I'd like to move to our entrance onto Victory Road
real quick. Mr. Young lives here on this drawing. Mr. Allen lives over here. We have
aligned our road between the two homes. You1re seeing a picture of our northbound
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traffic. Here is approximately where the east side of our northbound lane would be and the
west side of our northbound lane that lines up with the property line between the Youngs
and the Aliens and -- Dave, if you could go to the next two pictures. This is looking west
from that location. Here is Mr. Young's shrubbery and the westbound Victory Road. The
next ones, David. This is eastbound. Here is the Allen's home over here. There is about
40 feet of landscaping on this side of our entrance where 'we would be. The next one,
Dave. This is -- if you're going to make the left-hand turn, this is what I could see as being
there and these are the shrubs that were called out that need to be replaced. That item
did come up before the Highway District. The Highway District did say that they would
replace those shrubs as a part of buying the ground. They offered to have them work with
us on that. Mr. Young wasn't interested in having shrubs out in the middle of his lawn, but
Mr. Johnson at the P&Z hearing did offer to put those shrubs in and we are still willing to
do that. I would like to turn the rest of the time over at Pat Dobie. He's here to speak about
the traffic issue, some of the ones that were brought up by your police department. The
one issue I would like to address is the one that the fire department brought up about the
section of The Lakes property. He stated a concern about the area between Eight Mile
and Ten Mile Creek as we only have one collector level road that enters there. There
wouldn't be any parking, but, yes, there would be only one bridge. We could provide a
temporary one. There is already a bridge located at this point. We could put a nonbuild on
one of those lots and we could provide him a secondary means from that and I think that
that would address the concern that he has. I would like the opportunity just to work with
the fire department to address those secondary concerns. We are taking sewer through
the whole site, maybe we just go ahead and build the bridges and by having the sewer
there, we would have a gravel road for the sewer maintenance. I'm sure that there is
something that we can work out to meet the concerns of the fire department.
Dobie: Mr. Mayor, Members of the Council, my name is Patrick Dobie, 11m a professional
engineer and I prepared a traffic impact study for this project -- prepared a recent update
to match the current site plan. This study was prepared, it was submitted to your staff, it
was available for review by all of your staff and itemized, you know, some of the specific
characteristics of the road system as it exists today and the traffic characteristics. As it
currently stands, all of the roads that access this development have sufficient capacity to
accommodate the additional vehicles. They all conform to the adopted standards for
vehicle carrying capacity and level of service adopted by the Ada County Highway District
and endorsed by the city. ACHD currently has improvements planned at the intersection
of Eagle and Victory Road. As you now right now, there is a four-way intersection, four-
way -- all-way stop out there. They have a project planned for the year 2005 construction
schedule to signalize that intersection, put left turn lanes on all of the approaches. The
Locust Grove overpass is currently on ACHD's five year work program scheduled for
construction in the year 2006. Once the Locust Grove overpass is completed, that will
divert traffic from Eagle Road and free up what appears to be the only long-term
constraint that's on the system right now. In addition, again, it was mentioned by your staff
in the long term -- in ACHD's five year work program they identify a long-term project for
the reconstruction of Eagle Road. Now it's beyond the five year plan, it's not currently
scheduled at this time, but both the signalization of the Eagle and Victory Road
intersection and the Locust Grove overpass are scheduled for construction. They will free
up capacity, they will provide additional service, and those improvements will be
constructed before the full traffic impact from this development comes on line. Another
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thing to consider -- you know, ACHD funds many of these projects through impact fees.
Impact fees are generated by new development. This project, in particular, will generate
close to three quarters of a million dollars in impact fees to ACHD that's available to fund
these improvements. Again, this money is needed to make sure that these projects do
happen. Anyway, I would just like to sum up to say that based on my analysis there is
sufficient capacity on the road system right now to accommodate this traffic and there are
planned improvements in ACHD's program to accommodate future traffic demands in the
area.
Corrie: Thank you. Okay. I guess we have people signed up here. We've got Jim Allen,
Doug Webb, Sarah Groton and Harman Pullman and so that's the only ones that signed.
Is there anyone here to testify in favor of this project? Okay. Let's start out with Jim Allen.
Is the testimony you're about to give the truth, the whole truth, and nothing but the truth,
so help you God?
Allen: Yes.
Corrie: Okay. Name and address, please. And you have five minutes.
Allen: Jim Allen, 3040 East Victory, Meridian, Idaho. I live next to the -- I'm the picture of
the split rail fence. If you would come to -- can you turn that around?
McKinnon: Is that it right there?
Allen: No. Go back further. That one. This roadway here lines up with my fence. This
roadway is in the middle of my pasture. Does not line up with Rex's at all. Comment was
made at the Ada County Highway about Rex's trees and shrubs. We also have concerns
about lights coming on our place, because the traffic will be turning to the right, as well as
to the left. So maybe we would request a buffer screen, too. If it was me and I was Ada
County Highway, I would probably be looking at a different entrance in and out of that
subdivision and probably move the entrance further west where it would line up with
Thousand Springs I believe it is, which would make more sense, because as you're
coming towards our place from -- from the west coming east, there is a hill and where they
are going to be coming in is right at the crest of the hill. Kind of tough to get stopped and I
think that if you move the entrance over, your flow of traffic would be a lot better. I don't
see how a fire truck can make that corner with the roadway we have got now. And if we
are talking 1 ,000 homes in the area, if that's 2.1 people per house, that's probably more
than a thousand vehicles. I think they better go back and recount. Thank you.
Corrie: Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Allen, do you -- one second.
Allen: Okay.
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Nary: On the issue about the screen for your property, did you bring that up at the
Planning and Zoning Commission?
Allen: Yes, I have.
Nary: Okay. And it looks in our recommendations there isn't anything about a screen in
regards to your property. Where is your house in relation to where that fence was where
the roadway picture was? How far to the east is your house?
Allen: From there we are 40 feet.
Nary: And have you gone out there and sighted where that road is to see if the cars
actually turning are going to be coming into your window or --
Allen: Unfortunately, our house does not sit square. Fortunately for us it doesn't. I mean
it's not square.
Nary: Is your house where it's at -- did nit you have like a picture window or something that
faces the west?
Allen: Yes.
Nary: And there is nothing in front of that window; right?
Allen: It faces southwest.
Nary: All right. And there is no trees or shrubs or anything that --
Allen : Yes, there is. Yes, there is.
Nary: There is some trees that --
Allen: Yes, there is. Nice big willow tree.
Nary: So what additional screening do you think is necessary, then, if there is already
trees and shrubs and such now?
Allen: From what I understand from Ada County Highway, when they come in to acquire
additional land, that that would be taken care of at that time, but that could be ten years
down the road.
Nary: No. No. My question, Mr. Allen, is youlre wanting some sort of screening, shrubs,
something now because of the traffic impact of this subdivision --
Allen: Yes.
Nary: -- with cars turning towards your home.
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June 18, 2002
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Allen: Yes. Yes.
Nary: What I'm saying is you said there is already trees and shrubs there now, so what
additional trees and shrubs do you think are really necessary if there is already screens?
Allen: Well, the shrubs are not that high.
Nary: Your shrubs already are not that high?
Allen: Already are not that high.
Nary: Okay.
Allen: Because as you're coming north out of the subdivision, you will be coming up the
hill.
Nary: Okay.
Allen: Which flashing right into our windows.
Nary: Okay.
Allen: Does that make sense?
Nary: It does. Thank you.
Allen: If you have been there, you would understand.
Nary: I remembered the testimony from previously about where your house was. That's
why I remembered about the windows. Great. Thank you.
Allen: Thank you.
Corrie: Next one is Doug Webb. Okay. Mr. Webb, do you want to wait a time or do you
have testimony now? I don't know. It just says there is Doug Webb -- and, I'm sorry, Creta
Webb. Okay. Sarah Groton. Is the testimony you're about to give the truth, the whole truth,
and nothing but the truth, so help you God?
Groton: Yes.
Corrie: Your name and address, please. And you have five minutes.
Groton: Sarah Groton, 3515 South Eagle Road. And my property would be to the
southwest of the school, which is right along this access road that they want to use to go
to the school and I'm kind of concerned about all the bus traffic going through, as well as
the -- well, I guess -- yeah, this is my property right here. I'm concerned about the school
children and -- this is right up against our yard. I mean in our back pasture area and there
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is the lighting from the school and the noise from the school and buses. The current road
is it stands now doesn't seem wide enough to accommodate buses, you know, because
they are going to be passing each other and I just, you know, wonder where they are
going to pull that extra land from, as well as if they are going to building -- putting a well on
the -- that upper northwest corner, as was pointed out, is that going to be draining the
existing wells out there from all those small acreages? My other point was the way it's
currently zoned I think it's really nice. As you travel out further west on Victory Road as
you're heading like towards Ten Mile, there is a beautiful community out there. I just kind
of hate to see all -- everything being eaten up by -- I don't know how many homes per
acre exactly they are planning, but maybe if there were larger lots and I realize that the
farmer would like to sell his land and, you know, I appreciate that, but if there was just
larger lots to keep the beauty of this southwest Meridian in existence it would be
wonderful. As far as the traffic, the road is incapable of handling this traffic. It is so difficult
now for us to leave our property and get on Eagle Road, it's unbelievable, especially
during the peek hours when people are going home or coming home from work and I
know that 1-84 is packed tremendously. I just know eventually it's going to be an enormous
-- and, granted, most of the people leaving 1-84 are heading north, but as soon as we put
further subdivisions to the south it's going to be insane trying to get off 1-84 with the two --
you know, the addition of the two business parks that have just been put in place there by
Overland and Victory and with the new high school out there, the traffic is just going to be
unbearable I think for police, as well as the fire department. And I haven't seen any -- you
know, how they do strips across the road for counting and I wonder if truly anyone is
counting, because anytime there is an accident on 1-84 everything is converted -- I mean
everyone travels on Overland and Victory and it is just amazing how traffic is totally
backed up out there and I would appreciate fencing and a berm area, if at all -- if it does
come to that, but I truly kind of object to this many homes per acre and appreciate your
time.
Corrie: Mr. Herman Pullman. Is the testimony you're about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Pullman: Yes.
Corrie: Your name and address, please, for the record and you have five minutes.
Pullman: Herman Pullman, 4010 South Locust Grove Road. My concerns for this
subdivision haven't changed since the last time we met about it. I'm still against it. It's
going to completely, as far as we are concerned, destroyed our quality of life, because we
have a beautiful view of the foothills now and that's going to be gone away. Another
concern I have is the extreme high water table that is in this particular area. That is really
only been addressed by the fact that if the -- when they put in the sewer line that that will
alleviate it, because it did that on the -- putting the sewer line in the -- what was it, the
subdivision to the north of Victory. I don't know how that's going to work. Right now, of
course, all the hydrology reports that they have are good, because this particular area
hasn't been watered -- irrigated in over two years, so when you get -- like my case I live on
the southwest edge of the property, when you get 40 some homes in that area people are
sprinkling their lawns sometimes two and three times a day. We are still going to have a
high water problem and we have a high water problem right now, so that is one of my
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Meridian City Council Meeting
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major concerns. Another one is the fact that the police and fire -- I'd just kind of like to
back up what they said. I was on the overpass on Meridian-Kuna Road here awhile back
and I was stopped waiting for, of course, the light to change at Overland and there was an
emergency vehicle coming off of the freeway trying to go south on Meridian-Kuna Road.
Now, fortunately, he was able to get across, but he took a big chance by doing it, because
he went the opposite side of the road, he went down the northbound lane in order to get
across. I think we are just going to create more problems as we go along if we continue to
put subdivisions out on that side without taking care of the traffic problem first. That's all I
have. Thank you.
Corrie: Thank you very much. Is -- Doug, you're up. Is the testimony you're about to give
the truth, the whole truth, and nothing but the truth, so help you God?
Webb: Yes, sir.
Corrie: Name and address, please.
Webb: Doug Webb and I live at 1975 East Victory Road. I can mirror some of the things
that have been said earlier. I would certainly like to see more of a transition in the density.
With the comments that were made about the traffic and the improvements that are going
to be made with the overpass at Locust Grove all in the future, is there any driving need
for this now, other than a money-making opportunity for Gem Park II? One other thing I'd
like to mention. We got a letter from the developer on a berm and fence. Is that something
that needs to be entered into the record or is that a binding thing just with us having it?
Nary: You want to enter into the record a letter that was sent to you?
Webb: Yeah.
Nary: Certainly can.
Webb: Thank you. No questions for me, I assume?
Corrie: Council, any questions?
Bird: I have none.
Corrie: Thank you. That's all that signed up. Is there anyone else from the public that
would like to issue testimony? Okay. Back here, then. If we can have you -- yes. Back
here. Is the testimony you're about to give the truth, the whole truth, and nothing but the
truth, so help you God?
DeChambeau: Yes.
Corrie: Name and address, please.
DeChambeau: Mary Morgner DeChambeau, 2015 East Victory. I live on the Morgner
farm. Just my views haven't changed much. 11m assuming that the sewer and all that
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situation has been taken care of and the amount of power that we have out in that area is
assumed to be okay. And also I still have concerns about that little drainage thing, that
little square green that sits on the back of our property, because we still are farming, that
they assured me that the engineers say that it is adequate. I guess that is on record, so if
it isn't, I have some recourse. The reason I bring up power out there is when we went to
bout with Idaho Power, they told us that unless we put the substation out there there isn't
going to really be enough power put out there. So I guess is that taken care of? I haven't
heard anymore about that. And I also agree with the fire and the police about the road
situation. I mean I guess I'm hearing 2005 and 2006 and my family is probably going to
have to sit on this land, because of the federal government and their tax laws, so we don't
have a choice at this point and -- in case you don't want to talk about inheritance taxes. So
we are going to have to hang onto it for awhile. So I know that that is -- would solve a lot
of your problems if we sold, but, unfortunately, we are caught in between here and we
can't. So it will be farmland for quite sometime. And -- but I -- regardless of that, I am still
concerned about the road situation. I mean I love this community and, like I stated the last
time less than a year ago, I see no reason why we have to rush for the development of
this city and put in the adequate catch up job, I guess is what, you know, I'm hearing, you
know, from everyone. That's alii have to say. Thank you very much.
Corrie: Thank you.
Nary: Mr. Mayor, before Ms. Bowcutt comes up, I don't know if Mr. Webb might need this
document for some legal reason at some point in the future. We can make a copy of it if
that is part of the record. We can make a copy of it. I just think you might need it, so you
might want it back.
Nichols: Mr. Mayor before Ms. Bowcutt begins, a couple of items that need to be
addressed. One is that perhaps staff can answer whether there is a berm called out and a
fence in their development plans and, if so, that issue raised in the letter that Mr. Webb
entered into the record may be already part of the development conditions and then,
secondly, with regard to the lots that would be restricted to a single story house, I'd ask
that the developer address this issue: One, how high will the roof be. 8, does that include
bonus rooms? And, C, will the developer commit to not raise the grade of that area
beyond what's there now. The reason I say this is we recently had some trouble where, A,
the grade was raised after the single story restriction was placed on the development. B,
the contractors argued that a bonus room was not a second story and there was no
restriction on the height of the house. So if the concern of the neighbors was the height of
the structure and not having any windows in the second story looking down on their
property, we need to know that, so that that can be reflected in the conditions of approval
if it is approved.
Corrie: All right. Ms. Bowcutt. Is the testimony you're about to give the truth, the whole
truth, and nothing but the truth, so help you God?
Bowcutt: Yes, sir.
Corrie: Name and address, please. And five minutes.
Meridian City Council Meeting
June 18, 2002
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Bowcutt: Becky Bowcutt -- I'll just take three. I just want to be like the rest of the public. I
don't want to give him a chance to --
Corrie: He's had his time.
Bowcutt: Becky Bowcutt, 1100 East Valley High, Eagle. Almost forgot my address now.
I'm here representing Farwest Development. The issue has come up concerning the
parks. On the Comprehensive Plan there is an asterisk in the general vicinity that borders
between this parcel and the parcel to the south. We have been told in the past that on
those park plans that they do not identify any property specifically, that legally you cannot
identify any property specifically, unless youlre, obviously, intending to negotiate with that
property owner for purchase of the parcel. This particular project, as far as amenities, has
set aside a natural amenity along these waterways where we do have riparian areas,
which the birds use. I have been out there, I have seen them in that area. Pathways. Your
parks plan identifies a pathway along these water facilities. They have been incorporated
into this project. Secondly, the elementary site that's been provided on this project. That is
public open space also, approximately 12 acres, give or take a little bit, but it is public
open space and it could be utilized by the general vicinity and this particular community.
The third issue I'd like to bring up is the fact that we have talked with the school district
and with the parks department in length on many projects and in my discussions with both
Tom and Wendel, is they both voiced their concern about each entity going after the same
project. One, that it would be more than a project could bear if they were asked to provide
a school site and, in addition to that, a separate park site. Secondly, if you have the two
vying for a site within a particular project, then you may end up with a little bidding war on
who was going to get it and that may inflate the value. So according to them -- and this is
what I was told verbally, that if one entity had acquired a site in that particular project, then
the other entity would not pursue a site and I was told that twice. I have read the comment
in the staff report, but I have not seen the letter from Tom. I haven't seen a memo. I asked
staff to go through their packet and look for a letter or memo. They said they donlt have
one. Kent doesn't have one. So I'm not sure whether this was -- this was just something
over the phone that they -- parks department asked that it be incorporated in the staff
report -- I don't know. But I guess I'm a little bit disappointed in how this was handled. I try
to encourage my clients and the development community to provide open space and
pathways. The two development companies on this project are the only two entities that
have pursued cooperation with the city in providing a public park, that being Bear Creek.
And, secondly, the Lochsa Falls Park that has been proposed. And so I guess it really
bothers me that this type of tactic has been taken, because then it makes it difficult for me
to do my job and convince my clients that parks are good, that we can work within the
system, that credit is given for bringing in quality projects that benefit the community and I
guess my point is this is a quality project, it's gone through the ringer, they went back to
the drawing board, they revamped, they took into consideration your comments and staff's
comments. I have yet to do a development in any particular area of the City of Meridian
where somebody has got up and said this is the absolute perfect place for a subdivision,
because we have got three and five lanes highways and we have got a fire station right
across the street and a police station across the street. We are always playing catch up
and the best that we can do is try to increase park impact fees, work with the Highway
District to get these improvements accelerated, you guys have been pursuing increasing
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your levy, so that we can provide additional funds for these departments and I guess I'd
like you to take that into consideration. Thank you.
Corrie: Becky, I have a question. You said you talked to the school. They said that if one
entity got a park they wouldn't ask for a school in the same area?
Bowcutt: That is, correct, sir.
Corrie: Okay.
Bowcutt: Wendel Bingham.
Corrie: That's exactly what they are doing even now. We have got one -- a park, a
community park and they are building a school right next to it. We have got some other
land to the north -- north Meridian area, north area, and we are probably going to do the
same thing. So I just want to clarify, so I could --
Bowcutt: Well, I guess, Mr. Mayor, so are you saying that they are asking for a school site
in the same project that you're asking for a park?
Corrie: I don't know. That's what I'm just finding out who said -- who said what, if the
school said that.
Bowcutt: I don't think the two are opposed to having a park and a school within the same
section, because they believe -- the school district believes they need an elementary in
almost every section. But the issue is asking from the same project, like double dipping
and more than a particular project can bear. Like this particular parcel is 40 acres and
they want 20. That's 50 percent of this parcel.
Corrie: You realize that north section out there has got very few owners, that we are going
to have that same problem. So I just wanted to see if --
Bowcutt: Yes, sir. Thank you.
Corrie: Thank you. Is there anyone else that would like to issue testimony? Okay. Council,
any questions that you wanted to ask staff? Anybody else? Kent, do you have any
comments or questions that --
Brown: Mr. Mayor, again -- forgot.
Corrie: Okay.
De Weerd: For awhile.
Brown: For the record, Kent Brown. I'd like to try to address some of the issues that were
raised by the different people. If you were to look at Mr. Allen's situation, he talked about
coming up the hill. When you get to the intersection we are required to have a certain
distance to be flat at the intersection. You don't want an intersection that is at an angle. So
Meridian City Council Meeting
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there will be a portion that we turn there that will be level with the street. Mr. Johnson was
not opposed to putting the shrubs up, but I don't know where we would put them that it
would provide that buffer that he seemed to be concerned about. The entrance to -- off of
Eagle Road, we have a landscape buffer on the north side of our property, between our
property and Sarah Gorton and we would have trees and shrubs along that portion that
would help to buffer and mitigate some of that problem. At each one of the entrances one
of the things about starting in the three different locations is that we will be putting in the
center turn lanes and doing all the street improvements out in those areas, other than the
ones that the Highway District will take care of, but we will be doing the center turn lanes
on all three of our entrances as part of doing our approvals. The well was just mentioned.
it's up in the upper end and I'm sure the public works could probably address your
concerns about her well and what their well would do to that. Mr. Pullman -- David, if you
could move the drawing further -- we have two lots that butt up to Mr. Pullman and one
huge lot in the corner. Yes. Right in that area. So that the homes would be about as far
away as possible that they can be. They have rear yard, so they are large lots in those
areas with large back yards and we have addressed -- we have had the ground water
study and as a part of getting the public works approval we can't have high ground water
either. The experts are telling us that when we put in certain cutoff drains and certain
things that that's going to take care of the ground water with regard to our development.
Obviously, if the neighbor overwaters, you know, that's -- it's just like, you know, my
neighbor overwatering on me, there would be those concerns, but that -- other than that,
from the development standpoint we are not going to be dumping lots of water onto Mr.
Pullman. Mr. Webb -- our development plan does show in the center section there
between the Eight Mile and the Ten Mile a berm across the whole northerly boundary of
the development in that area and a solid vinyl fence would be going in that area. They
said that they wouldn't be doing some burning or anything. My client went out and met
them out at the site. The berm would be centered on the property line -- two property lines
there and it would be at least three foot tall with a fence on top. In the Planning and
Zoning hearing they did ask us to designate the three lots for the corner as single level.
We would be happy to put whatever kind of restrictions you're looking at, so that you're
not looking at a bonus room or steeper roof or whatever. That's been our intent and we
understand the concern there, so -- power and water, sewer, and all those issues have
been addressed by the public works department. There is a new substation south of the
freeway that's been put in, which will help their power concerns. We are bringing power
down from Locust Grove along Victory to our development down Eagle Road. There isn't
any power concerns of the power company. Mrs. DeChambeau's concern about the
drainage area that we have there, we are planning to have a cutoff drain between us and
them to dump into either the Eight Mile and if we can't get permission there, then we will
dump it into Ten Mile to pick up any water -- basically water that's coming from the
Ridenbaugh canal and crossing across the Morgner farm and then coming to our property.
That same cutoff pipe that we would put in would stop any water from traveling to the
north onto the Morgner farm and our engineers are required to make sure that that water
stays on site. So that should be taken care of. I guess I would -- and I could have Mr.
Dobie once again address the traffic issues in the area. We talked about that there is
adequate traffic things that are taking place. The Highway District has made certain
adjustments of Eagle Road. The intersection of Eagle Road and the overpass, those kind
of improvements are going to make better improvements to the traffic areas. Obviously,
Victory Road won't be widened, but at our entrances we are widening the road for the
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Meridian City Council Meeting
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traffic to exit and decelerate from our development. I'd just like to bring to your attention
that in our conditional use we call out 18 acres of open space. That 18 acres is the -- as is
calculated are those that meet the city's requirements. We have close to 30 acres of
common area overall, but 18 of it is the parts that we can count as your acceptable open
space. We have got 9,100 feet of pathway through our development. Since the last time
that we were here the city has grown out in this direction and the services have come out
this way. I did a little sketch today in the office and looked at Touchmark -- you approved
the Touchmark Subdivision tonight. The far end of the Touchmark development is the
same distance as it is to our project as the crow flies from the new police station, which I
thought was kind of interesting to me when I measured those out. I have had similar
experiences with park sites with Tom and Wendel when we were dealing with Tuscany --
or Keltic. We had a high school site and an elementary school site. Tom, therefore, said
he didn't want to take another chunk out for a park site, because it was coming out of
those projects and that's been something thafs at least taken place in the past. I will stand
for any questions. There is -- I have figures on the amount of hook-up fees and money
that would be generated by this project that I can answer.
Corrie: Questions?
Bird: I have none.
Corrie: Okay. Thank you.
Nary: I do, Mr. Mayor. Mr. Brown, I am curious, though, on the annexation on your letter
that you provided us today, you said that basically you take a disagreement with the
Planning and Zoning Commission in that particular condition regarding the park site. What
I'm wondering is why wasn't that brought up at the time? If it was in the staff report and it
was included as a recommendation of the staff, why wasn't that discussed at the Planning
and Zoning?
Brown: It's under comments, it's not under conditions. It's just in the comment area and it
says: Parks. Meridian Parks and Recreation Department has indicated that they would like
to have a 20 to 25 acre city park within the boundaries of the proposed subdivision.
Please refer to Parks and Recreation concerns of this application for more parks
requirements. There wasn't any. I never received anything and when I first saw that, thaes
when I saw the condition that we have an issue with is taking a 20 acre park site out of
Tuscany East. We never saw those requirements in our previous hearings and we --
Nary: That's not in the staff report, that's --
Brown: It's not in the staff report, no.
Nary: Okay.
McKinnon: Mr. Mayor, Members of the Council, if I could offer some clarification on this
issue. The wording that's in the -- item number 18 in question concerning the annexation
comments saying that they adopt the parks and recreation staff comments as follows,
those comments are not found in the staff recommendations and conditions from the
Meridian City Council Meeting
June 18,2002
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Planning and Zoning staff. In talking with Tom Kuntz the one item that was included in the
memo was the wording that you have in front of you tonight. The Parks and Recreation
comprehensive action plan recommends a 20 acre park. That was something that the
parks had included with that. I do not have a copy of that in my files. I have gone through
my files, but that's language that according to Tom was included with the staff comments
at the Planning and Zoning Commission hearings.
Brown: Earlier today I went through the packets that I received from the city and I did not
see any parks comments in any of those. The only one that I had was in the Planning and
Zoning that I just read to you. We saw those in a draft form, talked to the parks
department real estate people that they said that were handling the acquisition of the park
in those areas and we did offer to help them find 20 acres somewhere else in this section
or another section. I am under the understanding that some of them brought forward --
and I can't remember Tom's testimony if he said there were other parcels. My client told
me earlier today that there is one on Amity Road in the same mile section as a 20 acre
piece that's got a for sale sign that they are trying to get -- to sell it. So I know that there
are parcels available in the area.
Nary: Well, I guess I'll ask Mr. Kuntz, since one of the things that we are being asked to
hold that -- hold them to this recommendation, is the recommendation from the Planning
and Zoning Commission, can you tell me where it's at in the staff report? Because Mr.
Brown is saying it wasn't there.
Kuntz: Mayor and Council, Councilman Nary, all I can tell you is that we still have the
memo on our e-mail dated the date that we e-mailed it to the city clerk's office with copies
going to Planning and Zoning staff, why it's not included in the packets --
Nary: No. No. I meant -- what I -- I guess what -- and maybe Mr. Brown can correct me. I
understand it's on the recommendations from the Planning and Zoning Commission. What
I had understood Mr. Brown to say was prior to that document it wasn't in the staff report
that was presented to the Planning and Zoning Commission, so he wants to know how did
it get there if it wasn't what the staff recommended at the Planning and Zoning
Commission level. Now is that -- am I misunderstanding that? Is that what you said? So
I'm asking in the staff report where is it?
McKinnon: Mr. Mayor, Members of the Council, Councilman Nary -- I still want to call you
Commissioner Nary. Sorry. In the staff report we don't include all of the comments,
because a lot of times we prepare the staff report prior to receiving of those comments.
The police department comments are not listed in the staff report, it says please refer to
those. When the Commission makes a recommendation to approve with staff comments,
they are including the comments that are made by those people that are separate from
the staff report.
Nary: That are attached to the report.
McKinnon: That are attached to the report. If this item was attached to the report and they
made a motion to approve it with all staff comments, Tom's comments would have been
included with that and that all went to the legal office and they included all staff comments.
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Nary: I understand that. All of those comments should be attached to this report. Where is
it? If isn't here, then I don't -- and it wasn't discussed and it's not attached, why would I
assume that it exists prior to this being made? I mean what Mr. Brown is saying is that
after the fact someone sends a memo saying here is our comments, attach it to the report.
It's not here and this is supposed to be the complete report. So I just don't know how we
get -- it can't get included otherwise, unless someone talks about it or includes it as part of
the discussion.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: It was mentioned in the minutes, a Mr. Sherer had brought it up. I think he was
representing Mrs. Broden. And I see in his testimony he did bring it up and Mr. Centers
did ask a question about it, but they didn't spend any time on it, but it was -- it was
mentioned, so for what it's worth it is there.
Corrie: Okay.
Brown: You asked why we didn't make an issue of it, because as you read that condition
it's talks about further comments taking place and something to be addressed. In our mind
when we offered to meet with the real estate people representing the city and help them
find a 20 acre parcel, we thought that that was taking care of the issue. We thought that
that's -- we helped them and the issue was gone.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: It's also noteworthy in that conversation that it was mentioned as a potential
site, but the Commission didn't take it any further than that and neither did the applicant,
so --
Corrie: Any other questions?
Bird: I have none.
Corrie: I might just add as the crow flies it may be the same as the other, but fire trucks
don't fly, they have to go further around. It's not the same.
Brown: And I would comment on that is that after the 2006 when the money that you guys
have allocated to help make that bridge happen, the overpass, we will be closer than --
Corrie: Right now it's not and there is a problem.
De Weerd: Mr. Mayor?
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Meridian City Council Meeting
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Corrie: Mrs. de Weerd.
De Weerd: I guess I would like to hear from Tom on his position on parks and schools and
-- since he's been quoted a couple of times, I would be -- I'd like to hear his comments on
that.
Kuntz: Mayor and Council, Ms. Bowcutt was correct in meetings that we have had with the
school district and the parks department. We did comment that we will try whenever
possible not to mix school and park sites, but it's all contingent upon the size of the
development. Obviously, if it's an 80 acre development versus a 300 acre development,
we are not going to request a park site and a school site. We feel that the size of this
development warrants both an elementary school site and a 20 acre site, especially when
you look at the location and the number of houses that are already built in this area. I
know Farwest developers built Thousand Springs, 400 houses, but the comment that was
made is correct, we'd like to try and avoid procuring too much park space and school
space in the same section, depending on the size of the development. I guess I would like
to digress just a little bit and make sure that you're aware that the first time that this
Tuscany Lakes came through at a Public Hearing we commented that a 20 acre site was
noted in this section in the Comprehensive Plan and the Parks Action Plan and that was
the first time it came through. We had discussions with Farwest developers a year ago
that we would be looking for a 20 acre site in this area contiguous to Eagle Road. When
we received notice of this revised plat and those 40 acres being part of the new Tuscany
Lakes plat, I had a phone conversation with Matt Schultz to let him know -- to remind him
that we had a 20 acre site in that area that we'd like to try and incorporate into the
development. We had a real estate agent contact us and we went out and looked at some
land south of Tuscany Lakes to see if there is some options. There is other land that may
be available, but we just felt that based upon the size of this development and our ability
to exchange impact fees for the 20 acre site, that if we could secure that site now and the
number of people that would be impacted by having that park site available there, that we
wanted to submit those comments to the Planning and Zoning Commission, which we did
in a timely manner prior to the first hearing, and I can produce those documents tomorrow
to the Mayor's office and the Clerk1s office. They were e-mailed simultaneously to the
Planning and Zoning Department, so I don't feel like we have surprised anyone or came in
at the fifth hour on this project at all. Thank you.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Brown's testimony, Mr. Kuntz, is that there is 18 acres of recreational space,
usable space in this now. So what percentage of this property is that 18 acres and how
does that relate to the 20 acre park site you'd like to have, too? That seems like you want
30 acres of recreational space or are they two totally different things?
Kuntz: Well, I would need to run the numbers, but the space he's talking about would be
trails, biking, walking, those type of things, which are very important amenities to a
community, but it does not take into account just pure open space that can be used for
structured youth activities, adult activities, picnicking, just open space that's needed. Trails
(
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Meridian City Council Meeting
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and pathways and the green space that he's got in this development, from what I can see,
can be used, but it can't -- it's not going to be used in the same way, shape, or form as a
20 acre community park would be. But I don't know the percentage and I certainly want to
look at that.
Nary: Just one last question. I guess, Mr. Kuntz, what I'm curious about is if the developer
-- I'm not -- I don't know that this has even been in their thought, but I know we have
pathways and trails on our park plan, as well as open space. I mean if we were between
the two -- and I recognize that there is some amenity that they want to use this pathway
as well, but I guess what I'm -- I guess what I'm having a hard time comprehending is that
if they are going to provide 18 acres of other recreational space -- and I don't know how
much those pathways are part of that, and you're saying you want 20 acres on top of that -
- now if I was a developer I would say pick one, you can have one or the other, but, you
know, I already have 18 acres of recreational space in one form, then I'm going to take
that back and I'll give you the 20, I mean how do we reconcile that to the developer when
it sounds like we are wanting, really, 38 acres of recreational space.
Kuntz: Council Member Nary, I guess before I would answer that I would want to make
sure I reviewed the 18 acres of open space to make sure that it truly is usable open
space, not drain swales or other things that really do make it unusable. So I understand
what you're saying and it makes sense to me, but I would like to take a look what those 18
acres -- what kind of needs they really meet before I comment on that.
Nary: Thank you.
Corrie: Any other questions?
McKinnon: Mr. Mayor, Members of the Council, if I might, I just had a brief conversation
with the city clerk and the city clerk was able to produce the memo from the parks
department.
De Weerd: It's in our packets.
McKinnon: It's in your packets. You guys have a copy of that. A couple things to point out
is that if you got the received date on your -- from your packet, the received date was May
1 st. The meeting for the first Tuscany Lakes hearing was May 2nd. So this was received
the day before the hearing. So this may never have made it to the applicant, because they
may have picked up -- they probably should have picked up their packet prior to that
hearing. Whether or not they were made aware of that or not is something that could be of
issue at that. There was a continued hearing, so rather than pick up an additional packet
with additional information, whether or not they were contacted or not I don't know, but we
do have the memo.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Meridian City Council Meeting
June 18, 2002
Page 48 of 61
Nary: Mr. Brown, so now that we found this memo, it wasn't a surprise. It says here it's in
the packet of information, so you guys actually did have this information and had it a year
ago, that they wanted a 20 acre site.
Brown: You're talking about on our previous application?
Nary: Well, it looks like there is both. I mean it looks like they are saying previously when -
- Mr. Kuntz's testimony is that they had discussed it with Farwest a year ago and what
they are also saying is at least this information was available at the time that this was
discussed at the Planning and Zoning Commission.
Brown: A year ago Farwest was not even a part of this application and I don't know if you
can remember when we went through this, we discussed at length a park site and at that
time Tom determined that he didn't want anything from the Gem Park owners, that he
didn't want a park site at that -- out of this parcel. Now whether he at that time said he
wanted one of the Farwest parcel or not, I don't know. We did pick up our packet before
the 1 st and it wasn't in what we had. That memo that you're talking about we never did
receive.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think that conversation was more about pathways than a park. That's how I
remember it.
Brown: To refresh your memory, we had a lengthy discussion about whether the parks
department wanted a pathway along the Ridenbaugh canal --
De Weerd: Right.
Brown: -- that went down behind the school site and whether at that time Tom was looking
for a school site on the opposite end, on the Locust Grove end, and we met with him in
Gem Park offices and discussed park sites with him at that time and offered, again, at that
time to help him find another park site and basically explained to him after we have done
the design it's difficult to throw in that design, plus all the other amenities to make that
happen and he talked about a park site at that time on the previous application.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Mr. Brown, can you tell me a little bit about some of these green spaces? Are they
drainage swales or are they something else?
Brown: The city's formula for being able to count those areas, that's why I said we have
some 30 acres of common area, but the open spaces that we are providing, yes, those
are very usable. Tom. Dave. Kenny. Someone.
Meridian City Council Meeting
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McKinnon: What did you need?
Brown: If you look in between the Eight Mile and Ten Mile area, the Ten Mile is called out
on your Comprehensive Plan as a pathway. If we put that section of pathway in -- and we
discussed this in the previous application, it's a pathway that goes nowhere and connects
to nothing and to make that space more usable, we have a linking pathway system that
makes that loop between the Eight Mile and the Ten Mile. You can walk totally around that
whole area and by creating the man-made ponds along the Eight Mile and going
underneath our road and through, we will have a very usable space that will entice
animals and so forth, we want to put natural vegetation on the pond side of the path, we
want to encourage those kinds of things to happen in there that wildlife will come and that
you can see out the backs of those homes. The Eight Mile -- or the Ten Mile is already in
existence in that format and so it is counting all of that area in that acreage, that natural
riparian area.
Nary: So that 18 acres is predominately in this --
Brown: Then if you take the pathway that we have on the other side of the Ridenbaugh
canal -- keep going east. The other side of the Ridenbaugh. There. Those series of storm
drainage facilities have a pathway that links through them creating a pathway system
there and once you link that with the school you will have -- you will have a section of road
that's a tree-lined section of street right there and we have tried to create a trail system
there. There is also the dark spot that you can see in the center one that there is a
basketball facility, basketball court there. We are trying to create usable open space,
instead of a soccer field, as you probably read in our application we spoke about those.
This is a storm drainage facility, but also is used for the open space and it's not calculated
in that 18 acres, because it's not a part of the PUD. The 18 acres requires a certain
amount of open space. There is other common areas in the five percent that is in the
Tuscany East portion, but it is in addition to the 18 acres. And I think your analysis is
correct. I mean we are talking about with a 20 acre park site, usable open space, you're
talking about 38 acres of open space that you're requiring out of 196 annexable acres and
I can't remember how many acres of that is roadway. I mean our home ratio is 2.4, if I
remember correctly. Thank you.
Nary: Thank you.
Corrie: Any other questions from Council? Okay. Then I will entertain a motion to close the
Public Hearing.
McCandless: Mr. Mayor, so moved.
Corrie: Okay. Do I hear a second?
Nary: Second.
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Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the
Tuscany Lakes Subdivision. Any further discussion? Hearing none, all those in favor of
the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Discussion?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: This application is tremendously improved since we last saw it and I think it's a
nice application. I guess I am concerned, because we do get mixed messages from our --
in regards to the parks, you know, that this was kind of an ongoing thing and at one time
they said we will help you find spots and then we hear about the parks and the schools
and I don't think there was any clear message and from what I saw in the testimony from
P&Z, there wasn't any real clear conversations about it either from either side, from the
staff side or from the applicant's side. So by keeping that in there, it should have been
caught before now. It should have been caught at P&Z. But I also agree that they have a
lot of open space amenities. When we sat with the landscape ordinance and we talked
about open space, it wasn't just park land, it was open space, it was creating an amenity,
a pathway is part of that open space amenity, and so I do believe that they are creating a
nice amenity into that area that not only those residents can use, but others might as well.
I still have the concern that we had a year ago when we heard this and it's with our safety
services and I don't know if there is a real substantial thing that we can deny this
application just based on that. These houses won't be built overnight and we will start
benefiting from this development and so I have mixed emotions on it. I do think it's a much
stronger application and it's very apparent that the applicant has listened to the neighbors
and have tried to make concessions to address the concerns and I guess that's my
muddled message from vacation.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I only sat in on the Planning and Zoning Commission hearings on this, but -- and I
do remember the concerns and the discussion that we had and I would agree with Council
Member de Weerd, I think it's a much better project than what we saw a year ago. I do
think that we do need to encourage and continue to include Mr. Allen's property into this
same condition with Mr. Young's property in regards to screening and buffering, because I
just don't it end up being one person -- one person gets that consideration and the other
one doesn't. They are in the same situation. The other issues that have been brought up
by everyone regarding the buses, regarding the school, regarding traffic, are things that
we can't control. There is things that we don't have any control over any of those things.
The school district controls them, the Highway District controls them. I think as Council
Member de Weerd said, a lot of those things are things that will develop as this develops.
Some of them are going to be provided by the developer themselves in being able to put
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Meridian City Council Meeting
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this in. I wasn't in favor of this project a year ago. I am pretty torn about it, because I don't
see anything other than the public safety concerns, but the concern for this project are
significantly different than the concerns we had for Thousand Springs that's already there.
It's far out, it's a ways out there as well to provide the same service. I don't know that we
really have a tremendous amount to deny it based upon those things that I think can be
dealt with through the development process -- through this process. I think the -- again,
the berms, I think defining the second story and how high the houses could be and those
kind of things, I think we need to work through, whether or not we -- how we put those
conditions, but, finally, I think the parks issue -- I think 18 acres of the space that's there,
that's approximately where we are at, I think that's fine. I don't think a 20 acre park is the
only way to go. I certainly think that would be a nice addition. I think we have seen a little
bit more park kind of space -- traditional park space in smaller projects like the Marlin
Subdivision we approved tonight, had a fairly good size little park, but this pathway is
something we wanted as well and this is something, actually, the developer is going to
build all of it versus a park that they are not. Yeah. The developer is going to build it,
because it's part of their project and it's part of their amenity versus a park that we are
going to have to build and maintain or find someone else to do that. So I don't necessarily
think it's bad to do it this way and have this as something else, I don't think it's one size fits
all. There is a park -- there is usable space on the school grounds. That's a different issue
for this, but I'm torn, it is far out, there is always a concern about how far this is, but --
providing some of those services out to that area, but I think there is a lot of improvement
here that we hadn't seen before, so --
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: You know, I have a great deal of empathy for developers that work so hard
to get something and he has -- they have improved this quite a bit from what we saw a
year ago. Having said that, though, in a rapidly growing city that we have, somewhere
along the line we are going to have to take the horse from behind the cart and put it in
front. We have got roads that just can't handle that stuff out there. You talk about having
the overpass on the five year plan, I have seen things on the five year plan that go into the
ten year plan and then disappear. It's a real problem and I think we better look at our
infrastructure before we start putting in huge projects. That is my feeling.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I will end the opinions. I want to compliment the developers on -- when we turned
this down over a year ago or about a year ago, we had made some suggestions and they
went out and did everything. One thing I want to clarify is we are not asking them to give
us 20 acres for a park, we are willing to pay for it. Just like Bear Creek, we paid for that.
Don't kid yourself, we paid for it. It's a nice amenity and we appreciate it. Not having a
park out there isn't going to hold up -- doesn't hold my vote up. The public safety, it's a
ways out, but I think that -- I think it's something that if this is going and the stuff we are
going, we are debating right now on a third fire station, that this might have to be
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Meridian City Council Meeting
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considered over to the north. I have some real concerns for the police answering, but they
are usually out and very rarely do they have to make their runs from the station. They are
usually out in the -- their patrol officers are out on the street. So I don't know how you --
how after they went and done everything we have asked them to do, how you can turn
them down on that, even though we do have a concern for our public safety. But I think
that -- and I don't think this development is going to be built overnight. We are probably
looking at a ten to 12 year, maybe 15 year build out. That -- so I just appreciate that they
took what was showed to them, what we wanted done, and they went and done it and
redone it. I think they brought back a very nice development.
Corrie: Okay. With that being said before, Council, I'll entertain a motion for acceptance or
rejection of -- let's start with the annexation and zoning.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I guess I have a question for David. With the fencing requirements and the
entrance off of Eagle from the -- on the east side, I guess it's just from Eagle, we usually
ask them to fence the perimeter. Would that not be fenced along the side of the berm?
McKinnon: That would be fenced alongside the berm and we get the fencing details on
that with the final plat application.
De Weerd: Okay. And the applicant will work with the adjoining property owners on
fencing?
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I want one clarification now. Mr. -- like this from Mr. Smith. What is the height of a
one story house that we can put in there?
De Weerd: That is the pitch of the roof.
Bird: The height. That will safe -- you can only be so high and you can be -- the roof can
be like this, but you can only be this high. What's the classification of a one story house in
height? Anybody -- can any developers or builders tell us?
McKinnon: Mr. Mayor, Members of the Council, Councilman Bird, if I could offer just a
couple of items for you. In the R-4 zone the maximum height limitation is 35 feet. So that's
the existing height limitation. In a lot of the modern homes you get some cathedral ceilings
that go up to 14 and 16 feet in height for a one story home. That puts that height of that
roof with a 6-12 pitch, which is what you typically see in newer construction at this time,
for the type home I think that they are projecting for this project, you're looking at the
height of the building once you get to the top of the peak of less than 20 feet. I don't know
if that's something that the applicant would be okay with or not, but once you figure your
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Meridian City Council Meeting
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trusses that are up in there and then you have got to put your insulation up in there and
the roofing material on top of that, you're looking at some 20 feet in height for a large one
story home with a cathedral ceiling. I don't know if 20 feet is --
Bird: You're looking at -- you can put a bonus room in a 20 foot high --
McKinnon: Absolutely.
Bird: -- a bonus room and that's one of the same conditions right here, they don't want to
bonus room and we just went through this with a house -- we are going to get it clarified,
we are going to get a height. Now if they want to put a bonus room down on the middle of
it, that's fine, but they are only going to have to be so tall at the top. In 20 feet you can
have a bonus room.
McKinnon: Mr. Mayor, Members of the Council, I agree completely with you, Councilman
Bird. I lived in a house that actually had a pitch of a roof that's higher than the house next
door to me, it was a single story home, but the pitch of my roof was higher than my
neighbor's bonus room. If you go around the golf course in the new subdivisions, there is
many single family homes -- many single story that actually have the high ceilings. They
do get quite high. If you want to look at a specific height limitation, we need to set a
specific height limitation and throw in some language saying that the highest point
projection of the home cannot exceed that. Some help from the attorney -- actually, the
attorney that we have here tonight, I think that we worked on projects similar to this with EI
Dorado where we limited the height of the buildings in EI Dorado to the highest point of
the building, regardless of the stories. If you want to go one story with no bonus room, we
can make language to prohibit that and place a note on the plat if that's what the
requirement from the Council is.
De Weerd: And that would also have to have fill, you know, that you couldn't be filled right
in, so that you --
Bird: You have got to have the height off of zero elevation.
McKinnon: A zero grade.
Bird: A zero elevation. They bring four foot of fill in and they got to bring the height of the
house down for us.
McMinnon: So the current existing grade --
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: Haven't we had this before? Can't we create a finding along that perimeter that of
the project on the adjacent property owners, that there won't be any living spaces or
windows or something facing the other property, so that above a certain height, above ten
feet, above 12 feet, something that's simpler and that they are trying to figure whether or
Meridian City Council Meeting
June 18, 2002
Page 54 of 61
not they actually graded the property higher, whether the pitch of the roof is too high? If
our concern is -- and which I agree with the neighbors, they don't want people living and
looking over their back yards. It seems like we could find a simpler way to write that, to
have them worry about whether they graded the property higher or not or something.
Bird: Well, Mayor, Mr. Nary, I agree, Mr. Nary, but if you don't -- if you don't have a limit, a
height limit, what the people are objecting to -- I don't think it's the looking out down into
there house as they want to be able to see a little bit. And you can have -- and you can
have a single story and have a 12 pitch roof and you're going to be 35, 40 feet in the air.
Nary: Well, they can't be higher than 35 feet and that's what the zone allows, unless we
are going to go out and measure every building every time. They don't have a view
easement. If you have a view today, you may not have a view tomorrow. That is not what
we are protecting. We aren't protecting people's views, we are protecting them with the
height of the building. So if we don't want people living and looking over their fence, that's
fine, but we are not there to protect their view, they don't have a right to a view. So to me
that 35 foot limit is what's allowed. That's what the zone allows and so we need to decide
if you want anybody living on this 35 feet upper and are going to have a room available to
look over the property. But if we are there to protect their view, that's not what our
ordinance does.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: And I agree with you, because I do -- I believe that a bonus room is a single story. I
don't believe that is a two story. That's a single story building. And anyplace you look in
any code book or anything else, it is a single story building with a bonus room. So this is
just something that -- I don't know.
Nichols: Mr. Mayor?
Corrie: Okay. Mr. Nichols.
Nichols: Mr. Mayor, Members of the Council, let me -- my grand dad was a carpenter, but
I'm not. But let me make this suggestion. If you limit the height of the structure to no more
than 20 feet from zero grade with a roof pitch not to exceed 6-12 and that there are not to
be any windows above the first floor, that should satisfy the concerns about height of
buildings, second stories looking down over the fence in the backyard, all of those kinds of
things that typically we get into when we -- and I think that should be something that the
developer has already agreed to single story homes on those particular lots, it's already
spelled out in the staff report in the recommendations, so it's just a matter of setting those
out.
Corrie: And I might add, Mr. Nichols, that it should be placed on the plat, so we don't have
anymore problems.
Nichols: I agree.
Meridian City Council Meeting
June 18. 2002
Page 55 of 61
Corrie: That could be part of your motion. Okay. Any other discussion? Any other
questions?
Bird: I have none.
Corrie: Okay. Hearing none, I will entertain a motion on the annexation and zoning
request.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the request for annexation and zoning of 196.20 acres
from RT to R-4 zones for Tuscany Lakes Subdivision and to delete the recommendation
regarding the 20 acre park in phase one of Tuscany East. Okay. And ask the attorney to
draw up Findings of Facts and Conclusions of Law and Decision of Order.
Corrie: Okay. Motion has been made. Do I hear a second?
Bird: I will second it.
Corrie: Okay. Motion has been made and seconded to -- motion to approve the
annexation and zoning with deletion of the mention of the 20 acre park request. Any
further discussion? Hearing none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye.
Corrie. Okay. Three ayes, one no. Annexation and zoning motion is approved.
MOTION CARRIED: THREE AYES, ONE NAY.
Corrie: I'll entertain a motion on the preliminary plat request.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I move the approval of PP 02-006, request for preliminary plat approval of 455
single family lots, 38 common lots and one other lot on 190.47 acres in a proposed R-4
zone for Tuscany Lakes Subdivision, to include staff comments and recommendation from
the Planning and Zoning Commission with the following amendments to condition eight of
the preliminary plat, that the term each phase be included in condition eight, page three,
as requested and agreed to by both the developer and staff, that condition ten on page
three -- I guess my understanding was that the wording was probably -- can be deleted,
because it has been completed; is that right?
McKinnon: It's been completed.
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Meridian City Council Meeting
June 18, 2002
Page 56 of 61
Nary: And so condition ten can be deleted. Condition 12 remain as is. That condition 19 --
ask that it be amended to include Mr. Allen's property as well, that the developer and Mr.
Allen and Mr. Young figure out what the best screening methods that would assure them
of some buffering from their property, so I'd like Mr. Allen's property included in condition
19, along with Mr. Young's, to delete the staff parks and recreation comment regarding the
20 acre park site. I think that was all the ones in relation to the preliminary plat.
De Weerd: How about the height?
Nary: Oh. Okay. What Mr. Nichols said. I can't repeat that. It was --
De Weerd: Twenty foot--
Nary: Twenty foot height --
De Weerd: Height. Six --
Nary: From zero grade. 6-12 pitch of the roof.
De Weerd: And no windows above --
Nary: No windows above the first floor.
Bird: And where is that located? How many lots?
Nary: That would be on the lots -- basically the lots adjacent to any existing homes. I don1t
know how many there were.
McKinnon: There were three lots.
Nary: That's the only three lots that were adjacent to existing homes, as noted in the letter
that's included in the record. And for counsel to prepare Findings of Fact and Conclusions
of Law and Decision and Order for all those, included the changes.
Bird: Second.
McKinnon: Mr. Mayor, Members of the Council, a point of clarification for staff. Issue
number 19 talks about approval of the preliminary plat to be contingent upon approval of
Mr. Young. Do you want to continue the language to still be in place if you approve this
tonight you're not -- Mr. Young hasn't given staff approval for that yet. The existing
language says it shall be contingent upon approval by Mr. Young. Do you want that
language to remain in place? I don1t think you -- it's doesn't appear that you do. I think that
you shouldn't adopt that on the same wording, that there needs to be some word smithing
with that.
Nary: I certainly want Mr. Young and Mr. Allen to be at least -- I want them to be
reasonable and be reasonably satisfied with it. I don1t know if Mr. Nichols can word -- I
Meridian City Council Meeting
June 18,2002
Page 57 of 61
think contingent can be problematic in giving them the detail authority. I certainly want
them to be reasonable, I want the developer to find reasonable placement shrubs and I
want them to be reasonable in their -- I guess their approval shall not be unreasonable is
what I at least wanted to say or something to that effect. Mr. Nichols can probably make
that clearer. Are you okay with that?
Nichols: Mr. Mayor, Members of the Council, what I think you want to include as a
condition is that the developer would provide a reasonable screening or a means to
provide reasonable screening at the time Victory Road is widened and somehow we'll
come up with something that talks about reasonable screening to replace existing
shrubbery or to reduce the impact of headlights, that sort of thing, coming out of the
subdivision, we can -- we will have something in the formal findings for you to review and
we will get the language to Mr. Allen, Mr. Young, and Mr. Brown ahead of time so they will
have a chance to review it.
Nary: Thank you.
McKinnon: Mr. Mayor, Members of the Council, one more item of consideration before you
take action on the motion that's been seconded. Item number 69 under the preliminary
plat on the page from the recommendation of Council by the Commission includes the 20
acre park. Is that to be stricken?
Nary: I thought we did.
McKinnon: We got item number 20.
Nary: On the letter it doesn't have a designation as to what one it is.
McKinnon: Okay. All reference to the 20 acre park will be removed. Thank you.
Nary: Yes.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: One more thing that the applicant had mentioned was about a secondary --
that they would work with the Meridian fire department for secondary access, that that
should also be on the preliminary plat.
Nary: The secondary access with a nonbuild on some of those lots until all the bridges are
built. So, yeah, that would be included. All right with you, Mr. Bird?
Bird: I would second that.
Nary: Okay.
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Meridian City Council Meeting
June 18, 2002
Page 58 of 61
Corrie: Okay. You have heard the motion. I hope the stenographer got all that. I was going
to repeat it until we got into some of this other stuff, so I'm going to look really close at this
one. So motion has been made and seconded. Is there any other discussion? Hearing
none, roll-call vote, Mr. Clerk.
Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. Same vote. Three to one ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE NAY.
Corrie: Now I will entertain a motion for the request for a Conditional Use permit.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: I'd move the approval of CUP 02-006, the request for a Conditional Use Permit for a
Planned Unit Development consisting of 353 buildable lots and 31 common lots on 138.88
acres for proposed Tuscany Lakes Subdivision by Gem Park II partnership, which would
include the recommendations of the Planning and Zoning Commission and that item 20, I
think that's where Mr. McKinnon was looking at, item 20 in regards to the 20 acre park site
on this particular property, that that provision be deleted. All other comments and for
counsel to prepare Findings of Fact and Conclusions of Law consisting of all of the
discussion we had regarding the lots -- I don't think this part has any issue regarding the
height, I think this is all on the East, so it probably is not necessary.
Bird: Second.
Corrie: Okay. Motion has been made and seconded on the Conditional Use Permit. Any
further discussion? Roll-call vote, Mr. Berg.
Roll-Call: McCandless, nay; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Three to one ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE NAY.
Item 21 :
Water, Sewer and Trash Delinquencies:
Corrie: Okay. Item No. 21. I think I got it somewhere. Water, sewer, and trash
delinquencies. This is to inform you in writing, if you so choose, that you have a right to a
predetermined hearing on Tuesday, June the 18th, 2002, before the Mayor and City
Council to appear in person to be judged on the facts and defend a claim made by the city
that your water, sewer, and trash bill is delinquent. You may retain counsel. This service
will be discontinued on June 19th, 2002, and/or June 26, 2002, unless payment is
received in full. Is there anyone present that wishes to have his or her water, sewer or
trash delinquency contested? Hearing none, you are hereby informed that you may
Meridian City Council Meeting
June 18, 2002
Page 59 of 61
appeal or have the decision of the city reviewed by the Fourth Judicial District Court
pursuant to Idaho state code. Even though you do appeal, your water will be shut off. The
amount of the shut off list is $24,223.13. I'll entertain a motion to approve the delinquency
turn off schedule and the list.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve the turn off for the water, sewer, and trash delinquency bill to
be discontinued on June 19th, 2002, or June 26, 2002, unless payment is paid for the sum
of $24,223.13.
De Weerd: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Corrie: Council, that takes the agenda to an end. Just one thing I would like to ask. Is
everyone going to the picnic out at the wastewater plant Friday?
Bird: I cannot, Mayor.
Nary: Yeah. ('m planning to be there.
Corrie: Okay. Do you want to take a side dish or a salad?
Nary: I'll bring something.
De Weerd: I'm homeless, I don't have a kitchen. 1'1( bring a bag of chips.
Corrie: So you're going to bring something. Okay. Cherie?
McCandless: Yeah. I will bring something. I don't know what.
Corrie: I bring bean salad for everybody. Okay. Let's see. I may have one -- just ask you
another question, just in case. Do you -- oh, yeah. Do you want the Rebuild America on
the Consent Agenda next meeting?
Nary: Sure.
Corrie: Okay. Okay with that?
De Weerd: Mr. Mayor?
Corrie: Mrs. --
Meridian City Council Meeting
June 18, 2002
Page 60 of 61
De Weerd: De Weerd.
Corrie: I was drawing a blank. Mrs. de Weerd.
De Weerd: It's the same as -- I just had a question on the plan when we will be setting that
on our agenda and --
Corrie: I believe we have got it all finished, I can have it -- want it Monday? You can have
it the first meeting --
De Weerd: Through July and have the lease go out and --
Corrie: July the 2nd?
Bird: Yeah. Please.
Corrie: Or do you want to go to --
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I would appreciate it if -- can you send out announcements to the
departments? Do they have bulletin boards or to each employee, just announcing that we
have the strategic plan and that we appreciate their participation in it and -- because there
are a lot of staff, from what I know, that participated in that plan and that's -- we
appreciated their participation and that we will be adopting that when we move forward.
Thank you.
Corrie: Get that? Okay. All right.
McCandless: Where are we supposed to meet for the parade Friday night?
De Weerd: Are we doing a ribbon cutting?
Corrie: Yes.
De Weerd: For Main Street?
Corrie: Yas. Right before the parade.
Bird: 6:30? Might have to -- I still can't find a team of horses and a wagon.
De Weerd: Did someone contact the committee, since they were going to --
Bird: Did you talk to --
Meridian City Council Meeting
June 18, 2002
Page 61 of 61
Corrie: Oh, I don't --
Bird: Okay. I talked to Hans and he said they didn't -- but if we can't find one --
De Weerd: Well, we will work on some kind of ride for the parade.
Corrie: Okay. Well, we have notified the press and --
Bird: We are going to do that at 6:30, aren't we?
Corrie: 6:00 o'clock. The parade starts at 6:00.
Bird: The parade starts at 7:00.
McCandless: What time do you want us there?
Corrie: 6:00 o'clock.
Bird: Ribbon cutting at 6:30.
Corrie: Okay. The ribbon cutting will be at 6:30. I'll confirm that with the Chamber. And the
parade starts at 7:00. Okay. At North Main and Franklin. That's where the parade starts.
And we will have the -- ACHD will bring us the sign there to -- and then we have about 16
signs and that Council can later.
Bird: Mr. Mayor, I'd move that we adjourn.
De Weerd: Second.
Corrie: All in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Okay. Thank you.
MEETING ADJOURNED AT 10:07 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTESTED: ~~~
WilliAM G. BERG,
7 / -2-- .l'
DATE APTO
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/04/02
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR DRIVE- )
THROUGH WINDOW AND DRIVE- )
THROUGH LANE AT AN )
EXISTING MOXIE JAVA SHOP IN )
A C-G ZONE, LOCATED AT 1800 N. )
LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
AVEST LIMITED PARTNERSHIP, )
)
APPLICANT )
)
Case No. CUP-02-008
FINDINGS OF FACT AND
CONCL USIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on June 4, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin,
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 Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditionalllse permit was published for two
(2) consecutive weeks prior to the said public hearing schedllled for June 4, 2002, before the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
/'-
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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 Junel 4, 2002, 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 9S 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 zone and by reason of the
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 1800 N. Locust Grove Road, Meridian, Idaho.
5. The owner of record and the applicant of the subject property is Avest Limited
Partnership of Boise, Idaho.
6. The subject property is currently zoned C-G. The zoning district of C-G is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
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7. The proposed application requests a conditional use permit for a new drive-
through window and drive-through lane to its existing coffee shop. The C-G zoning designation
within the City of Meridian Zoning and Development Ordinance requires a conditional use
permit be obtained for most uses including those requested by the Applicant. (Meridian City
Zoning and Development Ordinance, Section 11-8-1).
8. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
10. 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.
11. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by
the City Council as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
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1. Landscaping shall comply with the Landscape Ordinance. Three copies of a detailed site plan
with landscaping plans shall be required prior to the issuance of a Certificate of Zoning
Compliance.
2. The drive-through lane shall be painted or otherwise delineated on the parking surface to guide
traffic into and out of the coffee establishment.
3. The menu board shall be erected right next to the service window to the north to allow stacking
of two cars without blocking access to the parking lot to the west of the current location of the
SIgn.
4. All parking and areas of circulation shall be improved with a hard surface in accordance with
Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the
submitted site plan and Ordinance 11-13-4.F.
5. 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.
6. 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 desigIl review and shall require
separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon
3 days notice to the applicant.
7. All construction and site improvements shall conform to the requirements of the Americans with
Disabilities Act.
8. As part of a conditional use permit, the City of Meridian may Impose additional
restri c ti 0 ns/ condi ti ons.
9. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of
construction of the drive-through lane and window.
10. Applicant shall erect a concrete bump-out between the exit to its drive-through lane and that of
TCBY and shall extend such bump-out to at least eighteen feet (18').
Adopt the Recommendations of Meridian Fire Department as follows:
1. Premises Identification. All numbers or addresses shall be 6" high and placed on the
front of the building in such a manner to be clearly visible from the street. The
numbers shall contrast with their background and be placed on the street side of the
building above the front door. UFC 901.4.4
2. Portable Fire Extinguishers shall be installed in occupancies and locations as set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
lr--
in this code and as required by the Chief. UFC 1002.1 Fire Extinguishers shall be of
the 2A lOBe size and have the top of the extinguisher hung 3' to 5' off the floor. The
travel distance to a fITe extinguisher shall not exceed 75'.
3. Provide exit doors complying with the 1997 Uniform Building Code.
4. Post occupancy per the 1997 Uniform Fire Code.
5. This project shall be subject to a fire inspection to determine compliance with the
Uniform Fire Code and Uniform Building Code.
Additionally, comply with the action of the City Council from their meeting held on June 4,
2002 as follows:
1. This application shall run with this property only to the extent that a similar business
operates in the same space. Additionally, a "fast food" business is excluded from using
said drive-tlrrough at any time in the future.
2. The Site Plan that shall be complied with shall be the Site Plan presented at the June 4, 2002
City Council meeting, and which is attached hereto as Exhibit "A". consisting of one page.
13. 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; it is found
that the subject property is large enough to accommodate the requested drive-through uses and
the required features.
14. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is
found that the current Comprehensive Plan Land Use Map designates the property as "Mixed
Planned Use Development". The proposed residential uses are harmonious with and in
accordance with the Comprehensive Plan.
15. 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 0 the same area; it is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
found that the proposed drive-through use will not change the essential character of the general
vicinity, and that the use complies with the intended character of the general vicinity.
16. That the proposed use, ifit complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity; it is found that the proposed use would not
adversely affect other properties in the general vicinity.
17. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional use
shall be able to provide adequately any such services.
18. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic welfare of the
community.
19. 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
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
it is found that the lack of stacking depth to the south of the drive-through widnow, and the
placement of the menu/order board at the southern part of the drive-through lane may result in
vehicles blocking the eastern access in and out of the building's parking lot area, thereby
negatively affecting the traffic flow within the parking lot. The proposed stacking depth is only
sixty feet (60'), enough for three (3) vehicles, while the standard stacking depth for a typcial
drive-through window is one hundred feet (100'), or approximately enough roon for five (5)
vehicles. This is a coffee-only drive-through facility and that service is typically quicker than
most fast-food, drive-through windows; however, stacking does and will occur as it does at other
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
similar coffee establislunents. It is not anticipated that noise from the speaker/menu board will
be detrimental to adjacent properties.
20. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on surrounding public streets.
21. 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.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establislunent of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of tIle 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
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;
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 establislunent 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 desigtled 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 ~ 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
(
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application 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
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
/
\
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 addition of
a new drive-through window and drive-through lane to its existing coffee shop in a C-G zone
located at 1800 N. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use
and development, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the
City Council as follows:
1. Landscaping shall comply with the Landscape Ordinance. Three copies of a detailed site plan
with landscaping plans shall be required prior to the issuance of a Certificate of Zoning
Compliance.
2. The drive-through lane shall be painted or othelWise delineated on the parking surface to guide
traffic into and out of the coffee establishment.
3. The menu board shall be erected right next to the service window to the north to allow
stacking of two cars without blocking access to the parking lot to the west of the current
location of the sign.
4. All parking and areas of circulation shall be improved with a hard surface in accordance with
Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the
submitted site plan and Ordinance 11-13-4.F.
5. 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.
6. 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. Temporary or portable signs shall be prohibited, and shall be removed upon
3 days notice to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
7. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
8. As part of a conditional use permit, the City of Meridian may Impose additional
restri cti ons/ condi ti ons.
9. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start
of construction of the drive-through lane and window.
10. Applicant shall erect a concrete bump-out between the exit to its drive-through lane and that
ofTCBY and shall extend such bump-out to at least eighteen feet (18').
Adopt the Recommendations of Meridian Fire Department as follows:
1. Premises Identification. All numbers or addresses shall be 6" high and placed on the front
of the building in such a manner to be clearly visible from the street. The numbers shall
contrast with their background and be placed on the street side of the building above the
front door. UFC 901.4.4
2. Portable Fire Extinguishers shall be installed in occupancies and locations as set forth in
this code and as required by the Chief. UFC 1002.1 Fire Extinguishers shall be of the 2A
lOBe size and have the top of the extinguisher hung 3' to 5' off the floor. The travel
distance to a fire extinguisher shall not exceed 75'.
3. Provide exit doors complying with the 1997 Uniform Building Code.
4. Post occupancy per the 1997 Uniform Fire Code.
5. This project shall be subject to a fire inspection to determine compliance with the Uniform
Fire Code and Uniform Building Code.
Additionally, comply with the action of the City Council from their meeting held on June 4,
2002 as follows:
1. This application shall run with this property only to the extent that a similar business
operates in the same space. Additionally, a "fast food" business is excluded from using
said drive-through at any time in the future.
2. The Site Plan that shall be complied with shall be the Site Plan presented at the June 4, 2002
City Council meeting, and which is attached hereto as Exhibit "A". consisting of one page.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
S 11-17-9.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
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 FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
18 -I!!:- day of
J~
, 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED$C
VOTED$~
VOTED~
COUNCIL WOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED4~
MAYOR RO~RT ~CORRIE (TIE BREAKER) VOTED
DATED: --I e/--O 2-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
(
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/04/02
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR DRIVE- )
THROUGH WINDOW AND DRIVE- )
THROUGH LANE AT AN )
EXISTING MOXIE JAVA SHOP IN )
A C-G ZONE, LOCATED AT 1800 N. )
LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
AVEST LIMITED PARTNERSHIP, )
)
APPLICANT )
)
)
)
Case No. CUP-02-008
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the June 4, 2002, under
the provisions of Meridian City Code S 11-17-4 for [mal action on conditional use permit
application and the Council having received and approving the Recommendation of the
Planning and Zoning Commission the COllncil takes the following action:
2. That the above named applicant is granted a conditional use permit for
addition of a new drive-through window and drive-through lane to its existing coffee
shop in a C-G zone located at 1800 N. Locust Grove Road, Meridian, Idaho, subject to
the following conditions of use and development:
ORDER CONDITIONAL USE PERMIT
(CUP-02-008)
- 1
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the City Council as follows:
1. Landscaping shall comply with the Landscape Ordinance. Three copies of a detailed site
plan with landscaping plans shall be required prior to the issuance of a Certificate of
Zoning Compliance.
2. The drive-through lane shall be painted or otherwise delineated on the parking surface
to guide traffic into and out of the coffee establishment.
3. The menu board shall be erected right next to the service window to the north to allow
stacking of two cars without blocking access to the parking lot to the west of the current
location of the sign.
5. All parking and areas of circulation shall be improved with a hard surface in accordance
with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with
the submitted site plan and Ordinance 11-13-4.F.
6. 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.
7. 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. Temporary or portable signs shall be prohibited, and shall
be removed upon 3 days notice to the applicant.
8. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
9. As part of a conditional use permit, the City of Meridian may impose additional
restri cti ons/ condi ti ons.
10. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the
start of construction of the drive-through lane and window.
11. Applicant shall erect a concrete bump-out between the exit to its drive-through lane and
that ofTCBY and shall extend such bump-out to at least eighteen feet (18').
Adopt the Recommendations of Meridian Fire Department as follows:
1. Premises Identification. All numbers or addresses shall be 6" high and placed on the
front of the building in such a manner to be clearly visible from the street. The
numbers shall contrast with their background and be placed on the street side of the
ORDER CONDITIONAL USE PERMIT
(CUP-02-008)
-2
(
building above the front door. UFC 901.4.4
2. Portable Fire Extinguishers shall be installed in occupancies and locations as set forth
in this code and as required by the Chief. UFe 1002.1 Fire Extinguishers shall be of
the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off the floor. The
travel distance to a fire extinguisher shall not exceed 75'.
3. Provide exit doors complying with the 1997 Uniform Building Code.
4. Post occupancy per the 1997 Uniform Fire Code.
5. This project shall be subject to a fire inspection to determine compliance with the
Uniform Fire Code and Uniform Building Code.
Additionally, comply with the action of the City Council from their meeting held on
June 4, 2002 as follows:
1. This application shall run with this property only to the extent that a similar business
operates in the same space. Additionally, a "fast food" business is excluded from
using said drive-through at any time in the future.
2. The Site Plan that shall be complied with shall be the Site Plan presented at the June 4,
2002 City Council meeting, and which is attached hereto as Exhibit "A". consisting of
one page.
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 9 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
! B-If>
day of
Ji~
, 2002.
ORDER CONDITIONAL USE PERMIT
(CUP-02-008)
- 3
(
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
ByJl~ P-~t'( fl
City Clerk '
Dated:
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(CUP-02-008)
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR 4 TOWNHOUSE
UNITS IN 2 STORY BUILDING IN
OLD TOWN ZONE FOR
THORNTON 4-PLEX, LOCATED
AT 121 E. KING STREET,
MERIDIAN, IDAHO
SCOTT J. THORNTON,
APPLICANT
C/C 06-04-02
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on June 4, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, Scott Thornton,
and Cameron Williams, 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
Order to-wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
1
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 June 4, 2002, 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 June 4, 2002, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 9 S 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 (O-T) Old Town zone and by reason of the
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 121 E. King Street, in Old Town, Meridian, Idaho.
5. The owner of record of the subject property is Scott J. Thornton of Meridian,
Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
2
6. Applicant is Scott J. Thornton of Meridian, Idaho.
7. The subject property is currently zoned O-T Old Town. The zoning district of 0-
T Old Town 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 development of 4
townhouse style units in a two story building. The 0- T zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
3
(
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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Sanitary sewer and water service to this site shall be provided via existing mains adjacent to
the project site.
2. Assessments for sewer and water service are determined during the building permit
application process.
3. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized
irrigation shall be provided to all landscape areas on site. Applicant shall submit
irrigation performance specifications based on the proposed landscaping when applying
for a Certificate of Zoning Compliance. Applicant shall be required to utilize any
existing surface or well water for the primary source, if existing. If City water is
proposed for irrigation, developer shall be responsible to pay water assessments for the
landscaped areas.
4. Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east
and west property lines, in compliance with City Ordinance. Applicant shall be allowed
to reduce the setback to eight feet from the second story elevation bump out.
Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five-
foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the
structure as the front setback.
5. Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet
the minimum off-street parking requirement. Additionally, a carport covering over the
four (4) innermost parking stalls shall be required.
6. Landscaping: Ordinance 11-13-4.B.1. and the Landscape Ordinance (12-13) require
landscaping be provided on site for all multi-family residences. The Applicant is
proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic
requirements of the ordinances. The trees shall be kept outside of the public right-of-
way. The applicant is responsible to ensure that no easements exist that would preclude
the proposed landscaping.
The application also states that the site has two existing trees. Ordinance 12-13-13-6
requires mitigation for all existing trees removed, unless the trees are deemed unhealthy
or a hazard by the City Arborist. Given space limitations, full mitigation may be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
4
impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All
other healthy trees that are removed shall be mitigated.
7. Fencing: No fencing shall be required for the project. The applicant shall contain debris
on-site during construction so that it does not migrate onto adjacent properties.
8. All HV AC equipment shall be located in the rear (east side) of the four-plex.
9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the
location and design of the trash enclosure area. Submit details and written approval with
a Certificate of Zoning Compliance application.
10. Significant alteration of elevations approved as part of the conditional use permit shall
not be considered without modification of the conditional use permit and additional
public hearings.
STANDARD REQUIREMENTS
1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
2. 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.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All drainage water is to be maintained on-site. Storm water treatment and disposal shall 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.
4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas or the traveling public in accordance with City Ordinance.
5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as
specifically approved. No temporary signage, flags, banners or flashing signs will be
pemlitted.
6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
5
(
7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office prior to applying for building permits. Trash
enclosures shall not be included in required buffer areas.
8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder shall acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
Adopt Meridian Fire Department Recommendations as follows:
1. The project shall have a fire-flow as required by the Uniform Fire Code for the One and two
family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration
of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350'
apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3e 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. The addresses shall be posted in 6" numbers on the street side of the building & small
numbers shall be posted on each entry door.
Adopt Ada County Highway District Recommendations as follows:
1. Dedicate 25- feet of right-of-way from the centerline of King Street 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 not be compensated for this additional right-of-way because King
Street is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2. Applicant is proposing to provide tandem parking off the alley. The applicant is required to
pave the entire width of the alley to its full-required width of 16-feet alld to the nearest street
and abutting the parcel. Parking which is entered from the alley shall be designed so the
minimum clear distance from the back of the parking stall to the opposite side of the alley is
22-feet for perpendicular parking. Parking in the alley is not allowed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
6
3. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street
abutting the parcel.
4. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete
sidewalk to match the new improvements.
5. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
7. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
8. If utility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
9. Any existing irrigation facilities shall be relocated outside of the right-of-way.
10. Campy with all of ACHD's Standard Requirements listed in their report dated April 5,
2002.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environrnental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendation of Sanitary Service as follows:
1. Allow access to the waste receptacles from the alley.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
7
Additionally, comply with the action of the City Council from their meeting held on June 4,
2002, as follows:
1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as
shown on the Site Plan, pave from the street out to the back side of the property.
2. To clarify the fencing issue, no fencing shall be required as addressed within
Recommendation No. 7 above.
3. The applicant shall be allowed the setbacks to be reduced to eight feet from the second
story elevation bump out, as addressed within Recommendation No.5 above.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subj ect property is designated on the "Generalized Land Use Map" as
"Existing Urban".
14. 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: it is found
that the subject property is large enough to accommodate the requested use and all required
features. The proposed alternative compliance for landscaping is agreeable since the project is in
Old Town, where higher densities and mixed uses are encouraged.
15. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is
found that the current Comprehensive Plan Land Use Map designates the property as "Existing
Urban", which is not defined for specific uses. Old Town Policy on page 25 states the following:
"The central core of Meridian is the Old Town area, which includes a healthy mix of
retail, office, industrial and residential uses. The Comprehensive Plan encourages
continued mix of business and residential uses within the Old Town."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
8
Page 27 states:
"Probable mixes uses for Old Town include specialty commercial, higher density
residential, offices, medical facilities and public and semi-public facilities."
Residential policy 2.1 U, page 23 states:
"Support a variety of residential categories (urban, rural, single- family, multi-family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the
City with a range of affordable housing opportunities."
Based on these policies, it is found that the proposed four-plex is in compliance with the
Comprehensive Plan policies for Old Town.
16. 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; it is
found that the design concept is compatible with other uses in the general neighborhood and the
existing/intended character of the area. The Schmeckpeper triiplex apartments were approved in
2000, which are about one block from the proposed site on King Street.
It is also found that the proposed improvements would bring the property closer to the
intended character of the area by replacing the existing dilapidated structure with a new, higher
density residential use.
17. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity; it is not anticipated that the proposed
project will have an adverse impact on the surrounding property.
18. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
9
shall be able to provide adequately any such services; it is found that the proposed development
will be adequately served by the essential public facilities and services listed above, if
improvements are made by the applicant in accordance with existing policies, ordinances and
Uniform Codes.
19. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic welfare of the
community; it is found that the proposed improvements would not be detrimental to the
economic welfare of the community, nor would it create the need for any new facilities or
services to be paid for by the public.
20. 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
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
it is found that that no excessive traffic, noise, smoke, fumes, glare or odors will result from the
proposed use.
21. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on surrounding public streets; it is
found that the proposed use will not create significant interference with any traffic on the
surrounding public streets, if street and parking improvements are designed in conformance with
ACHD requirements. Parking access is taken off the alley, not from King Street.
22. 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; it is found that no
natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
10
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. S 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 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 other uses
in the general neighborhood and with the existing or intended character of the general
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
11
(
vicinity and that such use will not adversely change the essential character of the same area;
D. That the proposed use, ifit 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
designated 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 Old Town District (0- T), 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 (CUP-02-009)
12
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
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 properly;
E. Designate the exact location and nature of the de'l.elopment;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
13
(
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for development
of 4 townhouse style units in a two story building in the Old Town (0- T) zone located at 121 E.
King Street, Meridian, Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Sanitary sewer and water service to this site shall be provided via existing mains adjacent to
the project site.
2. Assessments for sewer and water service are determined during the building permit
application process.
3. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized
irrigation shall be provided to all landscape areas on site. Applicant shall submit
irrigation performance specifications based on the proposed landscaping when applying
for a Certificate of Zoning Compliance. Applicant shall be required to utilize any
existing surface or well water for the primary source, if existing. If City water is
proposed for irrigation, developer shall be responsible to pay water assessments for the
landscaped areas.
4. Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east
and west property lines, in compliance with City Ordinance. Applicant shall be allowed
to reduce the setback to eight feet from the second story elevation bump out.
Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five-
foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the
structure as the front setback.
5. Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet
the minimum off-street parking requirement. Additionally, a carport covering over the
four (4) innermost parking stalls shall be required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
14
6. Landscaping: Ordinance 11-13-4.B.l. and the Landscape Ordinance (12-13) require
landscaping be provided on site for all multi-family residences. The Applicant is
proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic
requirements of the ordinances. The trees shall be kept outside of the public right-of-
way. The applicant is responsible to ensure that no easements exist that would preclude
the proposed landscaping.
The application also states that the site has two existing trees. Ordinance 12-13-13-6
requires mitigation for all existing trees removed, unless the trees are deemed unhealthy
or a hazard by the City Arborist. Given space limitations, full mitigation may be
impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All
other healthy trees that are removed shall be mitigated.
7. Fencing: No fencing shall be required for the project. The applicant shall contain debris
on-site during construction so that it does not migrate onto adjacent properties.
8. All HV AC equipment shall be located in the rear (east side) of the four-plex.
9. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the
location and design of the trash enclosure area. Submit details and written approval with
a Certificate of Zoning Compliance application.
10. Significant alteration of elevations approved as part of the conditional use permit shall
not be considered without modification of the conditional use permit and additional
public hearings.
STANDARD REQUIREMENTS
1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
2. 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.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All drainage water is to be maintained on-site. Storm water treatment and disposal shall 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
15
Wells.
4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas or the traveling public in accordance with City Ordinance.
5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as
specifically approved. No temporary signage, flags, banners or flashing signs will be
permitted.
6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office prior to applying for building permits. Trash
enclosures shall not be included in required buffer areas.
8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder shall acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
Adopt Meridian Fire Department Recommendations as follows:
1. The proj ect shall have a fire-flow as required by the Uniform Fire Code for the One and two
family dwellings will require a fire- flow of 1,750 gallons per minute available for a duration
of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350'
apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary <?r permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
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. The addresses shall be posted in 6" numbers on the street side of the building & small
numbers shall be posted on each entry door.
Adopt Ada County Highway District Recommendations as follows:
1. Dedicate 25- feet of right-of-way from the centerline of King Street 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
16
to 30 business days to process the right-of-way dedication after receipt of all requested
material. The owner will not be compensated for this additional right-of-way because King
Street is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2. Applicant is proposing to provide tandem parking off the alley. The applicant is required to
pave the entire width of the alley to its full-required width of 16- feet and to the nearest street
and abutting the parcel. Parking which is entered from the alley shall be designed so the
minimum clear distance from the back of the parking stall to the opposite side of the alley is
22- feet for perpendicular parking. Parking in the alley is not allowed.
3. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street
abutting the parcel.
4. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete
sidewalk to match the new improvements.
5. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
7. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
8. Ifutility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
9. Any existing irrigation facilities shall be relocated outside of the right-of-way.
10. Compy with all of ACHD's Standard Requirements listed in their report dated AprilS,
2002.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
17
subsurface to prevent impact to groundwater alld surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendation of Sanitary Service as follows:
1. Allow access to the waste receptacles from the alley.
Additionally, comply with the action of the City Council from their meeting held on June 4,
2002, as follows:
1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as
shown on the Site Plan, pave from the street out to the back side of the property.
2. To clarify the fencing issue, no fencing shall be required as addressed within
Recommendation No. 7 above.
3. The applicant shall be allowed the setbacks to be reduced to eight feet from the second
story elevation bump out, as addressed within Recommendation No.5 above.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code 9 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 FINAL ACTION
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
18
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
! fJ~ day of
J~
, 2002.
ROLL CALL:
COUNCILMAN BIRD
VOTED~CL
VOTED ~'-
VOTED~'-'
VOTED~
COUNCIL WOMAN de WEERD
COUNCILWOMAN McCANDLESS
COUNCILMAN NARY
..-----
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6-18~O'L
VOTED
MOTION: ..M
APPROVED-
~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Warks
Department and the City Attorney.
By:JI~~~-~ ( ~
City Clerk
Dated:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
19
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-009)
20
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Filename: FfCIsCUP02-009
Directory: Z:\Work\M\Meridian\Meridian 15360M\Thomton Four-
Plex CUP-02-009
Template: C:\Documents and Settings\ms\Application
Data \Microsoft\ Templates\N ormal.dot
Title: BEFORE THE CITY COUNCIL OF THE CITY OF
MERIDIAN
Subject:
Author: Bill Gigray
Keywords:
Comments:
Creation Date: 6/7/2002 1 :48 PM
Change Number: 12
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(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST :FOR CONDITIONAL
USE PERMIT FOR
DEVELOPMENT OF 4
TOWNHOUSE STYLE UNITS IN A
TWO STORY BUILDING IN OLD
TOWN ZONE, LOCATED AT 121 E.
KING STREET, MERIDIAN,
IDAHO
SCOTT J. THORNTON,
APPLICANT
C/C 06/04/02
)
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Case No. CUP-02-009
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the June 4, 2002, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation of the Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for
development of 4 townhouse style units in a two story building in the Old Town (0- T) zone
located at 121 E. King Street, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Sanitary sewer and water service to this site shall be provided via existing mains adjacent to
the project site.
ORDER CONDITIONAL USE PERMIT
(CUP-02-009)
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2. Assessments for sewer and water service are determined during the building permit
application process.
3. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized
irrigation shall be provided to all landscape areas on site. Applicant shall submit
irrigation performance specifications based on the proposed landscaping when applying
for a Certificate of Zoning Compliance. Applicant shall be required to utilize any
existing surface or well water for the primary source, if existing. If City water is
proposed for inigation, developer shall be responsible to pay water assessments for the
landscaped areas.
4. Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east
and west property lines, in compliance with City Ordinance. Applicant shall be allowed
to reduce the setback to eight feet from the second story elevation bump out.
Front and rear setbacks are approved as shown on the revised plan (4/27/02) with a five-
foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the
structure as the front setback.
5. Parking: The Applicant proposes eight (8) single car tandem spaces, which would meet
the minimum off-street parking requirement. Additionally, a carport covering over the
four (4) innermost parking stalls shall be required.
6. Landscaping: Ordinance 11-13-4.B.l. and the Landscape Ordinance (12-13) require
landscaping be provided on site for all multi-family residences. The Applicant is
proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic
requirements of the ordinances. The trees shall be kept outside of the public right-of-
way. The applicant is responsible to ensure that no easements exist that would preclude
the proposed landscaping.
The application also states that the site has two existing trees. Ordinance 12-13-13-6
requires mitigation for all existing trees removed, unless the trees are deemed unhealthy
or a hazard by the City Arborist. Given space limitations, full mitigation may be
impossible. The dying/diseased tree noted at the site shall not have to be mitigated. All
other healthy trees that are removed shall be mitigated.
7. Fencing: No fencing shall be required for the project. The applicant shall contain debris
on-site during construction so that it does not migrate onto adjacent properties.
8. All HV AC equipment shall be located in the rear (east side) of the four-plex.
9. Applicant shall coordinate with Sanitary Services Corporation (SSe) regarding the
ORDER CONDITIONAL USE PERMIT
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location and design of the trash enclosure areae Submit details and written approval with
a Certificate of Zoning Compliance applicatione
10. Significant alteration of elevations approved as part of the conditional use permit shall
not be considered without modification of the conditional use permit and additional
public hearings.
STANDARD REQUIREMENTS
1 e Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements.
2e 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) requirementse
3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Orde 557,10-1-91) for all off-street parking areas.
All drainage water is to be maintained on-site. Storm water treatment and disposal shall 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.
4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas or the traveling public in accordance with City Ordinance.
5 e All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as
specifically approved. No temporary signage, flags, banners or flashing signs will be
permitted.
6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance.
7. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office prior to applying for building permits. Trash
enclosures shall not be included in required buffer arease
8. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
ORDER CONDITIONAL USE PERMIT
(CUP-02-009)
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During this time, the permit holder shall acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
Adopt Meridian Fire Department Recommendations as follows:
1. The proj ect shall have a fire- flow as required by the Uniform Fire Code for the One and two
family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration
of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350'
apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
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. The addresses shall be posted in 6" numbers on the street side of the building & small
numbers shall be posted on each entry door.
Adopt Ada County Highway District Recommendations as follows:
1. Dedicate 25-feet of right-of-way from the centerline of King Street 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 not be compensated for this additional right-of-way because King
Street is a local street and is to be brought to adopted standards by the developers of abutting
properties.
2. Applicant is proposing to provide tandem parking off the alley. The applicant is required to
pave the entire width of the alley to its full-required width of 16-feet and to the nearest street
and abutting the parcel. Parking which is entered from the alley shall be designed so the
minimum clear distance from the back of the parking stall to the opposite side of the alley is
22- feet for perpendicular parking. Parking in the alley is not allowed.
3. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street
abutting the parcel.
4. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete
sidewalk to match the new improvements.
ORDER CONDITIONAL USE PERMIT
(CUP-02-009)
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5. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
7. Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual.
8. Ifutility relocation is necessary to construct improvements required with this development,
then all utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
9. Any existing irrigation facilities shall be relocated outside of the right-of-way.
10. Compy with all of ACHD's Standard Requirements listed in their report dated April 5,
2002.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Recommendation of Sanitary Service as follows:
1. Allow access to the waste receptacles from the alley.
Additionally, comply with the action of the City Council from their meeting held on June 4,
2002, as follows:
1. Just for clarification pertaining to the paved portion of the alley, the applicant shall, as
shown on the Site Plan, pave from the street out to the back side of the property.
ORDER CONDITIONAL USE PERMIT
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2. To clarify the fencing issue, no fencing shall be required as addressed within
Recommendation No.7 above.
3. The applicant shall be allowed the setbacks to be reduced to eight feet from the second
story elevation bump out, as addressed within Recommendation No.5 above.
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.
By action of the City Council at its regular meeting held on the
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ORDER CONDITIONAL USE PERMIT
(CUP-02-009)
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BEFORE THE MERIDIAN CITY COUNCIL
C/C 06-04-02
IN THE MATTER OF THE )
APPLICATION OF WINSTON )
MOORE, THE APPLICATION FOR )
ANNEXATION AND ZONING OF 40 )
ACRES FOR PROPOSED MARLIN )
SUBDIVISION, LOCATED NORTH )
OF 1-84 AND EAST OF SOUTH )
LINDER ROAD, MERIDIAN, )
IDAHO )
Case No. AZ-02-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on June 10, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator,
Jonathan Seel, and Tara Gorton, 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 ~~ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps
thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993,
Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 40 acres in size, is located north of 1-
84 and east of S. Linder Road, Meridian, Idaho, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area.
4. The owners of record of the subject property are Kimball Properties Limited
Partnership and Winston Moore of Boise; and the applicant is Winston Moore.
5. The property is presently zoned by Ada County as RUT, and consists of vacant
land.
6. The Applicant requests the property be zoned as R-4, with the intent to develop
152 building lots and 5 other lots, which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as MixedIPlanned Use
Development.
7. The subject property is bordered to the north and east by City zoned residential
land, to the south by 1-84, and to the west by Ada County residential property.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
9. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
1. Submit a l1ew legal description to the Public Works Department that includes all of the
adjacent interstate right-of-way per the requirements of the City of Meridian and State Tax
Commission.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic
purposes such as landscape irrigation.
3. A Development Agreement is not required as part of this annexation request.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48 feet for 615 feet tapering to 100 feet for approximately 700 feet to I -84 of
right-of-way from the centerline of Linder Road abutting the parcel by means of a
warranty deed. The right-of-way purchase and sale agreement and deed shall be
completed and signed by the applicant prior to scheduling the final plat for signature by
the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Construct a 5-foot-wide detached concrete sidewalk on Linder Road located 2 feet within
the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District shall require a license agreement for the landscape strip with the
detached sidewalk. An agreement shall be approved prior to scheduling the final plat for
signature.
3. Construct the main entrance to the subdivision, West Verbena Drive, located 600 feet
south of the north property line and intersecting with Linder Road, as proposed. This
location meets District policy and is approved with this application.
4. Construct West Verbena Road (extending from Linder Road approximately 250 feet east)
as a 42 foot street section within 60 feet of right-of-way with curb, gutter and 4-foot
detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public roads
within the subdivision as 36- foot street sections with curb, gutter, and 5-foot-wide
concrete sidewalks within 50 feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West
Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot-wide concrete
sidewalk within 50 feet of right-of-way with parking restricted on one side of each of the
roadways. A signage plan shall be submitted for review and approval by Planning and
Development staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
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7. Extend West Verbena Drive, an existing stub street; into the site at the west property line,
that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD-approved turnaround at the end of West Black Marlin Court.
Submit a design of the turnaround for review and approval by District staff. The
turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
applicant shall also be required to provide a minimum of a 29- foot street section on either
side of any proposed center islands within the turnarounds. The medians shall be
constructed a minimum of 4 feet wide to total a minimum of a 1 OO-square- foot area.
Dedicate 54 feet of right-of-way plus the additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest comer of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue.
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
10. Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
14. Other than the public road specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
15. Comply with all of the Standard Requirements of the Ada County Highway District listed
in their report dated May 2, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One- and two-family dwellings shall require a fITe flow of 1,000 gallons per minute available
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
for a duration of2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall 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 for all internal roads and entrances.
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.
8. The phasing plan shall require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turnaround.
9. The Meridian Fire Dept. shall support the strict application of the Uniform Building Code
for sideyard setbacks with no variances. This would limit the potential fire spread from
building to building in those blocks.
10. Provide a fITe hydrant on the extreme south end of South Linder Rd. adjacent to the conunon
fence with I-84. The project engineer shall contact the fire marshal to work out the details of
this installation.
11. That a fITe flow consistent with Appendix III-A of the Uniform Fire Code be provided for
the portions of the project which are not one or two family dwellings. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
Adopt the Recommendation of the Water Department as follows:
1. That the 12" water main in Linder Road shall need to be extended from Waltman Lane to
the south boundary of the development.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. A Land Use Change / Site application shall be filed on the conditional use permit request.
2. The District's Kennedy Lateral courses along the east boundary of this project. All
encroachments shall have approved plans and a signed License Agreement before
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
construction can begin.
10. 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.9, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
11. It is also found that the development considerations as referenced in Finding No.
9 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
12. It is found that the zoning of the subject real property as Low-Density Residential
District (R-4) requires connection to the Municipal Water and Sewer systems and will be
compatible with the Applicant's development intentions, and will assure that the zoning is
COllsistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed/Planned Use Development. This classification allows for single-
family residential uses, but only under a Planned Development application. Existing single-
family uses abut the subject parcel on three (3) sides. The Generalized Lane Use Map does show
a potential park and school site in this location, symbols which are intended to be "floating" in
nature and would be encouraged should either the Parks & Recreation Department or school
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
district require facilities in this area. It is noted that neither the Parks and Recreation Department
nor the school district have expressed a need or interest for facilities in this area.
13. It is found that the adjacent Landing Subdivision, platted and constructed within
the past six years with standard City and ACHD improvements, would dictate that the abutting
property be similary zoned and developed. The Hark's Corner commercial development at the
southwest comer of Linder and Franklin, about Y2 mile to the north, also provides neighborhood-
type services within a reasonable distance from the site. The Comprehensive Plan also
encourages infill parcels to be annexed and developed.
14. It is found that the general vicinity provides a mix of services and standard City-
size and rural residential lots. The intended character of the vicinity, as noted on the Generalized
Land Use Map, is for a mix of uses, including housing, and it is assumed that other compatible,
residential services would be permitted in the area as well. It is additionally found that the
proposed uses can be designed and constructed in a manner that will be harmonious with and
appropriate in appearance with the existing and intended character of the surrounding area.
15. It is not anticipated that the proposed uses will be hazardous or disturbing to
future or existing neighbors.
16. It is found that the subject property will be served adequately by all essential
public facilities and services, assuming the Meridian .Fire Department responds favorably and
considers this a servicable area. The Ada County Highway District has recommended approval
of this project. Linder Road, Franklin to Cherry Lane, is scheduled for construction in 2007 (or
later) as a 3-1ane urban street.
17. It is found that there will not be additional requirements at public cost and that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
annexation and zoning will not be deterirnental to the community's economic welfare.
18. It is found that the proposed uses will create additional traffic, especially on
Linder Road. However, it is believed that the increase in traffic will not be excessive. ACHD
staffhave determined that the existing road system should adequately accommodate the new
traffic. It is not anticipated that the proposed development will generate traffic, noise, smoke,
odors or other nuisances that would be detrimental to the general welfare of the surrounding
area.
19. It is found that the proposed vehicular approach on Linder Road should not
appreciably interfere with traffic on the surrounding streets, beyond which the roadway can
handle. The existing stub street from The Landing Subdivsiion, W. Verbena Drive, will create
additional traffic, but the majority of the traffic is anticipated to be westbound out of the
subdivision, not through The Landing. Linder is a two-lane roadway with curb, gutter and
sidewalk along the majority of the east side between the subject parcel and Franklin Road. A
future overpass is planned but not scheduled, so all Linder traffic exiting the subdivision will be
northbound only for the foreseeable future.
20. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request.
21. It is found that the annexation of this property would be in the best interest of the
City by providing a variety of housing types and lot sizes, providing a high percentage of
improved open space for future city residents, an innovative subdivision layout, and the
development of an infill parcel of land.
22. The subject annexation request and zoning designation and proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
development relates to and is compatible with the goals and policies of the Comprehensive Plan
of the City as follows:
Goals Section:
Goal 4, Goal 8
Economic Development:
3.1U,3.2U
Land Use:
1.10U, 2.1U, 2.4U, 5.9,5.12
Community Desif!n:
1.3, 1.4, 2.3U, 6.2U, 6.11 U
Transportation Chapter:
1.19U, 1.18
23. The property can be physically serviced with City water and sewer.
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 ~ 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 Planw
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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No.
629, January 4, 1994.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals Section:
Goal 4, Goal 8
Economic Development:
3.1U,3.2U
Land Use:
1.10U, 2.1U, 2.4U, 5.9,5.12
Community Desi2n:
1.3, 1.4, 2.3U, 6.2U, 6.11 U
Transportation Chanter:
1.19U, 1.18
5. The zoning of Low-Density Residential District (R-4) is defined in
the Zoning Ordinance at S 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
(
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 40 acres to Low-
Density Residential District (R-4) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 40 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 anllexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be subject to de-
annexation, with the City of Meridian, which provides for the following conditions of development,
to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Submit a new legal description to the Public Works Department that includes all of the
adjacent interstate right-of-way per the requirements of the City of Meridian and State Tax
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDMSION
(AZ-02-007)
Commission.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7 -517 . Wells may be used for non-domestic
purposes such as landscape irrigation.
3. A Development Agreement is not required as part of this annexation request.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48 feet for 615 feet tapering to 100 feet for approximately 700 feet to 1-84 of
right-of-way from the centerline of Linder Road abutting the parcel by means ofa
warranty deed. The right-of-way purchase and sale agreement and deed shall be
completed and signed by the applicant prior to scheduling the final plat for signature by
the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Construct a 5-foot-wide detached concrete sidewalk on Linder Road located 2 feet within
the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District shall require a license agreement for the landscape strip with the
detached sidewalk. An agreement shall be approved prior to scheduling the final plat for
signature.
3. Construct the main entrance to the subdivision, West Verbena Drive, located 600 feet
south of the north property line and intersecting with Linder Road, as proposed. This
location meets District policy and is approved with this application.
4. Construct West Verbena Road (extending from Linder Road approximately 250 feet east)
as a 42 foot street section within 60 feet of right-of-way with curb, gutter and 4-foot
detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public roads
within the subdivision as 36- foot street sections with curb, gutter, and 5-foot-wide
concrete sidewalks within 50 feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West
Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot-wide concrete
sidewalk within 50 feet of right-of-way with parking restricted on one side of each of the
roadways. A signage plan shall be submitted for review and approval by Planning and
Development staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
7. Extend West Verbena Drive, an existing stub street; into the site at the west property line,
that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD-approved turnaround at the end of West Black Marlin Court.
Submit a design of the turnaround for review and approval by District staff. The
turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The
applicant shall also be required to provide a minimum of a 29- foot street section on either
side of any proposed center islands within the turnarounds. The medians shall be
constructed a minimum of 4 feet wide to total a minimum of a 1 OO-square- foot area.
Dedicate 54 feet of right-of-way plus the additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest comer of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue.
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
10. Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
14. Other than the public road specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
15. Comply with all of the Standard Requirements of the Ada County Highway District listed
in their report dated May 2, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One- and two-family dwellings shall require a fire flow of 1,000 gallons per minute available
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
for a duration of2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall 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 for all internal roads and entrances.
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 with a minimum street width
of37'. UFC 902.2.1
8. The phasing plan shall require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turnaround.
9. The Meridian Fire Dept. shall support the strict application of the Uniform Building Code
for sideyard setbacks with no variances. This would limit the potential fire spread from
building to building in those blocks.
10. Provide a fire hydrant on the extreme south end of South Linder Rd. adjacent to the conunon
fence with 1-84. The project engineer shall contact the fire marshal to work out the details of
this installation.
11. That a fire flow consistent with Appendix 111- A of the Uniform Fire Code be provided for
the portions of the project which are not one or two family dwellings. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
Adopt the Recommendation of the Water Department as follows:
1. That the 12" water main in Linder Road shall need to be extended from Waltman Lane to
the south boundary of the development.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The District's Kennedy Lateral courses along the east boundary of this project. All
encroachments shall have approved plans and a signed License Agreement before
construction can begin.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
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 S
11-21-1 in accordance with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code S 67-6521, an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
!8~
day of
J~
, 2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED $C<..-
VOTED $t(...
COUNCILWOMAN TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDMSION
(AZ-02-007)
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED -$CL,;.
COUNCILMAN WILLIAM L.M. NARY
VOTED $a...-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6 -(8 .-() 2--
VOTED -
:LvIOTION:
APPROVED:~SAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By: S~~+tD, ~Dated:
City Clerk '
~ "'0
~/ 'AI
z:\ W ork\M\Meridian\Meridian 15360M\Marlin Sub AZ-02-007 PP-02-008 CUP-02-0 1 O\AZFff?;~~t.~ff~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MARLIN SUBDIVISION
(AZ-02-007)
(
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FORPRELThfiNARY
PLAT FOR MARLIN
SUBDIVISION, LOCATED NORTH
OF 1-84 AND EAST OF S. LINDER
ROAD, MERIDIAN, IDAHO
BY: WINSTON MOORE,
APPLICANT
C/C 06/04/02
)
)
)
)
)
)
)
)
)
)
)
Case No. PP-02-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on June 4, 2002, and Shari Stiles, Planning and Zoning Administrator, Jonathan Seel, and Tara
Gorton, appeared and testified, and the City Council having received a report from Brad
Hawkins-Clark Planner for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission and the
applicant having submitted the "PRELIMINARY PLAT, MARLIN SUBDIVISION, LOCATED
IN THE NW 1;4 OF THE SW ~, SECTION 13, T.3N., R.1 W., B.M., MERIDIAN, IDAHO,
MARCH 2002, AND A STAMPED DATE OF: MAR 05 2002, JOB NO. 02-017-00, SHEET
NQ. 1, K: \WHMOORE LINDER(02-017-00)\DRA WINGS\MARLIN_PRE.DWG 02/28/2002,
HUBBLE ENGINEERING, INC.", Winston Moore submitted for preliminary plat approval and
which preliminary plat for approval application is herein received and adjudged by the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008)
1
Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned
Low Density Residential District (R-4), and requires connection to the Municipal Water and
Sewer System. [Meridian City Code S 11-7-2 C]
2. The preliminary plat is in conformance with the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that public services can be made available to accommodate the
proposed development if the plat complies with the requirements and conditions hereinafter set
forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions which are requested by the Planning
and Zoning Administrator and the Engineering Technician III and as proposed by the developer
as stated on the preliminary plat there will be public financial capability of supporting services
for the proposed development.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 2
(
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as: "PRELIMINARY PLAT, MARLIN SUBDNISION,
LOCATED IN THE NW 'l'4 OF THE SW~, SECTION 13, T.3N., R.IW., B.M., MERIDIAN,
IDAHO, MARCH 2002, AND A STAMPED DATE OF: MAR 05 2002, JOB NO. 02-017-00,
SHEET NO.1, K: \WHMOORE LINDER(02-017-00)\DRA WINGS\MARLIN_PRE.DWG
02/28/2002, HUBBLE ENGINEERING, INC.".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by" PRELIMINARY PLAT,
MARLIN SUBDIVISION, LOCATED IN THE NW Y4 OF THE SW 114, SECTION 13, T.3N.,
R.IW., B.M., MERIDIAN, IDAHO, MARCH 2002, AND A STAMPED DATE OF: MAR 05
2002, JOB NO. 02-017-00, SHEET NO.1, K: \WHMOORE LINDER(02-017-
OO)\DRA WING S\MARLIN_PRE. DWG 02/28/2002, HUBBLE ENGINEERING, INC.", is
hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Sanitary sewer service to this site shall be via an extension of the existing sewer in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 3
(
Linder Road. Applicant shall be responsible to construct the sewer mains to and
through this proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Works Department. Sewer manholes are to be provided
to keep the sewer lines on the south and west sides of the centerline.
2. Domestic water service to this site shall be via new main extensions from the
existing main in Linder Road and w. Verbena Drive. Applicant shall be responsible
to construct water mains to and through this proposed development, including the
Linder frontage. Subdivision designer to coordinate main sizing and routing with
the Public Works Department.
3. The extension of Verbena Street, through the proposed plat shall be completed at
the completion of Phase I of construction, as called for in Applicant's plans, and
that Phase II of construction, as called for in Applicant's plans, shall not begin until
the completion of Verbena Street through the aforementioned plat.
4. If the developer intends to phase construction, the Applicant shall submit a revised
Preliminary Plat showing any proposed phase lines and numbers.
5. Ordinance 12-1 0-5.A, Minimum House Sizes Shown on Plat, requires that "all new
residential housing development plats shall have the individual lots marked showing
the minimum size house that can be constructed thereon, and no plat shall be
recorded henceforth without such indication clearly shown thereon." Applicant shall
submit a revised Preliminary Plat complying with this ordinance.
6. The Applicant shall submit a revised Landscape Plan showing the cross-section of
the 1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the
fence and the freeway. This would be fencing for the adjacent landowners and/or
homeowners, and which is actually the area between the southern lots and 1-84.
The Applicant shall also design the landscape buffer along 1-84 to accommodate
runoff from the berm so that water will not collect in the rear yards of residences
within Block 7.
7. A detailed fencing plan shall be submitted with each Final Plat application. Any
proposed fencing adjacent to Lot 6, Block 3 shall be clear-vision. If solid fencing is
used, it shall be a maximum of 4- feet in height, and there shall be no use of chain
link fencing adjacent to the park. The NMID allows fencing within their Kennedy
Lateral easement under existing License Agreement No. 97009476. However, the
specific location of the fence is dependent upon the buildable lot rear line location.
The east perimeter fence shall be placed on the rear lot lines, which shall need to be
determined through an encroachment agreement, per item #12 below.
8. Lot 21, Block 1 and a portion of Lot 1, Block 1 are micropath lots. Ordinance 12-
13-15-9 encourages all fences adjacent to micropath lots to be clear-vision. Ifso1id
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION 1 (PP-02-008) 4
fencing is used, it shall be a maximum of 4- feet in height. The 6- foot vinyl fence
proposed in the Landscape Plan (Sheet CUP-C) adjacent to the micropath in Lot 1,
Block 1 is not approved and must comply with Ordinance 12-13-15-9. The
developer will be responsible for the construction of the fences adj acent to Lot 21,
Block 1 and Lot 1, Block 1 and said fence restriction shall be included as a note on
the Final Plats.
9. The developer shall comply with Ordinance 12-13-10-9 on Linder Road regarding
the landscaping of unimproved street right-of-way greater than 13 feet in width.
Said landscaping shall be installed or bonded for prior to issuance of any
Certificates of Occupancy.
10. The required landscaping and irrigation system on Linder Road and adj acent to 1-84
shall be installed prior to the issuance of a Certificate of Occupancy for any building
on any lot created by the subdivision. All required fencing shall be installed prior to
the issuance of any building permits. Landscaping and fencing shall be bonded for
prior to City signature on the Final Plat.
11. The minimum number of street trees, as required by Ordinance 12-13-10-6, is not
met by the proposed Landscape Plan for the Linder Road and 1-84 required buffers.
Applicant shall submit detailed landscape plans with the Final Plat application that
complies with this ordinance.
12. South ofW. Verbena Drive, ACHD is requiring more right-of-way on Linder Road
than what is shown on the Preliminary Plat. Ordinance 12-13-10-4 requires a
minimum 25-foot wide street buffer along Linder Road, beyond future right-of-way.
It appears the additional right-of-way will significantly reduce the proposed buffer
width to less than 10 feet at some locations. The Applicant shall address the issue of
how adequate buffering shall be provided from the future overpass. The Applicant
shall submit a revised Preliminary Plat showing the required Linder Road right-of-
way, the new street buffer width, and any revised open space calculations. The
Applicant shall obtain a slope easement for landscaping the east slope of any future
overpass from Ada County Highway District and/or Idaho Department of
Transportation
13. Fifteen (15) building lots within Blocks 1 and 7, adjacent to the east boundary,
appear to encroach into the Kennedy Lateral easement. These lots shall be
configured to the edge of easement lines unless an encroachment agreement is
granted by Nampa Meridian Irrigation District. If the former is the case, create a
common area lot covering the balance of the easement width, and submit a copy of
said NMID agreement prior to submittal of the Final Plat application.
14. The Preliminary Plat fails to show the how street drainage is being handled. The
plat shall be revised to show set-aside areas for drainage retention/detention.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 5
(
15. Underground pressurized irrigation shall be provided to all landscape areas on site.
Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa &
Meridian Irrigation District. If the system is being proposed as a private system,
plans and specifications for the irrigation system shall be reviewed by the Public
Works Department as part of the development plan review process. A draft copy of
the pressurized irrigation system O&M manual shall submitted prior to plan
approval.
16. 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.
17. Applicant shall provide a copy of the complete geotechnical engineering report to
be issued by Materials Testing & Inspection to the Public Works Department.
18. Applicant shall revise preliminary plat note #1 to also include the rear lot lines.
GENERAL COMMENTS (Preliminarv Plat)
1. Applicant shall submit a copy of the Ada County Street Name Committee's final
approval letter for the subdivision name, and the lot and block numbering. Make
any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% shall be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being subdivided
shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown
on the site plans. Plans shall need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 6
(
said approval submitted to the Public Works Department.
6. Any existing domestic wells and/or septic systems within this project shall have to
be removed from their domestic service per City Ordinance Sections 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
7. Slopes within drainage lots are not to exceed a ratio of 3: 1.
8. Performance specifications for the common area pressurized irrigation system
shall be submitted with each Final Plat application.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48- feet for 615- feet tapering to 100- feet for approximately 700- feet to
1-84 of right-of-way from the centerline of Linder Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and
deed shall be completed and signed by the applicant prior to scheduling the final
plat for signature by the ACHD Commission or prior to issuance of a building
permit (or other required permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk. The District shall require a license
agreement for the landscape strip with the detached sidewalk. An agreement
shall be approved prior to scheduling the final plat for signature.
3. Construct the main entrance to the subdivision, West Verbena Drive,
located 600-feet south of the north property line and intersecting with
Linder Road, as proposed. This location meets District policy and is
approved with this application.
4. Construct West Verbena Road (extending from Linder Road approximately 250-
feet east) as a 42-foot street section within 60-feet of right-of-way with curb,
gutter and 4- foot detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public
roads within the subdivision as 36-foot street sections with curb, gutter, and 5-
foot wide concrete sidewalks within 50-feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and
West Brook Trout Drive as a 29- foot street section with curb, gutter and 5- foot
wide concrete sidewalk within 50-feet of right-of-way with parking restricted on
one side of each of the roadways. A signage plan shall be submitted for review
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 7
and approval by Planning and Development staff.
7. Extend West Verbena Drive, an existing stub street; into the site at the west
property line, that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD approved turnaround at the end of West Black Marlin
Court. Submit a design of the turnaround for review and approval by District
staff. The turnarounds shall be constructed to provide a minimum turning radius
of 45-feet. The applicant shall also be required to provide a minimum of a 29-
foot street section on either side of any proposed center islands within the
turnarounds. The medians shall be constructed a minimum of 4-feet wide to total
a minimum of a 1 DO-square foot area. Dedicate 54-feet of right-of-way plus the
additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest comer of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout
A venue.
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
If the applicant proposes to construct traffic islands within the knuckles, the
applicant shall be required to construct a traffic island in the knuckle; the traffic
island shall be a minimum of 4-feet wide witll a minimum area of 100-square feet
and designed to safely channel traffic. The roadway around the traffic island shall
maintain a minimum of a 29- foot street section. The design shall be reviewed and
approved by ACHD's Planning and Development staff.
10. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 8
14. Other than the public road specifically approved with this application, direct lot
or parcel access to Linder Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
15. Comply with all the Standard Requirements listed in ACHD's report dated May
2, 2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One- and two-family dwellings shall require a fIfe flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Operational fIfe hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall be by the Meridian Water
Department.
4. Final Approval of the fIfe hydrant locations shall be by the Meridian Fire
Department.
5. All radii shall be 28' inside and 48' outside radius for all internal roads and
entrances.
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.
8. 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.
9. The Meridian Fire Department shall support the strict application of the Uniform
Building Code for sideyard setbacks with no variances. This would limit the
potential fire spread from building to building in those blocks.
10. Provide a fIfe hydrant on the extreme South end of South Linder Rd. adjacent to the
common fence with 1-84. The project engineer contact the fITe marshal to work out
the details of this installation.
11. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 9
provided for the portions of the project which are not one or two family dwellings.
Fire hydrants shall be placed an average of 400' apart. 1997 UFe Appendix III-A
Adopt the Recommendation of the N ampa & Meridian Irrigation District as
follows:
1. Applicant shall apply for a land use change/site application.
2. The District's Kennedy Lateral courses along the east boundary of this project.
All encroachments shall have approved plans and a signed License Agreement
before construction can begin.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
Adopt the Notation of the Water Department as follows:
1. The 12" main in Linder Road should be extended from Waltman Lane to the
south boundary of the development.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION 1 (PP-02-008) 10
By action of the City Council at its regular meeting held on the
day of ~VyJL , 2002.
/S-t:b
ROLL CALL
COUNCILMAN BIRD
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COUNCILWOMAN deWEERD
VOTED~
COUNCILWOMAN McCANDLESS
VOTED~
VOTED~
COUNCILMAN NARY
----
MAYORROBERTD. CORRIE
(TIE BREAKER)
6-/8-02-
VOTED
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Copy served upon Applicant, The Planning and Zoning Department, Public Works
Department and City Attorney.
By:JI~,b~! ().
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
MARLIN SUBDIVISION / (PP-02-008) 11
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR THE
MARLIN SUBDIVISION IN AN R-4
ZONE LOCATED NORTH OF 1-84,
EAST OF S. LINDER ROAD,
MERIDIAN, IDAHO
WINSTON MOORE,
APPLICANT
C/C 06/04/02
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Case No. CUP-02-010
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on June 4, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Shari Stiles the Planning and Zoning Administrator, Jonathan Seel,
and Tara Gorton, 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
Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERl\1IT - 1
(2) consecutive weeks prior to the said public hearing scheduled for June 4, 2002, 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 June 4, 2002, 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 an RUT Ada County zone and by reason
of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the
City Council on this application.
4. The property is located north of 1-84, east of S. Linder Road, Meridian, Idaho.
5. The owner of record of the subject property is Kimball Properties Limited
Partnership and Winston Moore of Boise, Idaho.
6. Applicant is Winston Moore of Boise, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
(
7. The subject property is currently zoned RUT Ada County. There is however an
application for annexation and zoning to R-4 before the City Council. The zoning district ofR-4
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 planned
development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin
Subdivision. The R-4 zoning designation within the City of Meridian Zoning and Development
Ordinance requires a conditional use permit be obtained for most uses including those requested
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
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 Meridiall 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
(
political subdivisions providing services to the subject real property within the planning
jurisdiction of the City of Meridian, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one
hundred (100) square feet of use able private open space, such as a patio or deck.
3. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat
is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the
"Preliminary Plat Features" block shows 191,819 sq. ft. (11.01 %). The Applicant shall
correct this discrepancy on the plat. In either instance, the minimum 10% open space
required to count as one of the project's two amenities has been met.
4. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every
planned development. The 10+ percent open space noted in Item #3 above counts as one of
the required amenities, which has a central location and the size of this open space is good.
However, a second project amenity shall be provided. Applicant shall submit in writing a
description of their proposed second amenity and on which open space lot it shall be sited.
The proposed amenity shall meet the intent of Ordinance 12-6-2.A.3 and it shall be adequate
to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg.
household size of 2.98 persons for owner-occupied units in Meridian). Place stationary
playground equipment in the development's parks in lieu of some of the barbecue/picnic
areas called for in Applicant's plans. Additionally, the Applicant has plans for one park to
be for older kids and one park for younger kids, and to include a playground.
5. Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within
eighteen (18) months of approval, as set forth in Section 11-17-4.
6. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
7. No building permits shall be issued within the development until a Final Plat has been
recorded for the subdivision.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 ofright-
of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed.
The right-of-way purchase and sale agreement and deed shall be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD Commission or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
(
prior to issuance ofa building permit (or other required permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the
new right-of-way. Coordinate the location and elevation of the sidewalk with District staff.
If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk.
The District shall require a license agreement for the landscape strip with the detached
sidewalk. An agreement shall be approved prior to scheduling the final plat for signature.
3. Construct the main entrance to the subdivision, West Verbena Drive, located 600-
feet south of the north property line and intersecting with Linder Road, as
proposed. This location meets District policy and is approved with this
application.
4. Construct West Verbena Road (extending from Linder Road approximately 250-feet east)
as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot
detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West
Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete
sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the
roadways. A signage plan shall be submitted for review and approval by Planning and
Development staff.
7. Extend West Verbena Drive, an existing stub street; into the site at the west property line,
that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD approved turnaround at the end of West Black Marlin Court.
Submit a design of the turnaround for review and approval by District staff. The
turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The
applicant shall also be required to provide a minimum of a 29- foot street section on either
side of any proposed center islands within the turnarounds. The medians shall be
constructed a minimum of 4- feet wide to total a minimum of a 1 GO-square foot area.
Dedicate 54-feet of right-of-way plus the additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest comer of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
(
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
If the applicant proposes to construct traffic islands within the knuckles, the applicant shall
be required to construct a traffic island in the knuckle; the traffic island shall be a minimum
of 4- feet wide with a minimum area of 100-square feet and designed to safely channel traffic.
The roadway around the traffic island shall maintain a minimum of a 29- foot street section.
The design shall be reviewed and approved by ACHD's Planning and Development staff.
10. Any proposed landscape islands/rnedians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
14. Other than the public road specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
15. Comply with all of ACHD's Standard Requirements listed in their report dated May 2,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for a duration of2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fIfe hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall 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 for all internal roads and entrances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
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.
8. The phasing plan shall require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
9. The Meridian Fire Department shall support the strict application of the Uniform Building
Code for sideyard setbacks with no variances. This shall limit the potential fITe spread from
building to building in those blocks.
10. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the connnon
fence with 1-84. The project engineer contact the fire marshal to work out the details of this
installation.
11. That a fIfe-flow consistent with Appendix III-A of the Uniform Fire Code be provided for
the portions of the project which are not one or two family dwellings. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix ill-A
Adopt the Recommendation of the N ampa & Meridian Irrigation District.
1. Applicant sllall apply for a land use changelsite application.
2. The District's Kennedy Lateral courses along the east boundary of this project. All
encroachments shall have approved plans and a signed License Agreement before
construction can begin.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
Adopt the Notation of the Water Department as follows:
1. The 12" water main in Linder Road should be extended to the south end of the
development.
Additionally, comply with the action of the City Council taken at their June 4, 2002
meeting as follows:
1. The Applicant shall submit a revised Landscape Plan showing the cross-section of the
1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence
and the freeway. This would be fencing for the adjacent landowners and/or
homeowners, and which is actually the area between the southern lots and 1-84. The
Appliant shall also design the landscape buffer along 1-84 to accommodate runofffrorn
the berm so that water will not collect in the rear yards of residences within Block 7.
13. It is found that the subject property is large enough to accommodate the requested
use and all other required features.
14. It is found that the current Comprehensive Plan Land Use Map designates the
property as Mixed/Planned Use Development. The proposed residential uses and house types
are harmonious with and in accordance with the Comprehensive Plan. The project meets the
requirements and objectives of the Planned Development Ordinance.
15. It is found that assuming standard construction, dust mitigation and other
operation practices are followed and enforced, the proposed Marlin Subdivision is consistent
with the intended charcater of this area. Staff typically does not consider single-family
residential adjacent to single-family residential to be incompatible uses, regardless of adjacent
lots sizes.
16. It is not anticipated that the proposed project will have an adverse impact on the
surrounding property.
17. It is found that the proposed development can be adequately served by the
essential public facilities and services listed above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
,-
[
18. It is found that the proposed use would not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or services to be
paid for by the public.
19. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed use. Standard construction containment practices must be observed.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. Additionally, the applicant shall comply with all of
ACHD's May 2, 2002 report.
It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this
conditional use.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
(
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 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 Low Density Residential District
(R-4), a public hearing shall be conducted with notice to be published and provided to property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which
provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan,
City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code
~ 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 properly;
E. Designate the exact location and nature of the development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
(
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council
does hereby ORDER and this does Order that:
1. That the above named applicant is granted a conditional use permit for planned
development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin
Subdivision in an R-4 zone located north of 1-84, east of S. Linder Road, Meridian, Idaho,
subject to the following conditions of use and development, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one hundred
(100) square feet of use able private open space, such as a patio or deck.
3. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat is
correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the
"Preliminary Plat Features" block shows 191,819 sq. ft. (11.01 %). The Applicant shall correct
this discrepancy on the plat. In either instance, the minimum 10% open space required to count
as one of the project's two amenities has been met.
4. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every planned
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
development. The 10+ percent open space noted in Item #3 above counts as one of the required
amenities, which has a central location and the size of this open space is good. However, a
second project amenity shall be provided. Applicant shall submit in writing a description of their
proposed second amenity and on which open space lot it shall be sited. The proposed amenity
shall meet the intent of Ordinance 12-6-2.A.3 and it shall be adequate to meet the needs of the
anticipated 453 residents of this subdivision (152 d.u. x avg. household size of2.98 persons for
owner-occupied units in Meridian). Place stationary playground equipment in the development's
parks in lieu of some of the barbecue/picnic areas called for in Applicant's plans. Additionally,
the Applicant has plans for one park to be for older kids and one park for younger kids, and to
include a playground.
5. Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within eighteen
(18) months of approval, as set forth in Section 11-17-4.
6. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
7 . No building permits shall be issued within the development until a Final Plat has been recorded
for the subdivision.
Adopt the Recommendations of the ACHn as follows:
1. Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of
right-of-way from the centerline of Linder Road abutting the parcel by means of a
warranty deed. The right-of-way purchase and sale agreement and deed shall be
completed and signed by the applicant prior to scheduling the final plat for signature by
the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the
new right-of-way. Coordinate the location and elevation of the sidewalk with District staff.
If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk.
The District shall require a license agreement for the landscape strip with the detached
sidewalk. An agreement shall be approved prior to scheduling the final plat for signature.
3. Construct the main entrance to the subdivision, West Verbena Drive, located 600-feet
south of the north property line and intersecting with Linder Road, as proposed. This
location meets District policy and is approved with this application.
4. Construct West Verbena Road (extending from Linder Road approximately 250-feet east)
as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot
detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
concrete sidewalks within 50-feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West
Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete
sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the
ro~dways. A signage plan shall be submitted for review and approval by Planning and
Development staff.
7. Extend West Verbena Drive, an existing stub street; into the site at the west property line,
that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD approved turnaround at the end of West Black Marlin Court.
Submit a design of the turnaround for review and approval by District staff. The
turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The
applicant shall also be required to provide a minimum of a 29-foot street section on either
side of any proposed center islands within the turnarounds. The medians shall be
constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area.
Dedicate 54-feet of right-of-way plus the additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest comer of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue.
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
If the applicant proposes to construct traffic islands within the knuckles, the applicant shall
be required to construct a traffic island in the knuckle; the traffic island shall be a minimum
of 4-feet wide with a minimum area of 1 DO-square feet and designed to safely channel traffic.
The roadway around the traffic island shall maintain a minimum of a 29- foot street section.
The design shall be reviewed and approved by ACHD's Planning and Development staff.
10. Any proposed landscape islands/rnedians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting the site
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
shall be borne by the developer.
14. Other than the public road specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
15. Comply with all of ACHD' s Standard Requirements listed in their report dated May 2,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for a duration of2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall 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 for all internal roads and entrances.
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.
8. The phasing plan shall require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
9. The Meridian Fire Department shall support the strict application of the Uniform Building
Code for sideyard setbacks with no variances. This shall limit the potential fire spread from
building to building in those blocks.
10. Provide a fIfe hydrant on the extreme South end of South Linder Rd. adjacent to the common
fence with 1-84. The project engineer contact the fIfe marshal to work out the details of this
installation.
11. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided for
the portions of the project which are not one or two family dwellings. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
(
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use change/site application.
2. The District's Kennedy Lateral courses along the east boundary of this project. All
encroachments shall have approved plans and a signed License Agreement before
construction can begin.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Notation of the Water Department as follows:
1. The 12" water main in Linder Road should be extended to the south end of the
development.
Additionally, comply with the action of the City Council taken at their June 4, 2002
meeting as follows:
1. The Applicant shall submit a revised Landscape Plan showing the cross-section of the 1-
84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence and
the freeway. This would be fencing for the adjacent landowners and/or homeowners, and
which is actually the area between the southern lots and 1-84. The Appliant shall also
design the landscape buffer along 1-84 to accommodate runoff from the berm so that
water will not collect in the rear yards of residences within Block 7.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code S 11-1 7 -9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
(
(
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 FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
~+I
18 -- dayof
dtvnL
, 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED$iL-
VOTED~<<-
VOTED$<<-
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED $VL
--
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 6 -( fl-tJ 2-
MOTION: ~-=-
APPROVED: ~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
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Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: Jdk ~ ~ ~f l 9v.
City Clerk
Dated: 6--; -c 2-
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR THE
MARLIN SUBDIVISION IN AN R-4
ZONE LOCATED NORTH OF 1-84,
EAST OF S. LINDER ROAD,
MERIDIAN, IDAHO
WINSTON MOORE,
APPLICANT
C/C 06/04/02
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-010
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the June 4, 2002, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation of the Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for planned
development of a 152 building lot and 6 other lot residential subdivision for proposed Marlin
Subdivision in an R-4 zone located north of 1-84, east ofS. Linder Road, Meridian, Idaho,
subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one
ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
- 1
(
hundred (100) square feet of use able private open space, such as a patio or deck.
3. The Applicant shall confirm which net ope.n space calculation listed on the Preliminary Plat
is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the
"Preliminary Plat Features" block shows 191,819 sq. ft. (11.01 %). The Applicant shall
correct this discrepancy on the plat. In either instance, the minimum 10% open space
required to count as one of the project's two amenities has been met.
4. Per Ordinance 12-6-2.A.3, at least two (2) amenities shall be provided as part of every
planned development. The 10+ percent open space noted in Item #3 above counts as one of
the required amenities, which has a central location and the size of this open space is good.
However, a second project amenity shall be provided. Applicant shall submit in writing a
description of their proposed second amenity and on which open space lot it shall be sited.
The proposed amenity shall meet the intent of Ordinance 12-6-2.A.3 and it shall be adequate
to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg.
household size of 2.98 persons for owner-occupied units in Meridian). Place stationary
playground equipment in the development's parks in lieu of some of the barbecue/picnic
areas called for in Applicant's plans. Additionally, the Applicant has plans for one park to
be for older kids and one park for younger kids, and to include a playground.
5. Per Ordinance 12-6-8, initiation of work on Marlin Subdivision shall take place within
eighteen (18) months of approval, as set forth in Section 11-17-4.
6. All development shall comply with the Americans with Disabilities Act and the Fair Housing
Act.
7. No building permits shall be issued within the development until a Final Plat has been
recorded for the subdivision.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of
right-of-way from the centerline of Linder Road abutting the parcel by means ofa
warranty deed. The right-of-way purchase and sale agreement and deed shall be
completed and signed by the applicant prior to scheduling the final plat for signature by
the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within
the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk. The District shall require a license agreement for the landscape strip with the
detached sidewalk. An agreement shall be approved prior to scheduling the final plat for
ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
-2
(
signature.
3. Construct the main entrance to the subdivision, West Verbena Drive, located 600-
feet south of the north property line and intersecting with Linder Road, as
proposed. This location meets District policy and is approved with this
application.
4. Construct West Verbena Road (extending from Linder Road approximately 250-feet east)
as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot
detached sidewalk, as proposed.
5. Unless otherwise approved, the applicant shall be required to construct all public roads
within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
6. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West
Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete
sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the
roadways. A signage plan shall be submitted for review and approval by Planning and
Development staff.
7. Extend West Verbena Drive, an existing stub street; into the site at the west property line,
that is a part of The Landing Subdivision, as proposed.
8. Construct an ACHD approved turnaround at the end of West Black Marlin Court.
Submit a design of the turnaround for review and approval by District staff. The
turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The
applicant shall also be required to provide a minimum of a 29- foot street section on either
side of any proposed center islands within the turnarounds. The medians shall be
constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area.
Dedicate 54-feet of right-of-way plus the additional width of the median.
9. Construct six knuckles, as proposed.
. Northwest comer of West Brown Trout Street and North Grayling Avenue.
. Southwest corner of North Grayling Avenue and North Barracuda Avenue.
. Southeast comer of North Roosterfish Avenue and North Barracuda Avenue.
. Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue.
. Southeast comer of North Bass Drive and West Silver Salmon Drive.
. Northeast comer of West Brown Trout Street and North Black Marlin Drive.
If the applicant proposes to construct traffic islands within the knuckles, the applicant shall
ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
-3
(
(
be required to construct a traffic island in the knuckle; the traffic island shall be a minimum
of 4- feet wide with a minimum area of 100-square feet and designed to safely channel traffic.
The roadway around the traffic island shall maintain a minimum of a 29- foot street section.
The design shall be reviewed and approved by ACHD's Planning and Development staff.
10. Any proposed landscape islandslmedians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
11. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
12. Any existing irrigation facilities shall be relocated outside of the right-of-way.
13. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
14. Other than the public road specifically approved with this application, direct lot or parcel
access to Linder Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
15. Comply with all of ACHD's Standard Requirements listed in their report dated May 2,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for a duration of2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection shall 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 for all internal roads and entrances.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
-4
(
7. The roadways shall be built to Ada County Highway Standards.
8. The phasing plan shall require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
9. The Meridian Fire Department shall support the strict application of the Uniform Building
Code for sideyard setbacks with no variances. This shall limit the potential fire spread from
building to building in those blocks.
10. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the conunon
fence with 1-84. The project engineer contact the fire marshal to work out the details of this
installation.
11. That a flIe-flow consistent with Appendix III-A of the Uniform Fire Code be provided for
the portions of the project which are not one or two family dwellings. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix Ill-A
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
1. Applicant shall apply for a land use changelsite application.
2. The District's Kennedy Lateral courses along the east boundary of this project. All
encroachments shall have approved plans and a signed License Agreement before
construction can begin.
Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
Adopt the Notation of the Water Department as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
-5
(
1. The 12" water main in Linder Road should be extended to the south end of the
development.
Additionally, comply with the action of the City Council taken at their June 4, 2002
meeting as follows:
1. The Applicant shall submit a revised Landscape Plan showing the cross-section of the
1-84 landscape buffer berm to be a thirty-five foot (35') wide buffer between the fence
and the freeway. This would be fencing for the adjacent landowners and/or
homeowners, and which is actually the area between the southern lots and 1-84. The
Appliant shall also design the landscape buffer along 1-84 to accommodate runoff from
the berm so that water will not collect in the rear yards of residences within Block 7.
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.
By action of the City Council at its regular meeting held on the
/87f1
day of
J tvJVL-
, 2002.
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
ByJl~#~ I ~
City Clerk
Dated: 6-1f..-Ol,-
SEAL
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ORDER CONDITIONAL USE PERMIT
(CUP-02-010)
BEFORE THE MERIDIAN CITY COUNCIL
CIC 06/04/02
IN THE MATTER OF THE )
APPLICATION OF LOCUST GROVE )
LTD., LLC, REQUEST FOR VARIANCE )
TO CITY ORDINANCE TO ALLOW AN )
OFF PREMISE SIGN (11-14-6) IN A C-G )
ZONE, LOCATED AT THE )
SOUTHEAST CORNER OF E. )
F AIRVIEW AVENUE AND NORTH )
LOCUST GORVE ROAD, MERIDIAN, )
IDAHO
CASE NO. V AR-02-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND ORDER
OF DECISION
DENYING VARIANCE
The above entitled matter coming on regularly for public hearing before the City Council
on June 4, 2002, and Shari Stiles, Planning and Zoning Administrator, and Bill Gyer, appeared
and testified at the hearing, and the City Council having received the transmittal to agencies and
having received the variance application, having heard the testimony presented, being fully
advised in the premises does hereby make the following Findings of Fact and Conclusions of
Law and Order of Decision, as follows to-wit:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice of government ordinances, and policies, and of
actual conditions existing within the City and State.
1. The City of Meridian has authority pursuant to the enactment of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC 1 (V AR-02-006)
Page 1
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in
S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance
permits.
2. The City of Meridiall has duly exercised its authority of Idaho Code
S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code S 11-18.
3. That the requirements for the processing of a variance request are set
forth in Idaho Code SS 67-6509,6516 and Meridian City Code SS 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City
Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-
3, include required findings that there are special circumstances or conditions affecting the
property that strict application of the provisions of Zoning and Development Ordinance would
clearly be impracticable and unreasonable, and a finding that strict compliance with the
requirements of the Zoning and Development Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because unusual topography, the nature or condition of
adjacent development, or other physical conditions or other conditions that make strict
compliance with the ordinance unreasonable under the circumstances, or that the conditions and
requirements of said ordinance will result in inhibiting the achievements or the objectives of the
ordinance, and that the granting of a specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated, and that such
variance will not have the effect of altering the interest and purposes of the Zoning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC 1 (V AR-02-006)
Page 2
Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, S 11-18-3, and in particular item Sll-18-3 D, FINDINGS, and
in the C-G zone, which provides as follows:
11-18-3 D FINDINGS:
A. That there are such special circumstances or conditions affecting the property that the
strict application of the provisions of this Title would clearly be impracticable or
unreasonable.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of this
Title will result in inhibiting the achievements or the objectives of this Title.
c. That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated.
D. That such variance will not have the effect of altering the interest and purpose of this
Title and the Meridian Comprehensive Plan.
6. That the City of Meridian adopted a new Sign Ordinance on February 20,2001, and
which Sign Ordinance addresses, under S 11-14-6, that off-pren1ise signs, except as permitted
and defined in Sections 11-14-7.A.4., 11-14-9 E., and 11-14-9 J., are prohibited. The approval
of the new Sign Ordinance would then apply to the Applicant's present variance request, as the
Applicant would need to construct a Center Sign, and would not be allowed an off-premise sign.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The applicant, Locust Grove Ltd., LLC, owner of the property located at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (V AR-02-006)
Page 3
(
southeast comer ofE. Fairview Ave. and N. Locust Grove Road, filed for a variance of the sign
requirements of the Meridian City Code at S 11-14-6, and which request is not in conformance
with the new Meridian City Code.
2. Applicant, Locust Grove Ltd., LLC, seeks a variance of the sign requirements
because his property is blocked from view from the major arterial.
3. The location of the subject property is located in a General Retail and Service
Commercial District (C-G) at the southeast comer ofE. Fairview Ave. and N. Locust Grove
Road, Meridian, Idaho.
4. The legal description of the property appertains to the real property that is included
within the Vicinity Map as appears in the record of proceeds of this matter, and which is on file
with the City Clerk's office of Meridian, Idaho.
5. Pursuant to the staff testimony and action of the City Council at their June 4, 2002
meeting, the request for variance should be denied due to the lack of special circumstances.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
F ACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order:
1. Pursuant to 911-14-6 of the Meridian City Code, the Applicant is hereby denied the
sign variance as per the decision of the City Council at their June 4, 2002, meeting, due to the lack
of special circumstances for the real property located at the southeast comer ofE. Fairview Ave. and
N. Locust Grove Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC 1 (V AR-02-006)
Page 4
(
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of a variance authorizing an
off-premise sign variance of S 11-14-6, and may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the (f}-f1-. day of
J~
, 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED ~C\../
VOTED~
VOTED~
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN W.L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6-(8-02-
MOTION: APPROVED: .~
VOTED
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department,
and the City Attorney office.
By:dI~~j;~~
City Clerk
Dated: 6 -/9 -() z.,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (V AR-02-006)
(
June 14, 2002
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT Engineering North West, LLC ITEM NO. 3 - J
REQUEST Approve First Addendum to Consent to Annexation Agreement for Edinburgh Place
No.2 -- Corrected Legal Description
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See Attached Addendum
FJ I./,y
aft
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Enf(ineerinf( North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704
(208) 376-5000 . Fax (208) 376-5556
LETTER OF TRANSMITTAL
JUNE 4, 2002
DATE:
ATIENTION: Will Berg
To:
Meridian City Clerk
33 E. Idaho Street
RE:
Edinbur1(h Place No.2
PROJECT No. 02-005-00
WE ARE SENDING YOU ~ Attached
DUnder separate cover via
the following items:
o Prints
~ Originals
~
o
o
Annexation Agreement
o Proposal
o Letter
o Disk(s) **
o Descriptions
COPIES
DATE
SHEET NO.
DESCRIPTION
THESE ARE TRANSMITIED as checked below:
~ For approval 0 For your use
o As requested
o For bid use
o
o
o
o For your fuformation
o For review & comment
REMARKS: Since this is an addendum, can the Mayor sign this agreement or does it still need to go to
City Council?
Let me know. Thanks for your help.
COpy TO: BRAD WATSON
[;g] W/ENCLOSURES
SIGNED:
GENE P. SMITH. P.E.
**DISK DISCLAIMER: (PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE A WARE OF THE PRECISION, OR LACK
OF PRECISION, THEREIIN. WEARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY. NOT AS AN ACCURATE
REPRESENTATION OF THE PROPOSED PROJECT. ENGINEERING NORTHWEST, LLC, IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE
TO RELIANCE OF TIllS REe E lVE D
RECEIVED BY:
JUN 0 4 2002
DATE:
City Of Meridian
City Clerk Office ,l
If enclosures are not as noted, kindly notify us at once. Thank you.
2D02 JH 21 Pf'1 I: t 3
~~COROEO-REQUESTOF
(
fEE -&DEPUTY - ~
~rl 02012514
\ MERIDIAN CITY
ADA COUNTY RECORDER
.J. DAVID ~1^VARRO
~'. ~ : :: :: I t r; ~. l! i)
This sheet has been added to the document to
accommodate recording information.
First Addendum to Consent to Annexation
Agreement for File No. FP 00-021, Edinburgh
Subdivision
Approved by Meridian City Council June 18,2002
I
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"FIRST ADDENDUM TO
CONSENT TO ANNEXATION AGREElVIENT"
FOR CASE NO. FP-OO-021
The following is an addendllm to that certain Consent To Annexation Agreement dated
July 27,2001, recorded on August 9, 2001, as Instrument No. 101080991, Ada County Recorder,
Ada County, Idaho, between the City of Meridian, a municipal corporation, hereinafter referred
to as "CITY", and Edinburgh, LLC, an Idaho limited liability company, hereinafter referred to as
"DEVELOPER", specifically to include additional property within the terms and conditions of
said agreement, which is subsequent to the entering into of the original Consent To Annexation
Agreement.
The parties hereto agree as follows:
A. The real property covered by the agreement shall include the following additional
real property:
The Southeast quarter of the Southeast quarter of the Southwest quarter of Section
29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho except
any portion lying within the right-of-way of McMillan Road.
B. It is agreed between the "City" and "Developer" that the development project of
Edinburgh Place Subdivision shall be fully incorporated into the original Consent To Annexation
Agreement with Edinburgh, LLC, and shall include the above 10.00 acres with an Ada County
R-4 zoning. Additionally, the conditions within the original Consent To Annexation Agreement
shall apply to the entire Edinburgh Place Subdivision.
c. Except as modified by this Addendum, the Consent To Annexation Agreement
between the parties dated July 27, 2001, is hereby ratified and confirmed.
IT IS SO AGREED.
DATED AND SIGNED this 4.ff1- day of June, 2002.
"FIRST ADDENDUM TO THE
CONSENT TO ANNEXATION AGREEMENT"
FOR CASE NO. FP-OO-021
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CITY OF NIERIDIAl~
ATTEST:
BY:
City Clerk
JIL,,/)TP~d 61 e/f, w~ b -/8 -~ l.-
r fr EDINBURGH, LLC
BY: t:~
Kenneth Christensen, Manager
STATE OF IDAHO,)
: ss.
County of Ada, )
On this \ ~ *" day of ~ ' 2002, before me, a Notary Public, in and for
the said state, personally appeared Ro ert D. Come and WIllIam G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrulnent of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
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Residing at: ,A tilA.CoU-~ . J.J.~
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"FIRST ADDENDUM TO THE
CONSENT TO ANNEXATION AGREEMENT"
FOR CASE NO. FP-OO-021
2
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STATE OF IDAHO,)
: ss.
County of Ada, )
n..
On this f day of Un ~ , 2002, before me, a Notary
Public in and for said state, personally ap eared Kenneth Christensen, known or identified to me
to be the manager of the Edinburgh, LLC, a limited liability company, and the person who
executed the instrument and acknowledged to me that he having executed the same on behalf of
said limited liability company.
(SEAL )
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"FIRST ADDENDUM TO THE
CONSENT TO ANNEXATION AGREEMENT"
FOR CASE NO. FP-OQ-021
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June 14, 2002
MERIDIAN CITY COUNCIL MEETING
APPLICANT Carol J. Snider
June 18, 2002
ITEM NO.
3-}0
REQUEST Approve Beer I Wine License Application for Carol J. Snider dba Harks Corner-
1651 W. 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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
Copied Appl. to Departments for Comments
Please Comment to Council if any objections
OTHER:
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
June 14, 2002
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 18, 2002
ITEM NO.
REQUEST Appointments of Impact Fee Committee Members and Administrator
3-L
AGENCY COMMENTS
CITY CLERK: See Attached City and Idaho State Code
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
C~ yYVl }f t:Z-
- IGet>ri ~p
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OTHER:
See Attached Memos from Mayor and Parks Director
Phone:
Contacted:
Date:
Materials presented at public meetings shall become property of the CRy of Meridian.
Memo
To:
From:
Date:
Re:
Mayor Corrie
Tom Kuntz ,il--
June 13, 2002
Impact Fee Committee
RECEIVED
JUN 1 3 2002
CITY OF MERIDIAN
CITY C'~ERK o~~'rF
I am requesting the Mayor to app~oint the following individuals to the City of Meridian
Impact Fee Committee. ..
Keith Borup - Builder
Phil Krichbaum - JUS Engineers
Gene Strate - Ada County Associates of Realtors
Jim Keller - Meridian Parks and Recreation~Departnient e IlIYt /rll'Jf ;\~
David Fulkerson - Accountant
Dan Wood - Developer
Shari Stiles - Meridian Planning & Zoning Department
~01rl Kuntz Meridian Parl(c & Recreation Department
Page 1
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Mayor Robert Corrie :
RECEIVED
JUN 1 3 2002
CITY OF MERIDIAN
CI-ry CLERK OFFJCE
To: City Council
From: Mayor Robert Corrie
cc: File
Date: 06/13/2002
Re: Impact Fee Administrator
~
I would like to appoint Tom Kuntz as the Impact Fee Committee's Fee Administrator.
Definition of Fee Administrator: The official or designee appointed by the Mayor with
City Council approval, to administer this Chapter.
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Idaho Statutes
Page 1 ot I
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Idaho
Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8205. DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE. (1) Any governmental
entity which is considering or which has adopted a development impact fee
ordinance, shall establish a development impact fee advisory committee.
(2) The development impact fee advisory committee shall be composed of
not fewer than five (5) members appointed by the governing authority of the
governmental entity. Two (2) or more members shall be active in the
business of development, building or real estate. An existing planning or
planning and zoning commission may serve as the development impact fee
advisory committee if the commission includes two (2) or more members who
are active in the business of development, building or real estate;
otherwise, two (2) such members who are not employees or officials of a
governmental entity shall be appointed to the co~ttee.
(3) The development impact fee advisory co~ttee shall serve in an
advisory capacity and is established to:
(a) Assist the governmental entity in adopting land use assumptions;
(b) Review the capital improvements plan, and proposed amendments, and
file written comments;
(c) Monitor and evaluate implementation of the capital improvements
plan;
(d) File periodic reports, at least annually, with respect to the
capital improvements plan and report to the governmental entity any
perceived inequities in implementing the plan or imposing the
development impact fees; and
(e) Advise the governmental entity of the need to update or revise
land use assumptions, capital improvements plan and development impact
fees.
(4) The governmental entity shall make available to the advisory
co~ttee, upon request, all financial and accounting information,
professional reports in relation to other development and implementation of
land use assumptions, the capital improvements plan and periodic updates of
the capital improvements plan.
The Idaho Code is made available on the Internet by the Idaho Legislature a8 a publio service.
This Internet. version of the Idaho Code may not be used for aoamercial pw:poses, nor may this
database be publ.ished. or repackaged for carmercial. sale without express written pezmi.ssion.
Search the Idaho Statutes
Available Reference: Sellrch Instructions.
The Idaho Code is the property of the state afIdaho, and is copyrighted by Idaho law, Ie. ~ 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
http://www3astate.id.us/cgi -bin/newidst?sctid=670820005.K
6/13/2002
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10-7-1: SHORT TITLE, APPLICABILITY AND PURPOSE:
A. Short Title: This Chapter shall be known and may be cited as the CITY OF MERIDIAN
IMP ACT FEE ORDINANCE.
B. Applicability: This Chapter shall apply to the development of property located within the
boundaries of the City as well as "service areas" identified in the City ofMeridianlAda
County area of impact agreement as the same is amended from time to time.
C. Purpose: The City Council finds that an equitable program for planning and financing public
facilities needed to serve new growth and development is necessary in order to promote and
accommodate orderly growth and development and to protect the public health, safety and
general welfare of the citizens of the City. It is the intent by enacting this Chapter to:
1. Ensure that adequate facilities are available to serve new growth and development;
2. Promote orderly growth and development by establishing unifonn standards by which the
City may require that those who benefit from new growth and development pay a
proportionate share of the cost of new public facilities needed to seIVe new growth and
development.
3. Ensure that those who benefit from new growth and development are required to pay no
more than their proportionate share of the cost of public facilities needed to serve new
growth and development and to prevent duplicate and ad hoc development requirements;
4. Collect and expend development impact fees pursuant to the enabling powers granted by
the provisions of the Idaho Development Impact Fee Act34;
5. Provide the legal and procedural basis for the implementation of development impact fees
within the area of City impact; and
6. Ensure that any capital improvement funded wholly or in part with impact fee revenue shall
first be included in an approved capital improvements plan that lists the capital improvements
that may be funded with impact fee revenues as well as the estimated costs and timing for
each improvement.
D. Chapter To Be Amended: It is intended that this Chapter will be amended as capital
improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant
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to the provisions of Idaho Code section 67-8208, to include specific methodology for the
calculation of development impact fees for specific categories of public facilities.
Development impact fees shall not be charged, collected or expended for public facilities
which are not included in an approved capital improvements plan that lists the capital
improvements which may be funded with impact fee revenues, as well as the estimated costs
and timing for each improvement. No amendment to this Chapter adopting an impact fee for
public facilities or amending or adopting the methodology for calculating an impact fee shall
be effective unless approved by ordinance adopted by the City Council in accordance with the
procedural requirements of Idaho Code section 67-8206. (Ord. 723, 3-1-1996)
10-7-2: RULES OF CONSTRUCTION:
A. Interpretation: This Chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety and welfare.
B. Rules Enumerated: Unless otherwise stated, the following rules of construction shall apply to
the text of this Chapter:
1. If there is any conflict between the text of this Chapter and any table, summary table or
illustration, the text shall control.
2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
3. The phrase "used for" includes "arranged for", "designed for", or "occupied for" .
4. The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
5. The word 11 includes " shall not lirllit a term to the specific example but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
6. Words used in the present tense shall include the future; words used in the singular shall
include the plural and the plural the singular, unless the context clearly indicates the contrary;
and use of the masculine gender shall include the feminine.
7. Unless the context clearly indicates the contrary, where a regulation involves two (2) or
more items, conditions, provisions, or events connected by the conjunction "and", "or" or
"either... or", the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected terms, conditions, provisions or events shall
apply.
b. "Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
c. "Either... or" indicates that the connected items~ conditions~ provisions or events shall
apply singly but not in combination. (Ord. 723~ 3-1-1996)
10-7-3: DEFINITIONS:
For the purpose of this Chapter~ the following terms~ phrases and words shall have the meaning
given herein.
APPLICANT: Person who applies for a building permit or is otherwise subject to the provisions
of this Chapter.
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or
other official act of the City.
BUILDER: Person who applies for a building permit or is otherwise subject to the provisions of
this Chapter.
BUILDING: Any structure having a roof entirely separated from any other structure by space or
by walls in which there are no communicating doors or windows or any similar opening and
erected for the purpose of providing support or shelter for persons~ animals, things or property of
any kind.
BUILDING PERMIT: An official document or certificate by that name issued by the Meridian
Public Works Department, authorizing the construction or siting of any building.
CAPITAL IMPROVE:MENTS: Improvements with a useful life often (10) years or more~ by new
construction or other action, which increase the service capacity of a public facility or service.
CAPITAL IMPROVE:MENTS PLAN: A plan adopted and amended pursuant to the provisions of
the Development Impact Fee Act~ Idaho Code section 67-8208 which identifies capital
improvements for which development impact fees may be used as a funding source.
CITY COUNCll..,: The City Council of the City of Meridian, Idaho.
CITY PARK SYSTEM: Includes all park and recreation facilities operated by the City.
CO:M.'MUNITY PARK: A park planned primarily to provide active and structured recreation
activities for young people and adults. In general~ community park facilities are designed for
organized activities and sports, although individual and family activities are also encouraged.
Community parks can also provide indoor facilities to meet a wider range of recreation interests.
Where there are no neighborhood parks~ the community park can also serve this function.
In comparison to neighborhood parks~ community parks serve a much larger area and offer
more facilities. Their service area is roughly a one to two (2) mile radius~ and will support a
population of approximately seven thousand five hundred (7,500) to fifteen thousand
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(15,000) persons, depending upon size and facilities. As a result, they require more support
facilities such as parking, restrooms, covered play areas, etc. Community parks are usually
about twenty (20) acres in size and often have sports fields or similar facilities as the central
focus of the park.
C01vIPREHENSIVE PLAN: The City of Meridian Comprehensive Plan known as "The City of
Meridian Comprehensive Plan" as updated and amended from time to time pursuant to Idaho
Code section 67-6508.
CREDITS: The present value of system or service improvements, contribution or dedication of
land or money required by the City from a developer for system or service improvements of the
category for which the development impact fee is being collected.
DEDICATION: A deliberate appropriation of land by its owner for use as public facilities as the
same are defined herein.
DEVELOPER: Person who applies for a building permit or submits a plat or is otherwise subject
to the provisions of this Chapter.
DEVELOPfvlENT: Any construction or installation of a building or structure, or any change in
use of a building or structure, or any change in the use, character or appearance of land, which
creates additional demand and need for public facilities.
DEVELOPfvlENT APPROVAL: Any written authorization from the City which authorizes the
commencement of a development.
DE VEL 0 PfvlENT IMPACT FEE: A payment of money imposed as a condition of development
approval to pay for a proportionate share of the cost of system or service improvements needed to
serve development. This term is also referred to as an impact fee in this Chapter. The term does
not include the following:
A. A charge or fee to pay the administrative, plan review, or inspection costs associated with
permits required for development;
B. Connection or hookup charges;
C. Availability charges for drainage, sewer, water or transportation for services provided
directly to the development.
D. Amounts collected from a developer in a transaction in which the governmental entity has
incurred expenses in constructing capital improvements for the development if the owner or
developer has agreed to be financially responsible for the construction or installation of the
capital improvements, unless a written agreement is made pursuant to Idaho Code section
67-8209(3), for credit or reimbursement.
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DEVELOP~NT REQUIRE~NT: A requirement attached to a development approval or other
governmental action approving or authorizing a particular development project including, but not
limited to, a rezoning which requirement compels the payment, dedication or contribution of
goods, seIVices, land, or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged, designed
or used as living and/or sleeping quarters for one or more persons. "Dwelling unit" includes
Itmobile home".
EXISTING DEVELOP~NT: The lawful land use which physically exists or for which the
landowner holds a valid building permit as of the effective date hereof or that maximum level of
development activity for which a previous impact fee was paid under the provisions of this
Chapter. As used in this Chapter, the term "lawful land use" shall not include a land use which has
been established or maintained in violation of this Chapter or applicable codes.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: a)
result in the need for system improvements, the cost of which will significantly exceed the sum of
the development impact fees to be generated from the project or the sum agreed to be paid
pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), or b) result
in the need for system improvements which are not identified in the capital improvements plan.
_FEE ADMINISTRATOR: The official or designee appointed by the Mayor with City Council
approval, to administer this Chapter.
FEE PAYER: A person intending to commence a proposed development for which an impact fee
computation is required, or a person who has paid an impact fee, provided a letter of credit, or
made a contribution in-lieu-of-fee pursuant to this Chapter.
IMP ACT: The effect on the local public facilities and seIVices in a given area produced by the
additional population attracted by development.
INDIVIDUAL PROJECT ASSESS~NT: An assessment of a particular project based upon an
agreement between a fee payer and the City whereby clear and convincing evidence has
established that the impact fee requires adjustment.
LAND USE ASSillv1PTIONS: A description of the seIVice area and projections of land uses,
densities, intensities, and population in the seIVice area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between seIVice capacity and seIVice
demand for public facilities.
MANUF ACTURED HO~: A structure, constructed according to HUD/FHA mobile home
construction and safety standards, transportable in one or more sections, which, in the traveling
mode, is eight feet (8') or more in width or is forty (40) body feet or more in length, or when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein, except that such term shall include any structure which meets
all the requirements and with respect to which the manufacturer voluntarily files a certification
required by the Secretary of Housing and Urban Development and complies with the standards
established under 42 use 5401 et seq.
MOBILE HO:ME: (See also definition of Manufactured Home_) A transportable, factory-built
home, designed to be used as a year-round residential dwelling and built prior to the enactment of
the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which
became effective June 15, 1976.
MODULAR BUILDING: Any building or building component, other than a manufactured home,
which is constructed according to standards contained in the Uniform Building Code, as adopted
by the City, or any amendments thereto, which is of closed construction and is either entirely or
substantially prefabricated or assembled at a place other than the building site.
NEIGHBORHOOD PARK: A combination playground and park, designed primarily for
nonsupervised, nonorganized recreation activities. They are generally small in size (about 5 acres),
and typically serve residents within a half-mile radius_ At average residential densities, this
amounts to a service area population of about three thousand (3,000) to five thousand (5,000)
residents_ Since these parks are located within walking and bicycling distance of most users, the
activities they support often become a daily pastime for neighborhood children.
NONRESIDENTIAL DEVELOPMENT: Any development project not providing for residential
dwelling units.
OWNER: The person holding legal title to the real property, including the local, State or Federal
government or any subdivision thereof
PARK AND FACILITIES: All park lands and facilities as described in the Comprehensive Plan
including neighborhood, community, linear and regional parks as well as special use and open
space areas together with the park system improvements necessary to support the recreation
needs of the population served and to be served as identified in the Plan.
PARK PLANNING AREA: A statistical area of the official City of Meridian corporate boundary
as determined by annexation boundaries, sometimes referred to as "service area". Community
park facilities in Meridian are deemed to serve the entire community and impact fees for such
facilities shall be charged equally within the boundaries of the Meridian area of City impact,
including the City of Meridian.
PRESENT VALUE: The total current monetary value of past, present, or future payments,
contributions or dedications of goods, services, materials construction or money.
PROJECT: A particular development on an identifiable parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to
provide for a particular development project and that are necessary for the use and convenience of
the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined
pursuant to Idaho Code section 67-8207, which reasonably relates to the service demands and
needs of the project.
PUBLIC FACILITIES: Shall include:
A. Wastewater collection, treatment and disposal facilities;
B. Storm water collection, retention, detention, treatment and disposal facilities, flood control
facilities, and bank and shore protection and enhancement improvements;
C. Landscaping associated with roads, streets and bridges and rights of way associated
therewith;
D. Parks, open space and recreation areas, and related capital improvements; and
E. Public safety facilities, including law enforcement, fire, emergency medical and rescue and
street lighting facilities.
PUBLIC F AC~ITIES PLANNING AREA: A designated area identified in the Comprehensive
Plan and capital facilities plan for which public facilities needs have been determined based upon
assumptions made in accordance with generally accepted planning and engineering standards.
SERVICE AREA: Any defined geographic area identified by the City in the Comprehensive Plan
or by intergovernmental agreement between the City and another governmental entity, in which
specific facilities provide service to development within the ,area defined, on the basis of sound
planning or engineering principles or both.
SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need
attributable to an individual unit of development calculated in accordance with generally accepted
municipal, engineering or planning standards for a particular category of capital improvements.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of
system or service improvements, including design, acquisition, engineering and other costs
attributable thereto, and also including, without limitation, the type of costs described in Idaho
Code section 50-1702(h), to provide additional public facilities or services needed to serve new
growth and development. For clarification, system improvement costs do not include:
A. Construction, acquisition or expansion of public facilities or services other than capital
improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
C. Upgrading, updating, expanding or replacing existing capital improvements in order to
meet stricter safety, efficiency, environmental or regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements solely for the
purpose of providing better service to existing development;
E. Administrative and operating costs of the City unless such costs are attributable to
development of the capital improvements plan, as provided in Idaho Code section 67-8208;
or
F. Principal payments and interest or other finance charges on bonds or other indebtedness
except financial obligations issued by or on behalf of the City to finance capital improvements
identified in the capital improvements plan.
SYSTEM IMPROVEMENTS: In contrast to project improvements, mean capital improvements
to public facilities which are designed to provide service to a service area including, without
limitation, the type of improvements described in Idaho Code section 50-1703.
UNIT(S) OF DEVELOPMENT: A quantifiable increment of development activity dimensioned in
terms of dwelling units, or other appropriate measurements contained in the impact fee schedule.
(Ord.723,3-1-1996)
10-7-4: GENERAL PROVISIONS:
All development is deemed to create an impact and therefore an increased demand for public
services. As such, the cost of new public facilities should be borne by new users to the extent new
use requires new facilities. Therefore, any application for a building permit enabling the
construction on or after the effective date hereof or any amendment hereto which provides for
impact fees for any additional allowed category of public facilities, adopted by the City Council
pursuant to the provisions of Idaho Code section 67-8206, shall be subject to the imposition of
impact fees in the manner and amount set forth in this Chapter as it is adopted initially or as it is
amended as provided for in subsection 10-7-ID of this Chapter.
A. Building Permits Previously Granted Or Pending:
1. Complete applications for building permits received by the Public Works Department prior
to the effective date of this Chapter or amendments hereto adopting impact fees or amending
or adopting any methodology by which impact fees are calculated, will be exempt from that
portion of this Chapter or amendment enacted after the application, if a complete building
permit is issued within one hundred twenty (120) days of the effective date of this Chapter or
amendment. A "complete application" for a building permit shall be defined as including
permitted plans signed and sealed by a State licensed engineer or architect showing all site
work, zoning compliance, architectural, structural, electrical, and plumbing work.
Applications for building permits filed prior to the effective date of this Chapter or
amendment but which become null and void shall be subject to the provisions of this Chapter
in the event of reapplication. In the event that an amendment to this Chapter involves a
change in the amount of impact fees charged for a particular category of public facility or
services, the fee payer shall pay the lesser impact fee amount.
2. For building permits which expire or are revoked after the effective date hereof the fee
payer shall be entitled to a refund of previously paid impact fees (see Section 10- 7 - 7 of this
Chapter) provided that in the case of a reapplication for permit, the impact fee in effect at
that time shall be paid.
B. Prior Fee Payment Required: All fee payments shall be made to the Fee Administrator prior
to the issuance of a building permit unless otherwise agreed to in writing by the City and the
developer; and no building shall commence nor shall a building permit be issued unless and
until the applicant has satisfied the provisions of this Chapter. Violations of this provision
shall be subject to the sanctions set forth in subsection IO-7-5E of this Chapter.
C. Duplicate Charges: This Chapter shall not be construed to subject any development to double
payment of the same impact fees.
D. Benefits Not Exclusive: A development impact fee shall not be deemed invalid because the
intended improvement for which the fee was paid may result in an incidental benefit to
owners or developers within a service area other than the persons paying the fee.
E. Additional Requirements: Compliance with this Chapter shall not excuse the applicant from
compliance with all other governmental development regulations. Building and/or use permits
may be withheld until all such requirements are met.
F. Anticipated Excessive Impact; Options: The Council recognizes that there may be
circumstances where the anticipated fiscal impacts of a proposed development are of such
magnitude that the City may. be unable to accommodate the development without excessive
or unscheduled public expenditures which exceed the amount of the anticipated impact fees
from such development. If the Council determines that a proposed development activity
would create such an extraordinary impact on the City's public facilities and services system,
the Council may refuse to approve the proposed development activity and/or may
recommend to the other affected government agencies that the project not be approved. In
the alternative, the Council may calculate a pro rata share per service unit of the
extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee
schedule.
G. Individual Assessments: Individual project assessments of development impact fees may be
made by application to the Fee Administrator who shall evaluate such individual project
assessments under the guidelines provided for in subsection lO-7-13G of this Chapter. If the
guidelines are met, the individual project assessment shall be recommended for approval by
the Fee Administrator and fOIWarded to the City Council for approval within thirty (30) days
of receiving such application. An adverse recommendation by the Fee Administrator may be
appealed to the Council under subsection IO-7-13G3 of this chapter. Final determination
regarding project assessments shall be made by the City Council.
H. Periodic Review; Recommendations To Council: The Development Impact Fee Advisory
Committee shall periodically review the contents of the adopted impact fee ordinance (this
Chapter) and, when appropriate, make recommendations for revisions to the City CounciL
The City Council shall consider the Development Impact Fee Advisory Committee's
recommended revision(s) to this Chapter at least once every twelve (12) months. The
Development Impact Fee Advisory Committee's recommendations and the City Council's
action are intended to ensure that the benefits to a fee paying development are equitable, in
that the fee charged the development shall not exceed a proportionate share of the costs of
system improvements, and the procedures for administering impact fees remain efficient.
(Ord. 723, 3-1-1996)
10-7-5: DEVELOPMENT IMPACT FEE; STANDARDS AND
PROCEDURES:
The development impact fee reflects the need for capital improvements to public facilities or
services made necessary by new development. Any person requesting a building permit for
development or who is otherwise subject to this Chapter, shall pay the impact fee equal to the sum
of impact fees reflected in the impact fee schedules set forth in this Code and determined pursuant
to the following:
A. Fee Limitation: The development impact fee shall not exceed a "proportionate share" of the
costs incurred or the costs that will be incurred by the City in the provision of "system
improvements" to serve the new development.
B. Proportionate Share: The "proportionate share" is the cost attributable to the new
development after consideration by the City of the following factors:
1. Any appropriate .credit, offset or contribution of money, dedication of land, or construction
of system improvements;
2. Payments reasonably anticipated to be made by or as a result of the new development in
the form of user fees, debt service payments, or taxes which are dedicated for system
improvements for which development impact fees would otherwise be imposed;
3. All other available sources of funding such system improvements.
C. Additional Factors: In determining the "proportionate share" of the cost of system
improvements to be paid by the developer, the following additional factors shall be
considered:
1. The cost of existing system improvements within the service area or areas impacted by the
new development;
2. The means by which existing system improvements have been financed;
3. The extent to which the new development will contribute to the cost of system
improvements through taxation, assessments, or developer or landowner contributions;
4. The extent to which the new development is required to contribute to the cost of existing
system improvements in the future;
5. The extent to which the new development should be credited for providing system
improvements, without charge to other properties within the service area or areas impacted
by the new development;
6. Extraordinary costs, if any, incurred in serving the new development;
7. The time and price differential inherent in a fair comparison of fees paid at different times;
and
8. The availability of other sources of funding system improvements including, but not limite~
to, user charges, general tax levies, intergovernmental transfers, and special taxation as set
forth more specifically in the Comprehensive Plan as required by Idaho Code section
67 -8207(2)(h).
D. Protection Against Increasing Fees: After payment of development impact fees to the Fee
Administrator or the execution of an agreement for payment of development impact fees,
additional impact fees or increases in fees may not be assessed unless the number of service
units increases or the scope or schedule of the development changes. In the event of an
increase in the number of service units or schedule of the development changes, the additional
development impact fees to be imposed are limited to the amount attributable to the
additional service units or change in scope of the development.
E. Method Of Collection: To ensure collection of development impact fees, the~
Administrator may use the following means and methods:
(
1. Additions to the fee for interest at the highest legally allowable rate as well as a penalty of
five percent (5%) for each thirty (30) day period payment is late under the terms oftms
Chapter or the agreement between the developer and the City;
2. Withholding the building permit or other approval until the impact fee is paid;
3. Withholding utility services until the impact fee is paid; and
4. Imposition of liens for failure to timely pay the impact fee following the procedures set
forth in Idaho Code title 45, chapter 5. (Ord. 723, 3-1-1996)
10-7-6: DETERMINATION OF DEVELOPMENT IMPACT FEES:
Prior to issuance of a building permit for development, the applicant or owner will be required to
pay monetary fees in accordance with this Section. It is intended that this requirement extend to
any owner or builder, including the State of Idaho, the United States of America and any other
governmental or quasi-governmental entity.
A. General Formula: The development impact fee per service unit may not exceed the amount
determined by dividing the costs of the capital improvements described in the capital
improvements plan and as required by Idaho Code section 67-8208(2)(f), by the total number
of projected service units as described in the Comprehensive Plan and as required by Idaho
Code section 67-8208(2)(g). If the number of new service units projected over a reasonable
period of time is less than the total number of service units shown by the approved land use
assumptions at full development of the service area, the maximum impact fee per service unit
shall be calculated by dividing the costs of the part of the capital improvements necessitated
by and attributable to the projected new service units described in Idaho Code section
67 -8208(2)(g) by the total projected new service units described in that section.
B. Alternate Methodology:
1. Criteria: An alternative methodology may be used; provided, that it can be demonstrated
that such alternative methodology accurately calculates the proportionate share of the impact
of the proposed development on the capacity of system improvements in terms of generally
accepted municipal, engineering and planning principles.
2. Right To Question Method: Challenges to the methodology adopted by any impact fee
ordinance approved by the City Council may be brought by any interested individual within
sixty (60) days of the adoption or modification of such impact fee methodology by filing
formal protest with the City Clerk who shall set the matter for hearing before the City
Council within thirty (30) days of receiving such protest. The protesting party shall be
specific in identifying objections to the methodology. The City Council shall render a written
decision within fifteen (15) days of the closure of the hearing on the protest. The decision of
(
the City Council shall be final.
C. Permit Fee Increased; No Refund: In the case of development activity involving a change of
use and/or magnitude of use in which a building permit is required, the applicant shall be
required to pay the computed impact fee for any proposed development activity for which the
impact fee has not been previously paid. When any building permit expires or is revoked after
the effective date hereof and a fee has not previously been paid under this Chapter, the
applicant shall be required to comply with the provisions herein. No refunds will be given for
proposed development activity resulting in a negative fee calculation.
D. Exemption To Fee: No impact fee payment shall be required for any development activity
when the total calculated fee is less than five dollars ($5.00);
E. Fee Administrator Determination: If the type of dwelling unit within a proposed or current
development is not specified in the impact fee schedule, the Fee Administrato( shall use the
dwelling unit most nearly comparable in computing the fee. This determination shall be made
at the discretion of the Fee Administrator't with appeal to the City Council if the applicant
disagrees with the Fee Administrator's determination.
F. Criteria For Determination: In determining existing development activity and the units of
proposed or existing development, the Fee Administrator shall use the building permit or
zoning certificate of use information contained in the building or zoning records of the City.
G. Manufactured Homes; Possible Exemption: A development impact fee will be assessed for
installation of a modular building, manufactured home or mobile home unless the fee payer
can demonstrate by documentation such as utility bills and tax records either:
1. That a modular building, manufactured home or mobile home was legally in place on the
lot or space prior to the effective date hereo~ or
2. That a development impact fee has been paid previously for the installation of a modular
building, manufactured home or mobile home on that same lot or space. (Ord. 723,
3-1-1996)
10-7-7: REFUND OF IMPACT FEES PAID:
A. Qualification: The fee payer or current owner shall be entitled to a refund of the impact fee if:
1) a building permit encompassing fee paying development expires or is revoked, or 2) if the
public facility for which the fee was paid is available but never provided, or 3) the City, after
collecting the fee when the public facility for which the fee was paid is not available, has
failed to appropriate and expend the collected development impact fees within ten (10) years
on a first in, first-out (FIFO) basis, except that the City shall retain the general administrative
or specified administrative charge portion of the fee to cover the cost of the administration of
!'
\
the impact fee calculation, collection and refund. However, no refund shall be provided for
the cost of completed improvements contributed in lieu of fee unless otherwise provided for
in a development agreement.
B. Refund Made With Interest; Requested: Any impact fee trust funds refunded shall be returned
to the fee payer or current owner by the Flt-ee Administrator with accrued interest at one-half
(1/2) the legal rate as provided for in Idaho Code section 28-22-104. The fee payer or current
owner shall be required to submit a written request for refund to the Fee Administrator
before issuance of the refund can be authorized. No refunds of development impact fees will
be provided for in the event the fee payer or current owner does not request such a refund
prior to the expiration of one year following the ten (10) year period from the date the
development impact fee was paid.
C. Prompt Reimbursement: Refunds shall be sent to the fee payer, or person entitled to such
refund, within ninety (90) days of their approval by the City.
D. Council Approval For Expenditures: Funds shall be deemed expended for purposes of this
Chapter when payment of said funds has been approved by the City. (Ord. 723, 3-1-1996)
10-7-8: EXEMPTIONS:
A. Criteria Enumerated: The following shall b~ exempted from payment of development impact
fees:
1. Rebuilding the same amount of floor space of a structure which was destroyed by fire or
other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2)
years of the fire or other catastrophe;
2. Remodeling or repairing a structure which does not increase the number of service units;
3. Replacing a residential unit, including a manufactured home, with another residential unit
on the same lot; provided, that the number of service units does not increase;
4. Placing a temporary construction trailer or office on a lot;
5. Constructing an addition on a residential structure which does not increase the number of
service units;
6. Adding uses that are typically accessory to residential uses, such as tennis courts or
clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on
the capacity of system improvements; and
7. Development projects which are commercial, industrial or office projects, or portions of
projects that involve commercial, industrial or office uses or building permits.
B. Claimed At Time Of Application: An exemption must be claimed by the fee payer upon
application for a building permit. Any exemption not so claimed shall be deemed waived by
the fee payer. All requests shall be submitted to and determined by the Fee Administrator.
Appeals of the Fee Administrators determination shall be made under the provisions of
Section 10-7-16 of this Chapter. (Ord. 723,3-1-1996)
10-7-9: CREDITS:
A. Based On Present Value: In the calculation of impact fees for a particular project, credit shall
only be given for the present value of any construction of system improvements or
contribution or dedication of land or an interest in land or money required by the City from a
developer for system improvements. Credit shall not be given for project improvements.
B. Duplication Of Fees: A developer who is required to construct, fund or contribute system
improvements in excess of the impact fees which would otherwise have been paid by the
development project, shall be reimbursed for such excess construction, funding or
contribution from analogous impact fees paid by future development located in the service
area which is benefitted by such improvements.
C. Disposition Of Excess Funds: If credit or reimbursement is due to the developer pursuant to
this Section, the City and the developer shall enter into a written agreement, negotiated in
good faith, prior to the construction funding or contribution. The agreement shall provide for
the amount of credit or the amount, time and form of reimbursement.
D. Documentation; Determination; Appeal: Any person requesting such credit or reimbursement
shall present documentation of costs or payments for facilities to be considered by the Fee
Administrator for use in determining the amount of credit or reimbursement to be given. The
determination shall be made no more than thirty (30) days after complete documentation is
submitted to the Fee Administrator. Any appeal from such a decision by the E.ee..
Administrator will be reviewed by the City Council pursuant to the procedures set forth in
Section 10-7-16 of this Chapter. (Ord. 723;t 3-1-1996)
10-7-10: SUITABILITY OF LAND OFFERED FOR DEDICATION:
In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying
impact fees or a portion thereof: the following procedures and criteria shall be applied:
A. Qualifying Land: The Fee Administrator, with the advice of the appropriate department head
and the City Attorney, will determine whether the land proposed for dedication is acceptable.
He will be guided by the following consideration:
1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right of
way, existing and proposed easements, borrow pits, lakes and other manmade or natural
conditions which restrict or impede the intended use of such areas.
2. Unity: The land to be dedicated shall form a single parcel of land except where aforesaid
review determines that two (2) or more parcels would be in the best public interest.
3. Shape: The configuration of the parcel of land is such as to be usable for public facilities
purposes as determined by the City.
4. Location: The land to be dedicated is so located as to serve the needs of the development,
by being within the service area and/or public facilities service zone.
S. Access: Appropriate access to the land to be dedicated is provided by improved public
street frontage.
6. Utility: Dedicated land should be usable for public facilities purposes and meet the
following criteria prior to its final acceptance by the City Council:
a. The property is platted and ready to be developed so that no funds would be required to
be expended for site development.
b. All utilities are in place and are at the perimeter of the site and include roads, walks,
curbs, water lines, sewer lines, electric service lines, and telephone service lines.
c. All utilities are of sufficient quality and quantity to adequately service the site.
d. The property is filled and compacted to comply with all appropriate subdivision codes,
building and zoning codes, and flood insurance laws and regulations. The fill and
compaction are of sufficient quality to accept the improvements contemplated.
7. Plans: City, regional and State plans shall be taken into consideration when evaluating land
proposals for dedication.
8. Site Characteristics: The ~ee Administrator shall determine, based on specific review of
each application, whether the proposed site contains the requisite site characteristics
consistent with public facilities criteria. This determination shall be in writing and shall specify
the reasons the site was approved or denied credit for inclusion in the land dedication
requirement. The Fee Administrator's determination shall be made within thirty (30) days
from the date of receipt of the request and shall be forwarded to the Council for action. The
Council may affirm, reject or revise the determination of the Fee Administrator providing
written findings offact and conclusions of law.
B. Appeals Process: Appeals of the Fee Admlni~trator's determination of land suitability shall be
made to the City Council by the filing of an appeal with the City Clerk no later than ten (10)
days following the date of the decision of the fee Administrator. (Ord. 723, 3-1-1996)
10-7-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS:
A. Fund Established: All impact fees will b~ deposited in a designated "trust fund".
Interest-bearing trust accounts shall be established and maintained by the City, said trust
accounts shall correspond to the area contained in the corporate boundary as the same is
adopted and amended from time to time by action of the City Council.
B. Areas To Correspond: Public facilities planning area (seIVice area) shall correspond to the
corporate boundary and Comprehensive Plan, and the same area adopted as part of capital
improvements plan approved by the City Council, indicating the designated planning areas for
the public facilities needed, including, but not limited to, those associated with parks and
recreation.
C. Costs Of Administration Separated: All impact fees collected by the Fee Administrator will be
promptly deposited into the proper trust account, excepting general administrative charges
which will be directed to the appropriate department to underwrite the cost of administering
this Chapter. (Ord. 723, 3-1-1996)
10-7-12: IMPACT FEE EXPENDITURES:
A. Limited Use: Except as otherwise provided herein, funds from the impact fee trust funds,
including any accrued interest, shall be limited to the financing of acquisition, expansion,
and/or improvement of real property, capital facilities, or for principal and interest payments
(including sinking fund payments) on bonds or other borrowed revenues used to acquire,
expand or improve such facilities or seIVices necessitated by the impact of new development
within the community.
B. First In, First Out: Trust account funds shall be deemed expended in the order in which they
are collected.
C. Fair Distribution Of Funds: In the event that the level of seIVice standards for public facilities
have been met within a particular area of the community, the City Council may authorize the
Mayor or his designee, following a public hearing, to expend the funds in another area of the
community for system improvements of the same category, in a fair and reasonable
proportion to the fees charged. Said authorization shall only be permitted upon a finding that
the expenditure will fairly and proportionately mitigate the impacts of and will fairly and
proportionately benefit the development paying the fees in question.
D. Allowable Adjustments To Expenditures: In the event compliance with the level of service
standard for public facilities meets or exceeds the projected population estimates adopted in
(
the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or
his designee, following a public hearing, to expend the additional impact fees collected from
the development in excess of original projections, for system improvements within the
community from which the fees were collected. Said authorization shall be permitted upon a
finding that the expenditure will mitigate the impacts of and will benefit the development
paying the fees in question in a fair and proportionate manner. .
E. Annual Financial Report: A financial report on the impact fee trust funds shall be provided
annually by the fee Administrator to the Mayor and Council.
F. Protest Process: Any interested citizen may challenge the expenditure of any impact fee funds
within one year of said expenditure by filing a written protest with the City Clerk. The City
Clerk shall set the matter for hearing before the City Council within thirty (30) days of the
filing of such protest. The protesting party shall specifically identify the impact fee
expenditure and the basis of the protest. The City Council shall render a decision regarding
the protest within thirty (30) days after the close of the hearing on the matter. (Ord. 723,
3-1-1996)
10-7-13: PARK AND RECREATION IMPACT FEES:
A. Incorporation Of Standards: This Section addresses the development impact fees collected
for park and recreation service improvements. The Comprehensive Plan as adopted by the
City Council together with the land use, acquisition and construction cost and service unit
assumptions upon which said Plan is based are hereby incorporated into this Section by
reference. (Ord. 723, 3-1-1996)
B. Incorporation Of Maps: The maps contained within the Comprehensive Plan are hereby
incorporated into this Section by reference. Copies of said maps may be obtained at the office
of the City Clerk or viewed and obtained at the administrative office of Meridian Planning
And Zoning Department. (Ord. 723, 3-1-1996; amd. 1999 Code)
c. Park Impact Fee; Purpose And Implementation: All residential development is deemed to
create an impact and therefore an increased demand for park and recreation services. As such
the cost for new public park facilities should be borne by new users of park and recreation
facilities to the extent new use requires new facilities. Therefore, any application for a
building permit enabling the construction on or after the effective date hereof: shall be subject
to the imposition of park and recreation impact fees in the manner and amount set forth in
this Section.
D. Payment Of Park Impact Fee: Prior to receiving a building permit or commencing
construction of any building for which park impact fees are to be paid pursuant to this
Chapter, whichever first occurs, the applicant therefore, must demonstrate that the
appropriate impact fee has been paid to the Fee Administrato!". The Fee Administrator;and/or
the Public Works Department Director shall have the authority to withhold a building permit
or stop construction, as the case may be, until the appropriate impact fee has been collected.
E. Methodology: The methodology adopted for the purpose of determining park and recreation
impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new
neighborhood and community park facilities are needed in Meridian to serve growth. Said
assumptions, based upon the lIexisting and future facilities approach", set the existing
standard for park needs as set forth in the following table:
Park Description
Existing Standard
0.28 Ac/1,OOO population based upon the existing
situation of one 5-acre neighborhood park per 18,000
Neighborhood parks
population.
Community parks
situation
1.67 Ac/1,OOO population based upon the existing
of two (2) IS-acre community parks per 18,000
population.
Parkland Acquisition
One acre ( developable)
Parkland Improvements
Existing Cost (October l~ 1994)
$25,000.00
Existing Cost (October I. 1994)
$70,000.00
$95,000.00
Develop one acre
Total service cost per acre
Cost Per Person Calculations:
$95,000.00 (existing value of one acre of developed parkland) times 0.28 (existing
neighborhood park standard) divided by 1,000 population = $26.60 ($95,000.00 x 0.28 -7
1,000 = $26.60)
$95,000.00 (existing value of one acre of developed parkland) times 1.67 (existing
community park standard) divided by 1,000 population = $158.65 ($95,000.00 x 1.677
1,000 = $158.65)
Additionally the Comprehensive Plan and demographic data provided by the Ada Planning
Association during preparation of the Comprehensive Plan assumes the following average
numbers of people per dwelling unit:
(
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Single-family residential
Multi-family residential
2.6 persons per dwelling unit
2.0 persons per dwelling unit
F. Development Impact Fee Schedule For Meridian Parks: Pursuant to the assumptions in the
Meridian Comprehensive Plan and demographic data provided by Ada Planning Associatio~
development impact fees for parks are set forth in the following table:
Park Impact Fee Single-Family Multi-Family
Description $/Person $/Residence $/Residence
Neighborhood parks $ 26.60 $ 69.16 $ 53.20
Community parks 158.65 412.49 317.30
Total $185.25 $481.65 $370.50
(Example: $26.60 x 2.6 persons per average single-family dwelling unit = $69.16)
G. Individual Project Assessment: An individual project assessment of park impact fees is
permitted in situations where the fee payer can demonstrate by clear and convincing evidence
that the established impact fee is inappropriate.
I. Written application for individual project assessment shall be made to the fee
Administrator prior to receiving building pennits or other necessary approvals~ Late
applications for an individual project assessment of park impact fees may be considered for a
period of sixty (60) days after the receipt of the building permit only if the fee payer makes a
showing that the facts supporting such application were not known or discoverable prior to
receipt of the building permit and that undue hardship would result if said application is not
considered.
2. The Fee Administrator shall render a written decision regarding the individual project
assessment of park impact fees within thirty (30) days of the date a complete application is
submitted. The decision of the ~ ee Administrator shall establish the park impact fee for the
project in question for a period of one year from the date said decision becomes finaL The
decision of the Fee Administrator shall be forwarded to the Council for action. The Council
may accept, reject or revise the E~ Admini~tratorts decision regarding individual project
assessment and shall provide written findings offact and conclusions of law.
3. Appeals of the ~ee Administrator's determination of individual project assessment shall be
made to the City Council by the filing of an appeal with the City Clerk no later than ten (10)
days following the date of the decision of the Fee Administrator..
H. Certification: Certification of the park impact fee schedule for a particular project may be
applied for in the following manner:
1. Written application may be made to the Eee Administrator not later than sixty (60) days
after preliminary plat approval by the City Council. Late applications for certification of the
park impact fee schedule will not be considered unless the fee payer makes a showing that the
facts supporting such application were not known or discoverable until after the time had run
and that undue hardship would result if said application is not considered.
2. The Fee Administrator shall provide the applicant with a written park impact fee schedule
for the particular project within thirty (30) days of the date of application. The certified
schedule provided by the Fee Administrator shall be based upon the Comprehensive Plan and
shall establish the park impact fee for the project in question for a period of one year from the
date of certification.
3. The certification of the park impact fee schedule may be appealed to the City Council as
provided in Section 10-7-16 of this Chapter. (Ord. 723,3-1-1996)
10-7-14: ADMINISTRATIVE COSTS:
The City shall add a ten percent (1 0%) administrative charge to the impact fees to administer this
Chapter. The ten percent (10%) administrative fee will be added to the subtotal of all applicable
impact fees required by this Chapter. (Ord. 723, 3-1-1996)
10-7-15: SUMMARY OF IMPACT FEES:
Cost Single-Family Multi-Family
Description $/Person $/Residence $/Residence
Park $ 185.25 $481.65 $370.50
1 0% administrative fee 18.53 48.17 37.05
Grand Total $203.78 $529.82 $407.55
(Ord. 723, 3-1-1996)
10-7-16: APPEALS OF ADMINISTRATIVE DECISIONS:
Except as otherwise provided in this Chapter, the decisions of the Fee Administrator may be
appealed by the fee payer to the City Council~ Decisions of the City Council shall be final.
A. Appeal Process: If a fee payer wishes to appeal, the fee payer shall first file with the City
Clerk, a notice of administrative appeal on the form provided by the Fee Administrator. All
appeals shall be filed within thirty (30) days after the earlier of: 1) issuance of a written
decision by the Fee Administrator; or 2) the Fee Administrator's acceptance of payment of
the development impact fee. When filing an appeal, the fee payer shall submit a letter
providing a full explanation of the request, the reason for the appeal, as well as all supporting
documentation. A fee payer may pay a development impact fee under protest in order to
obtain a development approval or building permit and shall not be estopped from exercising
the right of appeal provided herein, nor shall such fee payer be estopped from receiving a
refund of any amount deemed to have been illegally collected.
B. Council Decision; Notification: The City Clerk shall schedule the appeal before the City
Council as soon as practicaL The City Council may affirm, reject or revise the decision of the
Fee Administrator, providing written findings offact and conclusions of law. The written
decision of the City Council shall be mailed to the fee payer, certified mail, return receipt
requested.
C. Judicial Review Available: A party aggrieved by the decision of the City Council may, within
twenty eight (28) days of the City Council's decision, seek judicial review by filing a petition
in the District Court in the manner provided by Idaho Code title 67, chapter 52. (Ord. 723,.
3-1-1996)
10-7-17: VESTED RIGHTS:
Nothing in this Chapter shall limit or modify the rights of any person to complete any construction
for which a lawful building permit was issued prior to the effective date hereof and on which there
has been a good faith reliance and a substantial change of position. (Ord. 723, 3-1-1996)
10-7-18: OTHER POWERS AND RIGHTS NOT AFFECTED:
A. Reasonable Requirements: Nothing in this Chapter shall prevent the City from requiring a
developer to construct reasonable project improvements in conjunction with a development
project.
B. Adjustments To Requirements: Nothing in this Chapter shall be construed to prevent or
prohibit private agreements between property owners or developers and the City in regard to
the construction or installation of system improvements or providing for credits or
reimbursements for system improvement costs incurred by a developer including inter-project
transfers of credits or providing for reimbursement for project improvements which are used
or shared by more than one development project.
C. Approval Rests With City: Nothing in this Chapter shall obligate the City to approve
development which results in extraordinary impact.
D. Minimum Standards Maintained: Nothing in this Chapter shall obligate the City to approve
any development request which may reasonably be expected to reduce levels of service below
minimum acceptable levels as established herein.
E. Orderly Development: Nothing in this Chapter shall be construed to create any additional
right to develop real property or diminish the power of the City in regulating the orderly
development of real property within the service area.
F. City Rights Protected: Nothing in this Chapter shall work to limit the use by the City of the
power of eminent domain or supersede or conflict with requirements or procedures
authorized in the Idaho Code for local improvement districts or general obligation bond
issues. (Ord. 723, 3-1-1996)
Idaho Statutes
Page 1 of 1
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Idaho Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8201. SHORT TITLE. This chapter shall be known and may be cited as the
"Idaho Development Impact Fee Act."
~e Idaho Code is made avail.able on the Internet by 1:he Idaho Legial.ature as a publ.ic service.
This Internet version of the Idaho Code may not be used for ccamerciaJ. purposes, nor may this
database be published or repackaged for c::cumeroiaJ. sal.e without express writt.en pexm1ssion.
Search the Idaho Statutes
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According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
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Idaho's copyright.
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6/13/2002
Idaho Statutes
Page 1 of 1
.:...
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Idaho statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8202. PURPOSE. The legislature finds that an equitable program for
planning and financing public facilities needed to serve new growth and
development is necessary in order to promote and accommodate orderly growth
and development and to protect the public health, safety and general
welfare of the citizens of the state of Idaho. It is the intent by
enactment of this chapter to:
(1) Ensure that adequate public facilities are available to serve new
growth and development;
(2) Promote orderly growth and development by establishing uniform
standards by which local governments may require that those who benefit
from new growth and development pay a proportionate share of the cost of
new public facilities needed to serve new growth and development;
(3) Establish ~nimum standards for the adoption of development impact
fee ordinances by governmental entities;
(4) Ensure that those who benefit from new growth and development are
required to pay no more than their proportionate share of the cost of
public facilities needed to serve new growth and development and to prevent
duplicate and ad hoc development requirements; and
(5) Empower governmental entities which are authorized to adopt
ordinances to impose development impact fees.
!he Idaho Code is made avai,1able on the Ineernet by the Idaho Legi.sl.a1:ure as a public service.
This :tnternet version of the Idaho Code may not be used. for cOlIlltlerciaJ. pw:poses, nor may this
da:t.abaae be published or repacka.ged for carmercial aaJ.e without express writ.ten permission.
Search the Idaho Statutes
Available Reference: Searclt Instructions.
The Idaho Code is the property afthe state of Idaho, and is copyrighted by Idaho law, Ie. 99-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
ldaho's copyright.
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6/13/2002
Idaho Statutes
Page 1 of 3
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Idaho
Statutes
TITLE 67
STATE GOVERm-1ENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8203. DEFINITIONS. As used in this chapter:
(1) "Affordable housing" means housing affordable to families whose
incomes do not exceed eighty percent (80%) of the median income for the
service area or areas within the jurisdiction of the governmental entity.
(2) IIAppropriatell means to legally obligate by contract or otherwise
commit to use by appropriation or other official act of a governmental
entity.
(3) IICapital improvements" means improvements with a useful life of ten
(10) years or more, by new construction or other action, which increase the
service capacity of a public facility.
(4) IIcapital improvement element" means a component of a comprehensive
plan adopted pursuant to chapter 65, title 67, Idaho Code, which component
meets the requirements of a capital improvements plan pursuant to this
chapter.
(5) "Capital improvements plan" means a plan adopted pursuant to this
chapter that identifies capital improvements for which development impact
fees may be used as a funding source.
(6) "Developer" means any person or legal entity undertaking development.
(7) "Development" means any construction or installation of a building or
structure, or any change in use of a building or structure, or any change
in the use, character or appearance of land, which creates additional
demand and need for public facilities.
(8) "Development approval" means any written authorization from a
governmental entity which authorizes the commencem~nt of a development.
(9) "Development impact fee" means a payment of money imposed as a
condition of development approval to pay for a proportionate share of the
cost of system improvements needed to serve development. This term is also
referred to as an impact fee in this chapter. The term does not include the
following:
(a) A charge or fee to pay the administrative, plan review, or
inspection costs associated with permits required for development;
(b) Connection or hookup charges;
(c) Availability charges for drainage, sewer, water, or transportation
charges for services provided directly to the development; or
(d) Amounts collected from a developer in a transaction in which the
governmental entity has incurred expenses in constructing capital
improvements for the development if the owner or developer has agreed
to be financially responsible for the construction or installation of
the capital improvements, unless a written agreement is made pursuant
to section 67-8209(3), Idaho Code, for credit or reimbursement.
(10) "Development requirement" means a requirement attached to a
developmental approval or other governmental action approving or
authorizing a particular development project including, but not limited to,
a rezoning, which requirement compels the payment, dedication or
contribution of goods, services, land, or money as a condition of approval.
(11) "Extraordinary costs" means those costs incurred as a result of an
extraordinary impact.
(12) "Extraordinary impact" means an impact which is reasonably determined
by the governmental entity to: (i) result in the need for system
improvements, the cost of which will significantly exceed the sum of the
development impact fees to be generated from the project or the sum agreed
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to be paid pursuant to a development agreement as allowed by section
67-8214(2), Idaho Code, or (ii) result in the need for system improvements
which are not identified in the capital improvements plan.
(13) "Fee payer" means that person who pays or is required to pay a
development impact fee.
(14) "Governmental entity" means any unit of local government that is
empowered in this enabling legislation to adopt a development impact fee
ordinance.
(15) "Impact fee." See development impact fee.
(16) "Land use assumptions" means a description of the service area and
projections of land uses, densities, intensities, and population in the
service area over at least a twenty (20) year period.
(17) "Level of service" means a measure of the relationship between
service capacity and service demand for public facilities.
(18) "Manufactured home" means a structure, constructed according to
HUD/FHA mobile home construction and safety standards, transportable in one
or more sections, which, in the traveling mode, is eight (8) feet or more
in width or is forty (40) body feet or more in length, or when erected on
site, is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical
systems contained therein, except that such term shall include any
structure which meets all the requirements of this subsection except the
size requirements and with respect to which the manufacturer voluntarily
files a certification required by the secretary of housing and urban
development and complies with the standards established under 42 U.S.C.
5401, et seq.
(19) "Modular building" means any building or building component, other
than a manufactured home, which is constructed according to standards
contained in the Uniform Building Code, as adopted or any amendments
thereto, which is of closed construction and is either entirely or
substantially prefabricated or assembled at a place other than the building
site.
(20) "Present value" means the total current monetary value of past,
present, or future payments, contributions or dedications of goods,
services, materials, construction or money.
(21) "Project" means a particular development on an identified parcel of
land.
(22) "Project improvements" means site improvements and facilities that
are planned and designed to provide service for a particular development
project and that are necessary for the use and convenience of the occupants
or users of the project.
(23) "Proportionate share" means that portion of the cost of system
improvements determined pursuant to section 67-8207, Idaho Code, which
reasonably relates to the service demands and needs of the project.
(24) "Public facilities" means:
(a) Water supply production, treatment, storage and distribution
facilities;
(b) Wastewater collection, treatment and disposal facilities;
(c) Roads, streets and bridges, including rights-of-way, traffic
signals, landscaping and any local components of state or federal
highways;
(d) storm water collection, retention, detention, treatment and
disposal facilities, flood control facilities, and bank and shore
protection and enhancement improvements;
(e) Parks, open space and recreation areas, and related capital
improvements; and
(f) Public safety facilities, including law enforcement, fire,
emergency medical and rescue and street lighting facilities.
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(25) "Recreational vehicle" means a vehicular type unit primarily designed
as temporary quarters for recreational, camping, or travel use, which
either has its own motive power or is mounted on or drawn by another
vehicle.
(26) "Service area" means any defined geographic area identified by a
governmental entity or by intergovernmental agreement in which specific
public facilities provide service to development within the area defined,
on the basis of sound planning or engineering principles or both.
(27) "Service unit" means a standardized measure of consumption, use,
generation or discharge attributable to an individual unit of development
calculated in accordance with generally accepted engineering or planning
standards for a particular category of capital improvements.
(28) "system improvements," in contrast to project improvements, means
capital improvements to public facilities which are designed to provide
service to a service area including, without limitation, the type of
improvements described in section 50-1703, Idaho Code.
(29) "system improvement costs" means costs incurred for construction or
reconstruction of system improvements, including design, acquisition,
engineering and other costs attributable thereto, and also including,
without limitation, the type of costs described in section 50-1702(h),
Idaho Code, to provide additional public facilities needed to serve new
growth and development. For clarification, system improvement costs do not
include:
(a) Construction, acquisition or expansion of public facilities other
than capital improvements identified in the capital improvements plan;
(b) Repair, operation or maintenance of existing or new capital
improvements;
(c) Upgrading, updating, expanding or replacing existing capital
improvements to serve existing development in order to meet stricter
safety, efficiency, environmental or regulatory standards;
(d) Upgrading, updating, expanding or replacing existing capital
improvements to provide better service to existing development;
(e) Administrative and operating costs of the governmental entity
unless such costs are attributable to development of the capital
improvement plan, as provided in section 67-8208, Idaho Code; or
(f) Principal payments and interest or other finance charges on bonds
or other indebtedness except financial obligations issued by or on
behalf of the governmental entity to finance capital improvements
identified in the capital improvements plan.
The Idaho Code i. made available on the Int:ernet by the Idaho Legia1aetU"e as a public servioe.
This Internet. version of the Idaho Code may not. be used for coamercia1 purposes, nor may this
database be published or repackaged for camnercial. sal.e without express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. S 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho Statutes
Page 1 of3
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Idaho
statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8204. MINIMUM STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IMPACT FEES
ORDINANCES. Governmental entities which comply with the requirements of
this chapter may impose by ordinance development impact fees as a condition
of development approval on all developments.
(1) A development impact fee shall not exceed a proportionate share of
the cost of system improvements determined in accordance with section
67-8207, Idaho Code. Development impact fees shall be based on actual
system improvement costs or reasonable estimates of such costs.
(2) A development impact fee shall be calculated on the basis of levels
of service for public facilities adopted in the development impact fee
ordinance of the governmental entity that are applicable to existing
development as well as new growth and development. The construction,
improvement, expansion or enlargement of new or existing public facilities
for which a development impact fee is imposed must be attributable to the
capacity demands generated by the new development.
(3) A development impact fee ordinance shall specify the point in the
development process at which the development impact fee shall be collected.
The development impact fee may be collected no earlier than the
commencement of construction of the development, or the issuance of a
building permit or a manufactured home installation permit, or as may be
agreed by the developer and the governmental entity.
(4) A development impact fee ordinance shall be adopted in accordance
with the procedural requirements of section 67-8206, Idaho Code.
(5) A development impact fee ordinance shall include a provision
permitting individual assessments of development impact fees under
guidelines established in the ordinance.
(6) A development impact fee ordinance shall provide a process whereby a
developer shall receive, upon request, a written certification of the
development impact fee schedule or individual assessment for a particular
project, which shall establish the development impact fee for a period of
one (1) year from the date of the certification. The certification shall
include an explanation of the calculation of the impact fee including an
explanation of factors considered under section 67-8207, Idaho Code. The
certification shall also specify the system improvement(s) for which the
impact fee is intended to be used.
(7) A development impact fee ordinance shall include a provision for
credits in accordance with the requirements of section 67-8209, Idaho Code.
(8) A development impact fee ordinance shall include a provision
prohibiting the expenditure of development impact fees except in accordance
with the requirements of section 67-8210, Idaho Code.
(9) A development impact fee ordinance may provide for the imposition of
a development impact fee for system improvement costs incurred subsequent
to adoption of the ordinance to the extent that new growth and development
will be served by the system improvements.
(10) A development impact fee ordinance may exempt all or part of a
particular development project from development impact fees provided that
such project is determined to create affordable housing, provided that the
public policy which supports the exemption is contained in the governmental
entity's comprehensive plan and provided that the exempt development's
proportionate share of system improvements is funded through a revenue
source other than development impact fees.
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(11) A development impact fee ordinance shall provide that development
impact fees shall only be spent for the category of system improvements for
which the fees were collected and either within or for the benefit of the
service area in which the project is located.
(12) A development impact fee ordinance shall provide for a refund of
development impact fees in accordance with the requirements of section
67-8211, Idaho Code.
(13) A development impact fee ordinance shall establish for a procedure
for timely processing of applications for determination by the governmental
entity regarding development impact fees applicable to a project,
individual assessment of development impact fees, credits or reimbursements
to be allowed or paid under section 67-8209, Idaho Code, and extraordinary
impact.
(14) A development impact fee ordinance shall provide for appeals
regarding development impact fees in accordance with the requirements of
section 67-8212, Idaho Code.
(15) A development impact fee ordinance must provide a detailed
description of the methodology by which costs per service unit are
determined. The following methodologies shall be acceptable:
(a) The development impact fee per service unit may not exceed the
amount determined by dividing the costs of the capital improvements
described in section 67-8208(1) (f), Idaho Code, by the total number of
projected service units described in section 67-8208(1) (g), Idaho Code.
If the number of new service units projected over a reasonable period
of time is less than the total number of new service units shown by the
approved land use assumptions at full development of the service area,
the maximum impact fee per service unit shall be calculated by dividing
the costs of the part of the capital improvements necessitated by and
attributable to the projected new service units described in section
67-8208(1) (g), Idaho Code, by the total projected new service units
described in that section.
(b) An alternative methodology may be used by a governmental entity
provided that the governmental entity can demonstrate that such
alternative methodology accurately calculates the proportionate share
of the impact of the proposed development on the capacity of system
improvements in terms of generally accepted engineering and planning
principles.
(16) A development impact fee ordinance shall include a schedule of
development impact fees for various land uses per unit of development. The
ordinance shall provide that a developer shall have the right to elect to
pay a project's proportionate share of system improvement costs by payment
of development impact fees according to the fee schedule as full and
complete payment of the development project's proportionate share of system
improvement costs, except as provided in section 67-8214(3), Idaho Code.
(17) After payment of the development impact fees or execution of an
agreement for payment of development impact fees, additional development
impact fees or increases in fees may not be assessed unless the number of
service units increases or the scope or schedule of the development
changes. In the event of an increase in the number of service units or
schedule of the development changes, the additional development impact fees
to be imposed are limited to the amount attributable to the additional
service units or change in scope of the development.
(18) No system for the calculation of development impact fees shall be
adopted which subjects any development to double payment of impact fees.
(19) A development impact fee ordinance shall exempt from development
impact fees the following activities:
(a) Rebuilding the same amount of floor space of a structure which was
destroyed by fire or other catastrophe, providing the structure is
rebuilt and ready for occupancy within two (2) years of its
destruction;
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(b) Remodeling or repairing a structure which does not increase the
number of service units;
(c) Replacing a residential unit, including a manufactured home, with
another residential unit on the same lot, provided that the number of
service units does not increase;
(d) Placing a temporary construction trailer or office on a lot;
(e) constructing an addition on a residential structure which does not
increase the number of service units; and
(f) Adding uses that are typically accessory to residential uses, such
as tennis courts or clubhouse, unless it can be clearly demonstrated
that the use creates a significant impact on the capacity of system
improvements.
(20) A development impact fee will be assessed for installation of a
modular building, manufactured home or recreational vehicle unless the fee
payer can demonstrate by documentation such as utility bills and tax
records, either:
(a) That a modular building, manufactured home or recreational vehicle
was legally in place on the lot or space prior to the effective date of
the development impact fee ordinance; or
(b) That a development impact fee has been paid previously for the
installation of a modular building, manufactured home or recreational
vehicle on that same lot or space.
(21) A development impact fee ordinance shall include a process for
dealing with a project which has extraordinary impacts.
(22) A development impact fee ordinance shall provide for the calculation
of a development impact fee in accordance with generally accepted
accounting principles. A development impact fee shall not be deemed invalid
because payment of the fee may result in an incidental benefit to owners or
developers within the service area other than the person paying the fee.
(23) A development impact fee ordinance shall include a description of
acceptable levels of service for system improvements.
The Idaho Code .:1... made available on the Internet:. by the Idaho Legislature as a public service.
Thi. Internet ~s1on of the Idaho Code may not be used. for cc::aroerc1al pu%pOsea, nor may this
dat:aba.se be pubJ.:l..shed or repaaka.ged for cam:aercial. saJ.e without express wr:i.1:ten permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law ~ L c. ~ 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho Statutes
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Idaho
statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8205. DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE. (1) Any governmental
entity which is considering or which has adopted a development impact fee
ordinance, shall establish a development impact fee advisory co~ttee.
(2) The development impact fee advisory co~ttee shall be composed of
not fewer than five (5) members appointed by the governing authority of the
governmental entity. Two (2) or more members shall be active in the
business of development, building or real estate. An existing planning or
planning and zoning co~ssion may serve as the development impact fee
advisory co~ttee if the co~ssion includes two (2) or more members who
are active in the business of development, building or real estate;
otherwise, two (2) such members who are not employees or officials of a
governmental entity shall be appointed to the co~ttee.
(3) The development impact fee advisory co~ttee shall serve in an
advisory capacity and is established to:
(a) Assist the governmental entity in adopting land use assumptions;
(b) Review the capital improvements plan, and proposed amendments, and
file written comments;
(c) Monitor and evaluate implementation of the capital improvements
plan;
(d) File periodic reports, at least annually, with respect to the
capital improvements plan and report to the governmental entity any
perceived inequities in implementing the plan or imposing the
development impact fees; and
(e) Advise the governmental entity of the need to update or revise
land use assumptions, capital improvements plan and development impact
fees.
(4) The governmental entity shall make available to the advisory
co~ttee, upon request, all financial and accounting information,
professional reports in relation to other development and implementation of
land use assumptions, the capital improvements plan and periodic updates of
the capital improvements plan.
The Idaho Code ia made availabJ.e on the Internet by 'the Idaho Legislature as a public servi.ce.
This Internet. version of the Idaho Code may not. be used for ac.camereial purposes t nor may this
database be pub1:Lshed or repackaged for carmercial. saJ.e without express written permission~
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Ida hOt and is copyrighted by Idaho lawt Ie. S 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho
Statutes
TITLE 67
STATE GOVERNMENT .AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8206. PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES. (1) A
development impact fee shall be imposed by a governmental entity in
compliance with the provisions set forth in this section.
(2) A capital improvements plan shall be developed in coordination with
the development impact fee advisory comrnattee utilizing the land use
assumptions most recently adopted by the appropriate land use planning
agency or agencies.
(3) At least one (1) public hearing shall be held to consider adoption,
amendment, or repeal of a capital improvements plan. Two (2) notices, at
least one (1) week apart, of the time, place and purpose of the hearing
shall be published not less than fifteen (15) nor more than thirty (30)
days before the scheduled date of the hearing, in a newspaper of general
circulation within the jurisdiction of the governmental entity. A second
notice of the hearing on adoption of the capital improvements plan,
containing the same information, shall be published in the same manner at
least seven (7) days before the scheduled date of the hearing. Such notices
shall also include a statement that the governmental entity shall make
available to the public, upon request, the following: proposed land use
assumptions, a copy of the proposed capital improvements plan or amendments
thereto, and a statement that any member of the public affected by the
capital improvements plan or amendments shall have the right to appear at
the public hearing and present evidence regarding the proposed capital
improvements plan or amendments. The governmental entity shall send notice
of the intent to hold a public hearing by mail to any person who has
requested in writing notification of the hearing date at least fifteen (15)
days prior to the hearing date, provided that the governmental entity may
require that any person making such request renew the request for
notification, not more frequently than once each year, in accordance with a
schedule determined by the governmental entity, in order to continue
receiving such notices.
(4) If the governmental entity makes a material change in the capital
improvements plan or amendment, further notice and hearing may be provided
before the governmental entity adopts the revision if the governmental
entity makes a finding that further notice and hearing are required in the
public interest.
(5) Following adoption of the initial capital improvements plan, a
governmental entity shall conduct a public hearing to consider adoption of
an ordinance authorizing the imposition of development impact fees or any
amendment thereof. Notice of the hearing shall be provided in the same
manner as set forth in subsection (3) of this section for adoption of a
capital improvements plan.
(6) Nothing contained in this section shall be construed to alter the
procedures for adoption of an ordinance by the governmental entity.
provided, however, a development impact fee ordinance shall not be adopted
as an emergency measure and shall not take effect earlier than thirty (30)
days subsequent to adoption.
The Idaho Code is made avaiJ..abJ.e on the Internet by the Idaho Legisl.ature as a publ.ic service.
!'his Internet V8r8ion of the Idaho Code may not be used for coameroial. P1U:pOSe5, nor may this
database be published or repaclcag'ed for oal:l:Deroia1 sal.e without. exprelJs written permission.
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Idaho Statutes
.page k or ~
(
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. S 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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6/13/2002
Idaho Statutes
page 1 ot 1
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Idaho
statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8207. PROPORTIONATE SHARE DETERMINATION. (1) All development impact
fees shall be based on a reasonable and fair formula or method under which
the development impact fee imposed does not exceed a proportionate share of
the costs incurred or to be incurred by the governmental entity in the
provision of system improvements to serve the new development. The
proportionate share is the cost attributable to the new development after
the governmental entity considers the following: (i) any appropriate
credit, offset or contribution of money, dedication of land, or
construction of system improvements; (ii) payments reasonably anticipated
to be made by or as a result of a new development in the form of user
fees, debt service payments, or taxes which are dedicated for system
improvements for which development impact fees would otherwise be imposed;
and (iii) all other available sources of funding such system improvements.
(2) In determining the proportionate share of the cost of system
improvements to be paid by the developer, the following factors shall be
considered by the governmental entity imposing the development impact fee:
(a) The cost of existing system improvements within the service area
or areas;
(b) The means by which existing system improvements have been
financed;
(c) The extent to which the new development will contribute to the
cost of system improvements through taxation, assessment, or developer
or landowner contributions, or has previously contributed to the cost
of system improvements through developer or landowner contributions.
(d) The extent to which the new development is required to contribute
to the cost of existing system improvements in the future.
(e) The extent to which the new development should be credited for
providing system improvements, without charge to other properties
within the service area or areas;
(f) Extraordinary costs, if any, incurred in serving the new
development;
(g) The time and price differential inherent in a fair comparison of
fees paid at different times; and
(h) The availability of other sources of funding system improvements
including, but not limited to, user charges, general tax levies,
intergovernmental transfers, and special taxation. The governmental
entity shall develop a plan for alternative sources of revenue.
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Idaho's copyright.
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TITLE 67
STATE GOVERffi.1ENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8208. CAPITAL IMPROVEMENTS PLAN. (1) Each governmental entity
intending to impose a development impact fee shall prepare a capital
improvements plan. That portion of the cost of preparing a capital
improvements plan which is attributable to determining the development
impact fee may be funded by a one (1) time ad valorem levy which does not
exceed two one-hundredths per cent (.02%) of market value or by a surcharge
imposed by ordinance on the collection of a development impact fee which
surcharge does not exceed the development's proportionate share of the cost
of preparing the plan. For governmental entities required to undertake
comprehensive planning pursuant to chapter 65, title 67, Idaho Code, such
capital improvements plan shall be prepared and adopted according to the
requirements contained in the local planning act, section 67-6509, Idaho
Code, and shall be included as an element of the comprehensive plan. The
capital improvements plan shall be prepared by qualified professionals in
fields relating to finance, engineering, planning and transportation. The
persons preparing the plan shall consult with the development impact fee
advisory committee.
The capital improvements plan shall contain all of the following
(a) A general description of all existing public facilities and their
existing deficiencies within the service area or areas of the
governmental entity and a reasonable estimate of all costs and a plan
to develop the funding resources related to curing the existing
deficiencies including, but not limited to, the upgrading, updating,
improving, expanding or replacing of such facilities to meet existing
needs and usage;
(b) A commitment by the governmental entity to use other available
sources of revenue to cure existing system deficiencies where
practical;
(c) An analysis of the total capacity, the level of current usage, and
commitments for usage of capacity of existing capital improvements,
which shall be prepared by a qualified professional planner or by a
qualified engineer licensed to perform engineering services in this
state;
(d) A description of the land use assumptions by the government
entity;
(e) A definitive table establishing the specific level or quantity of
use, consumption, generation or discharge of a service unit for each
category of system improvements and an equivalency or conversion table
establishing the ratio of a service unit to various types of land uses,
including residential, commercial, agricultural and industrial;
(f) A description of all system improvements and their costs
necessitated by and attributable to new development in the service area
based on the approved land use assumptions, to provide a level of
service not to exceed the level of service adopted in the development
impact fee ordinance;
(g) The total number of service units necessitated by anq attributable
to new development within the service area based on the approved land
use assumptions and calculated in accordance with generally accepted
engineering or planning criteria;
(h) The projected demand for system improvements required by new
service units projected over a reasonable period of time not to exceed
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twenty (20) years;
(i) Identification of all sources and levels of funding available to
the governmental entity for the financing of the system improvements;
(j) If the proposed system improvements include the improvement of
public facilities under the jurisdiction of the state of Idaho or
another governmental entity, then an agreement between governmental
entities shall specify the reasonable share of funding by each unit,
provided the governmental entity authorized to impose development
impact fees shall not assume more than its reasonable share of funding
joint improvements, nor shall the agreement permit expenditure of
development impact fees by a governmental entity which is not
authorized to impose development impact fees unless such expenditure is
pursuant to a developer agreement under section 67-8214, Idaho Code;
and
(k) A schedule setting forth estimated dates for commencing and
completing construction of all improvements identified in the capital
improvements plan.
(2) The governmental entity imposing a development impact fee shall
update the capital improvements plan at least once every five (5) years.
The five (5) year period shall commence from the date of the original
adoption of the capital improvements plan. The updating of the capital
improvements plan shall be made in accordance with procedures set forth in
section 67-8206, Idaho Code.
(3) The governmental entity must annually adopt a capital budget.
The Idaho Code is made availabJ.e on the Internet by the Idaho Legisl.ature as a pubJ.ic service.
Ifhis Internet version of the Idaho Code may not be used for cc:aoercial purposes, nor may this
database be published or repackaged for ccameroia1 sue without express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state afIdaho, and is copyrighted by Idaho law, Ie. 9 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8209. CREDITS. (1) In the calculation of development impact fees for a
particular project, credit or reimbursement shall be given for the present
value of any construction of system improvements or contribution or dedication
of land or money required by a governmental entity from a developer for system
improvements of the category for which the development impact fee is being
collected, including such system improvements paid for pursuant to a local
improvement district. Credit or reimbursement shall not be given for project
improvements.
(2) If a developer is required to construct, fund or contribute system
improvements in excess of the development project's proportionate share of
system improvement costs, including such system improvements paid for pursuant
to a local improvement district, the developer shall receive a credit on
future impact fees or be reimbursed at the developer's choice for such excess
construction, funding or contribution from development impact fees paid by
future development which impacts the system improvements constructed, funded
or contributed by the developer(s) or fee payer.
(3) If credit or reimbursement is due to the developer pursuant to this
section, the governmental entity shall enter into a written agreement with the
fee payer, negotiated in good faith, prior to the construction, funding or
contribution. The agreement shall provide for the amount of credit or the
amount, time and form of reimbursement.
The Idaho Code ill made avail.abJ.e on the 'Internet by t.he Idaho Legislature as a public service.
'fhis 'Internet version of the Idaho Code may not be used for oc.mnerci.a1 puxpoaes, nor may this
database be published or repackaged for ca:mneroial. sal.e wi.thout express wr1.tten permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, L C. $ 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8210. EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.
(1) An ordinance imposing development impact fees shall provide that all
development impact fee funds shall be maintained in one (1) or more
interest-bearing accounts within the capital projects fund. Accounting
records shall be maintained for each category of system improvements and
the service area in which the fees are collected. Interest earned on
development impact fees shall be considered funds of the account on which
it is earned, and not funds subject to section 57-127, Idaho Code, and
shall be subject to all restrictions placed on the use of development
impact fees under the provisions of this chapter.
(2) Expenditures of development impact fees shall be made only for the
category of system improvements and within or for the benefit of the
service area for which the development impact fee was imposed as shown by
the capital improvements plan and as authorized in this chapter.
Development impact fees shall not be used for any purpose other than system
improvement costs to create additional improvements to serve new growth.
(3) As part of its annual audit process, a governmental entity shall
prepare an annual report describing the amount of all development impact
fees collected, appropriated, or spent during the preceding year by
category of public facility and service area.
(4) Collected development impact fees must be expended within five (5)
years from the date they were collected, on a first-in, first-out (FIFO)
basis, except that the development impact fees collected for wastewater
collection, treatment and disposal and drainage facilities must be expended
within twenty (20) years. Any funds not expended within the prescribed
times shall be refunded pursuant to section 67-8211, Idaho Code. A
governmental entity may hold the fees for longer than five (5) years if it
identifies, in writing:
(a) A reasonable cause why the fees should be held longer than five
(5) years; and
(b) An anticipated date by which the fees will be expended but in no
event greater than eight (8) years from the date they were collected.
Ifhe Idaho COde is made avaiJ.ab1e on the Internet by the Idaho Legislature as a pub~ie service..
Th1.s Internet version oE the Idaho Code may not be used. for ec:amercial purposes, nor may this
da1:abase be pub1ished. or repackaged for ocmmercia1 sal.e without express writ.ten penn:lssion..
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Available Reference: Searc/t Instructions.
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According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8211. REFUNDS. (1) Any governmental entity which adopts a development
impact fee ordinance shall provide for refunds upon the request of an owner
of property on which a development impact fee has been paid if:
(a) Service is available but never provided;
(b) A building permit or permit for installation of a manufactured
home is denied or abandoned; or
(c) The governmental entity, after collecting the fee when service is
not available, has failed to appropriate and expend the collected
development impact fees pursuant to section 67-8210(4), Idaho Code.
(2) When the right to a refund exists, the governmental entity is
required to send a refund to the owner of record within ninety (90) days
after it is determined by the governmental entity that a refund is due.
(3) A refund shall include a refund of interest at one-half (1/2) the
legal rate provided for in section 28-22-104, Idaho Code.
(4) Any person entitled to a refund shall have standing to sue for a
refund under the provisions of this chapter if there has not been a timely
payment of a refund pursuant to subsection (2) of this section.
The Idaho COde 18 made avai.J.ab1e on the Internet by the Idaho Legis1at.ure as a public service.
i'his Internet. version of the Idaho Code may not be used for coumercial purposes I nor may this
database be pubJ.ished. or repackaged for carmerc1aJ. sa1.e without: express writ.ten pennission..
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Available Reference: Search Instructions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. 8 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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6/13/2002
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Idaho Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8212. APPEALS. (1) A governmental entity which adopts a development
impact fee ordinance shall provide for administrative appeals by the
developer or fee payer from any discretionary action or inaction by or on
behalf of the governmental entity.
(2) A fee payer may pay a development impact fee under protest in order
to obtain a development approval or building permit. A fee payer making
such payment shall not be estopped from exercising the right of appeal
provided in this chapter, nor shall such fee payer be estopped from
receiving a refund of any amount deemed to have been illegally collected.
(3) A governmental entity which adopts a development impact fee ordinance
shall provide for mediation by a qualified independent party, upon
voluntary agreement by the fee payer and the governmental entity, to
address a disagreement related to the impact fee for proposed development.
The ordinance shall provide that mediation may take place at any time
during the appeals process and participation in mediation does not preclude
the fee payer from pursuing other remedies provided for in this section.
The ordinance shall provide that mediation costs will be shared equally by
the fee payer and the governmental entity.
The Idaho Code is made avail.abl.e on the Internet by the Idaho Legisl.atu.re as a public service.
!!!his Internet version of the Idaho Code may not. be used for ccumerciaJ. pu%pOses, nor may this
database be published or repackaqed. for caunercia1 sue without. express written permission.
Search the Idaho Statutes
Available Reference: SellTcl, Instructions.
The Idaho Code is the property afthe state afIdaho, and is copyrighted by Idaho law, Ie. 99-350.
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purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
ldaho's copyright.
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Idaho statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8213. COLLECTION. A governmental entity may provide in a development
impact fee ordinance the means for collection of development impact fees,
including, but not limited to:
(1) Additions to the fee for reasonable interest and penalties for
non-payment or late payment;
(2) Withholding of the building permit or other governmental approval
until the development impact fee is paid;
(3) Withholding of utility services until the development impact fee is
paid; and
(4) Imposing liens for failure to timely pay a development impact fee
following procedures contained in chapter 5, title 45, Idaho Code.
!'he Idaho Code is made available on the Internet by the Idaho Leqislature as a public service.
This Internet. version of the Idaho Code may not be used for coomercia1 pw:posea, nor may 1:his
database be pubJ.ished. or repackaged for carmercia1 saJ.e without express written pennission.
Search the Idaho Statutes
Available Reference: Search Instrllctions.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. S 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho
Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8214. OTHER POWERS AND RIGHTS NOT AFFECTED. (1) Nothing in this
chapter shall prevent a governmental entity from requiring a developer to
construct reasonable project improvements in conjunction with a development
project.
(2) Nothing in this chapter shall be construed to prevent or prohibit
private agreements between property owners or developers, the Idaho
transportation department and governmental entities in regard to the
construction or installation of system improvements or providing for
credits or reimbursements for system improvement costs incurred by a
developer including interproject transfers of credits or providing for
reimbursement for project improvements which are used or shared by more
than one (1) development project. If it can be shown that a proposed
development has a direct impact on a public facility under the jurisdiction
of the Idaho transportation department, then the agreement shall include a
provision for the allocation of impact fees collected from the developer
for the improvement of the public facility by the Idaho transportation
department.
(3) Nothing in this chapter shall obligate a governmental entity to
approve development which results in an extraordinary impact.
(4) Nothing in this chapter shall obligate a governmental entity to
approve any development request which may reasonably be expected to reduce
levels of service below minimum acceptable levels established in the
development impact fee ordinance.
(5) Nothing in this chapter shall be construed to create any additional
right to develop real property or diminish the power of counties or cities
in regulating the orderly development of real property within their
boundaries.
(6) Nothing in this chapter shall work to limit the use by governmental
entities of the power of eminent domain or supersede or conflict with
requirements or procedures authorized in the Idaho Code for local
improvement districts or general obligation bond issues.
(7) Nothing herein shall restrict or diminish the power of a governmental
entity to annex property into its territorial boundaries or exclude
property from its territorial boundaries upon request of a developer or
owner, or to impose reasonable conditions thereon, including the recovery
of project or system improvement costs required as a result of such
voluntary annexation.
'J!he Idaho Code is :made availab1e on the Internet by the Idaho Legislature as a pub1.ic service.
This Internet. veraion of the Idaho Code may not. be used for commercial. purposes, nor may this
database be publ.iahed or repackaged for carmercial. saJ.e without express written pe%miss:i.on.
Search the Idaho Statutes
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The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, Ie. ~ 9-350.
According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial
purposes in violation of the provisions of this stahlte shall be deemed to be an infringer of the state of
Idaho's copyright.
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Idaho Statutes
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Idaho
statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 82
DEVELOPMENT IMPACT FEES
67-8215. TRANSITION. (1) The provisions of this chapter shall not be
construed to repeal any existing laws authorizing a governmental entity to
impose fees or require contributions or property dedications for capital
improvements. All ordinances imposing development impact fees shall be
brought into conformance with the provisions of this chapter within one (1)
year after the effective date of this chapter. Impact fees collected and
developer agreements entered into prior to the expiration of the one (1)
year period shall not be invalid by reason of this chapter. After adoption
of a development impact fee ordinance, in accordance with the provisions of
this chapter, notwithstanding any other provision of law, development
requirements for system improvements shall be imposed by governmental
entities only by way of development impact fees imposed pursuant to and in
accordance with the provisions of this chapter.
(2) Notwithstanding any other provisions of this chapter, that portion of
a project for which a valid building permit has been issued or construction
has commenced prior to the effective date of a development impact fee
ordinance shall not be subject to additional development impact fees so
long as the building permit remains valid or construction is commenced and
is pursued according to the terms of the permit or development approval.
The Idaho COde is made available on the In1:.ernet. by the Idaho Legislat.ure as a pubJ.ic servi.oe.
Thill In1:ernet. version of the Idaho Code may not. be used for CClIlI1MU"cial pu%pOses, nor may 'this
database be pub1.ished or repackaged for cam:oercial. saJ.e without express writt.en pexmission.
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purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of
Idaho's copyright.
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C.HAPTER 7
IMPACT.. FEES
10-7-1: SHORT TITLE, APPLICABILITY AND PURPOSE:
A. Short Title: This Chapter shall be known and may be cited as the CI1Y OF MERIDIAN
IMPACT FEE ORDINANCE.
B. Applicability: This Chapter shall apply to the development of property located within the
boundaries of the City as well as "service areaslf identified in the City of Meridian/Ada
County area of impact agreement as the same is amended from time to time.
C. Purpose: The City Council finds that an equitable program for planning and financing public
facilities needed to serve new growth and development is necessary in order to promote and
accommodate orderly growth and development and to protect the public health, safety and
general welfare of the citizens of the City. It is the intent by enacting this Chapter to:
1. Ensure that adequate facilities are available to serve new growth and development;
2. Promote orderly growth and development by establishing uniform standards by which the
City may require that those who benefit from new growth and development pay a
proportionate share of the cost of new public facilities needed to serve new growth and
development.
3. Ensure that those who benefit from new growth and development are required to pay no
more than their proportionate share of the cost of public facilities needed to selVe new
growth and development and to prevent duplicate and ad hoc development requirements;
4. Collect and expend development impact fees pursuant to the enabling powers granted by
the provisions of the Idaho Development Impact Fee Act34;
5. Provide the legal and procedural basis for the implementation of development impact fees
within the area of City impact; and
6. Ensure that any capital improvement funded wholly or in part with impact fee revenue shall
first be included in an approved capital improvements plan that lists the capital improvements
that may be funded with impact fee revenues as well as the estimated costs and timing for
each improvement.
D. Chapter To Be Amended: It is intended that this Chapter will be amended as capital
improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant
(
(
to the provisions of Idaho Code section 67-8208, to include specific methodology for the
calculation of development impact fees for specific categories of public facilities.
Development impact fees shall not be charged, collected or expended for public facilities
which are not included in an approved capital improvements plan that lists the capital
improvements which may be funded with impact fee revenues, as well as the estimated costs
and timing for each improvement. No amendment to this Chapter adopting an impact fee for
public facilities or amending or adopting the methodology for calculating an impact fee shall
be effective unless approved by ordinance adopted by the City Council in accordance with the
procedural requirements ofIdaho Code section 67-8206. (Ord. 723, 3-1-1996)
10-7-2: RULES OF CONSTRUCTION:
A. Interpretation: This Chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety and welfare.
B. Rules Enumerated: Unless otherwise stated, the following rules of construction shall apply to
the text of this Chapter:
1. If there is any conflict between the text of this Chapter and any table, summary table or
illustration, the text shall control.
2. The word "shall" is always mandatory and not discretionary; the word ftmay" is permissive.
3. The phrase "used for" includes "arranged for", "designed for", or "occupied for".
4. The word "person" includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
5. The word "includes" shall not limit a term to the specific example but is intended to extend
its meaning to all other instances or circumstances of like kind or character.
6 . Words used in the present tense shall include the future; words used in the singular shall
include the plural and the plural the singular, unless the context clearly indicates the contrary;
and use of the masculine gender shall include the feminine.
7. Unless the context clearly indicates the contrary, where a regulation involves two (2) or
more items, conditions, provisions, or events connected by the conjunction "andtt, "or" or
"either... or", the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected terms, conditions, provisions or events shall
apply~
b. "Or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
c. "Either... or" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination. (Ord. 723, 3-1-1996)
10-7-3: DEFINITIONS:
For the purpose of this Chapter, the following terms, phrases and words shall have the meaning
given herein.
APPLICANT: Person who applies for a building permit or is otherwise subject to the provisions
of this Chapter.
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or
other official act of the City.
B~DER: Person who applies for a building permit or is otherwise subject to the provisions of
this Chapter.
B~DING: Any structure having a roof entirely separated from any other structure by space or
by walls in which there are no communicating doors or windows or any similar opening and
erected for the purpose of providing support or shelter for persons, animals, things or property of
any kind.
B~DING PERMIT: An official document or certificate by that name issued by the Meridian
Public Works Department, authorizing the construction or siting of any building.
CAPITAL llvIPROVEMENTS: Improvements with a useful life often (10) years or more, by new
construction or other action, which increase the service capacity of a public facility or service.
CAPITAL llvIPROVEMENTS PLAN: A plan adopted and amended pursuant to the provisions of
the Development Impact Fee Act, Idaho Code section 67-8208 which identifies capital
improvements for which development impact fees may be used as a funding source.
CITY COUNCIL: The City Council of the City of Meridian, Idaho.
CITY PARK SYSTEM: Includes all park and recreation facilities operated by the City.
COMMUNITY PARK: A park planned primarily to provide active and structured recreation
activities for young people and adults. In general, community park facilities are designed for
organized activities and sports, although individual and family activities are also encouraged.
Community parks can also provide indoor facilities to meet a wider range of recreation interests.
Where there are no neighborhood parks, the community park can also serve this function.
In comparison to neighborhood parks, community parks serve a much larger area and offer
more facilities. Their service area is roughly a one to two (2) mile radius, and will support a
population of approximately seven thousand five hundred (7,500) to fifteen thousand
(
(
(15,000) persons, depending upon size and facilities. As a result, they require more support
facilities such as parking, restrooms, covered play areas, etc. Community parks are usually
about twenty (20) acres in size and often have sports fields or similar facilities as the central
focus of the park.
CO:MPREHENSIVE PLAN: The City of Meridian Comprehensive Plan known as "The City of
Meridian Comprehensive Plan" as updated and amended from time to time pursuant to Idaho
Code section 67-6508.
CREDITS: The present value of system or service improvements, contribution or dedication of
land or money required by the City from a developer for system or service improvements of the
category for which the development impact fee is being collected.
DEDICATION: A deliberate appropriation of land by its owner for use as public facilities as the
same are defined herein.
DEVELOPER: Person who applies for a building pennit or submits a plat or is othelWise subject
to the provisions of this Chapter.
DEVELOPMENT: Any construction or installation of a building or structure, or any change in
use of a building or structure, or any change in the use, character or appearance of land, which
creates additional demand and need for public facilities.
DEVELOPMENT APPROVAL: Any written authorization from the City which authorizes the
commencement of a development.
DEVELOPMENT IMPACT FEE: A payment of money imposed as a condition of development
approval to pay for a proportionate share of the cost of system or service improvements needed to
serve development. This term is also referred to as an impact fee in this Chapter. The term does
not include the following:
A. A charge or fee to pay the administrative, plan review, or inspection costs associated with
pennits required for development;
B. Connection or hookup charges;
C. Availability charges for drainage, sewer, water or transportation for services provided
directly to the development.
D. Amounts collected from a developer in a transaction in which the governmental entity has
incurred expenses in constructing capital improvements for the development if the owner or
developer has agreed to be financially responsible for the construction or installation of the
capital improvements, unless a written agreement is made pursuant to Idaho Code section
67-8209(3), for credit or reimbursement.
DEVELOP:MENT REQUIRE:MENT: A requirement attached to a development approval or other
governmental action approving or authorizing a particular development project including, but not
limited to, a rezoning which requirement compels the payment, dedication or contribution of
goods, services, land, or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged, designed
or used as living and/or sleeping quarters for one or more persons. "Dwelling unit" includes
"mobile home".
EXISTING DEVELOPMENT: The lawful land use which physically exists or for which the
landowner holds a valid building permit as of the effective date hereof or that maximum level of
development activity for which a previous impact fee was paid under the provisions of this
Chapter. As used in this Chapter, the term II lawful land use" shall not include a land use which has
been established or maintained in violation of this Chapter or applicable codes.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: a)
result in the need for system improvements, the cost of which will significantly exceed the sum of
the development impact fees to be generated from the project or the sum agreed to be paid
pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), or b) result
in the need for system improvements which are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The official or designee appointed by the Mayor with City Council
approval, to administer this Chapter.
FEE PAYER: A person intending to commence a proposed development for which an impact fee
computation is required, or a person who has paid an impact fee, provided a letter of credit, or
made a contribution in-lieu-of-fee pursuant to this Chapter.
IMPACT: The effect on the local public facilities and services in a given area produced by the
additional population attracted by development.
INDIVIDUAL PROJECT ASSESS:MENT: An assessment of a particular project based upon an
agreement between a fee payer and the City whereby clear and convincing evidence has
established that the impact fee requires adjustment.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses,
densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service
demand for public facilities.
MANUF ACTURED HO:ME: A structure, constructed according to HUD/FHA mobile home
construction and safety standards, transportable in one or more sections, which, in the traveling
mode, is eight feet (8') or more in width or is forty (40) body feet or more in length, or when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein, except that such term shall include any structure which meets
all the requirements and with respect to which the manufacturer voluntarily files a certification
required by the Secretary of Housing and Urban Development and complies with the standards
established under 42 use 5401 et seq.
MOBILE HO:ME: (See also definition of Manufactured Home.) A transportable, factory-built
home, designed to be used as a year-round residential dwelling and built prior to the enactment of
the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which
became effective June 15, 1976.
MODULAR BUILDING: Any building or building component, other than a manufactured home,
which is constructed according to standards contained in the Uniform Building Code, as adopted
by the City, or any amendments thereto, which is of closed construction and is either entirely or
substantially prefabricated or assembled at a place other than the building site.
NEIGHBORHOOD PARK: A combination playground and park, designed primarily for
nonsupervised, nonorganized recreation activities. They are generally small in size (about 5 acres),
and typically serve residents within a half-mile radius. At average residential densities, this
amounts to a service area population of about three thousand (3,000) to five thousand (5,000)
residents. Since these parks are located within walking and bicycling distance of most users, the
activities they support often become a daily pastime for neighborhood children.
NONRESIDENTIAL DEVELOP:MENT: Any development project not providing for residential
dwelling units.
OWNER: The person holding legal title to the real property, including the local, State or Federal
government or any subdivision thereof
PARK AND FACILITIES: All park lands and facilities as described in the Comprehensive Plan
including neighborhood, community, linear and regional parks as well as special use and open
space areas together with the park system improvements necessary to support the recreation
needs of the population served and to be selVed as identified in the Plan.
PARK PLANNING AREA: A statistical area of the official City of Meridian corporate boundary
as determined by annexation boundaries, sometimes referred to as "service area". Community
park facilities in Meridian are deemed to serve the entire community and impact fees for such
facilities shall be charged equally within the boundaries of the Meridian area of City impact,
including the City of Meridian.
PRESENT VALUE: The total current monetary value of past, present, or future payments,
contributions or dedications of goods, services, materials construction or money.
PROJECT: A particular development on an identifiable parcel of land.
PROJECT IMPROVE:MENTS: Site improvements and facilities that are planned and designed to
provide for a particular development project and that are necessary for the use and convenience of
the occupants or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined
pursuant to Idaho Code section 67-8207, which reasonably relates to the selVice demands and
needs of the project.
PUBLIC FACILITIES: Shall include:
A. Wastewater collection, treatment and disposal facilities;
B. Storm water collection, retention, detention, treatment and disposal facilities, flood control
facilities, and bank and shore protection and enhancement improvements;
C. Landscaping associated with roads, streets and bridges and rights of way associated
therewith;
D. Parks, open space and recreation areas, and related capital improvements; and
E. Public safety facilities, including law enforcement, fire, emergency medical and rescue and
street lighting facilities.
PUBLIC FACILITIES PLANNING AREA: A designated area identified in the Comprehensive
Plan and capital facilities plan for which public facilities needs have been determined based upon
assumptions made in accordance with generally accepted planning and engineering standards.
SERVICE AREA: Any defined geographic area identified by the City in the Comprehensive Plan
or by intergovernmental agreement between the City and another governmental entity, in which
specific facilities provide service to development within the area defined, on the basis of sound
planning or engineering principles or both.
SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need
attributable to an individual unit of development calculated in accordance with generally accepted
municipal, engineering or planning standards for a particular category of capital improvements.
SYSTEM IMPROVE:MENT COSTS: Costs incurred for construction or reconstruction of
system or service improvements, including design, acquisition, engineering and other costs
attributable thereto, and also including, without limitation, the type of costs described in Idaho
Code section 50-1702(h), to provide additional public facilities or services needed to seIVe new
(
growth and development. For clarification, system improvement costs do not include:
A. Construction, acquisition or expansion of public facilities or services other than capital
improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
c. Upgrading, updating, expanding or replacing existing capital improvements in order to
meet stricter safety, efficiency, environmental or regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements solely for the
purpose of providing better service to existing development;
E. Administrative and operating costs of the City unless such costs are attributable to
development of the capital improvements plan, as provided in Idaho Code section 67-8208;
or
F. Principal payments and interest or other finance charges on bonds or other indebtedness
except financial obligations issued by or on behalf of the City to finance capital improvements
identified in the capital improvements plan.
SYSTEM IMPROVE:MENTS: In contrast to project improvements, mean capital improvements
to public facilities which are designed to provide service to a service area including, without
limitation, the type of improvements described in Idaho Code section 50-1703.
UNIT(S) OF DEVELOP:MENT: A quantifiable increment of development activity dimensioned in
terms of dwelling units, or other appropriate measurements contained in the impact fee schedule.
(Ord. 723, 3-1-1996)
10-7-4: GENERAL PROVISIONS:
All development is deemed to create an impact and therefore an increased demand for public
services. As such, the cost of new public facilities should be borne by new users to the extent new
use requires new facilities. Therefore, any application for a building permit enabling the
construction on or after the effective date hereof or any amendment hereto which provides for
impact fees for any additional allowed category of public facilities, adopted by the City Council
pursuant to the provisions of Idaho Code section 67-8206, shall be subject to the imposition of
impact fees in the manner and amount set forth in this Chapter as it is adopted initially or as it is
amended as provided for in subsection 10-7-ID of this Chapter.
A. Building Permits Previously Granted Or Pending:
1. Complete applications for building permits received by the Public Works Department prior
to the effective date of this Chapter or amendments hereto adopting impact fees or amending
,. -
(
or adopting any methodology by which impact fees are calculated, will be exempt from that
portion of this Chapter or amendment enacted after the application, if a complete building
permit is issued within one hundred twenty (120) days of the effective date of this Chapter or
amendment. A "complete application" for a building permit shall be defined as including
permitted plans signed and sealed by a State licensed engineer or architect showing all site
work, zoning compliance, architectural, structural, electrical, and plumbing work.
Applications for building permits filed prior to the effective date of this Chapter or
amendment but which become null and void shall be subject to the provisions of this Chapter
in the event of reapplication. In the event that an amendment to this Chapter involves a
change in the amount of impact fees charged for a particular category of public facility or
services, the fee payer shall pay the lesser impact fee amount.
2. For building permits which expire or are revoked after the effective date hereof the fee
payer shall be entitled to a refund of previously paid impact fees (see Section 10-7-7 of this
Chapter) provided that in the case of a reapplication for permit, the impact fee in effect at
that time shall be paid.
B. Prior Fee Payment Required: All fee payments shall be made to the Fee Administrator prior
to the issuance of a building permit unless otherwise agreed to in writing by the City and the
developer; and no building shall commence nor shall a building permit be issued unless and
until the applicant has satisfied the provisions of this Chapter. Violations of this provision
shall be subject to the sanctions set forth in subsection lO-7-5E of this Chapter.
C. Duplicate Charges: This Chapter shall not be construed to subject any development to double
payment of the same impact fees.
D. Benefits Not Exclusive: A development impact fee shall not be deemed invalid because the
intended improvement for which the fee was paid may result in an incidental benefit to
owners or developers within a service area other than the persons paying the fee.
E. Additional Requirements: Compliance with this Chapter shall not excuse the applicant from
compliance with all other governmental development regulations. Building and/or use permits
may be withheld until all such requirements are met.
F. Anticipated Excessive Impact; Options: The Council recognizes that there may be
circumstances where the anticipated fiscal impacts of a proposed development are of such
magnitude that the City may be unable to accommodate the development without excessive
or unscheduled public expenditures which exceed the amount of the anticipated impact fees
from such development. If the Council determines that a proposed development activity
would create such an extraordinary impact on the City's public facilities and services system,
the Council may refuse to approve the proposed development activity and/or may
recommend to the other affected government agencies that the project not be approved. In
the alternative, the Council may calculate a pro rata share per service unit of the
extraordinary impact and charge an impact fee greater than the fee indicated by use of the fee
schedule.
G. Individual Assessments: Individual project assessments of development impact fees may be
made by application to the Fee Administrator who shall evaluate such individual project
assessments under the guidelines provided for in subsection IO-7-13G of this Chapter. If the
guidelines are met, the individual project assessment shall be recommended for approval by
the Fee Administrator and forwarded to the City Council for approval within thirty (30) days
of receiving such application. An adverse recommendation by the Fee Administrator may be
appealed to the Council under subsection IO-7-13G3 of this chapter. Final determination
regarding project assessments shall be made by the City Council.
H. Periodic Review; Recommendations To Council: The Development Impact Fee Advisory
Committee shall periodically review the contents of the adopted impact fee ordinance (this
Chapter) and, when appropriate, make recommendations for revisions to the City Council.
The City Council shall consider the Development Impact Fee Advisory Committee's
recommended revision(s) to this Chapter at least once every twelve (12) months. The
Development Impact Fee Advisory Committee's recommendations and the City Council's
action are intended to ensure that the benefits to a fee paying development are equitable, in
that the fee charged the development shall not exceed a proportionate share of the costs of
system improvements, and the procedures for administering impact fees remain efficient.
(Ord.723,3-1-1996)
10-7-5: DEVELOPMENT IMPACT FEE; STANDARDS AND
PROCEDURES:
The development impact fee reflects the need for capital improvements to public facilities or
services made necessary by new development. Any person requesting a building permit for
development or who is otherwise subject to this Chapter, shall pay the impact fee equal to the sum
of impact fees reflected in the impact fee schedules set forth in this Code and determined pursuant
to the following:
A. Fee Limitation: The development impact fee shall not exceed a "proportionate share" of the
costs incurred or the costs that will be incurred by the City in the provision of "system
improvements" to serve the new development.
B. Proportionate Share: The "proportionate share" is the cost attributable to the new
development after consideration by the City of the following factors:
1. Any appropriate credit, offset or contribution of money, dedication of land, or construction
of system improvements;
2. Payments reasonably anticipated to be made by or as a result of the new development in
the form of user fees, debt service payments, or taxes which are dedicated for system
improvements for which development impact fees would otherwise be imposed;
3. All other available sources of funding such system improvements.
C. Additional Factors: In determining the "proportionate share" of the cost of system
improvements to be paid by the developer, the following additional factors shall be
considered:
1. The cost of existing system improvements within the service area or areas impacted by the
new development;
2. The means by which existing system improvements have been financed;
3. The extent to which the new development will contribute to the cost of system
improvements through taxation, assessments, or developer or landowner contributions;
4. The extent to which the new development is required to contribute to the cost of existing
system improvements in the future;
5. The extent to which the new development should be credited for providing system
improvements, without charge to other properties within the service area or areas impacted
by the new development;
6. Extraordinary costs, if any, incurred in serving the new development;
7. The time and price differential inherent in a fair comparison of fees paid at different times;
and
8. The availability of other sources offunding system improvements including, but not limite~
to, user charges, general tax levies, intergovernmental transfers, and special taxation as set
forth more specifically in the Comprehensive Plan as required by Idaho Code section
67 -8207(2)(h).
D. Protection Against Increasing Fees: After payment of development impact fees to the Fee
Administrator or the execution of an agreement for payment of development impact fees,
additional impact fees or increases in fees may not be assessed unless the number of service
units increases or the scope or schedule of the development changes. In the event of an
increase in the number of service units or schedule of the development changes, the additional
development impact fees to be imposed are limited to the amount attributable to the
additional service units or change in scope of the development.
E. Method Of Collection: To ensure collection of development impact fees, the Fee
Administrator may use the following means and methods:
1. Additions to the fee for interest at the highest legally allowable rate as well as a penalty of
five percent (5%) for each thirty (30) day period payment is late under the terms of this
Chapter or the agreement between the developer and the City;
2. Withholding the building permit or other approval until the impact fee is paid;
3. Withholding utility services until the impact fee is paid; and
4. Imposition of liens for failure to timely pay the impact fee following the procedures set
forth in Idaho Code title 45, chapter 5. (Ord. 723, 3-1-1996)
10-7-6: DETERMINATION OF DEVELOPMENT IMPACT FEES:
Prior to issuance of a building permit for development, the applicant or owner will be required to
pay monetary fees in accordance with this Section. It is intended that this requirement extend to
any owner or builder, including the State of Idaho, the United States of America and any other
governmental or quasi-governmental entity.
A. General Formula: The development impact fee per service unit may not exceed the amount
determined by dividing the costs of the capital improvements described in the capital
improvements plan and as required by Idaho Code section 67-8208(2)(f), by the total number
of projected service units as described in the Comprehensive Plan and as required by Idaho
Code section 67-8208(2)(g). If the number of new service units projected over a reasonable
period of time is less than the total number of service units shown by the approved land use
assumptions at full development of the service area, the maximum impact fee per service unit
shall be calculated by dividing the costs of the part of the capital improvements necessitated
by and attributable to the projected new service units described in Idaho Code section
67-8208(2)(g) by the total projected new service units described in that section.
B. Alternate Methodology:
1. Criteria: An alternative methodology may be used; provided, that it can be demonstrated
that such alternative methodology accurately calculates the proportionate share of the impact
of the proposed development on the capacity of system improvements in terms of generally
accepted municipal, engineering and planning principles.
2. Right To Question Method: Challenges to the methodology adopted by any impact fee
ordinance approved by the City Council may be brought by any interested individual within
sixty (60) days of the adoption or modification of such impact fee methodology by filing
formal protest with the City Clerk who shall set the matter for hearing before the City
Council within thirty (30) days of receiving such protest. The protesting party shall be
specific in identifying objections to the methodology. The City Council shall render a written
decision within fifteen (15) days of the closure of the hearing on the protest. The decision of
the City Council shall be final.
C. Permit Fee Increased; No Refund: In the case of development activity involving a change of
use and/or magnitude of use in which a building permit is required, the applicant shall be
required to pay the computed impact fee for any proposed development activity for which the
impact fee has not been previously paid. When any building permit expires or is revoked after
the effective date hereof and a fee has not previously been paid under this Chapter, the
applicant shall be required to comply with the provisions herein. No refunds will be given for
proposed development activity resulting in a negative fee calculation.
D. Exemption To Fee: No impact fee payment shall be required for any development activity
when the total calculated fee is less than five dollars ($5.00);
E. Fee Administrator Determination: If the type of dwelling unit within a proposed or current
development is not specified in the impact fee schedule, the Fee Administrator shall use the
dwelling unit most nearly comparable in computing the fee. This determination shall be made
at the discretion of the Fee Administrator, with appeal to the City Council if the applicant
disagrees with the Fee Administrator's determination.
F. Criteria For Determination: In determining existing development activity and the units of
proposed or existing development, the Fee Administrator shall use the building permit or
zoning certificate of use information contained in the building or zoning records of the City.
G. Manufactured Homes; Possible Exemption: A development impact fee will be assessed for
installation of a modular building, manufactured home or mobile home unless the fee payer
can demonstrate by documentation such as utility bills and tax records either:
1. That a modular building, manufactured home or mobile home was legally in place on the
lot or space prior to the effective date hereof; or
2. That a development impact fee has been paid previously for the installation of a modular
building, manufactured home or mobile home on that same lot or space. (Ord. 723,
3-1-1996)
10-7-7: REFUND OF IMPACT FEES PAID:
A. Qualification: The fee payer or current owner shall be entitled to a refund of the impact fee if:
1) a building permit encompassing fee paying development expires or is revoked, or 2) if the
public facility for which the fee was paid is available but never provided, or 3) the City, after
collecting the fee when the public facility for which the fee was paid is not available, has
failed to appropriate and expend the collected development impact fees within ten (10) years
on a first in, first-out (FIFO) basis, except that the City shall retain the general administrative
or specified administrative charge portion of the fee to cover the cost of the administration of
the impact fee calculation, collection and refund. However, no refund shall be provided for
the cost of completed improvements contributed in lieu of fee unless otherwise provided for
in a development agreement.
B. Refund Made With Interest; Requested: Any impact fee trust funds refunded shall be returned
to the fee payer or current owner by the Fee Administrator with accrued interest at one-half
(1/2) the legal fate as provided for in Idaho Code section 28-22-104. The fee payer Of current
owner shall be required to submit a written request for refund to the Fee Administrator
before issuance of the refund can be authorized. No refunds of development impact fees will
be provided for in the event the fee payer or current owner does not request such a refund
prior to the expiration of one year following the ten (10) year period from the date the
development impact fee was paid.
C. Prompt Reimbursement: Refunds shall be sent to the fee payer, or person entitled to such
refund, within ninety (90) days of their approval by the City.
D. Council Approval For Expenditures: Funds shall be deemed expended for purposes of this
Chapter when payment of said funds has been approved by the City. (Ord. 723, 3 -1-1996)
10-7-8: EXEMPTIONS:
A. Criteria Enumerated: The following shall be exempted from payment of development impact
fees:
1. Rebuilding the same amount of floor space of a structure which was destroyed by fire or
other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2)
years of the fire or other catastrophe;
2. Remodeling or repairing a structure which does not increase the number of service units;
3. Replacing a residential unit, including a manufactured home, with another residential unit
on the same lot; provided, that the number of service units does not increase;
4. Placing a temporary construction trailer or office on a lot;
5. Constructing an addition on a residential structure which does not increase the number of
service units;
6. Adding uses that are typically accessory to residential uses, such as tennis courts or
clubhouses, unless it can be clearly demonstrated that the use creates a significant impact on
the capacity of system improvements; and
7. Development projects which are commercial, industrial or office projects, or portions of
projects that involve commercial, industrial or office uses or building permits.
B. Claimed At Time Of Application: An exemption must be claimed by the fee payer upon
application for a building permit. Any exemption not so claimed shall be deemed waived by
the fee payer. All requests shall be submitted to and determined by the Fee Administrator.
Appeals of the Fee Administrator's determination shall be made under the provisions of
Section 10-7-16 of this Chapter. (Ord. 723, 3-1-1996)
10-7-9: CREDITS:
A. Based On Present Value: In the calculation of impact fees for a particular project, credit shall
only be given for the present value of any construction of system improvements or
contribution or dedication of land or an interest in land or money required by the City from a
developer for system improvements. Credit shall not be given for project improvements.
B. Duplication Of Fees: A developer who is required to construct, fund or contribute system
improvements in excess of the impact fees which would otherwise have been paid by the
development project, shall be reimbursed for such excess construction, funding or
contribution from analogous impact fees paid by future development located in the service
area which is benefitted by such improvements.
C. Disposition Of Excess Funds: If credit or reimbursement is due to the developer pursuant to
this Section, the City and the developer shall enter into a written agreement, negotiated in
good faith, prior to the construction funding or contribution. The agreement shall provide for
the amount of credit or the amount, time and form of reimbursement.
D. Documentation; Determination; Appeal: Any person requesting such credit or reimbursement
shall present documentation of costs or payments for facilities to be considered by the Fee
Administrator for use in determining the amount of credit or reimbursement to be given. The
determination shall be made no more than thirty (30) days after complete documentation is
submitted to the Fee Administrator. Any appeal from such a decision by the Fee
Administrator will be reviewed by the City Council pursuant to the procedures set forth in
Section 10-7-16 of this Chapter. (Ord. 723, 3-1-1996)
10-7-10: SUITABILITY OF LAND OFFERED FOR DEDICATION:
In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying
impact fees or a portion thereof: the following procedures and criteria shall be applied:
A. Qualifying Land: The Fee Administrator, with the advice of the appropriate department head
and the City Attorney, will determine whether the land proposed for dedication is acceptable.
He will be guided by the following consideration:
1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right of
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way, existing and proposed easements, borrow pits, lakes and other manmade or natural
conditions which restrict or impede the intended use of such areas.
2. Unity: The land to be dedicated shall form a single parcel of land except where aforesaid
review determines that two (2) or more parcels would be in the best public interest.
3. Shape: The configuration of the parcel of land is such as to be usable for public facilities
purposes as determined by the City.
4. Location: The land to be dedicated is so located as to seIVe the needs of the development,
by being within the service area and/or public facilities service zone.
5. Access: Appropriate access to the land to be dedicated is provided by improved public
street frontage.
6. Utility: Dedicated land should be usable for public facilities purposes and meet the
following criteria prior to its final acceptance by the City Council:
a. The property is platted and ready to be developed so that no funds would be required to
be expended for site development.
b. All utilities are in place and are at the perimeter of the site and include roads, walks,
curbs, water lines, sewer lines, electric service lines, and telephone service lines.
c. All utilities are of sufficient quality and quantity to adequately service the site.
d. The property is filled and compacted to comply with all appropriate subdivision codes,
building and zoning codes, and flood insurance laws and regulations. The fill and
compaction are of sufficient quality to accept the improvements contemplated.
7. Plans: City, regional and State plans shall be taken into consideration when evaluating land
proposals for dedication.
8. Site Characteristics: The Fee Administrator shall determine, based on specific review of
each application, whether the proposed site contains the requisite site characteristics
consistent with public facilities criteria. This determination shall be in writing and shall specify
the reasons the site was approved or denied credit for inclusion in the land dedication
requirement. The Fee Administrator's determination shall be made within thirty (30) days
from the date of receipt of the request and shall be forwarded to the Council for action. The
Council may affirm, reject or revise the determination of the Fee Administrator providing
written findings offact and conclusions of law.
B. Appeals Process: Appeals of the Fee Administrator's determination of land suitability shall be
made to the City Council by the filing of an appeal with the City Clerk no later than ten (10)
days following the date of the decision of the Fee Administrator. (Ord. 723, 3-1-1996)
10-7-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS:
A. Fund Established: All impact fees will be deposited in a designated "trust fund".
Interest-bearing trust accounts shall be established and maintained by the City, said trust
accounts shall correspond to the area contained in the corporate boundary as the same is
adopted and amended from time to time by action of the City Council.
B. Areas To Correspond: Public facilities planning area (service area) shall correspond to the
corporate boundary and Comprehensive Plan, and the same area adopted as part of capital
improvements plan approved by the City Council, indicating the designated planning areas for
the public facilities needed, including, but not limited to, those associated with parks and
recreation.
C. Costs Of Administration Separated: All impact fees collected by the Fee Administrator will be
promptly deposited into the proper trust account, excepting general administrative charges
which will be directed to the appropriate department to underwrite the cost of administering
this Chapter. (Ord. 723, 3-1-1996)
10-7-12: IMPACT FEE EXPENDITURES:
A. Limited Use: Except as otherwise provided herein, funds from the impact fee trust funds,
including any accrued interest, shall be limited to the financing of acquisition, expansion,
and/or improvement of real property, capital facilities, or for principal and interest payments
(including sinking fund payments) on bonds or other borrowed revenues used to acquire,
expand or improve such facilities or services necessitated by the impact of new development
within the community.
B. First In, First Out: Trust account funds shall be deemed expended in the order in which they
are collected.
c. Fair Distribution Of Funds: In the event that the level of service standards for public facilities
have been met within a particular area of the community, the City Council may authorize the
Mayor or his designee, following a public hearing, to expend the funds in another area of the
community for system improvements of the same category, in a fair and reasonable
proportion to the fees charged. Said authorization shall only be permitted upon a finding that
the expenditure will fairly and proportionately mitigate the impacts of and will fairly and
proportionately benefit the development paying the fees in question.
D. Allowable Adjustments To Expenditures: In the event compliance with the level of service
standard for public facilities meets or exceeds the projected population estimates adopted in
the Comprehensive Plan through the year 2015, the City Council may authorize the Mayor or
his designee, following a public hearing, to expend the additional impact fees collected from
the development in excess of original projections, for system improvements within the
community from which the fees were collected. Said authorization shall be permitted upon a
finding that the expenditure will mitigate the impacts of and will benefit the development
paying the fees in question in a fair and proportionate manner. -
E. Annual Financial Report: A financial report on the impact fee trust funds shall be provided
annually by the Fee Administrator to the Mayor and Council.
F. Protest Process: Any interested citizen may challenge the expenditure of any impact fee funds
within one year of said expenditure by filing a written protest with the City Clerk. The City
Clerk shall set the matter for hearing before the City Council within thirty (30) days of the
filing of such protest. The protesting party shall specifically identify the impact fee
expenditure and the basis of the protest. The City Council shall render a decision regarding
the protest within thirty (30) days after the close of the hearing on the matter. (Ord. 723,
3-1-1996)
10-7-13: PARK AND RECREATION IMPACT FEES:
A. Incorporation Of Standards: This Section addresses the development impact fees collected
for park and recreation selVice improvements. The Comprehensive Plan as adopted by the
City Council together with the land use, acquisition and construction cost and service unit
assumptions upon which said Plan is based are hereby incorporated into this Section by
reference. (Ord. 723, 3-1-1996)
B. Incorporation Of Maps: The maps contained within the Comprehensive Plan are hereby
incorporated into this Section by reference. Copies of said maps may be obtained at the office
of the City Clerk or viewed and obtained at the administrative office of Meridian Planning
And Zoning Department. (Ord. 723, 3-1-1996; amd. 1999 Code)
C. Park Impact Fee; Purpose And Implementation: All residential development is deemed to
create an impact and therefore an increased demand for park and recreation services. As such
the cost for new public park facilities should be borne by new users of park and recreation
facilities to the extent new use requires new facilities. Therefore, any application for a
building permit enabling the construction on or after the effective date hereof: shall be subject
to the imposition of park and recreation impact fees in the manner and amount set forth in
this Section.
D. Payment Of Park Impact Fee: Prior to receiving a building permit or commencing
construction of any building for which park impact fees are to be paid pursuant to this
Chapter, whichever first occurs, the applicant therefore, must demonstrate that the
appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or
the Public Warks Department Director shall have the authority to withhold a building permit
or stop construction, as the case may be, until the appropriate impact fee has been collected.
E. Methodology: The methodology adopted for the purpose of determining park and recreation
impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new
neighborhood and community park facilities are needed in Meridian to seIVe growth. Said
assumptions, based upon the "existing and future facilities approach", set the existing
standard for park needs as set forth in the following table:
Park Description
Neighborhood parks
Existing Standard
0.28 Ac/l,OOO population based upon the existing
situation of one 5-acre neighborhood park per 18,000
population.
Community parks
situation
1.67 Ac/l,OOO population based upon the existing
of two (2) IS-acre community parks per 18,000
population.
Parkland Acquisition
One acre ( developable)
Parkland Improvements
Develop one acre
Total service cost per acre
Cost Per Person Calculations:
Existing Cost (October 1~ 1994)
$25,000.00
Existing Cost (October l~ 1994)
$70,000.00
$95,000.00
$95,000.00 (existing value of one acre of developed parkland) times 0.28 (existing
neighborhood park standard) divided by 1,000 population = $26.60 ($95,000.00 x 0.28 -7
1,000 = $26.60)
$95,000.00 (existing value of one acre of developed parkland) times 1.67 (existing
community park standard) divided by 1,000 population = $158.65 ($95,000.00 x 1.67 7
1,000 = $158.65)
Additionally the Comprehensive Plan and demographic data provided by the Ada Planning
Association during preparation of the Comprehensive Plan assumes the following average
numbers of people per dwelling unit:
Single-family residential
Multi - family residential
2.6 persons per dwelling unit
2~ 0 persons per dwelling unit
F. Development Impact Fee Schedule For Meridian Parks: Pursuant to the assumptions in the
Meridian Comprehensive Plan and demographic data provided by Ada Planning Association,
development impact fees for parks are set forth in the following table:
Park Impact Fee Single-F amily Multi-Family
Description $/Person $lResidence $lResidence
Neighborhood parks $ 26.60 $ 69.16 $ 53.20
Community parks 158.65 412.49 317.30
Total $185.25 $481.65 $370.50
(Example: $26.60 x 2.6 persons per average single-family dwelling unit == $69.16)
G. Individual Project Assessment: An individual project assessment of park impact fees is
permitted in situations where the fee payer can demonstrate by clear and convincing evidence
that the established impact fee is inappropriate.
1. Written application for individual project assessment shall be made to the Fee
Administrator prior to receiving building permits or other necessary approvals. Late
applications for an individual project assessment of park impact fees may be considered for a
period of sixty (60) days after the receipt of the building permit only if the fee payer makes a
showing that the facts supporting such application were not known or discoverable prior to
receipt of the building permit and that undue hardship would result if said application is not
considered.
2. The Fee Administrator shall render a written decision regarding the individual project
assessment of park impact fees within thirty (30) days of the date a complete application is
submitted. The decision of the Fee Administrator shall establish the park impact fee for the
project in question for a period of one year from the date said decision becomes final. The
decision of the Fee Administrator shall be forwarded to the Council for action. The Council
may accept, reject or revise the Fee Administrator's decision regarding individual project
assessment and shall provide written findings offact and conclusions of law.
3. Appeals of the Fee Administrator's determination of individual project assessment shall be
made to the City Council by the filing of an appeal with the City Clerk no later than ten (10)
days following the date of the decision of the Fee Administrator,
H. Certification: Certification of the park impact fee schedule for a particular project may be
applied for in the following manner:
1. Written application may be made to the Fee Administrator not later than sixty (60) days
after preliminary plat approval by the City Council. Late applications for certification of the
park impact fee schedule will not be considered unless the fee payer makes a showing that the
facts supporting such application were not known or discoverable until after the time had run
and that undue hardship would result if said application is not considered.
2. The Fee Administrator shall provide the applicant with a written park impact fee schedule
for the particular project within thirty (30) days of the date of application. The certified
schedule provided by the Fee Administrator shall be based upon the Comprehensive Plan and
shall establish the park impact fee for the project in question for a period of one year from the
date of certification.
3. The certification of the park impact fee schedule may be appealed to the City Council as
provided in Section 10-7-16 of this Chapter. (Ord. 723, 3-1-1996)
10-7-14: ADMINISTRATIVE COSTS:
The City shall add a ten percent (10%) administrative charge to the impact fees to administer this
Chapter. The ten percent (10%) administrative fee will be added to the subtotal of all applicable
impact fees required by this Chapter. (Ord. 723, 3-1-1996)
10-7-15: SUMMARY OF IMPACT FEES:
Cost Single-Family Multi-Family
Description $/Person $/Residence $/Residence
Park $ 185.25 $481.65 $370.50
10% administrative fee 18.53 48.17 37.05
Grand Total $203.78 $529.82 $407.55
(Ord. 723, 3-1-1996)
10-7-16: APPEALS OF ADMINISTRATIVE DECISIONS:
Except as othetwise provided in this Chapter, the decisions of the Fee Administrator may be
appealed by the fee payer to the City Council. Decisions of the City Council shall be final.
A. Appeal Process: If a fee payer wishes to appeal, the fee payer shall first file with the City
Clerk, a notice of administrative appeal on the form provided by the Fee Administrator. All
appeals shall be filed within thirty (30) days after the earlier of: 1) issuance of a written
decision by the Fee Administrator; or 2) the Fee Administrator's acceptance of payment of
the development impact fee. When filing an appeal, the fee payer shall submit a letter
providing a full explanation of the request, the reason for the appeal, as well as all supporting
documentation. A fee payer may pay a development impact fee under protest in order to
obtain a development approval or building permit and shall not be estopped from exercising
the right of appeal provided herein, nor shall such fee payer be estopped from receiving a
refund of any amount deemed to have been illegally collected.
B. Council Decision; Notification: The City Clerk shall schedule the appeal before the City
Council as soon as practical. The City Council may affirm, reject or revise the decision of the
Fee Administrator, providing written findings offact and conclusions of law. The written
decision of the City Council shall be mailed to the fee payer, certified mail, return receipt
requested.
C. Judicial Review Available: A party aggrieved by the decision of the City Council may, within
twenty eight (28) days of the City Council's decision, seek judicial review by filing a petition
in the District Court in the manner provided by Idaho Code title 67, chapter 52. (Ord. 723,
3-1-1996)
10-7-17: VESTED RIGHTS:
Nothing in this Chapter shall limit or modify the rights of any person to complete any construction
for which a lawful building permit was issued prior to the effective date hereof and on which there
has been a good faith reliance and a substantial change of position. (Ord. 723, 3-1-1996)
10-7-18: OTHER POWERS AND RIGHTS NOT AFFECTED:
A. Reasonable Requirements: Nothing in this Chapter shall prevent the City from requiring a
developer to construct reasonable project improvements in conjunction with a development
project.
B. Adjustments To Requirements: Nothing in this Chapter shall be construed to prevent or
prohibit private agreements between property owners or developers and the City in regard to
the construction or installation of system improvements or providing for credits or
reimbursements for system improvement costs incurred by a developer including inter-project
transfers of credits or providing for reimbursement for project improvements which are used
or shared by more than one development project.
C. Approval Rests With City: Nothing in this Chapter shall obligate the City to approve
development which results in extraordinary impact.
D. Minimum Standards Maintained: Nothing in this Chapter shall obligate the City to approve
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any development request which may reasonably be expected to reduce levels of service below
minimum acceptable levels as established herein.
E. Orderly Development: Nothing in this Chapter shall be construed to create any additional
right to develop real property or diminish the power of the City in regulating the orderly
development of real property within the service area.
F. City Rights Protected: Nothing in this Chapter shall work to limit the use by the City of the
power of eminent domain or supersede or conflict with requirements or procedures
authorized in the Idaho Code for local improvement districts or general obligation bond
issues. (Ord. 723, 3-1-1996)
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10-7-1: SHORT TITLE, APPLICABILITY AND PURPOSE:
A. Short Title: This Chapter shall be known and may be cited as the CITY OF MERIDIAN
IlvfPACT FEE ORDINANCE.
B. Applicability: This Chapter shall apply to the development of property located within the
boundaries of the City as well as "service areas" identified in the City of Meridian/Ada
County area of impact agreement as the same is amended from time to time.
c. Purpose: The City Council finds that an equitable program for planning and financing public
facilities needed to serve new growth and development is necessary in order to promote and
accommodate orderly growth and development and to protect the public health, safety and
general welfare of the citizens of the City. It is the intent by enacting this Chapter to:
1. Ensure that adequate facilities are available to serve new growth and development;
2. Promote orderly growth and development by establishing unifonn standards by which the
City may require that those who benefit from new growth and development pay a
proportionate share of the cost of new public facilities needed to serve new growth and
development.
3. Ensure that those who benefit from new growth and development are required to pay no
more than their proportionate share of the cost of public facilities needed to serve new
growth and development and to prevent duplicate and ad hoc development requirements;
4. Collect and expend development impact fees pursuant to the enabling powers granted by
the provisions of the Idaho Development Impact Fee Act34;
5. Provide the legal and procedural basis for the implementation of development impact fees
within the area of City impact; and
6. Ensure that any capital improvement funded wholly or in part with impact fee revenue shall
first be included in an approved capital improvements plan that lists the capital improvements
that may be funded with impact fee revenues as well as the estimated costs and timing for
each improvement.
D. Chapter To Be Amended: It is intended that this Chapter will be amended as capital
improvements plans are approved and adopted as part of the Comprehensive Plan, pursuant
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c. "Either... or" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination. (Ord. 723, 3-1-1996)
10-7-3: DEFINITIONS:
For the purpose of this Chapter, the following terms, phrases and words shall have the meaning
given herein.
APPLICANT: Person who applies for a building permit or is othenvise subject to the provisions
of this Chapter.
APPROPRIATE: To legally obligate by contract or othenvise commit to use by appropriation or
other official act of the City.
B~DER: Person who applies for a building permit or is othenvise subject to the provisions of
this Chapter.
B~DING: Any structure having a roof entirely separated from any other structure by space or
by walls in which there are no communicating doors or windows or any similar opening and
erected for the purpose of providing support or shelter for persons, animals, things or property of
any kind.
B~DING PERMIT: An official document or certificate by that name issued by the Meridian
Public Works Department, authorizing the construction or siting of any building.
CAPITAL IMPROVEMENTS: Improvements with a useful life often (10) years or more, by new
construction or other action, which increase the service capacity of a public facility or service.
CAPITAL IMPROVEMENTS PLAN: A plan adopted and amended pursuant to the provisions of
the Development Impact Fee Act, Idaho Code section 67-8208 which identifies capital
improvements for which development impact fees may be used as a funding source.
CITY COUNCIL: The City Council of the City of Meridian, Idaho.
CITY PARK SYSTEM: Includes all park and recreation facilities operated by the City.
C01\1MUNITY PARK: A park planned primarily to provide active and structured recreation
activities for young people and adults. In general, community park facilities are designed for
organized activities and sports, although individual and family activities are also encouraged.
Community parks can also provide indoor facilities to meet a wider range of recreation interests.
Where there are no neighborhood parks, the community park can also serve this function.
In comparison to neighborhood parks, community parks serve a much larger area and offer
more facilities. Their service area is roughly a one to two (2) mile radius, and will support a
population of approximately seven thousand five hundred (7,500) to fifteen thousand
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DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other
governmental action approving or authorizing a particular development project including, but not
limited to, a rezoning which requirement compels the payment, dedication or contribution of
goods, services, land, or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged, designed
or used as living and/or sleeping quarters for one or more persons. "Dwelling unit" includes
"mobile home".
EXISTING DEVELOPMENT: The lawful land use which physically exists or for which the
landowner holds a valid building permit as of the effective date hereof or that maximum level of
development activity for which a previous impact fee was paid under the provisions of this
Chapter. As used in this Chapter, the term "lawful land use" shall not include a land use which has
been established or maintained in violation of this Chapter or applicable codes.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: a)
result in the need for system improvements, the cost of which will significantly exceed the sum of
the development impact fees to be generated from the project or the sum agreed to be paid
pursuant to a development agreement as allowed by Idaho Code section 67-8214(2), or b) result
in the need for system improvements which are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The official or designee appointed by the Mayor with City Council
approval, to administer this Chapter.
FEE PAYER: A person intending to commence a proposed development for which an impact fee
computation is required, or a person who has paid an impact fee, provided a letter of credit, or
made a contribution in-lieu-of-fee pursuant to this Chapter.
IMP ACT: The effect on the local public facilities and services in a given area produced by the
additional population attracted by development.
INDIVIDUAL PROJECT ASSESS:MENT: An assessment of a particular project based upon an
agreement between a fee payer and the City whereby clear and convincing evidence has
established that the impact fee requires adjustment.
LAND USE ASSUNIPTIONS: A description of the service area and projections of land uses,
densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service
demand for public facilities.
MANUF ACTURED HO:ME: A structure, constructed according to HUD/FHA mobile home
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PRESENT VALUE: The total current monetary value of past, present, or future payments,
contributions or dedications of goods, services, materials construction or money.
PROJECT: A particular development on an identifiable parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to
provide for a particular development project and that are necessary for the use and convenience of
the occupants or users of the projecta
PROPORTIONATE SHARE: That portion of the cost of system improvements determined
pursuant to Idaho Code section 67-8207, which reasonably relates to the service demands and
needs of the project.
PUBLIC FACILITIES: Shall include:
A. Wastewater collection, treatment and disposal facilities;
B. Storm water collection, retention, detention, treatment and disposal facilities, flood control
facilities, and bank and shore protection and enhancement improvements;
C. Landscaping associated with roads, streets and bridges and rights of way associated
therewith;
D. Parks, open space and recreation areas, and related capital improvements; and
E.. Public safety facilities, including law enforcement, fire, emergency medical and rescue and
street lighting facilities.
PUBLIC FACILITIES PLANNING AREA: A designated area identified in the Comprehensive
Plan and capital facilities plan for which public facilities needs have been determined based upon
assumptions made in accordance with generally accepted planning and engineering standards.
SERVICE AREA: Any defined geographic area identified by the City in the Comprehensive Plan
or by intergovernmental agreement between the City and another governmental entity, in which
specific facilities provide service to development within the area defined, on the basis of sound
planning or engineering principles or botha
SERVICE UNIT: A standardized measure of consumption, use, generation, discharge or need
attributable to an individual unit of development calculated in accordance with generally accepted
municipal, engineering or planning standards for a particular category of capital improvements.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of
system or service improvements, including design, acquisition, engineering and other costs
attributable thereto, and also including, without limitation, the type of costs described in Idaho
Code section 50-1702(h), to provide additional public facilities or services needed to serve new
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or adopting any methodology by which impact fees are calculated, will be exempt from that
portion of this Chapter or amendment enacted after the application, if a complete building
permit is issued within one hundred twenty (120) days of the effective date of this Chapter or
amendment. A "complete application" for a building permit shall be defined as including
permitted plans signed and sealed by a State licensed engineer or architect showing all site
work, zoning compliance, architectural, structural, electrical, and plumbing work.
Applications for building permits filed prior to the effective date of this Chapter or
amendment but which become null and void shall be subject to the provisions of this Chapter
in the event of reapplication. In the event that an amendment to this Chapter involves a
change in the amount of impact fees charged for a particular category of public facility or
services, the fee payer shall pay the lesser impact fee amount.
2. For building permits which expire or are revoked after the effective date hereof the fee
payer shall be entitled to a refund of previously paid impact fees (see Section 1 0- 7-7 of this
Chapter) provided that in the case of a reapplication for permit, the impact fee in effect at
that time shall be paid.
B. Prior Fee Payment Required: All fee payments shall be made to the Fee Administrator prior
to the issuance of a building permit unless otherwise agreed to in writing by the City and the
developer; and no building shall commence nor shall a building permit be issued unless and
until the applicant has satisfied the provisions of this Chapter. Violations of this provision
shall be subject to the sanctions set forth in subsection IO-7-5E of this Chapter.
C. Duplicate Charges: This Chapter shall not be construed to subject any development to double
payment of the same impact fees.
D. Benefits Not Exclusive: A development impact fee shall not be deemed invalid because the
intended improvement for which the fee was paid may result in an incidental benefit to
owners or developers within a service area other than the persons paying the fee.
E. Additional Requirements: Compliance with this Chapter shall not excuse the applicant from
compliance with all other governmental development regulations. Building and/or use permits
may be withheld until all such requirements are met.
F. Anticipated Excessive Impact; Options: The Council recognizes that there may be
circumstances where the anticipated fiscal impacts of a proposed development are of such
magnitude that the City may be unable to accommodate the development without excessive
or unscheduled public expenditures which exceed the amount of the anticipated impact fees
from such development. If the Council determines that a proposed development activity
would create such an extraordinary impact on the City's public facilities and services syste~
the Council may refuse to approve the proposed development activity and/or may
recommend to the other affected government agencies that the project not be approved. In
the alternative, the Council may calculate a pro rata share per service unit of the
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the form of user fees, debt service payments, or taxes which are dedicated for system
improvements for which development impact fees would otherwise be imposed;
3. All other available sources of funding such system improvements.
C. Additional Factors: In determining the "proportionate share" of the cost of system
improvements to be paid by the developer, the following additional factors shall be'
considered:
1. The cost of existing system improvements within the service area or areas impacted by the
new development;
2. The means by which existing system improvements have been financed;
3. The extent to which the new development will contribute to the cost of system
improvements through taxation, assessments, or developer or landowner contributions;
4. The extent to which the new development is required to contribute to the cost of existing
system improvements in the future;
5. The extent to which the new development should be credited for providing system
improvements, without charge to other properties within the service area or areas impacted
by the new development;
6. Extraordinary costs, if any, incurred in serving the new development;
7. The time and price differential inherent in a fair comparison of fees paid at different times;
and
8. The availability of other sources offunding system improvements including, but not limite~
to, user charges, general tax levies, intergovernmental transfers, and special taxation as set
forth more specifically in the Comprehensive Plan as required by Idaho Code section
67 -8207(2)(h).
D. Protection Against Increasing Fees: After payment of development impact fees to the Fee
Administrator or the execution of an agreement for payment of development impact fees,
additional impact fees or increases in fees may not be assessed unless the number of service
units increases or the scope or schedule of the development changes. In the event of an
increase in the number of service units or schedule of the development changes, the additional
development impact fees to be imposed are limited to the amount attributable to the
additional service units or change in scope of the development.
E. Method Of Collection: To ensure collection of development impact fees, the Fee
Administrator may use the following means and methods:
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the City Council shall be final.
C. Permit Fee Increased; No Refund: In the case of development activity involving a change of
use and/or magnitude of use in which a building permit is required, the applicant shall be
required to pay the computed impact fee for any proposed development activity for which the
impact fee has not been previously paid. When any building permit expires or is revoked after
the effective date hereof and a fee has not previously been paid under this Chapter, the
applicant shall be required to comply with the provisions herein. No refunds will be given for
proposed development activity resulting in a negative fee calculation.
D. Exemption To Fee: No impact fee payment shall be required for any development activity
when the total calculated fee is less than five dollars ($5.00);
E. Fee Administrator Determination: If the type of dwelling unit within a proposed or current
development is not specified in the impact fee schedule, the Fee Administrator shall use the
dwelling unit most nearly comparable in computing the fee. This determination shall be made
at the discretion of the Fee Administrator, with appeal to the City Council if the applicant
disagrees with the Fee Administrator's determination.
F. Criteria For Determination: In determining existing development activity and the units of
proposed or existing development, the Fee Administrator shall use the building permit or
zoning certificate of use information contained in the building or zoning records of the City.
G. Manufactured Homes; Possible Exemption: A development impact fee will be assessed for
installation of a modular building, manufactured home or mobile home unless the fee payer
can-.demonstrate by documentation such as utility bills and tax records either:
1. That a modular building, manufactured home or mobile home was legally in place on the
lot or space prior to the effective date hereof; or
2. That a development impact fee has been paid previously for the installation of a modular
building, manufactured home or mobile home on that same lot or space. (Ord. 723,
3-1-1996)
10-7-7: REFUND OF IMPACT FEES PAID:
A. Qualification: The fee payer or current owner shall be entitled to a refund of the impact fee if:
1) a building permit encompassing fee paying development expires or is revoked, or 2) if the
public facility for which the fee was paid is available but never provided, or 3) the City, after
collecting the fee when the public facility for which the fee was paid is not available, has
failed to appropriate and expend the collected development impact fees within ten (10) years
on a first in, first-out (FIFO) basis, except that the City shall retain the general administrative
or specified administrative charge portion of the fee to cover the cost of the administration of
B. Claimed At Time Of Application: An exemption must be claimed by the fee payer upon
application for a building permit. Any exemption not so claimed shall be deemed waived by
the fee payer. All requests shall be submitted to and determined by the Fee Administrator.
Appeals of the Fee Administrator's determination shall be made under the provisions of
Section 10-7-16 of this Chapter. (Ord. 723,3-1-1996)
10-7-9: CREDITS:
A. Based On Present Value: In the calculation of impact fees for a particular project, credit shall
only be given for the present value of any construction of system improvements or
contribution or dedication of land or an interest in land or money required by the City from a
developer for system improvements. Credit shall not be given for project improvements.
B~ Duplication Of Fees: A developer who is required to construct, fund or contribute system
improvements in excess of the impact fees which would otherwise have been paid by the
development project, shall be reimbursed for such excess construction, funding or
contribution from analogous impact fees paid by future development located in the service
area which is benefitted by such improvements.
C. Disposition Of Excess Funds: If credit or reimbursement is due to the developer pursuant to
this Section, the City and the developer shall enter into a written agreement, negotiated in
good faith, prior to the construction funding or contribution. The agreement shall provide for
the amount of credit or the amount, time and form of reimbursement.
D~ Documentation; Determination; Appeal: Any person requesting such credit or reimbursement
shaIi present documentation of costs or payments for facilities to be considered by the Fee
Administrator for use in determining the amount of credit or reimbursement to be given. The
determination shall be made no more than thirty (30) days after complete documentation is
submitted to the Fee Administrator. Any appeal from such a decision by the Fee
Administrator will be reviewed by the City Council pursuant to the procedures set forth in
Section 10-7-16 of this Chapter~ (Ord. 723, 3-1-1996)
10-7-10: SUITABILITY OF LAND OFFERED FOR DEDICATION:
In the event that a developer intends to contribute or dedicate an interest in land in lieu of paying
impact fees or a portion thereof: the following procedures and criteria shall be applied:
A. Qualifying Land: The Fee Administrator, with the advice of the appropriate department head
and the City Attorney, will determine whether the land proposed for dedication is acceptable.
He will be guided by the following consideration:
1. Size: The size of the parcel is expressed as a net amount and is exclusive of street right of
days following the date of the decision of the Fee Administrator. (Ord. 723) 3-1-1996)
10-7-11: IMPACT FEE SERVICE AREAS AND TRUST ACCOUNTS:
A. Fund Established: All impact fees will be deposited in a designated "trust fund".
Interest-bearing trust accounts shall be established and maintained by the City, said trust
accounts shall correspond to the area contained in the corporate boundary as the same is
adopted and amended from time to time by action of the City Council.
B. Areas To Correspond: Public facilities planning area (service area) shall correspond to the
corporate boundary and Comprehensive Plan, and the same area adopted as part of capital
improvements plan approved by the City Council, indicating the designated planning areas for
the public facilities needed, including) but not limited to, those associated with parks and
recreation.
C. Costs Of Administration Separated: All impact fees collected by the Fee Administrator will be
promptly deposited into the proper trust account) excepting general administrative charges
which will be directed to the appropriate department to underwrite the cost of administering
this Chapter. (Ord. 723, 3-1-1996)
10-7-12: IMPACT FEE EXPENDITURES:
A. Limited Use: Except as otherwise provided herein, funds from the impact fee trust funds,
including any accrued interest) shall be limited to the financing of acquisition, expansion,
and/or improvement of real property, capital facilities, or for principal and interest payments
(including sinking fund payments) on bonds or other borrowed revenues used to acquire,
expand or improve such facilities or services necessitated by the impact of new development
within the community.
B. First In, First Out: Trust account funds shall be deemed expended in the order in which they
are collected.
c. Fair Distribution Of Funds: In the event that the level of service standards for public facilities
have been met within a particular area of the community, the City Council may authorize the
Mayor or his designee, following a public hearing, to expend the funds in another area of the
community for system improvements of the same category, in a fair and reasonable
proportion to the fees charged. Said authorization shall only be permitted upon a finding that
the expenditure will fairly and proportionately mitigate the impacts of and will fairly and
proportionately benefit the development paying the fees in question.
D. Allowable Adjustments To Expenditures: In the event compliance with the level of service
standard for public facilities meets or exceeds the projected population estimates adopted in
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appropriate impact fee has been paid to the Fee Administrator. The Fee Administrator and/or
the Public Works Department Director shall have the authority to withhold a building permit
or stop construction, as the case may be, until the appropriate impact fee has been collected.
E. Methodology: The methodology adopted for the purpose of determining park and recreation
impact fees shall be based upon the assumptions set forth in the Comprehensive Plan that new
neighborhood and community park facilities are needed in Meridian to serve growth. Said
assumptions, based upon the "existing and future facilities approach", set the existing
standard for park needs as set forth in the following table:
Park Description
Existing Standard
0.28 Ac/1,OOO population based upon the existing
situation of one 5-acre neighborhood park per 18,000
Neighborhood parks
population.
Community parks
situation
1.67 Ac/1,OOO population based upon the existing
of two (2) IS-acre community parks per 18,000
population.
Parkland Acquisition
Existing Cost (October 1~ 1994)
$25,000.00
Existing Cost (October I. 1994)
$70,000.00
$95,000.00
One acre ( developable)
Parkland Improvements
Develop one acre
Total service cost per acre
Cost Per Person Calculations:
$95,000.00 (existing value of one acre of developed parkland) times 0.28 (existing
neighborhood park standard) divided by 1,000 population = $26.60 ($95,000.00 x 0.28 -7
1,000 = $26.60)
$95,000.00 (existing value of one acre of developed parkland) times 1.67 (existing
community park standard) divided by 1,000 population = $158.65 ($95,000.00 x 1.67-7
1,000 = $158.65)
Additionally the Comprehensive Plan and demographic data provided by the Ada Planning
Association during preparation of the Comprehensive Plan assumes the following average
numbers of people per dwelling unit:
applied for in the following manner:
1. Written application may be made to the Fee Administrator not later than sixty (60) days
after preliminary plat approval by the City Council. Late applications for certification of the
park impact fee schedule will not be considered unless the fee payer makes a showing that the
facts supporting such application were not known or discoverable until after the time had run
and that undue hardship would result if said application is not considered.
2. The Fee Administrator shall provide the applicant with a written park impact fee schedule
for the particular project within thirty (30) days of the date of application. The certified
schedule provided by the Fee Administrator shall be based upon ~he Comprehensive Plan and
shall establish the park impact fee for the project in question for a period of one year from the
date of certification. .
3. The certification of the park impact fee schedule may be appealed to the City Council as
provided in Section 10-7-16 of this Chapter. (Ord. 723,3-1-1996)
10-7-14: ADMINISTRATIVE COSTS:
The City shall add a ten percent (1 0%) administrative charge to the impact fees to administer this
Chapter. The ten percent (10%) administrative fee will be added to the subtotal of all applicable
impact fees required by this Chapter. (Ord. 723, 3-1-1996)
10-7-15: SUMMARY OF IMPACT FEES:
Cost Single-F amily Multi-Family
Description $/Person $/Residence $/Residence
Park $ 185.25 $481.65 $370.50
1 0% administrative fee 18.53 48. 17 37.05
Grand Total $203.78 $529.82 $407.55
(Ord. 723, 3-1-1996)
10-7-16: APPEALS OF ADMINISTRATIVE DECISIONS:
Except as otherwise provided in this Chapter, the decisions of the Fee Administrator may be
appealed by the fee payer to the City Council. Decisions of the City Council shall be final.
A. Appeal Process: If a fee payer wishes to appeal, the fee payer shall first file with the City
Clerk, a notice of administrative appeal on the form provided by the Fee Administrator. All
appeals shall be filed within thirty (30) days after the earlier of: 1) issuance of a written
any development request which may reasonably be expected to reduce levels of service below
minimum acceptable levels as established herein.
E. Orderly Development: Nothing in this Chapter shall be construed to create any additional
right to develop real property or diminish the power of the City in regulating the orderly
development of real property within the service area.
F. City Rights Protected: Nothing in this Chapter shall work to limit the use by the City of the
power of eminent domain or supersede or conflict with requirements or procedures
authorized in the Idaho Code for local improvement districts or general obligation bond
issues. (Ord. 723, 3-1-1996)
June 14, 2002
MERIDIAN CITY COUNCIL MEETING
June 18, 2002
APPLICANT Parks Department ITEM NO. ;3 - h1
REQUEST Approve Contract with W & H Pacific to survey the Borup Property (29 acres on
West Cherry Lane)
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
vfffO ~
mf r -
OTHER:
See Attached Memo from Parks Director Tom Kuntz
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Memo
To:
From:
Date:
Re:
Mayor Corrie I City Council
Tom Kuntz ~
June 13, 2002
Consent Agenda Items
RECEIVED
JUN 1 3 2002
"CITY OF MERIDIAN
c-/ITY CLERK OFFICE
The Parks Staff is requesting two items under the consent agenda for your June 18,
2002 meeting, which are listed below.
1. We finally received approval from our Public Works Department on the sewer
line design at Settlers Park. As a result we are asking for approval of a
Change Order with American Paving to install the sewer line at a cost of
$55,305.00. (Change Order Attached)
jf
2. We are requesting an approval of a contract with WH Pacific to provide
survey and legal descriptions of the 29 acres on Cherry Lane we are
purchasing. The contract is for $5,940.00 and includes a boundary survey
and legal descriptions of all three parcels in the order in which we are
planning to purchasea The seller has agreed to pay for half or approximately
three thousand ($3,000.00) of the cost. (Short Form Contract Attached)
Page 1
Jun-12-02
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. PACIFIC
....., &:<.....,,..c. "'Vt..,,&U'~~' ... "'KJJ~' ...VI UI::oI ,....."'c. (
SHORT FORM CONTRACT
Date:
Client Name:
Address:
6/1 1/2002
Meridian Parks & Recreation
II w. Bower St.
Meridian, Id 83642
Project Name:
Project No.:
Contact:
Phone:
Fax:
6, 12, & 1 I acre parcels 9-3N-] W
N/A
'f om Kuntz
208-888-3579
208-898-5501
Services to be Performed:
additional details.
Boundary survey for 3 parcels in Section 9, T3N, RIW, B.M. See attached for
Requested by: Tom Kuntz, Meridian Parks and Recreation Director
Schedule: TBD
Compensation: Client agrees to pay W&H Pacific~ Inc. for the above Services as follows:
LI A lump Sum price of$ 0 Plus reimbursable expenses as set forth in the attached Reimbursable Schedule_
See attached for options - TBD
o i\n hourly labor rate plus reimbursable expenses per the attached WI~IP Standard fee Schedule.
Estimated price: $
o An hourly rare per the attached charge rate schedule.
Estimated price: $
LI An hourly rate plus reimbursable expenses per the aaached charge rate schedule.
Estimated price: $
Note; Actual [mal price may vary from any estimated price shown.
WHP"s Standard Contract Provisions are also incorporated herein. By its signature below, Client: t) acknowledges receipt and
approval of such Standard Contract Provisions1 including the Limitation of Liability provisions incJuded therein, and 2) authorizes
WHP to proceed with the Services.
W&H PACIFIC, INC.
[CLIENT NAME]
By:
Print
Name:
Dave Short
By:
Print Tom Kuntz
Name:
Title:
Director of Land Surveyin~
Title; Parks & Recreation Director
Date:
June 11 ~ 2002
Date:
EJ'l{Oneerina . L~d.;~ape Architecture . ~nvir()nment<ll Services
Planning. Surveying and Mapping
C:\_D~~WO~DOOc.sO"fr.1Q Doc\&rllCDU\N~ C~Qlll)C1 ~\Chtld:l . Slhlrt FUflIr.,fllc
Rev. 23..Feb-O 1
Washington . Oregon . Idaho
Jun-12-02
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(
(
BOUNDAR.Y SURVEY ESTTh1ATE
fo"
MERIDIAN PARKS DEP ARTMEl'IT
in
Section 97 Township 3 North~ Range 1 West, H.M.
June II, 2001
SCOPE
RESEARCH
1) Acquire assessor's maps that pertain [0 the propeny and surrounding areas.
2) Research public survey records pertaining IO propeny, including record of surveys, panirions, subdivision,
property line adjusancDts, state, county and city right-of-way maps, nearest subdivision or GLO comer or
geodetic control.
3) Research available title r~cords as necessary to identify conflicrs, if any, of the vninen title of boundary
lines with adjoining property.
4) Review decd and sW'Vey records jn order to determine which mOI1umentation are of primary significance in
resolving the property boundary. Compile this data together to facilitate reconnaissance ofmonumentation
in the field. If conditions apply, precalculate the location of monumentarion to expedite 8 monument field
search.
FTELDSURVEY
1) Perform field reconnaissance fO recover monwnentation of record necessary to resolve the property
boundary as indicated in written records. If necessary monumenration is not recoverable, the scope may
need to be revised to include work beyond the originally anticipated sW"Vey area. Apparent encroachments
along boundary lines indicared in record docwncnts will be noted.
2) Plan, layout and perform a field traverse to establish site control for locaring pertinent strUctures and
monuments will be performed. Locate monumentalion and encroachment features by radial mcasurcmeD.E
method.
3) Tie control traverse to a section corner, one-quarter comer, one-sixteenth comer, a Donation Land Claim
comer, a lot 01" parcel comer, or a boundary corner of a subdivision plat, partition plat, or condominium plat
as required by Idaho Code, Title 55, Chapter 19.
OFFICE
1) ProcesS raw field dam to ascertain coordinates on monuments> encroachments and traverse points.
Jun-1Z-0Z
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From-W&H Pactic Boise, 10 83705
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2) Rotate and translate, as DeCegsary~ to desired basis of bearings.
3) Resolve public rights-of-way entitlemenlS.
4) Review deeds for overlaps) gaps and inconsistencies.
5) Perform a boundary resolution ofrhe property as indicated in wriuen title document.c:.
6) Coordinate Vlith client regarding any areas of conflict between lines of occupancy and lines of written title.
Additional services may be required to resolve confliCts, if any should occur, such as a quitclaim deed,
boundary line agreement7 quiet title action, or a propeny line adjustment.
7) Set monuments at the comCIS of this property as required by Idaho Code, Title 55, Chapter 19.
8) Prepare a record of survey :map delineating the property boundary as indicated in wrinL"'D. title records and
document factors relevant (0 the resolution of thi~ boundary as required by Idaho Code, Title 55, Chapter
19 and slWldards of the county surveyor's office.
9) Compile a narrative indicating the premises tOT resolving this property boundary and identify reference
materials appuI1en&nt to this resolution. Insert this narrative into the record of survey mapping or provide
on a separate document fOT recording with the record of survey.
10) Provide a blueJine of the final record of survey mapping with surveyor"s stamp and signature to the county
swveyor's office for review. Filing fee shaH be required with this submittal.
II) Perform appropriate edits of the record of survey as requested by the county surveyor's office.
12) Compile an archival map of record of survey with surveyort s stamp and original sigoamre as required by
Idaho Code1 Title 55, Chapter 19 and the county surveyor's office requirements. File map with the COWlty
surveyor's office.
13) Provide client with n blueline copy of this record of survey.
ASSUlvIPTIONS
1) A title report of the propeny is to be provid~d by the title company at the client's request.
2) Client will be responsible for all fees due.
file:n: \cOlnpany\survcy\proccss\ros~copC' .doc
2
Jun-1Z-02
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(
JvfERIDIAN PARKS DEPARTMENT
Section 9~ Township 3 Nonh.. Range 1 West, B.M.
June 11, 200]
ESTIMATE FOR 6y 12, AND 11 ACRE PARCELS AT ONCE
Labor:
P.L.S. Itesearch.
Reduce field work..
Calculate boundary.
Review and edit Record of Survey and Corner Records.
12 Hrs. @ $100.001Hr. = $1,200.00
Field Crew - Tie conrroUing land comers.
Locat~ existing boundary evidence and occupation.
Set all boundary pins and line stakes where necessary.
32 Hrs. @ $10Z.00/Hr. = $3,264.00
Office Tech. .. Draft Record of Survey and Corner Records.
Amend Record of Survey and Comer Records.
Record R~cord of Survey and Comer Records.
12 fIrs. @ S62.00IHr. = $ 744.00
Subtotal
= $5.208.00
~mQur!\ah]es:
GPS 2 Receivers/radio for RTl<..
16 Hrs. @ $30.00/Hr. = $ 480_00
12 Hrs. @ $5. OO/Hr. = $ 72.00
Technology Pins, hubs, stakes, lathe7 myJars, CADD, computers
Charge
Truck Charge Total Starion, mileage., maintenance4
$45. o OlD ay $ 180.00
Subtotal
$ 732.00
Boundary Survey_Estimate Total
$5940.00
6
Jun-12-02
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(
MERIDIAN PARKS DEP ART1v1ENT
Secrion 9~ Town~hip 3 No~ Range 1 West, B.M.
June 1 t ~ 2001
ESTIMATE - FOR INITIAL 6 ACRE PARCEL
Labor:
P.L.S. - Research.
Reduce field work.
Calculate boun.daJ"y.
Review and edit Record of Survey and Comer Records.
8 Hrs. @ S100.00IHr. = $ 800.00
Field Crew - Tie controlling hmd comers.
Locate existing boundary evidalce and occupation.
Set all bOundary pins and line Slakes where necessary.
24 Hrs. @ $102.00/l-lr. = $2,448~OO
Office Tech4 - Draft Record of Survey and Comer Records.
Amend Record of Survey and Comer Records.
Record Record of Surv~y and Comer Records.
8 Hrs. @ $62.00JrIr. ~ $ 496.00
Subtotal = $3.744.00
Reimbursablcs:
GPS 2 Receivers/radio fOf R TK. 8 HIs. @ $30.00II-Ir. = $ 240.00
Technology Pins:r hubs, stakes, lame, mylars, CADD, computers 8 HIs. @ $5_001Hr. = $ 40.00
Charge
Truck Charge T oral Station., mileage, maintenance. $45.00/Day $ ) 35.00
Subtotal $ 415.00
B~':1n~D' Survey Estimare Total... $4.159.00
3
Jun-12-02 07:59
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(~
(
MERIDIAN PARKS DEPARTMENT
Section 9, Township:3 Nonh, Range 1 Wes~ 8.M.
June t 1:, 2001
EST~ATEFORSUBSEQUENTI2ACRES
Labor:
P.L.S. .. Reduce field work.
Calculate boundary~
Review and edi[ Record of Survey and Comer Records.
2 Hrs. @ $IOO.OOfl-Ir. ~ $200.00
o ffice Tech. - Draft Record of Survey.
Amend Record of Survey and Comer Rtcords.
Record Record of Survey and Comer Records.
8 1-Irs. @ $102.001Hr. = $816.00
8 fIrs. @ $62.00/I-Ir. =: $496.00
Field Crew - Set all boundary piIls and line stakes where necessary.
Subtotal
= $1.51.21lO
Reimbursables:
GPS 2 Receivers/radio for RTK.
8 Hrs. @ S30.00/Hr. = $ 240.00
8 firs. @ $S.OOII-Ir. = $ 40.00
Technology Pins, hubs:r stakes, lathe, mylars, CADD, computers
Charge
Truck Charge Total Stario~ mileage, maintenance.
$45.00/Day $45.00
Subtotal $325.00
BoundarY Survey _Estima~eiotaJ = .._$1..8.31...QO
4
Jurt-12-02 07:59
From-W&H Pacfi~~oise, 10 83705
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MERIDIAN PARKS DEPAR1MENr
Section 9~ Township 3 Norlh, RMge 1 West~ B.M.
June 11, 2001
EST~ATEFORSUBSEQUENTl1ACRES
Labor:
P.L.S. - Reduce field wolk
Calculate boundary.
Review and edit Record of Survey and Comer Records.
2 l1rs. @ $lOO.OO/Hr. = $200.00
Field Crew - Set all boundary pin.<<o:: and line stakes where necessary.
8 Hrs_ @ $J02.00/Hr. = $816.00
office Tech. - Draft Record ofSwv<:y .
Amend Record of Survey and Comer Record..c.;.
Record Record of Survey and Comer Rtcords.
8 Hrs. @ $62.00/Hr. = $496.00
Subtotal
= $1 ~5] 2.00
Reimbut"sabJ es:
GPS 2 Receivers/radio for RTK.
8 Hrs. @ $30.00/Hr. = $ 240.00
8 Hrs. @ $S.OO/Hr. = $ 40.00
Technology Pins, hubs, stakes, lathe, myJars, CADD, computers
Charge
Trock Charge Total Station, mileage, maintenance.
$45.00lDay $45.00
Subtotal
$325.00
Boundary SwveV.Esrimate Total
$1 R1700
5
J~n-'Z-DZ
D8:00
From-W&H Pacfic Bois!, 10 83705
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1-948 P.009/010 F-453
I
. PACIFIC'
W &H Pacific
Standard Contract Provisions
1. Period of Service: W &H Pacific (WHP) will commence work wiI.hin ten days of receipt by WHP of the executed Agreement and
will proceed \Vith said work in a diligent manner to completion. WHP \V111 not be responsible for delays caused by factors beyond
WHP's control and which could not reasoDably bave been foreseen at the time: this Agre~ent was executed~
2. Terms of Payment: Amounts due for Service..<i will be billed monthly based on the actual services completed. CLIEl'IT shall
make prompt monthly payments in response to WHP's monthly invoices. If CtIENT objects (0 any invoice submitted by WHP,
CLIENT shall so advise WHP in Vlriting, giving reasons therefor, within founeen days of the date On said invoice. If CLIENT fails
to make any payment due WHP for services and .cxpcIlSts wirhin thirty days of the date on the iuvoict therefore, the amounts not
paid will be considered past due. A delinquency charge of 1-1/2% per monrll ~hall be added to the past due amount, and in
addition, WHP may suspend services under this Agreement, without liability for delay Or other damages whieh may result
therefrom. upon delivery ofVlrinen notice of it..... intention thereo[ CLIENT sball pay an reasonable attorney's fees. 'Court COSlS and
collection fees incurred by WHP in the collection of any past due invoices.
3. Paymenh in Event of 'termination: In the event this Agreement is tenninatcd, WHP 'Will be compensated for services performed
under this Agreement to the date of termination in accordance with the above provisions governing payments to WHP. If this
A2I'eement is tenninatcd by CLIENT~ WHP will also be compensated for all .reasonable costs and expenses incurred to assemble
and close project files and records.
4. Opinions of Cost: WHP has no control over the co~t of labor, materials. equipment or services furnished by others7 or over
contractors' metbods of determining prices, or other competitive bidding or market conditions, WHP's opinions of probable
Project or construction costs are made on the basis ofWHP"s experience and qualifications and represent VJHP's judgement as an
experienced and qualified professional engineer, familiar with the consDllction industry; bur WHP cannot and does not guarantee
that proposals. bids or actual Project or constrUction costs will not vary from opinions of probable costs prepared by WHP.
5. Standard of Performance: WHP shall perform its services in accordance with generally accepted standards presendy maintained
by other practicing professionals engaged in the same type of work in the generallocatioli of the project WHP makes no other
warranty) expressed or implied.
6. Construction and SafelY; WHP shall not have authority over~ or any responsibility or liability for, th~ means, methods,
techniques, sequences or procedures of constrUction selected by CODttactor(s); for safcty pr~caudons and programs incident to the
work of Contr8ctor(s); or for any fuilure of Contr8ctor(S) to comply with laws, Nles, regulations, ordinances, code~ Or orders
applicable to Contractor(s) furnishing and penorming their work.
7. Reuse of Documents: All documents, including drawings and specifications, prepared by WHP pursuant to this Agreement shall
remain the property of WHP and are insuuments of service in respect of the Project. They are not imended or repfesenr~d to be
suitable fOT reuse by CLIENT or others on cxtcusions of the services provided for the intended Project or on any other project.
Any reuse withour written verification or adaptation by WHP for the specific purpose intended will be at CUENT's sole risk and
without liability or legal exposure to WHP; and CllENT shall indemnify and bold hannlcs~ WHP from all claims, damages, losses
and expenses;. including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle WHP
[0 further compensation at rates to be agreed upon by CLIENT and WHP.
8. Electronic Media Delivery: It is recognized that the CLIENT may, from lime to time, request the delivery of and receive copi~s
of drawings on computer disks and/or magnetic tapes. The orig1nal di~cs and/or magnetic tapes will be retained by WlfP. The
infonnation on the electronic m~dia is considered pan of wHP's instrument of service and shan not be used on other projects~ for
additions to this project, or for completion of this project by another design professional except by agreement in writing and with
appropriate compensation to WHP.
A.t1y such use or reuse by the CLIENT or others, without written verification or CADD adaptation by Wl-IP for the specific purpose
intended will be at the CLIENT's sole risk and without liability or Jegal exposure to WHP. Funhennore, the CLIENT shall, to the
fullest extent permitted by law, indemnify and hold harmless WHP from aU claims arising out of or r~,uting therefrom. Due to the
potential that the infonnation set forth on the comJ')Uler disc~ and/or magnetic tapes can be modified by the CLIENT..
unintentionally or otherwise, WHP reserves the right to remove all reference to its ownership and/or involvement from each
electronic display. The CLIENT shaH be responsible for determining the compatibility of WI..!P's files with the CLIENT's
software. WHP makes no warranty as to the compatibility of its files with the CLIENT"s software. Because data stored on
WlIkH PI\CiJ'k:. F('IFYn I
!!dircutrt Noveatbu 1 W. 1 ~ 7
Jun-,,-ut
uts,:uu
~rom~w," raCTle ~DI'af IU ~3{UO
ZDB 34Z 5353
1-946 P,DID/DlD F-453
j"
\.
/-
\.
electronic media can deteriorate undetected, tlle CLIENT agrees that WHP cannot be held liable for the compJcrtness or
correctness of the electronic data after an acceptance period of 30 days from the date of delivery of the electronic files.
9. Differing Site Conditions: HDiffering Site Conditions" are physical, structural, subsurface, soil or other conditions uncovere~
revealed or discovered which differ from 1) lbose presented by CLIE1\TT to WHP, in any RFP or otJlerwise) 2) those ordinarily
encountered and generally recognized as inherent in work of a similar character, or 3) those apparent based upon a reasonable
visual inspection of the project site. If Differing Site Conditions adversely affect ~s work hereunder" then 1) WHP need not
continue performance of the work after notifying the CLIENl of such Differing Site Conditions, and 2) jf CLIENT Mshes WHP
to SO conrinuey CLIENT and WHP shaH agree in 'WI'iting upon an appropriate new agreement to reflect the cost and schedule
impact of such conditions.
10. Limitation of Liability: In no event shall the liability of WI-IP (or its officers, subcontractors, and employees) ro CLIENT (and
its officers, contractors, and employees) exceed Fifty Thousand DolJars ($50,000.00) Or the amount of WHP's compensation
hereunder, whichever is less. Such liability ceiling applies to, without limitation, injwy or damage to persons or property and all
claims arising out of any design defect. error.. omission, or professional negligence. further, the CLlENT shalI either 1) include a
like limitation of liability benefiting WHP in the CLIENT'S contracts with any contractor or subcontractor who may perform work
in conneclion with or making use of any design, report, or study prepared by WHP, Or 2) indemnifY WHP for any liability in
excess of $501000 arising because of claims brought by $Uch contractors Or subcontractors arising out of and such design, report or
study. In no event shall WHP be liable for any lost profits or other special~ incidental or consequential damages.
11. Termination: Either parey may tenninate this Agree-ment at any time upon seven days7 prior wrinen notice to the other.
Provided, the provisioILCl of Section 10 (Limitation ofLiabiljty) shall survive termination.
12. Mediation: The parties shall for thirty days seek to submit any disputes arising under this Agreement to mediation before a
mutually acceptable mediator prior to initiating any legal action.
13. AttorDey"s Fees and Expenses: In any litigation or arbiuation instituted IO enforce any of the terms or conditions of lhis
Agreement, the Prevailing Party :man be entitled to receive, as pm of any award or judgment, in addition to costs and
dj~bW"Sements allowed by staNres, eighty percent (80%) of its reasonable attorneys' fees and costs incurred in handling the
dispure. For these purposes, the "Prevailing Party" shall be the party who obtains a litigation or arbitration result morC tavorable
to it than its last formal written offer (made at least twenty calendar days prior to the fonnal trial or hearing) to settle such
litigation or arbitration.
J 4. Waiver: No waiver of a breach of any covenant~ term or condition of this Agreement shall be 8 waiver of any other or subsequent
breach of the same or any other covenant, tenn or condition or a \V3ivcr of the covenant, rerm Or condition itself
15. Controlling Law, Jurisdiction and Venue: This Agrccm=r shall be governed by the laws of the State of Washington..
Jurisdiction and venue of any di.~pute hereunder shall be in.King CountY, Stale ofWasrungton.
16. General: This Agrecmalt: (a) is the entire agreement between the parties and supersedes. all prior agreements or understandings
related to the subject matter, (b) may be modified only in writing signed by both parties, and (c) ~y be executed by eidler pany
by orally confirmed fax rrmmrission to the other party of a counterpan showing the signature of an authorized representative of
such party. Neither the rights nor duties of this Agreement may be assigned or delegated by a party 'Without prior written consent
of the other party.
W&H PACIFIC. INC.
CLIENT:
Initials:
Date:
Initial:
Date:
W,tif ~Ki(l,e t-"Mt't'Ii t
F.1~lfyC NQv~ 15. J~7
(
June 14, 2002
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT Parks Department ITEM NO. 3 - N
REQUEST Approve Change Order Number 3 for Meridian Settlers Park by American Paving
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See Attached Memo from Parks Director Tom Kuntz
-0 V.JL-
Ctpf
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
(
(
Memo
RECEIVED
To:
From:
Date:
Re:
Mayor Corrie I City Council
Tom Kuntz .~
June 13, 2002
Consent Agenda Items
il. t J"; .r'\
.' ... '1 ; i ?rn()
OJ '-'-"'-
--.~ITY OF MERIDIAN
\-"TV CLERK OFFICE
The Parks Staff is requesting two items under the consent agenda for your June 18,
2002 meeting, which are listed below.
1. We finally received approval from our Public Works Department on the sewer
line design at Settler's Park. As a result we are asking for approval of a
~ Change Order with American Paving to install the sewer line at a cost of
$55,305.00. (Change Order Attached)
2. We are requesting an approval of a contract with WH Pacific to provide
survey and legal des9riptions of the 29 acres on Cherry Lane we are
purchasing. The contract is for $5,940.00 and includes a boundary survey
and legal descriptions of all three parcels in the order in which we are
planning to purchase. The seller has agreed to pay for half or approximately
three thousand ($3,000.00) of the cost. (Short Form Contract Attached)
Page 1
Jun 13 02 11:3Sa
the land group inc
2089394445
(
(
2000 Edition - Electronic Format
p. 1
AlA Document G701- 2000
Change Order
PROJECT:
(Name and addressJMerldlan 58 Acre Park
Phase One
CHANGE ORDER NUMBER:03
DATE: June 12" 2002
ARCHITECT'S PROJECT NUMBER: 01028
CONTRACT DATE: March 28,2002
CONTRACT FOR; Site Development &
landsc8De
TO CONTRACTOR:
(Name alJd addressJAmerican Pavlna PO Box
395 Meridian. Idaho 83680
THE CONTRACT IS CHANGED AS FOLLOWS:
(f1Jdud~ where applicable, an)' undisputed amount attributable to previously executed ConstlUClion Change Directive-s.}
Sewer main installed per drawings and specifications. inlcuding additional surveying.
concrete work and earthwork.
The original (Contract Sum) (Cut}ra-rr~ecd Maximum Price) was $833.165.00
The net change by previously authorized Change Orders $35.665.00
The (Contract Sum) (Guaranteed A4rocinmm. Price) prior to this Change Order was $868.830.00
The (Contract Sum) (Cuarantced }'{aximl:LM -Pfleej will be (increased) (decreased) (MHchangcd) by
this Change Order in the amount of $55.305.00
The new (Contract Sum) (Cuarantccd !4l:Udmum -PRee1 including this Change Order will be
$924.135.00
The Contract Time will be (increased) (dccr-ea:sed) (unchanged) by (1Z) days.
The date of Substantial Completion as of the date of this Change Order therefore is 10/14/02
NOTE: This Change Order does not include changes in the Contract SumJ Contract Time or
Guaranteed Maximum Price which have been authorized by Construction Change Directive for
which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document MOl.
Not valid until signed bv the Architect, Contractor and Owner.
The land Group. Inc.
American PavinQ Co.
City of Meridian
ARCHITECT (Typedl1ame)
CONTRACTOR (Typed l1am~)
OWNER (TypednaJ1Je)
(Signtlture)
(SignlltU<<)
(SignalU")
BY
BY
BY
DATE
DATE
DATE
e 2000 The Amencan Institute ot Architecfs. Reproduction ot the matenal hereIn or substantial quotatIon
of its provisions withouT written permission of the AlA violates the copyright laws of the United States and
wiH subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.5~ copyright
laws and wiU subject the violator to legal prosecution. This document was electronically produced with
permission of the AlA and can be reproduced in accordance with your license without violation unti I the
date of expiration as noted below~ User Document changeorder3~aia ..~ 6n312002~ AlA License Number
1116865, which expires on 5/31/2003~
OWNER 0
ARCHITECT 0
CONTRACTOR 0
FIELD 0
OTHER 0
AUTHENTICATION OF THIS
ELECTRONiCAllY DRAFTED AlA
DOCUMENT MAY BE MADE BY USING
AlA DOCUMENT D401.
~fI- ,-
..... . ....
..... ~....-....
--
@ 2000 AfA@
AlA DOCUMENT G701-2000
CHANGE ORDER
The American Institute of
Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006..5292
Jun 13 02 11:43a
the land group ino
2089394445
p. 1
.(r- f
~23/2002 THU 13:33 FAX 2088885020 AMERICAN PAVING 777 LAND GROUP
@OOl/002
Telephon.e: 888.7988..
Fax: 888.5020
~O. Box 395, t\I1aridian. Idaho 83680
Idaho RW. .#~214~AA.A,.2.4(A3)-
Oregon CCB # 137240
May 23, 2002
1110 LIDd Group
Attn: Daw: Koga..
128 S Eagle ad
~ JdahG-&36l6-..
lte: ~~Aac P8d.Pbaae-I
".~.. Paviag CG..1.obtJ1248
1110 fOlio. iI a Rq1III& tor change Older 81 per I8Wet main plana dated OSI2OO2..I181Dp dale ot
5/17102. A bIed:dowa Cortbe l'IIriouI portiou of WOlt u tbRow,:
L Sewer MIlD: We 8m ea~l~~A. prvpoIIl aom our Ill~frartnp# ~ PipeIiIl& Corp.,
toUIiag.S4S$1l.20.pIua AtDedrMl Puiq-Co!a.5"- prot1t~ ofS2,299.oo.. f<<an..
~ ~................~--.._...."......................_.................-t;.."..~_.........._"".._~.,,St8.2~OO
26 SmYeyiug;.- ^~ con~~8I8kiDJ foI: I8\\W line (add) ....-......S840.00-
3. CoIIc:tete: AddiIioaalIidewalk:. sppm: l.5SO SF aDd Idjult IIlIDhoIea to gade ill aidewall:
fm'-m ~ -~._.._-_._....__.._......._............ ,..................-..-..-._.-.u--,410:00-
4. EaItIlwaIr EDavatiDa 1br 1Id6waD:: ad tom. amllDd. excavaled.lDI~ to be 1Ued OIl ....
buoforc:oacmllrlidewaJt;-apox r,s5ttSF:- Tempomy tum~.iDltalrv-W--r0a4'
~ 8pFIK 1.MO sr. for mAdctiri~ ...-..----..-.----....--....-..._.._..$2~78SJ)Q
0'lbW hqDeIt For as.ce Older (~-..-----_u....M.--".~..__...n~_~_..s55)OS..OO
AA per oarpojcct ~ AmeIicam Paving Co.. bid. Met,...~ ~nl~ to If8d. GI.e
pm.ll~~of,.....l~ ini~nn 0Il1Doe.1.4.*.2002- Tbis..DU:IIIlI&-~_'1 'IYWWI to
be 10...1'''' prior to au. dafD ill OI.'derto keep wiGl tho tcbAdnLr. for Ameri.cm Paving CO"ll Mettalt
ID4 odIer.mbcoauaCkRec Itwe.areuaable to---~..~.1ho-.1ay-
could pmbihit~ 1ium ~ the pujcct tbi8 y~ u well u afrectiDgAme.rica
Paviag.Co. aud-oIb<< Bcoatrac1Oll aad-lbeirpmtioal of1betWOlk:
If you IlmulltmqaR~mr. plBallJdmfiheaitatIJ to. cllt-oar ofJice.
1"'~ 1lOlNew<<..........
Change Order
2000 Edition - Electronic Format
AlA Document G701- 2000
PROJECT:
(Nameandaddress)Meridian 58 Acre Park
Phase One
CHANGE ORDER NUMBER:03
DATE: June 12,2002
ARCHITECT'S PROJECT NUMBER: 01028
CONTRACT DATE: March 28, 2002
CONTRACT FOR: Site Development &
Landscape
TO CONTRACTOR:
(Name and address)American Paving PO Box
395 Meridian, Idaho 83680
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed anJOUll[ attributable to prevjous(l" executed Constnlction ChaJJge Directives.)
Sewer main installed per drawings and specifications. inlcuding additional surveying.
concrete work and earthwork.
The original (Contract Sum) (Cuaranteed ~1axin1uln Price) 'fas $833.165.00
The net change by previously authorized Change Orders s35.665.00
The (Contract Sum) (Cuaranteed A{axiu1U111 Pricl') prior to this Change Order was $868.830.00
The (Contract Sum) (Cuaranteed A{axin1un1~ \\,Till be (increased) (decreased) (unchanged) by
this Change Order in the an10unt of $55,305.00
The new (Contract Sum) (Cuaranteed ~1a;jn1uln ~ including this Change Order ",rill be
$924.135.00 ~-;:~.
The Contract Time \\rill' dcc~;cd) (ul~1geJ) b)' (1Z) days.
The date of Substantial Camp e Ion as of the date of this Change ()rder therefore Is1 0/14/02
NOTE: This Change Order does not include changes in the Contract SUln, Contract Time or
Guaranteed Maximum Price \vhich have been authorized by Construction Change Directive for
which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document A201.
Not valid until siQned by the Architect, Contractor and Owner.
~f~
(Sjgl1ature)
12.1). ~,e121~
BY Wash\~81cnt1) oJf:t'j ~OOO6-5292
/ \\\ C .'E II/
~ / ,\,,\~ Or rwr l1'/) /1/
/ 4 IJ 2- ", ~ (~~ ~//
/ .::::" a of\POFL4 ~ ~:v <;...
DATE I {11- , f ~0 ~o -~_
/1tbM : dr~e-..--J9- t!l--. :
~prP0i't:f 6:1 ~0~o ~-~~ o.~
- (;..0 ~ CJ <
@ 2000 The Amencan Institute ot Architects. Reproduction or the material herein or substantIal quotation ~ ~ Us "\ ." .~~O .:.~.~
of its provisions without written permission of the AlA violates the copyr ight laws of the United States and ~"/ "OAf r 1 S _" . ~ ,.;'
will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright //// COr tj.. -r.....t \,.;. \<'~'
laws and will subject the violator to legal prosecution. This document was electronically produced with /////111." ,..:..! t ' "" ,,\\ \\.
permission of the AlA and can be reproduced in accordance with your license without violation until the ".;.:;; :';).. .
date of expiration as noted below. User Docunlent: changeorder3.aia -- 6/11/2002. AlA License Number
1116865, which expires on 5/31/2003.
The Land Group, Inc.
BV1l.<- ~~\r'J 6ia,?
&!ll/OZ-
f
DATE
American Pavinq Co.
City of Meridian
-r=cR~~ LU'\2-
BY V - ?
6- /2--67___
DATE
OWNER D
ARCHITECT D
CONTRACTOR D
FIELD D
OTHER D
AUTHENTICATION OF THIS
ELECTRON/CAll Y DRAFTED AlA
DOCUMENT MAYBE MADE BY USING
AlA DOCUMENT D40J.
-
II
~~..I: .~
....... . - ......
..........
---
@ 2000 AIA@
AlA DOCUMENT G701-2000
CHANGE ORDER
The American Institute of
Architects
1735 New York Avenue, N.W.
, * *'.
- . American Paving CO~ . .
Telephone: 888-7988
Fax: 888-5020
PO. Box 395, Meridian, Idaho 83680
Idaho PW. #12145-AAA-2-4(43)
Oregon CCB # 137240
May 23, 2002
'!be Land Group
AUn: Dave Koga
128 S Eagle Rd
Eagle, Idaho 83616
Re: MArittian 58-Acre Pm Phase I
American Paving Co. JobiJ 1248
The following is a request for change oIder as per sewer main plans dated 0512002. stamp date of
5/17/02. A breakdown for the various portions of work as fonows:
1. Se\Ver Main: We are enclosing a proposal trom our subcontractor, Cascade Pipeline Corp.s
totaling $45,971.20, plus American Paving Co. 's 5% profit margin of$2,299.00, for an
~ · ..................... .............. ... ........ ......................... .......... ......... $48,.270.00
2. SUrveying: Additional constmction staking for sewer line (add)..........S840.oo
3. Concrete: Additional sidewalk, approx 1,550 SF and adjust manholes to grade in sidewall:
for an. 8(jditiona.l. ........ ...... ........... .... ........... ........ ....... .................. ..... ......$3,410.00
4. Earthwmt:: Excavation for sidewalk and tom around, excavated material to be used on sites
base for concrete sidewall:, approx 1,550 SF. Tempomry tmn. around.. install&' %" road
mix, approx 1,960 SF, for an additional..................................................$2,785.00
Total Request For Change Older (add)...........................................................S5S,30S.00
As per our project schedule, American Paving Co. had Metcalf Landscape scheduled to start the
instAnAtion of pressurized iIriE"tinn on June 14th, 2002. This means that the sewer line 'Will need to
be installed prior to 1his date in oIder to keep wi1h the schedule for American Paving Co., Metcalf
and other subcontmdom. 1f"We are unable to start pressurized irrigation as scbedt:1led, the delay
could prohibit Metca1fJRn(JStCape from seeding the project this year, 88 well as affecting American
Paving Co. and other 8l1bcon1ractorg and their portions of the worlc.
If you should require any further info:rmati.on, please don-t hesitate to call our office.
Sincerely ,.
Am~gco.
Teny2///j
Vice ~T
TlJtk
1248-RCO-sewa- ~ scbeduIe
Ofr/23/2002 THU 13: 33 FAX 2088~"--~20 AlfERICAN PAVING -1-1-1 LAND GROUP (-
@002/002
ASCADE
IPEUNE
ORPORATION
CB-'AU. ZfIC1ft'fii7W1'11S ~
~O.Box 1135 · Meridi2n~Id2bo83680-.. Bus:-(208} 85>0-201 " F2X:{208) 85>025.g-,
PROPOSAL &: CONTRA<;r
TO: Alv1EPJ.CAN rA \'ING
:AnN: TERRY LlTIZ
. DAtE.:- 05rll102
Subject IrO ~ _lilt bctCDt we bctt&y JI&TOC to 6uAiab..aJ.l1aOOr,.lIIIdo:ialaod cqWpmoat SJc the. compIctioa,. iD .. f.OOCla:Dd
WorkmanJik-o tnallMr, oflbe 'W'Olk descrlhed bd,&w M the 6:tltcwing dc!a"ibed propc::ty:
DESCRIPTION
PROPERTY:- ,
MBlUDIAN 58 ACRE PARK - SEWER CHANGE ~lAN ADA
/
0\0
0'
\
QUANTI1Y & LABOR EqUlpmt. MA TERL SUB 10% OH&P TOTAL
LJ-r...... . _ .. 1l "'-I
.....~~-
1 ea. Tie to Bxi_ Sewer 25 1..00 620.00 0.00 0.00 87.10 95:8..1Q
1431 If I'" SDR35 PVC Main 5089..00 '15360.00 ~.OO OJ)O :286S..SO 31,520..50 2- "! .
Sea . ~" Sewr:r Manholes 398.00 1200.00 4762..00 0.00 636.00 6,,996..00 r~
3c:a. 8"x4" Sa'vice Cooa~ ~J)O 0.00 1 J4.00 Q.OO 14_30 157.30
30 If 4" SDR3S PVC Sc:rvio, 119.00 3Jl.oo 112.00 0..00 54..20 596.20
lea. Cooaa:e Cellar 0..00 0.00 0.00 250..00 25..00 275.00
2ea. Exis:tiog Utility ~np 80.00 240..00 0..00 0..00 32..00 352.00
1 LS' D\;wateri.ng 0.00 0.00 0_00 270CtOO 270.00 2,910..00
] 431 If Flush- Cam~ Air Test 134..00 440..00 0.00 0_00 57.40 631.40
.1 LS' MobiJizatiOl[ O~oo- (too 0:00- . 1377_00 . 137..70 1.514.70
:
CRAND-. TOTALS.:. S6~lOOJ)O- S-1~8,.I. 7-l ~oo- S!-~ 194~00- $4,127.00 $4,179-.20- t- ~97t..26-.
STREET ADDJtE&S
DESCRIPTION OF WORK:
CITY OR TOWN
COUNTY
v~
l\'1
TERMs OF P A ThffiNT: .
SubJoct tD T erm.s and CoDd.itioD..$ at~ Ut1ahe1:1 berBto, which ue rdated. b) t1.04 kcby made fCJ1 of tb.is Propo.sa.l JI,1jcl Coubct. All
UtID.S of1bis. ):J(opos.a.l are to be intcgra1t:d with an)' other ocmtract pcrtainlaS t6 the _me watJc.
ACCEPTED: 'COUNTERSIGNED:
BY Bl1YE.R
~
~
~y ~ b-'
DATE4 ~
DAlE
P1lge 1
1/1 'd i910'ON
~\ d l 0 : l l 0 0 G 'l Z · ^ e ~
2000 Edition - Electronic Format
AlA Document G701- 2000
Change Order
PROJECT:
(Name and address}Meridian 58 Acre Park
Phase One
CHANGE ORDER NUMBER:03
DATE: June 12,2002
ARCHITECT'S PROJECT NUMBER: 01028
CONTRACT DATE: March 28, 2002
CONTRACT FOR: Site Development &
Landscape
OWNER D
ARCHITECT D
CONTRACTOR D
FIELD D
OTHER D
TO C.ONTRACTOR:
(Name and address)American Paving PO Box
395 Meridian, Idaho 83680
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed anJOUllI alln'butilble 10 pren'ous~v executed Constructjon Change DJrectjves.)
Sewer main installed per drawings and specifications. inlcuding additional surveying.
concrete work and earthwork.
AUTHENTICATION OF THIS
ELECTRONICAU Y DRAFTED AlA
DOCUMENT MA Y BE MADE BY USING
AlA DOCUMENT D407.
The original (Contract Sum) (Cuar~ntecd }.1a;~iln U 111 Price) \\Tas s 8 33 .165.00
The net change by previously authorized Change Orders 535.665.00
The (Contract Sum) (Cuaranteed ~{aKinlunl Price) prior to this Change Order was $868.830.00
The (Contract Sum) (Cuaranteed 1{a)[inlUnl~ vvill be (incrl'ased) (decreased) (unchanged) by
this Change Order in the anlount of 555.305.00
The new (Contract Sum) (Cuaranteed }.1a~~inlUln ~ including this Change Order will be
$924.135.00 ~-;: L,.
The Contract Time ,viII' dcc~sed) (ul~lged) b~T (1Z) days.
The date of Substantial Comp e Ion as of the date of this Change Order therefore 1510/14/02
NOTE: This Change Order does not include changes in the Contract SUIll, Contract Time or
Guaranteed Maximum Price ,vhich have been authorized b)' Construction Change Directive for
which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document A2ol.
Not valid until siQned bv the Architect, Contractor and Owner.
The land Group, Inc.
American Pavin~ Co.
City of Meridian
-
~.~
...... . - ..~
..'......
--
@ 2000 AlA@
AlA DOCUMENT G701-2000
CHANGE ORDER
L1 The American Institute of
G '1"'\ Architects
I < \. l). ,e,;2/ r:=- 1735 New York Avenue, N.W.
BY Was h \1\181 G>t1) Ol~'1 ~OOO6-5292
/ \\\ 1.': /1;
/ ",\\,\ of ,-~E.Ff/~), III/~
/ I 4 ~') 2- " :'\ ~.~ ....>
{..J' I (/ .:::~ () o~POfL.1 r "Z.. ':;
DA TE / (1/- , f ~(j ('.0 - -~_
/lib kd : dr~&.-.J-j{; l Q..,. ::
~pr7Jwd' 6:1 &~Vo ~-(~ oZ-
" ::: vQ ~C';: / '.
<9 2000 The American InstItute ot Architects. Reproduction ot the material herein or substantial quotation ~ ~ Us \" . .~ / ~O ,
of its provisions without written permission of the AlA violates the copyright laws of the United States and ~/ <::> .,. 15 _ \,.,... .~'
will subject the violator to legal prosecution. WARN ING: Unlicensed photocopying violates U.S. copyright //// '""'1 Cr'\( _ " \,) .<~'
laws ,an.d will subject the violator to legal pro~ecution, This d~cumell t :-vas elec~ronically pr~duced. with //:i;; I ~>?!~. ~" .......'\...
permIssion of the AlA and can be reproduced In accordance With your license Without Violation until the ":.:.; ::;"
date of expiration as noted below. User Document: changeorder3.aja -- 6/11/2002. AlA License Number
1116865, which expires on 5/31/2003.
BV1}..<- ~~1rd 6.~'i'
&!llJo~
f
DATE
-r=cR\Z-~ LU\2-
BY V - ?,
6-/2--0/___
DATE
(
* * .
. . American Paving CO~ .
Telephone: 888-7988
Fax: 888-5020
po. Box 395, Meridian, Idaho 83680
Idaho P.W. #12145-AAA-2-4( 43)
Oregon eCB # 137240
May 23, 2002
The Land Group
Attn: Dave Koga
128 SEagle Rd
Eagle. Idaho 83616
Re: Mfritf1An S8-Acre Pm Phase I
.American Paving Co. JobiJ.1248
The following is a request for change oIder as per sewer main plans dated 0512002, stamp date of
5/17/02. A breakdown for the various portions of work as fonows:
1. Sewer Main: We are enclosing a proposal from our subcontractor~ Casc9de Pipeline COlp.~
totaling $45,971.20, plus American Paving Co.'s 5% profit margin of$2,299.00, for an
~ .... ................. .... ... .... ........ ...... .... .... ................................ ......548,.270.00
2. SUrveying: Additional constmction staking for sewer line (add)..........$840.00
3. Concrete: Additional sideVlalk, applOA 1,550 SF and adjust manholes to grade in sidewalk
for an. a.;:Itlit1ntl8l. .................. ... ....... ........ .......... _ ............ ............ ....... ... .$3,410.()()
4. Earthwork: Excavation for sidewalk: and nun aroun~ excavated material to be used on site,
base for concrete sidewaIk, approx 1,550 SF. Temporary tum ~ install 6" %" road
mix, approx 1,960 SF, for an atXIitional................................................S2,78S.00
Total Request For Change 0nIec {add).......................................................... $5 S ,30 S .00
As per our project schedule, American Paving Co. had Metcalf Landscape scheduled to start the
:inBtA nAtion of pressurized iIrigation on June 14th, 2002. This means that the 8e'Wer line will need to
be installed prior to this date in oIder to keep wi1h the schedule for American Paving Co., Metcalf
and other snbcontmctota Ifwe are unable to start pressnrized irrigation as scbeduled, the delay
could probibitMetca1fT .Jrndscape from seeding the project this year~ ag well as affecting American
Paving Co. and other sobcontmctors and their portions of the wOIk. .
If you should require any further infoIDlati~ please don't hesitate 10 call our office.
Sincerely .
Am~CO.
TerIY{tb/ J
Vice ~T
TIJtk
J.2.4.8-1tCO-sew<< m.ia s::bedoJe
Ofr/23/2002 THU 13:33 FAX 20888( '20 AMERICAN PAVING ~~~ LAND GROUP (
@ 002/002
ASCADE
lPEUNE
ORPORATION
C9o'Af.t Zf'I'Q~ ~
~o. Box 1135 .. Meridi2n~ ld2ho 83680-... Bus:-(208) 85>0201 '* F2X:{208) 85>tJ258~.
PROPOSAL & CONTRAcr
TO: AMElUCAN rAVING
AnN: TERRY Lurz
. DAtE.:.05nl102.
Subj~ 10 tbcI ttt.tD:I hcra>,t we bacby agree to &tmi.aa.a1l1abor.lIbda:Dland cqu..ipmtmt.fbr: the. comp&cti.oo,. in a.J.OQd..a:Dd
W ori:.maD.lik~ IAlDAer. of the work de:scrihed be\ow M the itllowing dc&aibed pr~pcrty:
DESCRIPTION
PROPERTY:- ,
MERIDIAN 58 ACRE PARK - SEWER CHANGE MERIDIAN ADA
/
0\..0
'-;.
\
STKEET AD1>JtE8S
DESCRIPTION OF WORK:
CITY OR TOWN
COUNTY
QUANTI1Y & LABOR EqUlpnt. MAlERL SUB 10'Y0 OH&P TOTAL
~~~, 'I.J. _. .1 11_
.......-.....'
1 ca. Tic to Bxi~ Sewer 251..00 620.00 0.00 0..00 87.10 958..1Q
1431 If 8'" SDR3~ PVC Main 5089..00 '15360.00 8206.00 0.00 2865.50 31.520.50 2. "Z .
5~, 4$" Sewer Manholes 398.00 1200.00 476200 0.00 636.00 6. 996J)0 13
3c:a. 8"'x4" Service C'4mel;t ~4)0 0..00 1 )4.00 Q.OO 14..30 lS7.30
301f 4" SDR3S PVC Service 119.00 311.00 112.00 0.00 54.20 596..20
lea. Coocrcte Collar 0..00 0.00 0.00 250..00 25..00 275.00
2ea. Jixi~ Utility r:~nD 10.00 2AO.OO 0.00 0..00 32..00 352.00
1 LS' ~tCring 0.00 0.00 0..00 2700.00 270..00 2,970.00
1431 Jf Flush- camera, Air Test 134..00 440 .00 0.00 0_00 57.4lJ 631.40
1 ts- Mobiliz:atiorr 0-,00- ~OO- 0-,00. . 13n..OO 137.70 1,514.70
:
CRAND-- TO-TAt..&.. S6"lOOJ)O- - S18.,,l7-lJX)- Sl-3,194.00- . $4S27~OO $4,1 ~2{}- S45;97t..2(J.
v~
l1<1
1ElU4S OF PAYMENT; .
Subj&a In T 8I1llS and CcDClitions ace ~ berBtn, wbich U'f: rcfa-ted. ~ t104 ~b:r made F8J1 of this P("C)poa.t !.lid Coauact. All
Utm.! of1bis. J'{oposal are to be in:teua1td with aD:)' other OOIdrflct J>>cn..iniaC to the JIlIme wo4:.
ACCEPTED: . COUNTERSIGNED:
BY BUYER
~
~
Sy ~ h-"
DATE+ ~
DAlE
Pll,ge 1
(/1 'd tgtO'O~
~~ d l 0 : l l DOl . Z l · A e ~
June 14, 2002
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT Public Works Department ITEM NO. 3-0
REQUEST Award of Contract for Waste Water Treatment Plant Diesel Storage Tank Project
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See Attached Memo
~
[Iv f~
Contacted:
Date:
Phone:
Materials presented at pUblic meeUngs shall become property of the City of Meridian.
I.~J./~"+
Fax Memo
RECEIVED
jUN 1 3 2002
CITY OF MERJDIAN
CITY CLERK OFFICE
To: Sharon S.
FrDIII: Brad Watson, P.E-
City Engineer
cc:
Pages: 4
Date: 6/1312002
He: 6/18/02 Council Meeting
Here they are... ..
Consent agenda please. Call if you have any questions.
Thank you.
;5~
From the cbk. of. . .
Brad Wat9on. P.E.
City Engineer
Meridim Public Worb Dep.artmenr
660 E. WII1a1ower Lane. Suite 200
Maidian. Id4ho 83642
(208) S98-SS00
Fax: (208) 887..1297
-ty.a-g
. Page 1
City of Meridian
Public .Works Dept.
Memo
RECEIVED
, , ! \' i 3 '11100")
J1...,,;li ~ L.'-...i'L
To: Brad Watson
From: Lenard Grady I d.
CC: Gary Smith
Date: 6/1312002
He: Proposed Agenda Items for June 18,2002 City Council Meeting
CITY OF MERIDIAN
CITv r:: J=RK nl::l::rrF
~
The Public Works Department respectfully requests the following items be placed on the
June 18 City Council agenda, under Department Reports. for Council's consideration:
Award of 5000-Gallon Diesel Storaae Tank. This project was awarded on the April 16, 2002
City Counci. Meeting to K& T Steel Corp for construction of a UL 142 listed tank for $7,300.
Subsequent to that meeting. the Fire Department imposed a more stringent requirement for
the tank to be Ul2085 listed. which adds a 2-hour fire rating. Three bids were received on
the tank as shown below:
.
'BI
Brown-Minneapolis Tank
Leonard Petroleum
$11.160.00
$13,895.00
$16,095.00
.
.
K&T Steel, who had the lowest bid forthe UL 142 tank does not make a U12085 tank. IBI has
the lowest bid and is located in Caldwell. In addition to the tank, IBI offers gauges, fill limiter,
and a fill box for an additional $3,500. These items are required but were not included in the
bid because some tank manufactures only supply tanks.
Recommended Council Action: The Public Works Department recommends
that City Council award the purchase of a 5000 ga"on diesel storage tank, fill
box, gauges, and fill limiter to IBI for the amount of $14,660.00.
Black CatlUstick Waterline Chanoe Order #1 This project started in
November of last year but was delayed by ACHD. This ultimately
resulted in temporary pavement repairs due to the cold weather and
asphalt prant shutdowns. The change order includes remova' of the
temporary patch, reprac:ement with final asphalt, and other
From the desk or: . .
Lenard GFaIy
SttdlEnginccr
Maidian Public Works Ilcpattrnaa
660 E. w~. Sui&: 200
Maidian, Idaho 83642
. Page 1
(08) 898-5500
.Fax: (2D8) 887-1297
~cSan.id.us
(
June 14, 2002
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT Public Works Department ITEM NO. 3- P
REQUEST Change Order Number 1 for Black Cat Road I Ustick Road Water Line Project
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See Attached Memo
vV
Ov~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
...... '-'I' .L -..) ~c. J. ~ · t:J J. ,.. "" r"'U.tSL! L. WUr<K~
2088871297 TO CITY CLERK
P.01/04
City of Meridian
Public Works Dept.
Fax Memo
RECEIVED
JUN 1 3 2002
CITY OF MERIDIAN
CITY CLERK OFFrCE
To: Sharon S.
FI'DIII: Brad Watson, P. E.
City Engineer
cc:
Pages: 4
Date: 6/13/2002
He: 6/18/02 Council Meeting
Here they are... ..
Consent agenda please. Call jf you have any questions.
Thank you.
~~
Frcm the: cbk. of. . ,
BmII WAtSOn, P.&
City~
Meridi:m Public Works Dcpartmenr
660 E. Wak:rtowtt lane, Suite 200
~ Idaho 83642
(208) 898-SS00
Fax: (208) 887..1297
WUISU1t@mcridian:ity.org
. Page 1
-.- .&....,. - C".J. I -" r U D1... .1 \... WUr(;t'\::>
2088871297 TO CITY CLERK
P.02/04
(
City of Meridian
Public Works Dept.
Memo
RECEIVED
JUN 1 3 2002
CITY OF MERIDIAN
CITY r:: t=RK n~~frF
To: Brad Watson
From: Lenard Grady I d.
cc: Gary Smith
Date= 6/1312002
He: Proposed Agenda Items for June 18, 2002 City Council Meeting
The Public Works Deparbnent respectfully requests the following items be placed on 1he
June 18 City Council agenda, under Deparbnent Reports, for Council's consideration:
Award of 5()(){)..Gallon Diesel Storage Tank. This project was awarded on the April 16, 2002
City Council Meeting to K&T Steel Corp for cons1ruction of a UL142 listed tank for $7,300.
Subsequent to that meeting, the Fire Department imposed a more stringent requirement for
the tank to be UL2085 listed, which adds a 2-hour fire rating. Three bids were received on
the tank as shown below:
.
IBI
Brown-Minneapolis Tank
Leonard Petroleum
$111160.00
$13.895.00
$16,095.00
.
.
*
K& T Steel, who had the Jowest bid for the UL 142 tank does not make a UL2085 tank. IBI has
the lowest bid and is located in Caldwell. In addition to the tank, IBI offers gauges, fill limiter,
and a fill box for an additional $3,500. These items are required but were not induded in 1he
bid because some tank manufactures only supply tanks.
Recommended Council Action: The Public Works Department recommends
that City Council award the purchase of a 5000 gallon diesel storage tan~ fill
box. gauges, and fill limiter to IBI for the amount of $14.660.00.
Black CaflUstick Waterline Change Order #1 This project started in
November of fast year but was delayed by ACHD. This ultimately
resulted in temporary pavement repairs due to the cold weather and
asphalt plant shutdowns. The Change Order includes removal of 1he
temporary patch, replacement with final asphalt, and other
From Ibc cbk of: ..
.l.aaird Grady
SlaffF.ngio:a
Meridian Public Wadc1 ~
660 E. w~.. Suire 200
~ Idaho 83642
. Page 1
(08) 898.-5500
Fnx: (208) 887-) 297
gradyl@cinaictian.id.us
- -., J.. '-' <<:.J~.L""'t · ~ J. r '" r U OL ! \.... WUM::K::>
2088871297 TO CITY CLERK
P.03/04
miscellaneous items required. The final cost for the project totals $79,055~25 induding the
change order #1 for$19,302.62.
Recommended Council Action: The Public Works Department recommends
that City Council approve change order #1 to Bodiford Construction for the
amount of $19,302.62.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
V ,-"., .. -' r.Jt:..J. ~ · ~ J. r- r:: ,.....U.tjL! L WU~KS
2088871297 TO CITY CLERK
P.04/04
~ ""..... '" ..,. I
· · '" · If--
-'_oil"'" _,,,_
'-"-"V_,-", I ........ "" .
'\oJ u""'^-J1,e--
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WORK CHANGE nmECfJVE
No.
DATE OF lSSUANCE 6-19-2002
EFFECT)VE DATE
6...19..2002
. "'- ....
.,
..d...... .
OWNER
CONTRACTOR
Contract:
Projeet: BLACK CATIUSnC~WAtt.R. LINE
OWNER's ContraC1 No.
CITY OF MERIDIAN
BODIFORD CONSTRUCTION
ENGINEER's Project No.
.- ..
You ~ directed 10 proa:cd promptly 'Witb the following chaugc(s):
Description:
Rt:mo~ 1tInpor.uy pa1lerncm insIaUed last year and ins1aU penoanent mi;t. AU!EqUircd pennits. IZafJic
CODfroI, de.. A.re ioc1ud&d;
A((x~ '-
f()~~ ~~~~ ~"lV\-t.C.~~'J-:i.lWc..
Artachme.ns: NJ A
Jf OWNER or CoNfRAcTOll be1iew that the above ~b:mge has ~ Comn..t Pri~ an)' CIaUn for a
Chan,gc Order ba:&ed IhCl'COll will involve: one or more of the following mr:tbods :IS de60ed in the COllttaCt
DoewnCZ2ts.
Mdtod of~ change in
Contra.cl Price:
o Unit POOes
I&l Lump Sum
o CosI ofibc. Work S~~ OI6,7~
. -
Es'timared increase in CD.IlI:J'ac1. Price:
$1!101675r
If the change invol\.1!S 3ft increase. the ~
BItIOW2t is oat to be occ:caJed without further
authorizalion.
. .'1
.E.st:imated ia~ ill Contract Times:
Sub$tUItiaJ Completion: NlA _ days;
Ready for 6.aaI pa)1TltDt __ days.
RECOMMENDED;
L..", b-...( of
By:7~~
EJCDC No. 1910-S-F (19 -taon)
~1I~1.bc ~ 1ownl00rlCl1ll:i1 DocomDtnu ~tIQJ md en40mal bJ 'I_ AIlInd~ GmcrII Contrfdm af AntG'1C1 aad 6c ~ ~tWmna
fnatilvla.
AUTHORlZ.SD:
6nul ~
CITY ENGlNEER
~ .."/~~
By:
TI I~ 1 ~ 'lit? VI~: d~
P~GE.01
June 14, 2002
MERIDIAN CITY COUNCIL MEETING
APPLICANT Meridian Police Department
REQUEST Swear in New Police Officer
June 18, 2002
ITEM NO.
4-
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
vJtVV
.-st0
. G(r\ (1'
COvb0
Contacted:
Date:
Phone:
Materials presented at public meeUngs shall become property of the City of Meridian.
.r
RESOLUTION NO
()2.-]76
BY: JatyJtnjde/tJ~rd/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / g ~ay of
,72~ , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 18~ay of
,T~ , 2002.
YOR
\\\\\\\111'111//
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ATTEST: ,'\\\...J Of ME/q", 1/11/
" ~" VIA //
~. . j~a,.-:~~-l1.-\
, />~~' r - 0 -
CITY CLERK _. , ! SEAL 1
~ ~ &' ~
z:\ W ork\M\Meridian\Meridian 15360M\Resolutions City Ha~O~ IO~ . iJ1])S!:,iUBLEASEAGMT061702.doc
.-;.., ~ 1 S ~ ,$'
RESOLUTION - BOYS & GIRLS CLUB OF ADA Cti}.Jf?oM~~,"'"
'II \\.
LEASE AGREEMENT 11111:11 itZ\\\\\
(
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the (El(L day of J~ , 2002, the following action
has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
William G. Berg, Jr.
....
....
....
CERTIFICATE OF CLERK - BOYS & GIRLS CLUB LEASE AGREEMENT
1
STATE OF IDAHO, )
ss:
County of Ada.
)
On 1)}~s _1 % day of dt.<JVL.L , 2002, before me,
)'VlOVWYL ~ , a Notary Public, appeared WILLIAM G.
BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
(SEAL)
........
..ON SN)..
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Notary Public for Idaho
Residence:~oc LAU/J't'fll JbJe<..iuJ
Commission Expires: () -- 2,8" -05
z:\ W ork\M\Meridian\Meridian 15360M\Resolutions City Hall\2002\CER TofCLKonRESOLUBoys&GirlsClubLeaseAgmt06 I 702.doc
CERTIFICATE OF CLERK - BOYS & GIRLS CLUB LEASE AGREEMENT
2
Meridian City CouncH Meeting
June 18, 2002
Page 7 of 61
Watson: Thank you.
L. Appointment of Impact Fee Committee Members and Administrator:
Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members
and Administrator. My recommendation to the Council is - on the members of the Impact
Fee Committee, there was a mistype on that Jim KeUer is a member of the Meridian Parks
and Recreation Committee, not the department. And so ( would like to submit the names
of Keith Borup, builder; Phil Krichbaum at JUS Engineers; Gene Strate, Ada County
Association of Realtors; Jim Keller, Meridian Parks and Rae. Commission, Dave
Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and
Zoning Department. Those are the names that I would like to have on the Impact Fee
Committee for consideration of the Council and then on the administrator I would like to
have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator.
So I will stand for any questions as to the appointments.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: No. I'd move the approval of those specific members to the City of Meridian Impact
Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator.
Bird: Second.
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, roll-call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 7:
Resolution No. : Approve Lease Agreement with
Boys & Girls Club of Ada County, Inc. for use of old Meridian Police
Department building:
Corrie: Resolution, Item No.7. Resolution 02-376, approval of a lease agreement with
Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department
building. At this time I'd like to have the Clerk read the Resolution by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376. A
Resolution of the City of Meridian -- excuse me -- a resolution of the City Council of the
City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter
into on behalf of said municipality, an agreement entitled Lease Agreement between the
City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc.
(
Meridian City Council Meeting
June 1812002
Page 8 of 61
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve Resolution No. 02-376, approve the lease agreement with
the Boys & Girls Club of Ada County for the use of the old Meridian Police Department
and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All yeas. Motion is carried.
MOTION CARRIED: ALL AYES.
Item 8:
Resolution No. : Approve Lease Agreement with
Department of Corrections Parole & Probation for space in new
Meridian Police Department building:
Corrie: Item No. 8 is a Resolution to approve the Lease Agreement between the
Department of Corrections Parole & Probation for space in the new Meridian Police
Department building. Mr. Nary.
Nary: Mr. Mayor, I'd ask that we table Item No.8, Resolution No. 02-377 -- or do we give it
a number since we - okay. That we table Item No.8, the Resolution for the Lease
Agreement until our next meeting of June 24th.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Resolution No.
Resolution:
: Prosecutor Cross Deputization
Corrie: No.9, Resolution - and I must assume that it's going to be 02-377 f which is a
Prosecutor Cross-Deputization Resolution. If the Clerk would read that by title of the
resolution~
if.
J~. ...
!
(
LEASE AGREElVIENT
-r; THIS AGREEMENT is made and entered into this I g 1"b day of
~ t~ , 2002, by and between THE CITY OF MERIDIN'J, IDAHO, an
Idaho NIunicipal Corporation, hereinafter referred to as the lfLessor," and BOYS
& GIRLS CLUB OF ADA COUNTY, IDAHO, INC., hereinafter referred to as
the "Lessee. II
Recitals
WHEREAS, Lessor owns the following described real property
which is currently used as a police station in the City of Meridian, Idaho; -and
vVHEREAS, the police station will be moving to new quarters in the
near future; and
\VHEREAS, Lessee desires to lease the following described real
property, at such time as it is vacated by the Lessor, for the purposes of operating
a boys and girls club; and
WHEREAS, it is deemed to be in the best interests of Lessor to
enter into this Lease Agreement and Lessor does so enter into this Lease
Agreement in reliance upon Lessee's intention.
NOW, THEREFORE, the parties covenant and agree that Lessor,
for and in consideration of the rents, covenants and agreements hereinafter
mentioned on the part and behalf of the Lessee to be paid, kept and performed,
does by these presents grant, demise and lease unto the Lessee, and the Lessee
does by these presents hire, rent and take from the Lessor, the following
described real property, hereinafter referred to as the "premises," to-wit:
See Exhibit "An attached hereto and, by.this reference,
incorporated herein as if set forth in full.
TO HAVE AND TO HOLD the premises, together with its
appurtenances, privileges, rights and easements thereto belonging, unto the
Lessee for the term often (10) years, such term to commence on August 1,2002
or upon Lessor's vacation of the premises by the police department, and
LEASE AGREEMENT - 1
(
{
terminate ten (10) years from the commencement date, subject to an option to
renew as set forth in paragraph 23 of this Lease.
1. RENTi.\L: Lessee shall pay to Lessor the sum of One Dollar
($1.00) per year as and for rental of the premises, \vhich sum shall be payable
each year on the anniversary date of this Lease Agreement, commencing ,,'vith the
execution of this Lease Agreement.
~ USE OF PRE:NIISES: Lessee intends to use the premises for
the operation of a boys and girls club according to the rules and regulations of
Lessee, and any other business that is compatible therewith, and shall not be
used for any other purpose or purposes without the prior written consent of
Lessor.
In its use of the premises, Lessee agrees that it will not discriminate
on the basis of race, creed or religion as to any youth using the facility: and
Lessee will comply with all civil rights laws, rules and regulations which apply
to governmental agencies in general. :
3. ALTERJ.\.TIONS AND IMPROVEMENTS: Lessee shall
have the right to make improvements or alterations to the premises. Lessor and
Lessee agree that upon the termination of this Lease, or in the event the Lessee
voluntarily or involuntarily ceases to occupy the premises, all improvements and
alterations which shall have been made or added to the premises by Lessee shall
revert to the Lessor and shall become a part of the real property so leased herein.
4. .l\1AINTENANCE: Lessee will maintain the leased premises
and all improvements placed thereon by Lessee during the full term of this
Lease.
5. SIGN: Lessee shall have the right to place a reasonably sized
sign upon the premises for the purposes of announcing Lessee's facility;
provided, however, that said sign will not obstruct the vision of the lease'd
property on either side of the property subject to this Lease Agreement. Upon
termination of this Lease, Lessee shall have the rig~t to remove said sign from
the premises so long as Lessee repairs any damage to the structure occasioned
by such removal at Lessee's own cost.
6. COMPLIANCE WITH LAW: Lessee agrees to comply
with all municipal, state and federal laws, rules, regulations and ordinances and
to do all things necessary to stay in compliance with the same.
LEASE AGREEMENT - 2
7. UTILITIES: It is expressly agreed that during the full term
of this Lease, Lessee shall furnish and promptly pay for all heat for the said
premises and shall pay for all other \vater, gas, electricity, po\ver and other
utilities used in or about said premises at Lessee's o\\t"n cost and expense.
8. TAXES AND ASSESSlVIENTS: The premises is exempt
from taxes and assessments.
9. ASSIGNlVIENT OR SUBLEASING: Lessee shall not
assign this Lease without the written consent of Lessor first obtained.
10. AUTOl\lI...L\TIC CANCELLATION: It is understood and
agreed that voluntary or involuntary filing of bankruptcy, or assignment for the
benefit of creditors, or any other act of insolvency by or on behalf of the Lessee
shall automatically cancel this Lease, and Lessor shall be entitled to imme~diate
possession of the leased premises.
11. DAMAGE OR DESTRUCTION: It shall be Lessee's
responsibility to insure the buildings and improvements on the premises from
damage by fire, the elements, explosions or other causes. In the event of any
damage, Lessee will, at Lessee's own proper cost and expense, cause the same
to be repaired and restored to the same condition as before such damage was
done, subject to delays due to adjustment of insurance claims, strikes and other
causes beyond Lessee's control. If the buildings or structures on the premises
shall be so damaged as to be unfit in whole or in part for occupancy or use in the
manner and form as theretofore used, Lessee shall cause the same to be promptly
restored, repaired and rebuilt to the same condition as before such damage was
done; provided, hpwever, that if at any time during the term of this Lease or any
renewal thereof the buildings and structures located upon the premises shall be
destroyed to the extent of fifty percent (50%) or more of the replacement cost of
all buildings and structures located upon the premises, the Lessor may elect to
terminate the Lease as of the date of such damage or destruction by wri'tten
notice to Lessee, and Lessee shall thereafter be under no obligation to restore,
repair or rebuild said buildings or premises, and Lessee shall be under rio
obligation to pay any rental from and after the date of such damage or
destruction.
12. FIRE HAZARDS: The Lessee shall not do anything in the
premises or bring or keep anything therein which will increase the risk of fire,
or which will conflict with the regulations of the fire department or any fire
laws, or with any fire insurance policies on the buildings, or with any rules or
ordinances established by the board of health, or with any municipal, state or
federal laws, ordinances or regulations.
LEASE AGREEMENT - 3
13. LABOR CONTRL\.CTS AND El\IPLOYEES: The parties
expressly covenant and agree that all labor contracts and employment
agreements \vith employees shall be made directly \\/ith Lessee and that all such
employees shall be deemed solely the employees of Lessee and in no way
employees of Lessor. Lessee covenants and agrees to indemnify and hold
harmless Lessor of and from any liability for any acts of employees of Lessee
or any acts of persons \vorking for Lessee under a labor contract.
14. RIGHT OF INSPECTION: Lessor shall have the right to
enter the premises at any reasonable time to examine the same and to determine
the state of repair or alterations which shall or may be necessary for the safety
and preservation of the premises.
15. "VASTE PROHIBITED: Lessee shall not commit ~y waste
or damage to the premises hereby leased nor permit any waste or damage to be
done thereto.
16. LIABILITY: Lessor shall not be liable for any injury or
damage which may be sustained by any person or property of the Lessee or any
other person or persons, third party guests or invitees resulting from the
condition of said premises or any part thereof, or from the street or subsurface,
or from any other source or cause whatsoever, nor shall the Lessor be liable for
any defect, latent or otherwise, in any building, structure or improvement on or
hereafter constructed by Lessee on said premises, and Lessee agrees to
indemnify and hold harmless Lessor from such liability.
17. LIABILITY INSURANCE: Lessee shall maintain a
comprehensive liability insurance policy covering the premises and all buildings,
structures and improvements thereon during the term of this Lease with a
responsible insurance company, all at the sole cost and expense of Lessee, iri the
names and for the benefit of Lessee and Lessor in the sum of $500,000.00 single-
limit coverage. Lessee shall furnish Lessor with a certificate of such liability
insurance stating that said :insurance is in full force and effect during the term of
this Lease or any extension thereof and shall name Lessor as an additional
insured on such insurance policy or policies.
18. FIRE AND EXTENDED COVERJ.\GE INSURANCE:
Lessee shall be obligated to maintain fire and extended coverage on the
structures located on the premises for the full insurable value thereof and Lessee
shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor
with a certificate of such insurance coverage at least annually. Lessee may
maintain fire and extended coverage on the contents and personal property of
LEASE AGREEMENT.. 4
Lessee located with said structures as Lessee desires, but Lessor shall be under
no obligation to maintain any fire or extended coverage insurance on those
contents or personal property of Lesseew
19. CONDElYINATION: If the entire premises, or a substantial
part thereof, are condemned or taken by purchase in lieu thereof, then this Lease
shall terminate as of the time possession is taken. Any condemnation award
shall be divided between the parties hereto in accordance with and in proportion
to their respective Lessor and Lessee interests.
20w SURRENDER OF POSSESSION: Lessee agrees to
surrender possession of said leased premises, together with all buildings,
structures and improvements thereon and all fixtures therein, to Lessor at the
expiration of this Lease Agreement, wear and tear, reasonable use and occupancy
and damage by the elements excepted.
21. DISSOLUTION OF LESSEE: Lessee contractually requires
in its bylaws that in the event of its dissolution, all assets of Lessee sh3.J.l be
distributed to any 501(c)3 organization, not exclusively for purposes consistent
with Lessee's mission.
22. NOTICES: All notices required to be given to each of the
parties under the terms of this Agreement shall be given by depositing a copy of
such notice in the United States mail, postage prepaid and registered or certified,
return receipt requested, to the respective parties hereto at the following address:
Lessor:
City of Meridian, Idaho
33 E. Idaho Avenue
Meridian, ID 83642
Lessee:
BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC.
610 E. 42nd Street
Garden City, ID 83714
or to such other address as may be designated by writing delivered to the other
party. All notices given by certified mail shall be deemed completed as of the
date of mailing except as otherwise expressly provided herein.
23.' OPTION TO RENEW: Provided this Lease is in full force
and effect and the Lessee is not in default hereunder, Lessor hereby grants to
Lessee an exclusive option to renew this Lease for an additional term certain of
ten (10) years conunencing with the expiration of this Lease Agreement. All
LEASE AGREEMENT - 5
terms of a renewed Lease shall be the same as the terms of this Lease
Agreement. Should Lessee desire to exercise this Option to Rene\v, Lessee shall
notify Lessor in \vriting at least sixty (60) days prior to the expiration of the
original term of this Lease Agreement. In the event of Lessee's failure to notify
Lessor in the time and in the manner specified, this option shall be null and void.
In the event Lessee does not exercise the option as herein provided,
Lessor shall have the right to place signs upon said leased premises indicating
the same are available for lease or sale and Lessor shall have the right during
said sixty (60) days to shovv said leased premises to prospective lessees or
purchasers.
24. FIRST RIGHT OF REFUSAL: In the event, during the
term of the lease, Lessor receives a bona-fide offer to purchase the leased
premises and desires to accept said offer, then Lessor shall first send to Lessee
written notice setting forth the name of the prospective purchaser and the
proposed purchase price and terms and Lessor shall offer to sell the l~ased
premises to Lessee at the same price and upon the same terms set forth in said
notice. Lessee shall have thirty (30) days to accept or r~ject said offer. If Lessee
fails to accept said offer within said thirty (30) days, then Lessor shall have the
right to sell the demised premises to the person. and upon the price and terms as
set forth in said notice. Any such purchaser shall acquire the leased premises
subject to all of the terms and conditions of the Lease Agreement, including but
not limited to the right of first refusal set forth in this paragraph and the option
to renew as set forth in the previous paragraph.
25. REPRESENTATIONS: It is understood and agreed by and
between the parties that there are no verbal promises, implied promises,
agreements, stipulations, representations or warranties of any character
excepting those set forth in this Lease Agreement.
26. BINDING EFFECT: The provisions and stipulations hereof
shall inure to the benefit of and bind the heirs, executors, administrators, assigns
and successors in interest of the respective parties hereto.
27. SITUS: This Lease is established and accepted by the Lessee
under the laws of the State of Idaho, and all questions concerning its validity,
construction and administration shall be determined under such laws.
28. HEADINGS: The balded paragraph headings are for
convenience only and are not a part of this Lease agreement and shall not be
used in interpreting or construing this Lease agreement.
LEASE AGREEMENT - 6
,.-
(
29. SEVERA..BILITY: If any portion or portions of this Lease
shall be, for any reason, invalid or unenforceable, the remaining portion or
portions shall nevertheless be valid~ enforceable and carried into effect, unless
to do so \vould clearly violate the present legal and valid intentions of the parties
hereto.
LEASE AGREEMENT - 7
IN \\lITNESS VVHEREOF, Lessor and Lessee do execute this Lease
Agreement the day and year first above written.
\\\\\\11111111/1
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~ SEAL ~~~6!jCI'JC~~ 6-18-02-
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/1/;1. {!~~/T1' \\\\,,-, "Lessor"
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j\lIERID I.f\N, ID AH 0
BOYS & GIRLS CLUB OF ADA
COUNTY, IDAHO, INC.
By: ~ ~
~ _m cJ.' Dirtctrs
"Lessee"
j :J/Z:\ W ork\tYNYfcridian\Lcascofpolicedepttoboysandgirlsc lu b. wpd
LEASE AGREEMENT - 8
"
EXHIB IT "A"
Lots 5 and 10, and the Nonh 90 feet of Lot 6,7 and 8, and the East 8.5
feet of the South 30 feet of Lot 6, AlL in Block 6 of the Amended Plat of
the ORIGINAl TO\^INSITE OF MERIDIA1"I, as ShO\Vl1 on the Official
plat thereof, filed in Book 1 of Plats at Page 30, Official Records, Ada
County, Idaho.
LEASE AGREEMENT - 9
,,~iI' 1
t'
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LEASE AGREEl\1ENT
t; THIS AGREEMENT is made and entered into this I g 1& day of
~ t~ , 2002, by and between THE CITY OF MERIDIAN, IDi\HO, an
Idaho Nlunicipal Corporation, hereinafter referred to as the "Lessor, If and BOYS
& GIRLS CLUB OF ADA COUNTY, IDAHO, mew, hereinafter referred to as
the "Lessee. II
Recitals
YVHEREAS, Lessor owns the following described real property
which is currently used as a police station in the City of Meridian, Idaho; and
\VHEREAS, the police station will be moving to new quarters in the
near future; and
WHEREAS, Lessee desires to lease the following described real
property, at such time as it is vacated by the Lessor, for the purposes of operating
a boys and girls club; and
WHEREAS, it is deemed to be in the best interests of Lessor to
enter into this Lease Agreement and Lessor does so enter into this Lease
Agreement in reliance upon Lessee's intention.
NOW, THEREFORE, the parties covenant and agree that Lessor,
for and in consideration of the rents, covenants and agreements hereinafter
mentioned on the part and behalf of the Lessee to be paid, kept and performed,
does by these presents grant, demise and lease unto the Lessee, and the Lessee
does by these presents hire, rent and take from the Lessor, the following
described real property, hereinafter referred to as the "premises," to-wit: .
See Exhibit "A" attached hereto and, by this reference,
incorporated herein as if set forth in full.
TO HAVE AND TO HOLD the premises, together with its
appurtenances, privileges, rights and easements thereto belonging, unto the
Lessee for the term often (10) years, such term to commence on August 1,2002
or upon Lessor's vacation of the premises by the police department, and
LEASE AGREEMENT - 1
terminate ten (10) years from the commencement date, subject to an option to
rene"v as set forth in paragraph 23 of this Lease.
1. RENTAL: Lessee shall pay to Lessor the sum of One Dollar
($1.00) per year as and for rental of the premises, \vhich sum shall be payable
each year on the anniversary date of this Lease Agreement, commencing \vith the
execution of this Lease Agreement.
..., USE OF PREl'IIISES: Lessee intends to use the premises for
the operation of a boys and girls club according to the rules and regulations of
Lessee, and any other business that is compatible therewith, and shall not be
used for any other purpose or purposes without the prior written consent of
Lessor.
In its use of the premises, Lessee agrees that it will not discriminate
on the basis of race, creed or religion as to any youth using the facility: and
Lessee will comply with all civil rights laws, rules and regulations which apply
to governmental agencies in general. :
3. ALTERA.TIONS AND IMPROVEMENTS: Lessee shall
have the right to make improvements or alterations to the premises. Lessor and
Lessee agree that upon the termination of this Lease, or in the event the Lessee
voluntarily or involuntarily ceases to occupy the premises, all improvements and
alterations which shall have been made or added to the premises by Lessee shall
revert to the Lessor and shall become a part of the real property so leased herein.
4. .l\1AINTENANCE: Lessee will maintain the leased premises
and all improvements placed thereon by Lessee during the full term of this
Lease.
5. SIGN: Lessee shall have the right to place a reasonably sized
sign upon the premises for the purposes of announcing Lessee's facility;
provided, however, that said sign will not obstruct the vision of the lease'd
property on either side of the property subject to this Lease Agreement. Upon
termination of this Lease, Lessee shall have the right to remove said sign from
the premises so long as Lessee repairs any damage to the structure occasioned
by such removal at Lessee's own cost.
6. COMPLIANCE WITH LAW: Lessee agrees to comply
with all municipal, state and federal laws, rules, regulations and ordinances and
to do all things necessary to stay in compliance with the same.
LEASE AGREEMENT - 2
(
7. UTILITIES: It is expressly agreed that during the full term
of this Lease, Lessee shall furnish and promptly pay for all heat for the said
premises and shall pay for all other vvater, gas, electricity, power and other
utilities used in or about said premises at Lessee's O\\ln cost and expense.
8. TAXES AND ASSESSwIENTS: The premises is exempt
from taxes and assessments.
9. ASSIGNlVIENT OR SUBLEASING: Lessee shall not
assign this Lease without the written consent of Lessor first obtained.
10. AUTONLt\.TIC CANCELLATION: It is understood and
agreed that voluntary or involuntary filing of bankruptcy, or assignm.ent for the
benefit of creditors, or any other act of insolvency by or on behalf of the Lessee
shall automatically cancel this Lease, and Lessor shall be entitled to imme5=iiate
possession of the leased premises.
11. DAMAGE OR DESTRUCTION: It shall be Lessee's
responsibility to insure the buildings and improvements on the premises from
damage by fire, the elements, explosions or other causes. In the event of any
damage, Lessee will, at Lessee's own proper cost and expense, cause the same
to be repaired and restored to the same condition as before such damage was
done, subject to delays due to adjustment of insurance claims, strikes and other
causes beyond Lessee's control. If the buildings or structures on the premises
shall be so damaged as to be unfit in whole or in part for occupancy or use in the
manner and form as theretofore used, Lessee shall cause the same to be promptly
restored, repaired and rebuilt to the same condition as before such damage was
done; provided, hpwever, that if at any time during the term of this Lease or any
renewal thereof the buildings and structures located upon the premises shall be
destroyed to the extent of fifty percent (500/0) or more of the replacement cost of
all buildings and structures located upon the premises, the Lessor may elect to
tenninate the Lease as of the date of such damage or destruction by written
notice to Lessee, and Lessee shall thereafter be under no obligation to restore,
repair or rebuild said buildings or premises, and Lessee shall be under no
obligation to pay any rental from and after the date of such damage or
destruction.
12. FIRE HAZARDS: The Lessee shall not do anything in the
premises or bring or keep anything therein which will increase the risk of fire,
or which will conflict with the regulations of the fire department or any fire
laws, or with any fire insurance policies on the buildings, or with any rules or
ordinances established by the board of health, or with any municipal, state or
federal laws, ordinances or regulations.
LEASE AGREEMENT - 3
(
13. LABOR CONTRL.\.CTS AND El\IPLO"YEES: The parties
expressly covenant and agree that all labor contracts and employment
agreements with employees shall be made directly \vith Lessee and that all such
employees shall be deemed solely the employees of Lessee and in no way
employees of Lessor. Lessee covenants and agrees to indemnify and hold
harmless Lessor of and from any liability for any acts of employees of Lessee
or any acts of persons \vorking for Lessee under a labor contract.
14. RIGHT OF INSPECTION: Lessor shall have the right to
enter the premises at any reasonable time to examine the same and to determine
the state of repair or alterations which shall or may be necessary for the safety
and preservation of the premises.
15. "VASTE PROHIBITED: Lessee shall not commit any vyaste
or damage to the premises hereby leased nor permit any waste or damage to be
done thereto.
16. LIABILITY: Lessor shall not be liable for any injury or
damage which may be sustained by any person or property of the Lessee or any
other person or persons, third party guests or invitees resulting from the
condition of said premises or any part thereof, or from the street or subsurface,
or from any other source or cause whatsoever, nor shall the Lessor be liable for
any defect, latent or otherwise, in any building, structure or improvement on or
hereafter constructed by Lessee on said premises, and Lessee agrees to
indemnify and hold harmless Lessor from such liability.
17. LIABILITY INSURANCE: Lessee shall maintain a
comprehensive liability insurance policy covering the premises and all buildings,
structures and improvements thereon during the term of this Lease with a
responsible insurance company, all at the sole cost and expense of Lessee, in the
names and for the benefit of Lessee and Lessor in the sum of $500,000.00 single-
limit coverage. Lessee shall furnish Lessor with a certificate of such liability
insurance stating that said insurance is in full force and effect during the term of
this Lease or any extension thereof and shall name Lessor as an additional
insured on such insurance policy or policies.
18. FIRE AND EXTENDED COVERAGE INSURANCE:
Lessee shall be obligated to maintain fire and extended coverage on the
structures located on the premises for the full insurable value thereof and Lessee
shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor
with a certificate of such insurance coverage at least annually. Lessee may
maintain fire and extended coverage on the contents and personal property of
LEASE AGREEMENT - 4
Lessee located with said structures as Lessee desires, but Lessor shall be under
no obligation to maintain any fire or extended CO\lerage insurance on those
contents or personal property of Lessee.
19. CONDElVIN.t\. TION: If the entire premises, or a substantial
part thereof, are condemned or taken by purchase in lieu thereof, then this Lease
shall terminate as of the time possession is taken. Any condemnation award
shall be divided between the parties hereto in accordance with and in proportion
to their respective Lessor and Lessee interests.
20. SURRENDER OF POSSESSION: Lessee agrees to
surrender possession of said leased premises, together with all buildings,
structures and improvements thereon and all fixtures therein, to Lessor at the
expiration of this Lease Agreement, wear and tear, reasonable use and occupancy
and damage by the elements excepted.
21. DISSOLUTION OF LESSEE: Lessee contractually requires
in its bylaws that in the event of its dissolution, all assets of Lessee shill be
distributed to any 501(c)3 organization, not exclusively for purposes consistent
with Lessee's mission.
22. NOTICES: All notices required to be given to each of the
parties under the terms of this Agreement shall be given by depositing a copy of
such notice in the United States mail, postage prepaid and registered or certified,
return. receipt requested, to the respective parties hereto at the following address:
Lessor:
City of Meridian, Idaho
33 E. Idaho Avenue
Meridian, ID 83642
Lessee:
BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC.
610 E. 42nd Street
Garden City, ID 83714
or to such other address as may be designated by wpting delivered to the other
party. All notices given by certified mail shall be deemed completed as of the
date of mailing except as otherwise expressly provided herein.
23.' OPTION TO RENEW: Provided this Lease is in full force
and effect and the Lessee is not in default hereunder, Lessor hereby grants to
Lessee an exclusive option to renew this Lease for an additional term certain of
ten (10) years commencing with the expiration of this Lease Agreement. All
LEASE AGREEMENT - 5
/
I
/-
(
terms of a renewed Lease shall be the same as the terms of this Lease
Agreement. Should Lessee desire to exercise this Option to Rene\v, Lessee shall
notify Lessor in writing at least sixty (60) days prior to the expiration of the
original term of this Lease Agreement. In the event of Lessee's failure to notify
Lessor in the time and in the manner specified, this option shall be null and void.
In the event Lessee does not exercise the option as herein provided,
Lessor shall have the right to place signs upon said leased premises indicating
the same are available for lease or sale and Lessor shall have the right during
said sixty (60) days to sho'Yv said leased premises to prospective lessees or
purchasers.
24. FIRST RIGHT OF REFUSi-\.L: In the event, during the
term of the lease, Lessor receives a bona-fide offer to purchase the leased
premises and desires to accept said offer, then Lessor shall first send to Lessee
written notice setting forth the name of the prospective purchaser and the
proposed purchase price and terms and Lessor shall offer to sell the leased
premises to Lessee at the same price and upon the same terms set forth in said
notice. Lessee shall have thirty (30) days to accept or r~ject said offer. If Lessee
fails to accept said offer within said thirty (30) days, then Lessor shall have the
right to sell the demised premises to the person' and upon the price and terms as
set forth in said notice. Any such purchaser shall acquire the leased premises
subject to all of the terms and conditions of the Lease Agreement, including but
not limited to the right of first refusal set forth in this paragraph and the option
to renew as set forth in the previous paragraph.
25. REPRESENTATIONS: It is understood and agreed by and
between the parties that there are no verbal promises, implied promises,
agreements, stipulations, representations or warranties of any character
excepting those set forth in this Lease Agreement.
26. BINDING EFFECT: The provisions and stipulations hereof
shall inure to the benefit of and bind the heirs, executors, administrators, assigns
and successors in interest of the respective parties hereto.
27. SITUS: This Lease is established and accepted by the Lessee
under the laws of the State of Idaho, and all questions concerning its validity,
construction and administration shall be determined under such laws.
28. HEADINGS: The belded paragraph headings are for
convenience only and are not a part of this Lease agreement and shall not be
used in interpreting or construing this Lease agreement.
LEASE AGREEMENT - 6
fe'
f
29. SEVER.A.BILITY: If any portion or portions of this Lease
shall be, for any reason, invalid or unenforceable, the remaining portion or
portions shall nevertheless be valid, enforceable and carried into effect, unless
to do so would clearly violate the present legal and valid intentions of the parties
hereto.
LEASE AGREEMENT - 7
!
{
m \\fITNESS VYHEREOF, Lessor and Lessee do execute this Lease
Agreement the day and year first above written.
THE CIT
NfERIDI.AN, IDAHO
\\\\\\ II 111111//
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..... ~ v..... DC' M
2 ~ rt. ome, ayor __
~ SEAL ~~~".YCdJC~ 6-18-02-
- ~ 6' - ~A~~
\."1': Co(;.s "\ . '\~ pAttest: //
~// ()..,,.... r 1S ,0~ ".::-' William G. Berg, Jr., City Clerk
// \-~o ....1 \V,'
/ / / / J !J~~T '1. ' \ \ \' .... "Le s S 0 rU
.~:.. ,_.,~\
BOYS & GIRLS CLUB OF ADA
COUNTY, IDi\HO, me.
By: ~ ~
~ _I'd of' Dirtck:rs
"Lessee"
j uIZ:\ W ork\Nf\Jvleridian\Leascofpolicedcpttoboysandgirlsc lub. wpd
LEASE AGREEMENT - 8
EXHIBIT "A"
Lots 5 and 10, and the North 90 feet of Lot 6, 7 and 8, and the East 8.5
feet of the South 30 feet of Lot 6, ALL in Block 6 of the Amended Plat of
the ORIGINAL TOWNSITE OF lvIERID IAl'\J , as ShO\Vl1 on the Official
plat thereof, filed in Book I of Plats at Page 30, Official Records, Ada
County, Idaho.
LEASE AGREEMENT - 9
(
(
RESOLUTION NO
tJ2-J76
BY: JamtnjdeIJ-urt--&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ;& ~ay of
,T ~ , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERlDIAN, IDAHO, this /8#day of
,n~ , 2002.
(
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the (8-0...- day of J~ , 2002, the following action
has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOL YED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
William G. Berg, Jr.
-
-
-
CERTIFICATE OF CLERK - BOYS & GIRLS CLUB LEASE AGREEMENT
1
/
I
STATE OF IDAHO, )
: 5S:
County of Ada.
)
On ~~sl<6 day of dl/JVLt ,2002, before me,
)V\~~ , a Notary Public, appeared WILLIAM G.
BERG. JR., kno.wn or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
(SEAL)
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Notary Public for Idaho
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Commission Expires: - 2,8"' -05
Z:\ W ork\M\Meridian\Meridian 15360M\Resolutions City Hall\2002\CER TofCLKonRESOLUBoys&GirlsClubLeaseAgmt061702.doc
CERTIFICA TE OF CLERK - BOYS & GIRLS CLUB LEASE AGREEMENT
2
Meridian City Council Meeting
June 18, 2002
Page 7 of 61
Watson: Thank you.
L. Appointment of Impact Fee Committee Members and Administrator:
Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members
and Administrator. My recommendation to the Council is - on the members of the Impact
Fee Committee, there was a mistype on that Jim Keller is a member of the Meridian Parks
and Recreation Committee, not the department. And so I would like to submit the names
of Keith Borup, builder; Phil Krichbaum at JUS Engineers; Gene Strate, Ada County
Association of Realtors; Jim Keller, Meridian Parks and Ree. Commission, Dave
Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and
Zoning Department. Those are the names that I would like to have on the Impact Fee
Committee for consideration of the Council and then on the administrator I would like to
have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator.
So I will stand for any questions as to the appointments.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: No. I'd move the approval of those specific members to the City of Meridian Impact
Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator.
Bird: Second.
Corrie: Motion has been mad-e and seconded. Is there any further discussion? Hearing
none, roll-call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 7:
Resolution No. : Approve Lease Agreement with
Boys & Girls Club of Ada County, Inc. for use of old Meridian Police
Department building:
Corrie: Resolution, Item No.7. Resolution 02-376, approval of a lease agreement with
Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department
building. At this time I'd like to have the Clerk read the Resolution by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376. A
Resolution of the City of Meridian - excuse me - a resolution of the City Council of the
City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter
into on behalf of said municipality, an agreement entitled Lease Agreement between the
City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc.
Meridian City Council Meeting (
June 18, 2002
Page 8 of 61
("
\
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve Resolution No.. 02-376, approve the lease agreement with
the Boys & Girls Club of Ada County for the use of the old Meridian Police Department
and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, roll-call vote, Mr. Berg.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: AU yeas. Motion is carried..
MOTION CARRIED: All AYES.
Item 8:
Resolution No. Approve Lease Agreement with
Department of Corrections Parole & Probation for space in new
Meridian Police Department building:
Corrie: Item No. 8 is a Resolution to approve the lease Agreement between the
Department of Corrections Parole & Probation for space in the new Meridian Police
Department building.. Mr. Nary.
Nary: Mr. Mayor, I'd ask that we table Item No.8, Resolution No.. 02-377 - or do we give it
a number since we - okay. That we table Item No.8, the Resolution for the Lease
Agreement until our next meeting of June 24th.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say aye.. AJI ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Resolution No.
Resolution:
: Prosecutor Cross Deputization
Corrie: No.9, Resolution - and I must assume that it's going to be 02-377, which is a
Prosecutor Cross-Deputization Resolution. If the Clerk would read that by title of the
resolution..
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RESOLUTION NO. 02- 377
BY: Z~(7A ;$/'J-ct
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
RESCINDING THE AUTHORITY OF ANY OTHER AGENCY PROSECUTORS OR
THEIR DESIGNEES; AND RATIFYING AND CONFIRMING THE AUTHORITY OF
THE GARDEN CITY PROSECUTOR OR HIS/HER DESIGNEES; THE BOISE CITY
PROSECUTOR OR HIS/HER DESIGNEES; AND THE ADA COUNTY
PROSECUTING ATTORNEY OR HIS/HER DESIGNEES; TO ACT ON BEHALF OF
THE MERIDIAN CITY ATTORNEY, LEGAL DEPARTMENT, BY PROSECUTING
CASES ON BEHALF OF MERIDIAN CITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City wishes to rescind any and all other appointments as special
prosecuting assistant city attorneys and reappoint as appropriate on an annual basis;
WHEREAS, the City Attorney has the statutory authority and duty under Idaho
Code S50-207 A to prosecute all misdemeanors and infractions occurring within the city
limits;
WHEREAS, the City Attorney has the authority to transfer cases on a case-by-
case basis to other agencies for prosecution where conflicts may exist and where each
City Attorney wishes to cooperatively provide prosecutorial services as conflict counsel
for the other;
WHEREAS, the City of Meridian has Memorandum of Understanding with
Boise and Garden City to authorize their police officers to perform their lawful duties
with extraterritorial power;
WHEREAS, for the efficiency of the prosecution, the City Attorneys wish to
continue prosecuting all misdemeanor and infraction cases of their respective police
agency, regardless of original jurisdiction; and
WHEREAS, the City Attorney has nominated the following persons to the
Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1: That all previous appointments to act as Special Prosecuting Assistant City
Attorney are hereby rescinded.
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdenleanors and infractions
Page 1
SECTION 2: That the prosecutor for the City of Garden City or his/her designees, be
and the same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
SECTION 3: That the prosecutor for the City of Boise or his/her designees, be and the
same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
SECTION 4: That the Ada County Prosecuting Attorney, Greg H. Bower, or his/her
designees continue to be authorized to act as Assistant City Attorneys with respect to
matters referred to that office by the Meridian City Attorney.
SECTION 5: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ad ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
/0 - day of J~ ,2002.
/, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
{rgt?1- day of ~ , 2002.
-
-
z: \ W ork\M\Meridian \Meridian 153 60M\Reso 1 utions City Hal1\2002\RESO L UTI ONProsecutingbetweenBo iseGardenCity .doc
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdemeanors and infractions
Page 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the /8t5- day of J~ , 2002, the following action
has been taken and authorized. ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN RESCINDING
THE AUTHORITY OF ANY OTHER AGENCY PROSECUTORS OR THEIR DESIGNEES;
AND RATIFYING AND CONFIRMING THE AUTHORITY OF THE GARDEN CITY
PROSECUTOR OR HIS/HER DESIGNEES; THE BOISE CITY PROSECUTOR OR HIS/HER
DESIGNEES; AND THE ADA COUNTY PROSECUTING ATTORNEY OR HIS/HER
DESIGNEES; TO ACT ON BEHALF OF THE MERIDIAN CITY ATTORNEY, LEGAL
DEPARTMENT, BY PROSECUTING CASES ON BEHALF OF MERIDIAN CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to rescind any and all other appointments as special
prosecuting assistant city attorneys and reappoint as appropriate on an annual basis;
WHEREAS, the City Attorney has the statutory authority and duty under Idaho Code
~50-207 A to prosecute all misdemeanors and infractions occurring within the city limits;
WHEREAS, the City Attorney has the authority to transfer cases on a case-by-case basis
to other agencies for prosecution where conflicts may exist and where each City Attorney wishes
to cooperatively provide prosecutorial services as conflict counsel for the other;
WHEREAS, the City of Meridian has Memorandum of Understanding with Boise and
Garden City to authorize their police officers to perform their lawful duties with extraterritorial
power;
WHEREAS, for the efficiency of the prosecution, the City Attorneys wish to continue
prosecuting all misdemeanor and infraction cases of their respective police agency, regardless of
original jurisdiction; and
WHEREAS, the City Attorney has nominated the following persons to the Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
CERTIFICATE OF CLERK - PROSECUTING BETWEEN BOISE,
GARDEN CITY AND ADA COUNTY - MISDEMEANORS AND
INFRACTIONS
PAGE 2
SECTION 1: That all previous appointments to act as Special Prosecuting Assistant City
Attorney are hereby rescinded.
SECTION 2: That the prosecutor for the City of Garden City or his/her designees, be and the
same is hereby authorized to act as Assistant Meridian City Special Prosecuting Attorneys with
respect to matters referred to that office by the Meridian City Attorney.
SECTION 3: That the prosecutor for the City of Boise or his/her designees, be and the same is
hereby authorized to act as Assistant Meridian City Special Prosecuting Attorneys with respect
to matters referred to that office by the Meridian City Attorney.
SECTION 4: That the Ada County Prosecuting Attorney, Greg H. Bower, or his/her designees
continue to be authorized to act as Assistant City Attorneys with respect to matters referred to
that office by the Meridian City Attorney.
SECTION 5: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
SEAL
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,2002, before me, .. aA<lno--r-rU~
, a Notary Public, appeared WILLIAM G.
BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
STATE OF IDAHO, )
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County of Ada.
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CERTIFICATE OF CLERK - PROSECUTING BETWEEN BOISE,
GARDEN CITY AND ADA COUNTY - MISDEMEANORS AND
INFRACTIONS
PAGE 2
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MEMORANDUM
RECEIVEIF
JUN - 7 2002
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City of Meridian
Cit Clerk Offic€-
To:
Mayor Robert D. Corrie and Council Melnbers
Cc:
William G. Berg, Jr., .ty ClerIc and Milce Worley, Chief of Police
Wm. F. Nichols 4)
Prosecutor C ss Deputization
From:
Subj ect:
Date:
June 6, 2002
Attached to this Inemo is a draft Resolution authorizing cross
deputization of prosecutors. You may recall that seVerallTIOnths ago, at a worlcshop
meeting, I mentioned that Boise City attorney, Susan Mimura, had requested a
formal Resolution for cross deputization of prosecutors. Since that time, the City has
formalized its agreement with Boise City and Garden City regarding extraterritorial
acts by police officers of the respective jurisdictions, and this cross deputization of
prosecutors simply allows Meridian prosecutors to prosecute cases initiated by
Meridian police officers, regardless of what jurisdiction they are in at the tilue they
see the offense. Also, attached to this memo is a copy of the letter I received from
Ms. Mimura and the Resolution she is presenting to the Boise City Council.
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Council\MayorCouncilProsecutorCrossDeputizationRes060602Mema.doc
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RESOLUTION NO. 02-
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
RESCINDING THE AUTHORITY OF ANY OTHER AGENCY PROSECUTORS OR
THEIR DESIGNEES; AND RATIFYTNG AND CONFIRNrING THE AUTHORITY OF
THE GARDEN CITY PROSECUTOR OR HISIHER DESIGNEES; THE BOISE CITY
PROSECUTOR OR mS/HER DESIGNEES; AND THE ADA COUNTY
PROSECUTING ATTORNEY OR HISIHER DESIGNEES; TO ACT ON BEHALF OF
THE MERIDIAN CITY ATTORNEY, LEGAL DEPARTMENT, BY PROSECUTING
CASES ON BEHALF OF MERIDIAN CITY; AND PROVIDING AN EFFECTNE
DATE.
WHEREAS, the City wishes to rescind any and all other appointInents as special
prosecuting assistant city attorneys and reappoint as appropriate on an annual basis;
WHEREAS, the City Attorney has the statutory authority and duty under Idaho
Code S50-207 A to prosecute all misdemeanors and infractions occurring within the city
limits;
WHEREAS, the City Attorney has the authority to transfer cases on a case-by-
case basis to other agencies for prosecution where conflicts may exist and where each
City Attorney wishes to cooperatively provide prosecutorial services as conflict counsel
for the other;
WHEREAS, the City' of Meridian has Memorandum of Understanding with
Boise and Garden City to authorize their police officers to perform their lawful duties
with extraterritorial power;
WHEREAS, for the efficiency of the prosecution, the City Attorneys wish to
continut:! prosecuting all misdemeanor and infraction cases of their respective police
agency, regardless of original jurisdiction; and
WHEREAS, the City Attorney has nominated the following persons to the
Mayor..
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1: That all previous appoin'tn1.ents to act.as Special Prosecuting Assistant City
Attorney are hereby rescinded.
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdemeanors and infractions
Page 1
SECTION 2: That the prosecutor for the City of Garden City or bis/her designees, be
and the same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
. SECTION 3: That the prosecutor for the City of Boise or hislher designees, be and the
same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
SECTION 4: That the Ada County Prosecuting Attorney, Greg H. Bower, or hislher
designees continue to be authorized to act as Assistant City Attorneys with respect to
matters referred to that office by the Meridian City Attorney.
SECTION 5: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
PASSED BY THE COUNCIL OF THE CITY OF 1vffiRIDIAN, IDAHO, tIns
day of , 2002.
APPROVED BY THE MAYOR OF THE CITX OF 1vffiRIDIAN, IDAHO, this
day of , 2002.
MAYOR
ATTEST:
CITY CLERK
Z:\ W ork\11\Meri dian \Meridian 15360M\Reso Iu tions City HaIl\2002\RESO LUTI ONProsecutingbetweenBoiseGardenCity. doc
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdemeanors and infractions
Page 2
LEGAL DEPARTMENT
SUSAN LYNN MIMURA
CITY ATTORNEY
'1~l.U ~
BOISE
~.
Rr;EIVED
MAY 3 1 2002
WHITE PETERc;OIJi,..: BRENT COLES
~;J.. MAYOR
COUNCIL MEMBERS
MIKE WETHERELL
COUNCIL PRESIDENT
VERNON L. BISTERFELDT
PAULA B. FORNEY
JON MASON
CAROLYN TERTELING-PAYNE
M. JEROME MAP?
COUNCIL PRO TEM
May 28, 2002
1vfr. William Nichols
White, Peterson, Morrow, Gigray,
Rossman, Nye & Rossman
5700 East Frankli1;1 Road, Suite 200
Nampa, ID 83687
Dear Bill:
Since the Memoran~um of Understanding among the Boise Police, Meridian Police, and Garden
City Police Departments has finally been signed by all the agenci~s, I am initiating the enclosed
resolution for approval by the Boise City Council. As we discussed, this purpose of cross-
deputization is to .allo~ our respective prosecutors to handle cases of their respec~ve polic~
agency, without regard to the original jurisdiction. In other words~ my prosecutors will handle
tickets issued by Boise Police officers under the Memorandum of Understanding, regardless of
whether they are within Meridian or Boise city limits. In addition, this allows us to prosecute on
behalf of each others' agency in conflict cases. Once the resolution has been signed and
approved by the Boise City Council, I will forward a finalized copy for your records. I hope that
you will initiate a similar resolution on behalf of your client to permit Boise City staff to
prosecute Meridian cases as well. Please let me lrnow if I can provide any further information.
Sincerely,
san Lynn Mimura
City Attorney
SLMI dtlH:\WP\:May\cro".ltrowpd
Enclosure
CITY HALL. 150 N. CAPITOL BOULEVARD · P.O. BOX 500 · BOISE, IDAHO 83701-0500 . 208/384-3870
FAX 208/384-4454. An Equal Opportunity Employer · www.cityofboise.org,
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R" JROED- REQUEST OF
~~D.~ CuUNTY RECORDER
,L O..1VfD I~A_VARRO
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2002 IN 2 7 P t'.i I: I 3
FEE ~ DEPUTY ~.
.6:f; 102072 13
MERlDiAN elT'l .
~
ORDINANCE NO.
tJt-q~3
CITY OF MERIDIAN
AN ORDINANCE AMENDING ORDINANCE NO. 01-908
BY COUNCIL MEMBER: J::e/11L /J-;rd..---
#0
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 01-908
TO AMEND THE LEGAL AND FINDING THAT CERTAIN LAND TO BE KNOWN AS THE
LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE
OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION
IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY
TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK
OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, with attached MAP as Exhibit "A", by the owner of said
Property to-wit:
AMENDED ORDINANCE NO.Ol-908 ANNEXATION
AND ZONING ORDINANCE (AZ-OO-018) - 1
A tract of land located in the Northeast one-quarter of the Southeast one-quarter of
Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; more particularly
described as follows:
Commencing at the Northeast comer of the Southeast one-quarter of said Section 24,
thence along the easterly line of said Southeast one-quarter South 000-37' -31" West a distance of 188.40
feet to a steel pin located at the Southeast comer of that property conveyed to William o. Aaron and Jean
L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instnm1ent No. 8537566,
Records of Ada County, Idaho, said point being the POINT OF BEGINNING.
Thence along the southerly line of said Aaron tract, North 870-08' -00" West a distance
of 94.40 feet to a steel pin;
Thence continuing along the southerly line of said Aaron tract, North 890-58' -30" West
a distance of 1231.55 feet, more or less, to the Southwest comer thereof, said point being on the westerly
line of the Northeast one-quarter of the Southeast one-quarter of said Section 24;
Thence along said westerly line South 000-29' -01" West a distance of 1145.52 feet, more
or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said Section
24;
Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter
of said Section 24, South 890-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast
comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24;
Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter
of said Section 24, North 000-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF
BEGINNING.
AMENDED ORDINANCE NO.OI-908 ANNEXATION
AND ZONING ORDINANCE (AZ-OO-OI8)
- 2
(
The above described tract of land contains 34.84 acres, more or less, subject to all rights-
of-way and easements.
SECTION 2: That the above-described real property be, and the same is hereby annexed
and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps
as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries
of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City of Meridian
and the owner of the land described in Section 1 dated the 19th day of January, 2001, and that the uses
are to be developed under the planned unit development process and conditional use permit process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of Idaho,
to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy
AMENDED ORDINANCE NO.Ol-908 ANNEXATION
AND ZONING ORDINANCE (AZ-OO-018)
- 3
of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code ~63-2215 and S50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this (B-1!.. day of
~T~ , 2002.
APPROVED BY THE MAYOR OF T
~T ~ , 2002.
Y OF MERIDIAN, IDAHO, this I tfI5- day of
STATE OF IDAHO,)
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County of Ada. )
On this 11 day of):.-\JJVu.; , 7-00 1- , before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fIrst above written.
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AMENDED ORDINANCE NO.OI-90B ANNEXATION
AND ZONING ORDINANCE (AZ-OO-OIB)
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INST. NO. 97024920
NE1/4 OF THE SE -1/4
SECTION 24
SB9-SS'IB"[ 132103',
SOUTHEAST CORNER OF
'THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF
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.~AREI:)_ BY
'ROYLANCE AND ASSOCIATES p)
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. _: Engin~ers - Surveyors ~. Land, planners- , .
, 391 W State - Street Suite E
Eagle, Idaho 83616 .
(2G8}: 939-2824
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June 14, 2002
ZA 02-001
MERIDIAN CITY COUNCIL MEETING
June 18, 2002
APPLICANT Jim Jewett and B & A Engineers
REQUEST Ordinance No.
Subdivision Ordinance
ITEM NO.
1~
: Request for amendment to Zoning &
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~ ~~l___
See Previous Item Packet
See. (L,tl~ orcLindJYt-Q-
At? 6
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Date: &//l-1162 Phone: 64s-m L
Materials presented at public meetings shall become property of the City of Meridian.
/- >-
LEASE AGREEl\1ENT
-r; THIS AGREEMENT is made and entered into this / g t& day of
'J' t~ , 2002, by and betvveen THE CITY OF MERIDIAL'J, IDAHO, an
Idaho Municipal Corporation, hereinafter referred to as the "Lessor, II and BOYS
& GIRLS CLUB OF ADA COUNTY, IDAHO, INC., hereinafter referred to as
the "Lessee. II
Recitals
WHEREAS, Lessor owns the following described real property
which is currently used as a police station in the City of Meridian, Idaho; and
vVHEREAS, the police station will be moving to new quarters in the
near future; and
WHEREAS, Lessee desires to lease the follo\'ving described real
property, at such time as it is vacated by the Lessor, for the purposes of operating
a boys and girls club; and
WHEREAS, it is deemed to be in the best interests of Lessor to
enter into this Lease Agreement and Lessor does so enter into this Lease
Agreement in reliance upon Lessee's intention.
NOW, THEREFORE, the parties covenant and agree that Lessor,
for and in consideration of the rents, covenants and agreements hereinafter
mentioned on the part and behalf of the Lessee to be paid, kept and performed,
does by these presents grant, demise and lease unto the Lessee, and the Lessee
does by these presents hire, rent and take from the Lessor, the following
described real property, hereinafter referred to as the upremises," to-wit:
See Exhibit 'IAn attached hereto and, by this reference,
incorporated herein as if set forth in full.
TO HAVE AND TO HOLD the premises, together with its
appurtenances, privileges, rights and easements thereto belonging, unto the
Lessee for the term of ten (10) years, such term to commence on August 1,2002
or upon Lessor's vacation of the premises by the police department, and
LEASE AGREEMENT - 1
('
terminate ten (10) years from the commencement d~te, subject to an option to
rene\v as set forth in paragraph 23 of this Lease.
1. RENTAL: Lessee shall pay to Lessor the sum of One Dollar
($1.00) per year as and for rental of the premises, \vhich sum shall be payable
each year on the anniversaryr date of this Lease Agreement, commencing \"vith the
execution of this Lea.se Agreement.
'I USE OF PREwIISES: Lessee intends to use the premises for
the operation of a boys and girls club according to the rules and regulations of
Lessee, and any other business that is compatible there\vith, and shall not be
used for any other purpose or purposes without the prior \vritten consent of
Lessor.
In its use of the premises, Lessee agrees that it will not discriminate
on the basis of race, creed or religion as to any youth using the facility, and
Lessee \vill comply with- all civil rights laws, rules and regulations which apply
to governmental agencies in general.
. 3. AL TERJ.\. TIONS AND IMPROVEMENTS: Lessee shall
have the right to make improvements or alterations to the premises. Lessor and
Lessee agree that upon the termination of this Lease, or in the event the Lessee
voluntarily or involuntarily ceases to occupy the premises, all improvements and
alterations which shall have been made or added to the premises by Lessee shall
revert to the Lessor and shall become a part of the real property so leased herein.
4. . l\1AINTENANCE: Lessee will maintain the leased premises
and all improvements placed thereon by Lessee during the full term of this
Lease.
5. SIGN: Lessee shall have the right to place a reasonably sized
sign upon the premises for the purposes of announcing Lessee's facility;
provided, however, that said sign will not obstruct the vision of the leased
property on either side of the property subject to this Lease Agreement. Upon
termination of this Lease, Lessee shall have the right to remove said sign from
the premises so long as Lessee repairs any damage to the structure occasioned
by such removal at Lessee's own cost.
6. COMPLIANCE WITH LAW: Lessee agrees to comply
with all municipal, state and federal laws, rules, regulations and ordinances and
to do all things necessary to stay in compliance with the same.
LEA.SE AGREEMENT.. 2
(
7. UTILITIES: It is expressly agreed that during the full term
of this Lease, Lessee shall furnish and promptly pay for all heat for the said
premises and shall pay for all other \vater, gas, electricity, po\ver and other
utilities used in or about said premises at Lessee's o\vn cost and expense.
8. TAXES AND ASSESSl\IIENTS: The premises is exempt
from taxes and assessments.
9. ASSIGNl\IIENT OR SUBLEASING: Lessee shall not
assign this Lease without the written consent of Lessor first obtained.
10. AUTOlVl~~TIC CANCELLATION: It is understood and
agreed that voluntary or involuntary filing of bankruptcy, or assignment for the
benefit of creditors, or any other act of insolvency by or on behalf of the Lessee
shall automatically cancel this Lease, and Lessor shall be entitled to immediate
possession of the leased premises.
11. DAMAGE OR DESTRUCTION: It shall be Lessee's
responsibility to insure the buildings and improvements on the premises from
damage by fire, the elements, explosions or other causes. In the event of any
damage, Lessee will, at Lessee's own proper cost and expense, cause the same
to be repaired and restored to the same condition as before such damage \vas
done, subject to delays due to adjustment of insurance claims, strikes and other
causes beyond Lessee's control. If the buildings or structures on the premises
shall be so damaged as to be unfit in whole or in part for occupancy or use in the
manner and form as theretofore used, Lessee shall cause the smne to be promptly
restored, repaired and rebuilt to the same condition as before such damage was
done; provided, hpwever, that if at any time during the term of this Lease or any
renewal thereof the buildings and structures located upon the premises shall be
destroyed to the extent of fifty percent (50%) or more of the replacement cost of
all buildings and structures located upon the premises, the Lessor may elect to
terminate the Lease as of the date of such damage or destruction by written
notice to Lessee, and Lessee shall thereafter be under no obligation to restore,
repair or rebuild said buildings or premises, and Lessee shall be under no
obligation to pay any rental from and after the date of such damage or
destruction.
12. FIRE HAZARDS: The Lessee shall not do anything in the
premises or bring or keep anything therein which will increase the risk of fire,
or which will conflict with the regulations of the fire department or any fire
laws, or with any fire insurance policies on the buildings, or with any rules or
ordinances established by the board of health, or with any municipal, state or
federal laws, ordinances or regulations.
LEASE AGREEMENT - 3
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13. LABOR CONTRL\.CTS ANJ? E1\IPLOYEES: The parties
expressly covenant and agree that all labor contracts and employment
agreements \vith employees shall be made directly \\/ith Lessee and that all such
employees shall be deemed solely the employees of Lessee and in no \vay
employees of Lessor. Lessee covenants and agrees to indemnify and hold
harmless Lessor of and from any liability for any acts of employees of Lessee
or any acts of persons \vorking for Lessee under a labor contract.
14. RIGHT OF INSPECTION: Lessor shall have the right to
enter the premises at any reasonable time to examine the same and to determine
the state of repair or alterations which shall or may be necessary for the safety
and preservation of the premises.
15. vVASTE PROHIBITED: Lessee shall not commit ~y waste
or damage to the premises hereby leased nor permit any waste or damage to be
done thereto.
16. LIABILITY: Lessor shall not be liable for any injury or
damage \vhich may be sustained by any person or property of the Lessee or any
other person or persons, third party guests or invitees resulting from the
condition of said premises or any part thereof, or from the street or subsurface,
or from any other source or cause whatsoever, nor shall the Lessor be liable for
any defect, latent or otherwise, in any building, structure or improvement on or
hereafter constructed by Lessee on said premises, and Lessee agrees to
indemnify and hold harmless Lessor from such liability.
17. LIABILITY INSURANCE: Lessee shall maintain a
comprehensive liability insurance policy covering the premises and all buildings,
structures and improvements thereon during the term of this Lease with a
responsible insurance company, all at the sole cost and expense of Lessee, in the
names and for the benefit of Lessee and Lessor in the sum of $500,000.00 single-
limit coverage. Lessee shall furnish Lessor with a certificate of such liability
insurance stating that said insurance is in full force and effect during the term of
this Lease or any extension thereof and shall name Lessor as an additional
insured on such insurance policy or policies.
18. FIRE AND EXTENDED COVERAGE INSURANCE:
Lessee shall be obligated to maintain fire and extended coverage on the
structures located on the premises for the full insurable value thereof and Lessee
shall name Lessor as an additional insured thereon. Lessee shall furnish Lessor
with a certificate of such insurance coverage at least annually. Lessee may
maintain fire and extended coverage on the contents and personal property of
LEASE AGREEMENT - 4
Lessee located with said structures as Lessee desires, but Lessor shall be under
no obligation to maintain any fire or extended cOv"erage insurance on those
contents or personal property of Lessee.
19. CONDEl\IIN...L\ TION: If the entire premises, or a substantial
part thereof, are condemned or taken by purchase in lieu thereof, then this Lease
shall terminate as of the time possession is taken. ".:\ny condemnation a\vard
shall be divided bet\veen the parties hereto in accordance with and in proportion
to their respective Lessor and Lessee interests.
20. SURRENDER OF POSSESSION: Lessee agrees to
surrender possession of said leased premises, together \vith all buildings,
structures and improvements thereon and all fixtures therein, to Lessor at the
expiration of this Lease Agreement, wear and tear, reasonable use and occupancy
and damage by the elements excepted.
21. DISSOLUTION OF LESSEE: Lessee contractually requires
in its bylaws that in the event of its dissolution, all assets of Lessee shall be
distributed to any 501(c)3 organization, not exclusively for purposes consistent
with Lessee's mission.
22. NOTICES: All notices required to be given to each of the
parties under the terms of this Agreement shall be given by depositing a copy of
such notice in the United States mail, postage prepaid and registered or certified,
return. receipt requested, to the respective parties hereto at the following address:
Lessor:
City of Meridian, Idaho
33 E. Idaho Avenue
Meridian, ID 83642
Lessee:
BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC.
610 E. 42nd Street
Garden City, ID 83714
or to such other address as may be designated by writing delivered to the other
party. All notices given by certified mail shall be deemed completed as of the
date of mailing except as otherwise expressly provided herein.
23.. OPTION TO RENEW: Provided this Lease is in full force
and effect and the Lessee is not in default hereunder, Lessor hereby grants to
Lessee an exclusive option to renew this Lease for an additional term certain of
ten (10) years corrunencing with the expiration of this Lease Agreement. All
LEASE AGREEMENT - 5
terms of a rene\ved Lease shall be the same as the terms of this Lease
Agreement. Should Lessee desire to exercise this Option to Rene\v, Lessee shall
notify Lessor in writing at least sixty (60) days .prior to the expiration of the
original term of this Lease Agreement. In the event of Lessee's failure to notify
Lessor in the time and in the manner specified, this option shall be null and void.
In the event Lessee does not exercise the option as herein provided,
Lessor shall have the right to place signs upon said leased premises indicating
the same are available for lease or sale and Lessor shall have the right during
said sixty (60) days to sho\v said leased premises to prospective lessees or
purchasers.
24. FIRST RIGHT OF REFUSAL: In the event, during the
term of the lease, Lessor receives a bona-fide offer to purchase the leased
premises and desires to accept said offer, then Lessor shall first send to Lessee
written notice setting forth the name of the prospective purchaser and the
proposed purchase price and terms and Lessor shall offer to sell the leased
premises to Lessee at the same price and upon the same terms set forth in said
notice. Lessee shall have thirty (30) days to accept or r~ject said offer. If Lessee
fails to accept said offer \vithin said thirty (30) days, then Lessor shall have the
right to sell the demised premises to the person. and upon the price and terms as
set forth in said notice. Any such purchaser shall acquire the leased premises
subject to all of the terms and conditions of the Lease Agreement, including but
not limited to the right of first refusal set forth in this paragraph and the option
to renew as set forth in the previous paragraph.
25. REPRESENTATIONS: It is understood and agreed by and
between the parties that there are no verbal promises, implied promises,
agreements, stipulations, representations or warranties of any character
excepting those set forth in this Lease Agreement.
26. BINDING EFFECT: The provisions and stipulations hereof
shall inure to the benefit of and bind the heirs, executors, administrators, assigns
and successors in interest of the respective parties hereto.
27. SITUS: This Lease is established and accepted by the Lessee
under the laws of the State of Idaho, and all questions concerning its validity,
construction and administration shall be determined under such laws.
28. HEADINGS: The balded paragraph headings are for
convenience only and are not a part of this Lease agreement and shall not be
used in interpreting or construing this Lease agreement.
LEASE AGREEMENT - 6
29. SEVERJ.\.BILITY: If any portion or portions of this Lease
shall be, for any reason, invalid or unenforceable, the remaining portion or
portions shall nevertheless be valid, enforceable and carried into effect, unless
to do so vvould clearly violate the present legal and valid intentions of the parties
hereto.
LEASE AGREEMENT - 7
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IN VVITNESS VVI-IEREOF, Lessor and Lessee do execute this Lease
Agreement the day and year first above written.
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NIERlDIAL"J, IDAHO
BOYS & GIRLS CLUB OF ADA
COUNTY, IDAHO, INC.
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"Lessee"
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LEASE AGREEMENT - 8
EXHIBIT "A"
Lots 5 and 10, and the North 90 feet of Lot 6, 7 and 8, and the East 8.5
feet of the South 30 feet of Lot 6, ALL in Block 6 of the Amended Plat of
the ORIGINAL TOvVNSITE OF MERIDIAi"I, as ShO\VI1 on the Official
plat thereof, filed in Book 1 of Plats at Page 30, Official Records, Ada
County, Idaho.
LEASE AGREEMENT.. 9
RESOLUTION NO
tJ2.-J76
BY: KlIrJ In t4 de IJ..e,er r.-U
v
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAL~, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE lVIAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / g -day of
,7C~ , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 18#day of
~n~ ,2002. -
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RESOLUTION - BOYS & GIRLS CLUB OF ADA C~Jfn>MNWJ;I~\\\\""
LEASE AGREEMENT II/II:: I: nn\l\\\\
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and minutes
and do hereby certify that on the (S.a- day of .J?~ , 2002, the following action
has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO
ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"LEASE AGREEMENT", BETWEEN THE CITY OF MERIDIAN Al\fD BOYS & GIRLS
CLUB OF ADA COUNTY, IDAHO, INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO, INC., denoted as "LEASE
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,
the reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follo'\-vs:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with BOYS & GIRLS CLUB OF ADA COUNTY, IDAHO,
INC., entitled "LEASE AGREEMENT" a copy of which is attached hereto marked as Exhibit
"A" to this Resolution and to bind this City to its terms and conditions.
William G. Berg, Jr.
CERTIFICA TE OF CLERK - BOYS & GIRLS CLUB LEASE AGREEMENT
1
STATE OF IDAHO, )
: ss:
County of Ada.
)
On !l1is 1<6 day of dWVlL ,2002, before me,
'jt/t~' , a Notary Public, appeared WILLIAM G.
BERG. JR., kno'wn or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
(SEAL)
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2
Meridian City Council Meeting (
June 18, 2002
Page 7 of 61
(
Watson: Thank you.
L. Appointment of Impact Fee Committee Members and Administrator:
Corrie: Thank you, Brad. Item 6-L, the appointment of Impact Fee Committee Members
and Administrator. My recommendation to the Council is - on the members of the Impact
Fee Committee, there was a mistype on that Jim Keller is a member of the Meridian Parks
and Recreation Committee, not the department. And so I would like to submit the names
of Keith Borup, builder; Phil Krichbaum at JUS Engineers; Gene Strate, Ada County
Association of Realtors; Jim Keller, Meridian Parks and Rae. Commission, Dave
Folkerson, accountant; Dan Wood, developer, and Shari Stiles, Meridian Planning and
Zoning Department. Those are the names that I would like to have on the Impact Fee
Committee for consideration of the Council and then on the administrator I would like to
have Tom Kuntz of the Meridian Parks and Recreation Department as the administrator.
So I will stand for any questions as to the appointments.
Nary: Mr. Mayor?
Corrie: Mr. Nary.
Nary: No. lid move the approval of those specific members to the City of Meridian Impact
Fee Advisory Committee and also approval of Mr. Kuntz as the impact fee administrator.
Bird: Second&
Corrie: Motion has been made and seconded. Is there any further discussion? Hearing
none, roll-call vote, Mr. Clerk.
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: AIl ayes. Motion is approved.
MOTION CARRIED: ALL AYES.
Item 7:
Resolution No. : Approve Lease Agreement with
Boys & Girls Club of Ada County, Inc. for use of old Meridian Police
Department building:
Corrie: Resolution, Item No.7. Resolution 02-376, approval of a lease agreement with
Boys & Girls Club of Ada County, Inc., for use of the old Meridian Police Department
building. At this time lid like to have the Clerk read the Resolution by title only at this point.
Berg: Thank you, Mr. Mayor, Members of the Council. Resolution No. 02-376& A
Resolution of the City of Meridian - excuse me -- a resolution of the City Council of the
City of Meridian setting forth certain findings and purposes, authorizing the Mayor to enter
into on behalf of said municipality, an agreement entitled Lease Agreement between the
City of Meridian and Boys & Girls Club of Ada County, Idaho, Inc.
Meridian City Council Meeting (
June 18t 2002
Page 8 of 61
Corrie: Okay. Is there anyone from the audience that would like to have the resolution
read in its entirety? Okay. Council, I will entertain a motion on Resolution No. 02-376.
De \J'Jeerd:Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve Resolution No. 02-376, approve the lease agreement with
the Boys & Girls Club of Ada County for the use of the old Meridian Police Department
and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing
none, roll-call vote, Mr. Bergw
Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All yeas. Motion is carded.
MOTION CARRIED: ALL A YESw
Item 8:
Resolution No. : Approve Lease Agreement with
Department of Corrections Parole & Probation for space in new
Meridian Police Department building:
Corrie: Item No. 8 is a Resolution to approve the Lease Agreement between the
Department of Corrections Parole & Probation for space in the new Meridian Police
Department building. Mr. Nary.
Nary: Mr. Mayor, I'd ask that we table Item Now 8, Resolution Now 02-377 - or do we give it
a number since we - okay. That we table Item No.8, the Resolution for the Lease
Agreement until our next meeting of June 24th.
Bird: Second.
Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all
those in favor of the motion say ayew All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9:
Resolution No.
Resolution:
: Prosecutor Cross Deputization
Corrie: No.9, Resolution - and I must assume that it's going to be 02-377, which is a
Prosecutor Cross-Deputization Resolution. If the Clerk would read that by title of the
resolution.
(
(
NOTICE AND PUBLISHED SUMlVlARY
OR ORDINANCE PURSUANT TO I.C. 9 50-90 1 (A)
CITY OF lVIERIDIAN ORDINANCE NO. 02-955
PROVIDING FOR A ZONING A~IENDl\'IENT ORDINANCE
An Ordinance of the City of Meridian adopting zoning regulations and subdivision and
development amendments for the City of Meridian; providing for either deletions,
additions and/or revisions to the Definitions in Section 11-2-2; providing for deletions
and/or additions to Section 11-8-1-A to the Residential Zoning Schedule Of Use Control;
providing for deletions and/or revisions to Section 11-9-1 of the Zoning Schedule Of
Bulk And Coverage Controls; providing for revisions to 11-10- 7 pertaining to duplex
minimunl sizes and garage requirements and to change the title, and deleting and/or
adding language; providing for deletions and/or additions to Section 12-4-6D 1. and 2. to
the Zero-Lot-Line Building Lot Design Standards; providing for a new Section 12-4-14
pertaining to known as Common Drive Design Standards; providing for deletions and/or
additions to Section 12-6-2 for Planned Development Standards; providing-for deletions
and/or additions to Section 12-6-4 A to Residential Uses; and providing for effect of
invalidity; providing that all ordinances and resolutions in conflict are repealed and
rescinded; and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the
/'3tZ day of Jivr-e ,2002.
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City of Meridian = =
Mayor and City Council ~ SEAL ~
By: William Ge Berg, Jr., City Clerk ~ j10; f 2
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Adopted after first reading by suspension of the Rule as a[1f)~~srl~~~~ ~Jdano Code
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Second Reading:
Third Reading:
Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City HaII\2002 ORD\sUMMARYZONINGAMENDMENTORD NO 02-955.doc
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CITY OF MERIDIAN
ORDINANCE NO. 02- tf S- 5
C/C OS/21/02
BY: /LflIA jJ/r-d./
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 OF CHAPTER 2 OF
TITLE 11 DEFINITIONS PROVIDING FOR ADDITIONAL DEFINITIONS, DELETION OF
DEFINITIONS AND REVISING DEFINITIONS, AND AMENDING SUBSECTION A. OF
SECTION 1 OF CHAPTER 8 TITLE 11 RESIDENTIAL ZONING SCHEDULE OF USE
CONTROLTO ADD ADDITIONAL LANGUAGE AND DELETE LANGUAGE; AND AMENDING
SECTION 1 OF CHAPTER 9 OF TITLE 11 ZONING SCHEDULE OF BULK AND COVERAGE
CONTROLS TO DELETE LANGUAGE AND ADD ADDITIONAL LANGUAGE; AND
AMENDING SECTION 7 OF CHAPTER 10 OF TITLE 11 DUPLEX MINIMUM SIZE AND
GARAGE REQUIREMENT TO CHANGE THE TITLE AND TO ADD LANGUAGE AND
DELETE LANGUAGE; AND AMENDING SUBSECTION D. 1. AND 2. OF SECTION 6 OF
CHAPTER 4 OF TITLE 12 ZERO-LOT-LINE BUILDING LOTS TO ADD LANGUAGE AND
DELETE LANGUAGE; AND ENACTING A NEW SECTION 14 OF CHAPTER 4 OF TITLE 12
TO BE ENTITLED COMMON DRIVE DESIGN STANDARDS; AND AMENDING SUBSECTION
6. SECTION 2 OF CHAPTER 6 OF TITLE 12 PLANNED DEVELOPMENT STANDARDS TO
ADD LANGUAGE AND DELETE LANGUAGE; AND AMENDING SUBSECTION A OF
SECTION 4 OF CHAPTER 6 OF TITLE 12 RESIDENTIAL USES TO ADD LANGUAGE AND
DELETE LANGUAGE; OF THE ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT ORDINANCES MERIDIAN CITY CODE; PROVIDING FOR CONFLICTS TO
BE REPEALED, RESCINDED AND ANNULLED; PROVIDING VALIDITY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1: That Section 2 of Chapter 2 of Title 11 Definitions, be, and the same is hereby amended by
adding additional definitions, deletion of definitions and revising definitions, and the same shall read as
follows:
11-2-2 :DEFINITIONS:
ACCESSORY USE OR
STRUCTURE:
A use or structure on the same lot with, and of a nature customarily
incidental and subordinate, to the principal use or structure. An
accessory use or structure does not alter the essential characteristics of
the principal permitted use and does not include a building which is
defined herein as a "dwelling unit".
ZONING REGULATIONS AND SUBDMSION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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ADMINISTRATOR:
A designated member of the City staffwho is appointed by the Mayor,
and confIrmed by the Council, to administer this Title.
AESTHETIC:
Those qualities of a development or natural feature which contribute to
a pleasant environment.
AGRICUL TURE:
The use of land for farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, animal and poultry husbandry and
the necessary accessory uses for packing, treating or storing the
produce, provided, however, that:
A. The operation of any such accessory uses shall be secondary to
that of normal agricultural activities; and
B. The above uses shall not include the feeding or sheltering of
animals or poultry in pelU1ed enclosures within one hundred
feet (100') of any residential zoning district. Agriculture does
not include the operation or maintenance of a commercial
stockyard or feed yard where large numbers of livestock are
fed concentrated feeds, particularly for the purpose of fattening
for market.
ALLEY:
A public or private way with an improved driving surface of not less
than sixteen feet (16') nor more than twenty feet (20') wide and with a
platted width not wider than necessary to accommodate said driving
surface, drainage, utilities, fencing and appurtenant facilities, affording
only secondary means of access to abutting property at the back or side
of a property.
ALLOWED USES:
Same as "permitted use".
AMENITY:
Attractive, pleasant or agreeable qualities associated with the design of
a development or buildings and equipment.
AP ARTMENT:
A room or suite of rooms in a multiple-family structure which is
arranged, designed or used as a single housekeeping unit and has
complete and permanently installed kitchen and bathroom facilities.
APARTMENT HOUSE:
Any building, or portion thereof, which is designed, built, rented,
leased, let or hired out to be occupied as the home or residence of three
(3) or more families living independently of each other and doing their
own cooking in said building.
APPEAL:
A request for a rehearing or reconsideration or a request to a higher
authority for a change of the decision on the application, usually
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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because said application has been denied or approved with the
conditions by the Administrator, Commission or Council. This Title
sets forth the procedure which must be followed in the filing of an
appeal. A time element is stated, and the applicant must take action
within this period. An appeal must also be filed on appropriate forms
which have been adopted pursuant to this Title.
APPLICANT:
Any person initiating an application for subdividing or development of
land for the building or modification of any improvement on land.
Applicant also includes any person submitting a request for rezone,
conditional use, accessory use, annexation, or request to be allowed to
make any application authorized under this Title.
APPLICATION:
Proposals which are initiated by a person to the Commission and
Council for consideration. An application shall include, but not be
limited to, zoning amendments, conditional use permits, variances,
preliminary development plans or plats, final development plans or
plats, appeals, certificates of zoning compliance, certificates of
occupancy and annexation.
ARCHITECT:
A person who is qualified by reason of his knowledge of mathematics,
the arts, the physical sciences and the principals of architecture
acquired by professional education and experience, to engage in the
practice of architecture, Idaho Code section 54-301.
AREA
REQUIREMENT:
The designation given to the specific requirements set forth in a zone
or district by the Zoning Ordinance text. Area requirements refer to
the numerical standards established for a lot and building coverage in a
particular district.
AREAWIDE WASTE
TREATMENT
MANAGEMENT PLAN
(208 PLAN):
Section 208 of the Federal Water Pollution Control Act Amendments
of 1972 calls for a rational program for cleaner water by 1983. The
208 Plan, known as the "1977 Ada/Canyon Area -wide Waste
Treatment Management Plan", requires the development of water
quality solutions by State and local levels of government.
AUTOMOBLE
WRECKING YARD:
Premises on which two (2) or more currently non-licensed motor
vehicles or two (2) or more Motor vehicles not in operating condition
are standing more than thirty (30) days and are dismantled or stored.
"Motor vehicles" includes also mobile homes, trailers or trucks. Fully
enclosed buildings are exempt from this definition.
AUTOMOTIVE REPAIR:
The repair, rebuilding or reconditioning of motor vehicles or parts
thereof, including collision service, painting and steam cleaning of
vehicles.
ZONING REGULATIONS AND SUBDIVISION AND
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BABYSITTING:
The act of caring for children for consideration while the parents or
usual guardians are absent. If it is performed in the child's own home
or all the children are brothers and sisters of each other, this defmition
shall not be restricted as to the number of children. If it is performed
in the babysitter's home for children who are not all brothers and
sisters, this definition of babysitting shall be restricted to three (3)
children not any of which are related as brothers or sisters.
Babysitting is further defmed as being performed on a sporadic basis
and not on an every weekday basis. It is not to be confused with
daycare or the defmition of a childcare facility.
BASEMENT:
A portion of a building all or partly underground but having at least
one-half (2) of its height below the average level of the adjoining
ground.
BLOCK:
A group of lots, tracts or parcels within well-defined boundaries,
usually streets.
BOARDING OR LODGING
HOUSE:
A building (other than a hotel, motel or restaurant) where meals and/or
lodging are provided for compensation to three (3) or more persons
who are not members of the householder's family.
BUFFER STRIP OR ZONE:
An area established to protect one type of land use from possible
undesirable characteristics of another, as between industrial and
residential zones. The more intensive utilization of land to provide
screening from that of the less intensive.
BUILDING:
Any structure securely fixed to the land, and which is designed or
intended for the shelter, enclosure or protection of persons, animals,
chattels or property of any kind.
BUILDING, ACCESSORY:
A subordinate building detached from, but located on the same lot as
the principal building, the use of which is incidental and accessory to
that of the main building or use. (For illustration, see 11-20-1 of this
Title.)
BUILDING, EXISTING:
A building erected prior to the effective date of this Title or one for
which a legal building permit has been issued as of the effective date
of this Title's initial adoption on April 2, 1984.
BUILDING, HEIGHT:
The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point
of the roof for flat roofs, to the deck line of mansard roofs, and the top
of building walls for gable, hip and gambrel roofs.
BUILDING,
Any building which does not conform to the requirements of this Title.
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NONCONFORMING:
BUILDING, PRINCIPAL:
A building in which is conducted the main or principal use of the lot
on which said building is situated. Every dwelling in any R District is
a principal building. (For illustration, see Section 11-20-1 of this
Title. )
BUILDING SETBACK LINE:
An imaginary line established by this Title that requires all buildings
to be set back from lot lines. (For illustration, see Section 11-20-1 of
this Title.)
BUILDING SITE:
An area proposed or provided and improved by grading, filling,
excavation or other means for erecting pads for buildings.
BULK:
A term used to describe the size and relationships of buildings and
other structures, spaces, streets and parking and overall land area.
CARPORT:
A covered shelter for no more than three (3) automobiles open on two
(2) or more sides.
CEMETERY:
Land used or intended to be used for the burial of the human or animal
dead and dedicated for purposes, including crematories, mausoleums
and mortuaries if operated in connection with and within the
boundaries of such cemetery for which perpetual care and maintenance
is provided.
CERTIFICATE OF
OCCUPANCY:
A certificate which is issued by the Building Inspector to indicate that,
after construction of the building has been completed, or a use in an
existing building has been changed, the purpose for which the building
was constructed or changed is capable of being carried out in
accordance with the terms of this Title. A structure cannot be
occupied until a certificate of occupancy and license have been issued.
CHILD CARE FACILITY:
Any home, structure, or place where non-medical care, protection, or
supervision is regularly provided to children under fourteen (14) years
of age, for periods less than twenty four (24) hours per day, while the
parents or guardians are not on the premises. There are three (3) types
of childcare facilities:
A. Family Childcare Home: A childcare facility which provides
care for five (5) or fewer children throughout the day.
B. Group Childcare Home: A childcare facility which provides
care for six (6) to twelve (12) children throughout the day.
ZONING REGULATIONS AND SUBDIVISION AND
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CITY:
CLINIC (MEDICAL, DENTAL,
OPTICAL):
CLUB OR LODGE:
CLUSTER DEVELOPMENT
(INDUSTRIAL AND
COMMERCIAL):
CLUSTER DEVELOPMENT
(RESIDENTIAL ):
COMMERCIAL USE OR
BUSINESS:
COMMISSION:
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C. Childcare Center: A childcare facility which provides care for
more than twelve (12) children throughout the day.
It should be noted that in determining the type of childcare facility that
is being operated, the total number of children cared for during the day
and not the number of children at the facility at anyone time is
determinative.
The City of Meridian which has jurisdiction over the land under
consideration in this Title.
A building (other than a hospital) used by one or more health care
practitioners for the purpose of care, diagnosis or treatment of sick,
ailing, infirm, or injured patients, or those who are in need of medical
and surgical attention, but which building does not provide board,
room or regular hospital care and services.
A building or portion thereof on premises owned or operated by a
nonprofit organized association of persons for a social, literary,
political, educational, recreational or similar purpose primarily for the
exclusive use of enrolled members and their guests, but not including
any organization, group or association, the principal activity of which
is to render a service usually and ordinarily carried on as a business.
Units which are concentrated in one area, and served by common
parking roads and utilities.
Units which are concentrated in one area and surrounded by common
open space.
The purchase, sale or other transaction involving the handling or
disposition of any article, substance or commodity, or management of
office buildings, offices for recreational, entertainment or amusement
enterprises, or the maintenance and use of offices by professions and
trades rendering services. The purchase, sale or other transactions
involving the handling or disposition of any article, substance or
commodity, or the dispensing of services for livelihood or profit;
ownership or management of office buildings, offices for recreational,
entertainment or amusement enterprises or the maintenance and use of
offices by professions and trades rendering services is included in this
defmition.
The Planning and Zoning Commission which is appointed by the
Mayor and confirmed by the Council.
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COMMITTEE OR SPECIAL
COMMISSION:
COMMON DRIVE:
COMMUNITY SHOPPING
CENTER (COMMERCIAL):
COMPREHENSIVE PLAN:
CONDITIONAL USE:
CONDITIONAL USE
CONDOMINIUM:
CONTIGUOUS:
CONTRACTOR YARD:
CONY ALES CENT OR
NURSING HOME, REST
HOME:
1 See Appendix to this Code.
A group of citizens as appointed by the Mayor of the City of Meridian
and confirmed by the Council, or appointed by the Planning and
Zoning Commission to implement the policies of the
Comprehensive Plan or to assist with technical evaluation of
subdivisions, development or special plans and to make
recommendations to the Commission and Council.
A driveway serving up to four dwelling units.
A shopping center the size of which generally falls between
neighborhood and regional shopping centers. Generally one hundred
thousand to four hundred thousand (100,000 to 400,000) square feet of
gross floor space on a site of eight to thirty (8 to 30) acres.
The Comprehensive Plan which has been officially adopted by the
City of Meridian, Idaho.1
Same as "special use". A utilization of land having characteristics
such that it may be allowed in a particular zoning district only after
review by the Commission and Council, and granting of approval
imposing conditions deemed necessary to make the proposed use
compatible with other uses in the area.
Same as special use permit: Permit issued to allow a conditional use.
A system of individual fee ownership of units in a multi-unit structure
which is usually combined with joint ownership of common areas of
the structure and land.
Two (2) parcels of land which, at some point, have a common border.
Any parcel of land used for storage, maintenance or processing
incidental to the business of building, hauling, excavation, demolition
or similar activity and including any parcel of land used for the
incidental repair of machinery used for any of the above listed
acti vi ti es.
Any home, place or institution which operates or maintains facilities
providing convalescent, or chronic care, or both, for a period in excess
of twenty four (24) consecutive hours for two (2) or more patients not
related by blood or marriage to the operator, and said patients, who by
reason of illness or infirmity, are unable to properly care for
themselves.
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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CONVENIENCE CENTERS:
A commercial development offering goods at retail and personal
services to a limited area in population.
CONVENIENCE STORE:
A store offering goods, including gasoline, for sale at retail. The
offering for sale of services or goods pertaining to the repair or
servicing of vehicles shall not be included within this definition of
convenience store. See definition of Service Station.
COUNCIL:
The elected, legislative and governing body of the City of Meridian,
Idaho.
COURT:
A space which is open and unobstructed to the sky, on a lot, and
bounded on three (3) or more sides by building walls or fences.
COVENANT:
A written promise or plan.
CULVERT:
A drain that channels water under a bridge, street, road or driveway.
DAIRY FARM:
A farm whose principal function is the production of milk and milk
products and which may include the processing of milk so produced.
A dairy farm further refers to a dairy bam or processing facility or
feeding area where animals are kept, raised or fed in a restricted area.
DEDICATION:
The setting apart of land or interests in land for use by the public by
ordinance, resolution or entry in the official minutes as by the
recording of a plat. Dedicated land becomes public land upon the
acceptance by the City.
DEGRADATION:
To scale-down the desirability or stability of an area's physical
environment.
DENSITY:
A unit of measurement which specifies the number of dwelling units
per acre of land.
A. Gross Density: The number of dwelling units per acre of total land
to be developed, including public right-of-way.
B. Net Density: The number of dwelling units per acre of land when
the acreage involved excludes public and private right of way for
streets and roads.
DEVELOPED AREA:
That portion of development which contains all structures, roads and
site improvements. Common open space shall be deemed to be part of
the developed area.
ZONING REGULATIONS AND SUBDMSION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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DEVELOPMENT PLAN
(PRELIMINARY AND
FINAL DEVELOPMENT
PLANS):
DISTRICT OR ZONE:
DOMESTIC LIVESTOCK:
DOWN-ZONING:
DRIVE-IN ESTABLISHMENT:
DRY LINE SEWER:
DWELLING, MULTI-FAMILY:
DWELLING, SINGLE-
FAMILY DETACHED:
DWELLING~ SINGLE-
FAMILY ATTACHED:
DWELLING, THREE- F AMIL Y
(TRIPLEX):
DWELLING, TWO-F AMIL Y
(DUPLEX):
All plats, plans and/or submissions by a subdivider or developer in
whole or in part describing a development and considered by
the Commission and Council.
A portion of the City of Meridian within which certain uniform
regulations and requirements or various combinations thereof apply
under provisions of this Title. The letter "R" shall represent the
residential districts, with the number following the letter "R"
representing the maximum allowable dwelling units per acre. The
letter "C" shall represent the commercial districts. The letter "I" shall
represent the industrial district. The letters "LO" shall represent the
limited office district.
Cattle, dairy animals, sheep, goats and other grazing animals as would
be found on a normal farm livestock operation.
An action by an entity authorized to adjust zoning regulations which
results in the lowering of the zoning classification of a given tract,
tracts or area to a lesser land use; for example, an adjustment from
commercial to residential land use.
An establishment (other than a service station or truck stop) which is
designed to accommodate the motor vehicles and patrons in such
manner as to permit the occupants of such vehicles, while remaining
therein, to make a purchase or to receive services.
Sewer lines which have been installed as per City specifications before
connections to a Municipal wastewater treatment facility become a
reality.
A dwelling consisting offoUT (4) or more attached dwelling units.
A d"yTyTclling structure consisting of a single dwelling unit only,
separated from other dwelling units by open space.
A structure consisting of two (2) side-by-side dwelling units
where one single-family dwelling shares a common wall and a zero-
lot-line with one other single-family dwelling~ each on a single lot.
A dwelling consisting of three (3) attached dwelling
units.
A d'vyTclling structure on a single lot that is designed to be used
by two (2) families consisting of two (2) dwelling units which
may be either attached side by side or one above the other.
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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DWELLING UNIT:
Any building or portion thereof which meets adopted building codes
and is used as a residence or living quarters of one or more persons.
EASEMENT:
A permanent or temporary limited right of use of land for specific
purposes.
ENGINEER AND
PROFESSIONAL
ENGINEER:
A person who is qualified by reason afhis knowledge of mathematics,
the physical sciences, and the principles of engineering acquired by
professional education and practical experience, to engage in the
practice of professional engineering. See Idaho Code section 54-
1202(a) and (b).
ENTERTAINMENT
FACILITIES
(COMMERCIAL):
Any structure housing any "for profit" activity, which is generally
related to the entertainment field, such as motion picture theaters,
taverns, nightclubs, cocktail lounges, bowling alleys, and similar
entertairnnent activities.
EXCLUSIVE ZONING:
This is a term applied to a district on the Zoning Map in which only
one type of land use is permitted. There may be several variations of
the type of land use, but only one category is allowed. Illustrative of
this is where an area has been designated as an industrial district and
the ordinance text then sets forth the permitted uses and requirements
therefor. The text of an exclusive ordinance will indicate that only
industrial development will be allowed in this zone. With the
exception of conditional uses, all other uses such as residential and
commercial will be prohibited.
FAMILY:
A person living alone or two (2) or more persons living together as a
single housekeeping unit in a dwelling unit as distinguished from a
group occupying a boarding house, lodging house, motel or hotel.
FENCE:
An enclosure; especially, an enclosing barrier, as one to prevent
straying from within or intrusion into.
FENCE, OPEN:
A fence that does not restrict or impede vision or sight through the
fence by more than twenty percent (20%).
FLOODPLAIN:
The relatively flat area or low land adjoining the channel of a river,
stream, lake or other body of water which has been or may be covered
by water of a flood of 100-year frequency. The floodplain includes the
channel, floodway and floodway fringe, as established per the
engineering practices as specified by the Anny Corps of Engineers.
FLOOR AREA, NET:
That portion of the gross floor area of the building occupied by the
listed use or uses and shall include hallways, storage and packaging
space, dressing or restrooms and laboratory or work rooms. However,
ZONING REGULATIONS AND SUBDIVISION AND
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that floor space within the building reserved for parking or loading of
vehicles and basement space used only for building maintenance and
utilities shall be excluded.
GARAGE, PRIVATE:
An enclosed accessory building or an accessory portion of the main
building designed and used for indoor parking or storage of vehicles or
boats owned and operated by the occupant of the main dwelling. An
unattached garage is considered to be an accessory building.
GARAGE, PUBLIC:
A building or portion thereof (except a private garage) used or
designed to be used for the storage of motor vehicles.
GLARE:
To shine with a harsh, uncomfortably bright light.
GOVERNING BODY:
The Meridian City CounciL
GRADE:
The elevation of the fInished surface of the ground adjacent to the
midpoint of any exterior wall of a building or structure.
GRADE, ESTABLISHED:
The curb line grade at the lot lines as approved by the Ada County
Highway District Engineer or appropriate agency.
HABITAT:
The character of the natural environment needed to support native
plant and animal life.
HARDSHIP:
An unusual situation on the part of an individual property owner which
will not permit him to enjoy the full utilization of his property as is
enjoyed by others in the community. A hardship can exist only when
it is not self-created.
HEALTH AUTHORITY:
Central District Health Department or Idaho State Health and Welfare
Department.
HIGHWAY:
The entire width between the boundary lines of every way publicly
maintained when any part is open to the use of the public for vehicular
traffic, with jurisdiction extending to the adjacent property line,
including sidewalks, shoulders, berms and rights of way not intended
for motorized traffic. The term "street" is interchangeable with
highway.
HOME OCCUPATIONS,
URBAN AND RURAL:
Any gainful operation, profession or craft, which is customarily
incidental to or carried on in a dwelling place, and wherein the use is
clearly incidental and secondary to the use of the structure for dwelling
purposes.
ZONING REGULATIONS AND SUBDIVISION AND
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HOSPITAL:
An institution devoted primarily to the maintenance and operation of
facilities for the medical or surgical care of patients for twenty four
(24) hours or more. The term "hospital" does not include
convalescent, nursing or boarding homes, or any institution operating
solely for the treatment of mentally ill persons, drug addicts, liquor
addicts or other types of cases necessitating forcible confmement of
patients.
HOTEL:
A building contalmng six (6) or more bedrooms where overnight
lodging without individual cooking facilities is offered to the public
for compensation, and is primarily for the accommodation of transient
guests. A motel shall not be deemed to be a hotel.
IMPACT AREA:
That area duly negotiated and adopted pursuant to Idaho Code section
67-6526 by the City of Meridian and Ada County, State of Idaho, by
means of a separate ordinance. That area shall be governed by the
ordinances of the City of Meridian pertaining to zoning and
development.
IMPROVEMENT:
Any alteration to the land or other physical constructions associated
with building site developments.
INDUSTRIAL:
The manufacture, processing and testing of goods and materials,
including the production of power. It does not refer to the growing of
agricultural crops, or the raising of livestock, or the extraction or
severance of raw materials from the land being classified, but it does
include activities incidental thereto.
INGRESS AND EGRESS:
Entrance and exit.
INSTITUTION:
Building and land designed to aid individuals in need of mental,
therapeutic, rehabilitative counseling or other correctional services.
JUNKY ARD:
An outdoor space where waste, discarded, or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled, stored or
handled. Junkyard also includes house wrecking and structural steel
materials and equipment, but does not include such places where such
uses are conducted entirely within a completely enclosed building such
as pawn shops and establishments for the sale, purchase or storage of
used furniture and household equipment or for used cars in operable
condition, or salvaged materials which are incidental to manufacturing
operations.
KENNEL:
Any lot or premises on which three (3) or more dogs and/or cats and
other household domestic animals more than six (6) months of age are
housed, groomed, bred, boarded, trained, sold or cared for.
ZONING REGULATIONS AND SUBDIVISION AND
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LAND USE:
A term used to indicate the utilization of any piece of land whether it
be lot, plat, tract or acreage. Land use is an indication of the existing
development within a community and becomes the basis to formulate
district boundaries.
LAND USE PLAN:
The Meridian Comprehensive Plan.
LOADING AND
UNLOADING SPACE,
OFF-STREET:
An open hard-surfaced area of land (other than a street or public way)
in which the principal use is for the standing, loading and unloading of
motor vehicles, tractors or trailers.
LOT:
A parcel of land created by subdivision which is of sufficient size to
meet minimum zoning requirements for use, coverage and area and to
provide such yards and other open spaces as are herein required. A lot
shall have frontage on an approved public street or an approved private
street and may consist of: a) a single lot; b) a portion of a lot; and c) a
combination of complete lots, or of portions of lots.
LOT AREA:
The area of any lot shall be determined exclusive of streets, highways,
alleys, roads, rights of ways, irrigation easements and land which is
used for the conveyance of irrigation water, drainage water, creek or
river flows.
LOT, CORNER:
A lot abutting upon two (2) or more streets at their intersection or upon
two (2) parts of the same street, such streets or parts of the same street
forming an interior angle of less than one hundred thirty five degrees
(135 ). The point of intersection of the street lines is the "comer".
LOT COVERAGE:
The area of a zoning lot which is occupied by the principal building,
buildings or accessory buildings and the horizontally projected area of
the lot. The ratio is expressed as a percentage.
LOT, DEPTH:
The mean horizontal distance between the front and the rear lot lines.
Where the lot is irregular and the lot lines converge, the rear lot line
shall be deemed to be a line at a point where the side lot lines are not
less than ten feet (10') apart. (For illustration, see Section 11-20-1 of
this Title.)
LOT, DOUBLE FRONTAGE:
A lot with frontage on two (2) streets.
LOT, FLAG LOT:
A lot in the shape of a flag on a pole or similar design. A-4lag lot shall
huyy'"c a minimum frontagc of thirt)'" feet (30') on a public street and
structurc placed on a flag lot shall haTy'"c thc house facing the street
frontage.
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LOT, FRONTAGE:
LOT, INTERIOR:
The distance across the lot along the street right-of- way line.
A lot with only one frontage on a street.
LOT LINE, FRONT:
The line separating the lot from the principal street on which it fronts.
LOT LINE, REAR:
The lot line opposite and most distant from the front lot line or
conforming to lot depth.
LOT LINE, SIDE:
Any lot line other than a front or rear lot line. A side lot line
separating a lot from a street is also called a side street or flanking
street lot line. A side lot line separating a lot from another lot or lots is
also called an interior side lot line.
LOT LINES :
Property lines bounding the lot.
LOT OF RECORD:
A lot which is part of a subdivision recorded in the office of the
County Recorder; or a lot or parcel described by metes and bounds, the
description of which has been so recorded.
LOT, THROUGH:
A lot other than a comer lot having frontage on two (2) parallel or
approximately parallel streets. On a through lot, both street lines shall
be deemed front lot lines.
MAJOR SUBDIVISION:
All subdivisions not able to qualify as a minor subdivision. (defined
below. )
MANUF ACTURED
BUILDINGS:
A fabricated, transportable building (other than a mobile home)
designed to be incorporated at a building site into a structure to be
used for residential, commercial, industrial or agricultural purposes
and which has attached to the building a valid insignia which states
that the manufactured building is built in accordance with the Uniform
Building Code2 and applicable laws, rules and regulations. Buildings
to be used for residential purposes shall also include in the insignia
that such building is in compliance with HUD minimum property
standards for such construction.
MANUF ACTURING,
EXTRACTIVE:
Any mining, quarrying, excavating, processing, storing, separating,
cleaning or marketing of any mineral natural resource.
MANUF ACTURING,
HEAVY :
Manufacturing, processing, assembling, storing, testing and similar
industrial uses which are generally major operations and extensive in
character, require large sites, open storage and service areas, extensive
services and facilities, ready access to regional transportation and
normally generate some nuisances such as smoke, noise, vibration,
dust, glare, air pollution or water pollution.
2 See Title 10, Chapter 1 of this Code.
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MANUF ACTURING,
LIGHT:
Industrial uses which are usually controlled operations, relatively
clean, quiet and free of objectionable or hazardous elements such as
smoke, noise, odor or dust; which operates and stores within enclosed
structures, and which generate little industrial traffic and no nuisances.
MARQUEE:
A permanent roofed structure attached to and supported by the
building and projecting over public property.
MEATPACKlNG
(COMMERCIAL):
A facility which includes the canning, curing, smoking, salting,
packing and freezing of meat products, or a facility in which meat
products are processed for sale to the retail trade and where the
inspection of meat, meat by-products and meat food products are
maintained.
MINOR SUBDIVISION:
Any subdivision containing not more than four (4) lots fronting on an
existing or proposed street, or the extension of Municipal facilities, or
the creation of any public improvements, and not adversely affecting
the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the Comprehensive Plan, Zoning
Map, Zoning Ordinance or other ordinances.
MOBILE HOME:
A structure transportable in one or more sections which has attached to
the structure a valid insignia which states that the mobile home is in
compliance with Federal mobile home construction and safety
standards (RUD).
MOBILE HOME PARK:
A residential area which involves land under single ownership with
lots rented for the location of mobile homes and provision of facilities
and services to tenants by management.
MOBILE HOME
SUBDIVISION:
A subdivision designed and intended for exclusive mobile home
residential use.
MONUMENT:
Any permanent marker (either concrete, galvanized iron pipe or iron or
steel rods) used to identify any tract, parcel, lot or street lines, as
specified in Idaho Code section 50-1303.
MOTEL:
A building, or group of buildings on the same premises (whether
detached or in connected rows), containing sleeping or dwelling units
independently accessible from the outside, or central hallway, with
garage space or parking space located on the premises, and designed
for, or occupied by, travelers. The term includes, but is not limited to,
any buildings or building groups designated as auto courts, motor
lodges, tourist courts or by any other title or sign intended to identify
them as providing lodging to motorists.
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MOTOR VEHICLE REPAIR,
MAJOR:
MOTOR VEHICLE REPAIR,
MINOR:
MUNICIPAL WASTEWATER
COLLECTION AND
TREATMENT SYSTEM:
NEIGHBORHOOD
CONVENIENCE
CENTER (COMMERCIAL):
NONCONFORMING USE:
NURSERY OR
GREENHOUSE FOR
FLOWERS AND PLANTS
(COMMERCIAL ):
OPEN SPACE:
OPEN SPACE (COMMON):
Engine rebuilding or major reconditioning ofwom or damaged motor
vehicles, or trailers, collision service, including body, frame or fender
straightening or repair, and overall painting of vehicles within an
enclosed building.
Incidental repairs, replacement of parts and motor service to motor
vehicles, but not including any operation under "Motor Vehicle
Repair, Major".
Meridian City facilities for the central collection and treatment of
domestic wastewater, within the Meridian Urban Service Planning
Area, and provides for the removal of polluting constituents from
wastewater including reduction of biological oxygen demand,
suspended solids, fecal coliform and provides for disinfection of any
discharged water.
A shopping center having approximately thirty thousand to two
hundred thousand (30,000 to 200,000) square feet of gross floor space
and on a site of approximately four to eight (4 to 8) acres of land. It
would provide for the sale of convenience goods (food, drugs and
sundries) and personal neighborhood services for the day-to-day living
of the irmnediate neighborhood within which it is located.
The use of land or a use of a structure or building which is not in
conformance with the conditions or requirements of this Title.
Land, building structure or combination thereof for the storage,
cultivation and transplanting of live trees, shrubs or plants offered for
sale on the premises including products used for gardening
or landscaping.
An area substantially open to the sky which may be on the same lot
with a building. The area may include (along with the natural
environmental features) water areas, swirmning pools, tennis courts
and any other recreational facilities. Streets, parking areas, structures
for habitation, buildings, covered structures and the like shall not be
included.
Any private open space intended for use by occupants of a
development. The space may include, but is not limited to, recreation
areas, landscaped plazas, fountains, sitting areas, natural areas and is
meant to provide an open atmosphere. Cormnon private open space
does not include parking areas, vacant or undeveloped lots, or any
other space which does not contribute to the aesthetic quality of the
development.
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OPEN SPACE (PUBLIC):
Land in public ownership or control which includes, but is not limited
to, parks, recreation areas, water bodies, historical sites, public utility
easements, scenic routes, floodplains, slide areas, areas too steep for
safe construction, wildlife refuges, natural areas, forests, fisheries and
watersheds.
ORIGINAL PARCEL
OF LAND:
A lot or tract as recorded on any plat of record on file in the office of
the County Recorder or any unplatted contiguous parcel of land held in
one ownership and of record at the effective date of this Title, April 2,
1984.
OWNER:
The person or entity having the ownership of record in the property.
OWNERSHIP:
The individual, firm, association, syndicate, partnership or corporation
who has title of property.
PARKING AREA OR LOT
(PRIVATE):
An open, hard-surfaced area (other than a street or public way)
designed, arranged and made available for private passenger
automobiles of occupants of the building or buildings for which the
parking area is developed.
PARKING AREA OR LOT
(PUBLIC):
An open, hard-surfaced area (other than a street or public way) to be
used for the storage (for limited periods of time) of operable passenger
automobiles or commercial vehicles and available to the public
whether for compensation, free or as an accommodation to clients or
customers.
PARKING SPACE,
OFF-STREET:
For the purpose of this Title, an off-street parking space shall consist
of an area adequate for parking an automobile with dimensions
conforming to the requirements of this Title.
PARKS, PUBLIC AND
PRIVATE:
Any area that is predominately open space, used principally for active
or passive recreation, and not used for a profit-making purpose.
PARTY WALL:
A wall adjoining and parallel to the lot line which is used primarily by
the party upon whose lot the wall is located. Party walls may share
common foundations.
PERFORMANCE OR
DESIGN STANDARDS:
Standards which are often applied to industrial, residential and
commercial districts and place limits on such things as noise, dust,
glare, smoke, vibration, radioactivity and odors; any proposed use
which cannot meet these standards is not to be allowed, and once a use
has been permitted, it must maintain its ability to meet the standards or
else have its certificate of occupancy revoked.
PERFORMANCE OR
A financial guarantee by a subdivider or developer deposited and filed
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SURETY BOND:
PERMITTED USE:
PLANNED DEVELOPMENT
(PD):
POULTRY
SLAUGHTERHOUSE
AND/OR POULTRY
PACKING PLANT
(COMMERCIAL):
PROFESSIONAL OFFICES:
PUBLIC NOTICES:
PUBLIC SERVICE FACILITY:
with the City in the amount of the estimated construction cost
guaranteeing the completion of physical improvements according to
plans and specifications within the time prescribed by the agreement
by the developer. The bond involves an amount of money or other
negotiable security which is paid by the subdivider or developer to the
City Clerk and Recorder. The bond also guarantees that the subdivider
or developer will perform all actions required by the governing body
regarding an approved plat or plan, and provides that if the subdivider
or developer defaults and fails to comply with the provisions of an
approved plat or plan, the subdivider, developer or his surety will pay
damages up to the limit of the bond, or the surety will itself complete
the requirements of the approved plat or plan.
The utilization of land which shall be permitted to take place in a
zoning district as a use by right, subject only to the standards
established for the particular district and to any applicable overlay
district.
A type of conditional use in which a parcel of land is planned and
developed as a unit or single entity, under single ownership or
control, containing one or more uses, buildings, common open space
and/or recreation facilities.
All establishments maintained for the slaughtering of poultry or
preparing or processing of poultry products for human consumption in
any farm and wherein said products are so prepared for sale to the
retail outlets.
Structures where those engaged in a profession conduct their business
and activitye
The notice given by the City of Meridian or the applicant, which is
required, which provides notice to the public and area residents around
the area being considered that an application has been filed and that
the City will be holding a hearing at a time certain and date certain and
whereby the public and property owners will have an opportunity to
submit their views and ideas and evidence as to the proposed
development or zoning.
Buildings, power plants or substations, water storage tanks or
reservoirs, public garages or storage areas, water treatment plants or
pumping stations, sewage disposal or pumping plants, and other
similar public service structures owned and/or operated by a public
utility, railroad (whether publicly or privately owned), or a Municipal
or other governmental agency.
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PUBLIC USES:
Public parks, schools, administrative and cultural buildings, and
structures, but not including public land or buildings devoted solely to
the storage and maintenance of equipment and materials and public
service facilities. Also public-owned buildings, fire and police
stations, libraries, post offices and public utility administration
buildings.
PUBLIC UTILITY:
Any person, entity or Municipal department that is duly authorized to
furnish to the public under regulation such as, but not limited to,
electricity, gas, stearn, telephone, transportation or water.
QUASI-PUBLIC USE:
Churches, Sunday schools, parochial schools, hospitals, convalescent
or retirement homes, colleges and other facilities of an educational,
religious, charitable, philanthropic or nonprofit nature.
REGIONAL SHOPPING
CENTER (COMMERCIAL):
The largest of shopping centers which is all-inclusive and self-
sufficient with at least two (2) large department stores as the major
tenants and generally serves a population of approximately one
hundred fifty thousand (150,000) or more. It is a center having over
seven hundred fifty thousand (750,000) square feet of gross floor
space and located on a site greater than seventy-five (75) acres.
REP AIR:
The reconstruction, renewal or maintenance of real or personal
property.
RESEARCH ACTIVITIES:
Research, development and testing related to such fields as chemical,
pharmaceutical, medical, electrical, transportation, plamring and
englneenng.
RESERVE STRIP:
A strip of land between a partial street and adjacent property which is
reserved or held in public ownership for future street extension or
widening.
RESTAURANT:
Any land, building or part thereof (other than a boarding house) where
meals are provided for compensation.
RIGHT-OF-WAY:
A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or
service areas. In addition to the roadway, it incorporates the curbs,
special features required by the topography or treatment such as grade
separation, landscaped areas, viaducts and bridges.
ROADSIDE STAND:
A temporary or mobile structure designed or used for the display or
sale of products or services.
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SANIT ARIUM:
SCHOOL (KINDERGARTEN,
ELEMENTARY,
INTERMEDIATE OR HIGH):
SCREENING:
SEAT:
SERVICE STATION:
SETBACK LINE:
SIDEW ALK:
SIGN:
A health station or retreat or any place where resident patients are kept
and which specializes in giving clinical, temporary and emergency
services of a medical or surgical nature to patients and injured persons
and general medical practice as distinguished from treatment of mental
and nervous disorders (not excluding surgical and post-surgical
treatment of mental patients) and as licensed by the Idaho State
Department of Health as sanitariums.
An institution of learning (either public or privately supported) which
offers instruction in the several branches of learning and study
required to be taught in the public schools by the State of Idaho. High
school includes junior and senior high.
See definition of Buffer Strip or Zone.
The place at, or the thing on, which one sits. For purposes of
determining the number of off-street parking spaces for certain uses,
the number of seats is the number of seating units installed or indicated
or each eighteen (18) lineal inches of benches, pews, or space for loose
chairs.
Buildings and premises where gasoline, oil, grease, batteries, tires and
motor vehicle accessories may be supplied and dispensed at retail and
where minor motor repair and services may be rendered. Uses
permissible at a service station do not include major body work,
straightening of body parts, painting, welding, storage of automobiles
not in operating condition, or other work involving noise, glare, fumes
or smoke.
A line established by this Title, generally parallel with and measured
from the lot line, defining the limits of a yard in which no building
may be located above ground except as may be provided in this Title.
(See Section 11-20-1 of this Title.)
That portion of the road right of way outside the roadway which is
improved for the use of pedestrian traffic.
Any structure or natural object, such as a tree, rock, bush, the ground
itself or part thereof, or device attached thereto or painted or
represented thereon, which shall be used to attract attention to any
object, product, place, activity, person, institution, organization or
business or which shall display or include any letter, word, model,
banner, flag, pennant, insignia device or representation used as, or
which is in the nature of an announcement, direction or advertisement.
For the purpose of this defmition, the word "sign" does not include the
flag, pennant or insignia of any nation, state, city or other political unit
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or any political, educational, charitable, philanthropic, CIVIC,
professional, religious or like campaign, drive, movement or event.
SIGN, OFF-PREMISES:
Any sign unrelated to a business or profession conducted or to a
commodity or service sold or offered upon the premises where such
sign is located.
SIGN, ON-PREMISES:
Any sign related to a business or profession conducted or to a
commodity or service sold or offered upon the premises where such
sign is located.
SITE PLANNING:
The location of buildings and activities within a physical environment.
A site plan includes shapes and location of buildings and structures,
circulation and parking layouts, landscaping features and numerous
other design factors that relate to the improvement of a parcel of land.
SLAUGHTERHOUSE AND
MEAT PACKING
(COMMERCIAL):
A facility which includes a slaughtering, meat canning, curing,
smoking, salting, packing, rendering or freezing of meat products
or a facility in which meat products are so processed for sale to the
public and where the inspection of meat, meat by-products and meat
food products are maintained.
SPECIAL USE:
Same as "conditional use".
STABLE, PRIVATE:
A detached accessory structure for the keeping of one or more horses,
mules or cows owned and used by occupant of the premises and not
for remuneration, hire or sale.
STABLE, RIDING:
A structure used or designed for the boarding or care of riding horses.
STANDARD
SPECIFICATIONS:
The specifications as specified in this Title and as officially adopted by
the City.
STATE:
The State of Idaho.
STOCKYARD OR FEED-
LOT (COMMERCIAL):
An enclosure where fowls or animals are kept in a restricted area and
where less than ten percent (10%) of the feed for such poultry or
livestock is produced by the owner on his immediate, owned farm or
leased property.
STORY:
That portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the
topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the
finished floor level (directly above a basement, cellar or unused under-
floor space) is more than six feet (6') above grade (as defmed herein)
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for more than fifty percent (50%) of the total perimeter or is more than
twelve feet (12') above grade as defined herein at any point, such
basement, cellar or unused under-floor space shall be considered as a
story .
STREET:
A right of way which provides vehicular and pedestrian access to
adjacent properties. The term "street" also includes the terms
highway, thoroughfare, parkway, road, route, avenue, boulevard, lane,
place, and other such terms.
STREET, HALF:
A portion of the width of a street, usually along the edge of a
subdivision or development, where the remaining portion of the street
could be provided in another subdivision or development.
STREET LINE:
A line separating an abutting lot, or parcel, from a street.
STREET, PROPOSED:
The undedicated portion of a street alignment, or proposed widening
of an existing street as proposed on the Ada County Major
Thoroughfares Plan, or any State or Federal highway, the alignment of
which is officially approved.
STREET, RURAL SYSTEM:
A. Principal Arterial: A connected rural network of continuous
routes which serves corridor movements having trip length and travel
density characteristics indicative of substantial statewide or interstate
traveL
B. Minor Arterial: In conjunction with the principal arterial
system, the minor arterial road system forms a rural network. Major
characteristics of the system are to link cities, larger towns and provide
inter-county service. These routes are designed to provide for
relatively high overall travel speeds, with minimum interference to
through movement.
c. Major Collector Road: That which provides service to any
county seat not on an arterial route and links these places with nearby
larger towns or cities or with routes of higher classification. Major
collectors serve the more important intra-county travel corridors.
D. Minor Collector Road: That which collects traffic from local
roads and brings developed areas within a reasonable distance of a
collector road. Minor collector roads provide service to the remaining
smaller communities.
E. Local Road: That which provides access to adjacent land and
provides service to travel over relatively short distances.
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The functional street classification defInitions are summarized
descriptions of the functional street guidelines that are used by the
Federal Highway Administration.
STREET, URBAN SYSTEM:
A. Principal Arterial: Should carry the major portion of trips
entering and leaving the urban area as well as the'majority of the
through-trips desiring to bypass the central city. In addition,
significant inter-area travel (such as between central business districts
and outlying residential areas, between major inner city communities,
or between major suburban centers) should be served by this class of
facili ti es.
B. Minor Arterial: That which interconnects with, and augments,
the urban principal arterial system and which provides service to trips
of moderate length at a somewhat lower level of travel mobility than
major arterials. Minor arterials place more emphasis on land access
than the higher, principal arterial system.
C. Collector Street: That which provides both land access,
service and traffic circulation within residential neighborhoods,
commercial and industrial areas. Collectors also collect traffic from
local streets in residential neighborhoods and channel it into the
arterial system.
D. Local Street: That which comprises all facilities not on the
other of the higher systems. Local streets serve primarily to provide
direct access to abutting land and access to the higher order system.
Examples of local streets are "alleys" (which provide secondary access
at the back or side of a property otherwise abutting a street);
"loopstreets" (a minor street with both terminal points on the same
street or origin); "cul-de-sac" (a street connected to another street at
one end only and provided with a turnaround space at its terminus);
"partial street" (a dedicated right of way providing only a portion of
the required street width, usually along the edge of a subdivision or
tract of land); and "private street: (a parcel of land providing vehicular
and pedestrian access to adjacent properties from a publicly dedicated
right of way and which is recorded in the Ada County Recorder's
office as a perpetual easement to the property owners taking access
therefrom or the ownership of which is vested in the property owners
taking access therefrom). All private street access must be approved
by the CounciL Another local street which is utilized often by a city is
"frontage road". It is a local, auxiliary road to, and located on the side
of, an arterial highway for service to abutting property and adjacent
areas and for control access to the property adjoining the highway, and
to maintain circulation of traffic on each side of the highway.
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STRIP, COMMERCIAL AND
INDUSTRIAL:
A development pattern characterized by lots in a continuous manner
fronting on streets and resulting in numerous access points to the
street.
STRIP ZONING:
Zoning usually found along a major roadway which is developed
simply as a pattern following the outline of the road and without
foundation in the comprehensive study or in fact.
STRUCTURAL
ALTERATION:
Any change in the structural members of a building such as walls,
columns, beams or girders.
STRUCTURE:
Anything constructed or erected in which the use requires permanent
location on the ground or attachment to something having a permanent
location on the ground. Among other things, structures include
buildings, mobile homes, walls and billboards. Fences shall be
deemed a structure. Public utility power poles shall not be deemed a
structure.
SUBDIVIDER OR
DEVELOPER:
The person who executes an application or initiates proceedings for the
subdivision of land in accordance with the provisions of this Title. He
need not be the owner of the property; however, he shall be an agent of
the owner or have sufficient proprietary rights in the property to
represent the owner and his acts and representations shall be binding
upon the owner.
SUBDIVISION:
The result of an act of dividing an original lot, tract or parcel of land
into two (2) or more parts. The term "subdivision" shall also include
the dedication of a public street and the addition to, or creation of, a
cemetery. However, this Title shall not apply to any of the following:
A. An allocation of land in the settlement of an estate of a
decedent or a court decree for the distribution of property;
B. The unwilling sale of land as a result of "legal condemnation"
as defined and allowed in the Idaho Code;
C. The widening of existing streets to conform to the Meridian
Comprehensive Plan;
D. The acquisition of street rights of way by a public agency in
conformance with the Meridian Comprehensive Plan; and
E. The exchange of land for the purpose of straightening property
boundaries which does not result in the change of the present land
usage.
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,r
SUPPLY YARDS:
SURVEYOR:
TOWNHOUSE eR:
RO\V HOUSE:
TRAILER, RECREATIONAL
VEHICLE AND
MOTOR HOME:
TRANSITIONAL USE:
TRIP GENERATION:
TRUCK STOP:
UNDEVELOPED AREA:
A commercial establishment storing and offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain and
similar goods.
A person qualified by reason of his knowledge of the principles of
surveying acquired by education and experience, and who is
authorized by the laws of the State of Idaho to practice land surveying.
See Idaho Code section 54-1202(f).
A royyyy'" oftv./o (2) structure consisting of three (3)or more attached
single- family dwellings. Each dwelling is built with similar
architectural treatment, is separated by yy'"crtical diYv'"isions b~y part)'" or
common lot line walls, and each dwelling has private entrances
(usually front and rear).
Any vehicle or structure constructed in such a manner as to permit
occupancy thereof as living quarters or the conduct of any business,
trade, occupation, or use as a selling or advertising device or use for
storage or conveyance for tools, equipment or machinery and so
designed that it is or may be mounted on wheels and used as a
conveyance on highways and streets and propelled or drawn by its
own or other motor power.
A use of land designed to serve as a buffer between conflicting land
uses such as single-family residential uses and commercial or
industrial uses or between residential uses and heavily traveled traffic
arterials. Uses designated as transitional uses in each particular district
are deemed to be those which are more or less compatible to the
conflicting uses.
An element of a traffic volume survey which indicates the number of
automobile, bus, pedestrian or bicycle trips produced or generated in a
specific area or by a specific use. As an example, an office building
generates "x" number of trips to work by its employees and "x"
number of trips home from work.
A service station or commercial enterprise using the premises
primarily to sell and supply motor fuel, lubricating oils and greases to
on-premises trade including large trucks as well as automobiles and
including the sale of tires, batteries, automotive accessories, related
services, major and minor motor vehicle repairs as well as special
services to operators and drivers of trucks operating on an interstate
basis.
That portion of a development which is left unimproved or a parcel of
land which is unimproved.
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
25
URBAN SERVICES:
According to this Title, urban services shall include, but not be limited
to, the following where applicable: Municipal central sewer and water
facilities; pedestrian walkways and bicycle paths; open space; parks;
recreation lands; police and fire protection; public transit; schools;
libraries; storm drainage; and urban standard streets and roads.
URBAN SPRAWL:
Scattered development which is not contiguous to the urbanized part of
a municipality. Sprawl is characterized by significant amounts of
vacant land intermixed with parcels of urban development and with
formless dispersal of a congested urban area with little or no regard for
the interrelationships of such factors as transportation, employment,
health and recreational needs.
USE:
The specific purposes for which land or a building is designated,
arranged, intended or for which it is or may be occupied, maintained,
let or leased.
VARIANCE:
A variance is a modification of the requirements of this Title as to lot
size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings or other provisions of this
Title. A variance shall not be considered a right or special privilege,
but may be granted to an applicant only upon a showing of undue
hardship because of the characteristics of the site and that the variance
is not in conflict with the public interest.
VEHICLE:
Every device in, upon or by which any person or property is or may be
transported or drawn upon a public highway or street excepting
devices moved exclusively by human power or used exclusively upon
stationary rails or tracts.
VESTED RIGHTS:
Vested rights, if properly used, refer to rights which have been accrued
to an individual as a result of a condition which has existed for a
period of time. A vested right is one in which the individual cannot be
denied rights that may have existed to him.
VETERINARY,ANTIMAL
HOSPITAL OR CLINIC:
A place used for the care, grooming, diagnosis and treatment of sick,
ailing, infirm or injured animals and those who are in need of medical
or surgical attention and may include overnight accommodations on
the premises for the treatment, observation or recuperation. It may
also include boarding that is incidental to the primary activity.
VICINITY MAP:
A drawing which sets forth by dimensions or other means the
relationship of the proposed development to other nearby
developments, landmarks or community facilities and services within
the general area in order to better locate and orient the area in question.
ZONING REGULATIONS AND SUBDMSION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
26
WALKWAY:
A public way for pedestrian use only, whether or not along the side of
the road.
WET LINE SEWER:
Sewer lines which are connected to a Municipal wastewater treatment
facility as per City specifications.
Y ARD:
A required open space, other than a court, unoccupied and
unobstructed by a structure or portion of a structure from three feet (3 ')
above the general ground level of the graded lot upward; provided, that
accessories, ornaments and furniture may be permitted in any yard and
subject to height limitations and requirements limiting obstruction of
visibility. (For illustration, see Section 11-20-1 of this Title.)
A. Front Yard: A yard extending between side lot lines across the
front of a lot and from the front lot line to the front of the principal
building.
B. Rear Yard: A yard extending between side lot lines across the
rear of a lot and from the rear lot line to the rear of the principal
building.
c. Interior Side Yard: A yard extending from the principal
building to the side lot line on both sides of the principal building
between the lines establishing the front and rear yards.
D. Street Side Yard: A yard extending from the principal building
to the secondary street that adjoins the lot between the lines
establishing the front and rear yards.
E. Court Yard: See definition of Court.
F. Transitional Yard: A yard which serves as a buffer between
conflicting land uses such as between single-family residential uses
and commercial or industrial uses or between residential uses and
heavily traveled traffic arterials. Transitional yards are deemed to be
an open space which is between those uses which are more or less
compatible.
ZERO LOT LINE:
A building design which allows for a dwelling to be built to the side
lot line and which may include an easement to a neighboring lot for
the purpose of upkeep and maintenance of each dwelling. Zero lot line
developments can be either dwelling units detached or attached.
ZONING MAP:
The graphic depiction of the zones or districts within the City limits of
Meridian. The Map includes:
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
27
A. An indication of the boundaries of each of the districts;
B. A legend identifying each of the districts;
C. Identification names of streets, streams and other places;
D. Dimensions indicating the boundaries between districts.
The Zoning Map is to be adopted as a legal part of an Ordinance and
designated as the Official Zoning Map of the City.
ZONING PERMIT:
A document issued by the Administrator authorizing the uses of land
and structures, and the characteristics of the uses.
ZONING POLICY:
The policy as adopted by the governing body of the City of Meridian
and which is the underlying, fundamental basis for this Title; that is,
the Zoning and Development Ordinance of the City of Meridian.
(Ord. 430, 4-2-1984; amd. Ord. 456, 9-3-1985; Ord. 496, 9-6-1988;
Ord. 557, 10-1-1991; Grd. 592, 11-17-1992; 1999 Code)
SECTION 2: That Subsection A. of Section 1 of Chapter 8 of Title 11 Residential Zoning Schedule of Use
Control, be, and the same is hereby amended by adding additional language and deleting languages, and the
same shall read as follows:
ZONING REGULATIONS AND SUBDMSION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
28
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SECTION 3: That Section 1 of Chapter 9 of Title 11 Zoning Schedule of Bulk and Coverage Controls, he,
and the same is hereby amended by adding additional language and deleting languages, and the same shall
read as follows:
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
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SECTION 4: That Section 7 of Chapter 10 of Title 11 Duplex Minimum Size and Garage Requirement,
be, and the same is hereby amended by changing the heading and adding additional language and deleting
languages, and the same shall read as follows:
11-10-7:
DUPLEX AND ATTACHED SINGLE-FAMILY DWELLING MINIMUM SIZE AND
GARAGE REQUIREMENT: Each unit of all Dduplexes and attached single-family
dwellings constructed after the effecti"yl"c date hercof shall haveJ) a minimum living space of
eight hundred (800) square feet per dwelling unit and cach unit of a duplex shall ha"yl"c a
garagc capable of housing at least t\"v'"O (2) standard sized automobiles, at a minimum 21 An
attached or detached garage for each dwelling unit. The size of the garage shall be measured
by exterior dimensions and shall be at least ten feet by twenty feet (10'x20') for a one
bedroom dwelling unit~ and at least twenty feet by twenty feet (20'x20')for a dwelling unit
that has two or more bedrooms.
SECTION 5. That Subsection D. 1. and 2. of Section 6. of Chapter 4 of Title 12, Zero-Lot-Line Building
Lots, be, and the same is hereby amended by adding additional language and deleting language, and the
same shall read as follows:
12-4-6:
ZERO-LOT-LINE BUILDING LOTS:
D. 1. Yard Setbacks: In no case shall a zero-lot-line be allowed adjacent to a
property line which is not part of the development application. Only one zero-
lot-line interior side yard per lot may be permitted in the R-8 Zone unless
otherwise approved as part of a planned development. Additional zero-lot-
lines shall be permitted in the R-15 Zone. .L^:t.. minimum distance often feet (10')
shull be maintained betv.yccn building3 or potential buildings on separate lots.
The minimum separation between detached structures shall be ten feet (10')
unless fire or building codes require greater separation.
2. Easements: A perpetual six-foot (6') wide maintenance/drainage
easement shall be provided on the lot adjacent to the zero-lot-line property
line, except where such line is a common lot line walls as in the case of an
attached dwelling, which shall be kept clear of structures with the exception of
fences, patios, and slabs at grade. Roof overhangs and below grade foundation
footings may penetrate the easement on the adjacent lot a maximum of twelve
inches(12"), but shall be so designed that runoff from the dwelling placed on
the lot line is limited to the easement area. The easement shall be shown on
the development plan/plat and incorporated into each deed transferring the
title to the property. (Ord. 465, 3-17-1986)
SECTION 6. That the enactment of a new Section 14 of Chapter 4 of Title 12, to be known as Common
Drive Design Standards, be, and the same is hereby enacted, and the same shall read as follows:
12-4-14:
COMMON DRIVE DESIGN STANDARDS:
Common drives shall serve a maximum of four dwelling units. Any private driveway or
roadway serving more than four dwellings can only be approved as a private street under the
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
32
provisions of Section 12-6-2 oftrus Code. Common drives serving two dwelling units shall
be a minimum of sixteen feet (16') in width. Common drives serving three or four dwelling
units shall be a minimum of twenty- four feet (24') in width. Common drives less than one
hundred and fifty feet (150') in length shall be constructed of at least six inches (6") of well-
compacted~ two-inch (2") minus crushed gravel and two and one half inches (2.5") of
asphaltic concrete paving. lfthe length of the common drive exceeds one hundred and fifty
feet (150') in length then the common drivewav(~) shall be built to Ada County Highway
District standards for materials and loading.
SECTION 7: That Subsection 6. Section 2 of Chapter 6 of Title 12 Planned Development Standards, be,
and the same is hereby amended by adding additional language and deleting languages, and the same shall
read as follows:
12-6-2:
PLANNED DEVELOPMENT STANDARDS:
6. Driveways, common drives, streets and pathways: Driveways to single-family
detached dwellings shall not be less than nine feet (9') in width. Common drives eRe-
atttl t\Ty"O famil)>" dTyTlcllings shall meet the standards set forth in Section 12-4-14. fl6t-be
less that nine feet (9') in -"yT{idth. Service driveways, drive-through lanes and escape
lanes shall have a minimum width often feet (10') per lane, without parking on either
side. Publicly dedicated streets shall be designed and constructed to Ada County
Highway District standards. Private streets may be approved by the Council and the
following roadway standards shall apply:
SECTION 8: That Subsection A. of Section 4 of Chapter 6 of Title 12 Residential Uses, be, and the same
is hereby amended by adding additional language and deleting languages, and the same shall read as
follows:
12-6-4 :
RESIDENTIAL USES:
A. A variety of housing types may be included within a single planned development,
including attached units (single-family attached homes, townhomes, duplexes),
detached units (single-family detached homes, patio homes), single famil:f and multi-
family units, regardless of the underlying zoning classification of the site, provided
that the overall density limit of the zone is maintained.
SECTION 9: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
SECTION 10: VALIDITY: The Meridian City Council hereby declares that any section, paragraph,
sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid
it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance
independent of the elimination here from of any portion as may be declared invalid.
SECTION 11: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced
or right accrued before this Ordinance takes effect.
ZONING REGULATIONS AND SUBDMSION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
33
(
SECTION 12: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage,
approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 18t!:- day of
~~ ,2002.
. 12 -tA
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I V -day of
d~ ,2002.
SEAL
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Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\AmendingTitles 11 and 12 of the P & Z
Regu lationsandS u bd i vandDev ImptOrds061202 .doc
~~~R~/~
City Clerk
Attest:
ZONING REGULATIONS AND SUBDIVISION AND
DEVELOPMENT AMENDMENTS TO TITLE 11 AND TITLE 12
34
~~
June )4, 2002
~4-
June ~ 2002
ZA 02-001
MERIDIAN CITY COUNCIL MEETING
APPLICANT
ITEM NO.
3-8
REQUEST Summary of Publication for Ordinance No. 02-955 Amberstone Zoning Amendment
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See Attached Summary of Publication
~~
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of M~n.
(
WHITE PETERSON
WmTE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRA Y, In
T. GUY HALLAM*
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NICHOLS*
CHRISTOPHER S. NYE
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELAJ. TARLOW
TERRENCE R. WHITE..
NICHOLAS L. WOLLEN
A TTORNEYS AT LAW
NAMPA OFFICE
5700 E. FRANKLIN Ro.,
SUITE 200
NAMP A, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
830 N. MAIN STREET, SUITE 200
POST OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
PLEASE REPLY TO
MERIDIAN OFFICE
* Also admitted in OR
** Also admitted in W A
June 19, 2002
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
RECEIVED
JUN 1 9 2002
CITY OF MERJDJAN
CITY CLERK OFFrCF
Re: Ordinance No. 02-955, (Zoning Amendment Ordinance for the City of
Meridian) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for zoning amendments for the City of Meridian, pursuant
to the City's action. I do hereby advise the City, and make this statement, that said summary is true
and complete and provides adequate notice to the public of the provisions of said ordinance.
yY ou are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdallo Code S 50-90l(A).
Enclosure
z:\ W ork\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\BergSumOrdforZoningAmendOrdNo 02-955 061902L TR.doc
NOTICE AND PUBLISHED SUMMARY
OR ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 02-955
PROVIDING FOR A ZONING AMENDMENT ORDINANCE
An Ordinance of the City of Meridian adopting zoning regulations and subdivision and
development amendments for the City of Meridian; providing for either deletions,
additions and/or revisions to the Definitions in Section 11-2-2; providing for deletions
and/or additions to Section 11-8-1-A to the Residential Zoning Schedule Of Use Control;
providing for deletions and/or revisions to Section 11-9-1 of the Zoning Schedule Of
Bulk And Coverage Controls; providing for revisions to 11-10- 7 pertaining to duplex
minimum sizes and garage requirements and to change the title, and deleting and/or
adding language; providing for deletions and/or additions to Section 12-4-6D 1. and 2. to
the Zero-Lot-Line Building Lot Design Standards; providing for a new Section 12-4-14
pertaining to known as Common Drive Design Standards; providing for deletions and/or
additions to Section 12-6-2 for Planned Development Standards; providing'for deletions
and/or additions to Section 12-6-4 A to Residential Uses; and providing for effect of
invalidity; providing that all ordinances and resolutions in conflict are repealed and
rescinded; and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the
l~tL dayof J~ ,2002.
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City of Meridian _ _
Mayor and City Council = SEAL -
By: William G. Berg, Jr., City Clerk ~.,.~ R g
First Reading: h - / f3 -02- . \. "16 Qu.s, 1 s-i\ · " .f j
Adopted after first reading by suspension of the Rule as af~~~Ll\lrsyant -Qldaho Code
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50-902: YES /~, NO /IIIJf/in~n tH\\\\\\
Second Reading:
Third Reading:
z:\ W ork\M\Meridian\Meridian I 5360M\Ordinances City Hall\2002 ORD\SUMMAR YZONINGAMENDMENTORD NO 02-955.doc
RECORDED - REQUEST OF
2D02 IN 27 Pi'1 I: I 3
FEE.- ~ DEPUTY
/ftJ 102072 I
/tJ~ (:) 702 S/,;L
MERIDIAN CITY~ ,
::.01\ CuUNTY RECORDER
.J. Ot~.VIO NAVARRO
;:';1 j '; ;~, ! eft''. H n
ORDINANCE NO. tlZ - q fi 4--
CITY OF MERIDIAN
AN ORDINANCE AMENDING ORDINANCE NO. 02-938
BY COUNCIL MEMBER: 41"f1t;$J rk
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 02-938
TO AMEND THE LEGAL DESCRIPTION AND FINDING THAT CERTAIN LAND TO BE
KNOWN AS THE LOCATION OF THE LOCUST GROVE LDS CHURCH LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE
OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION
IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED NEIGHBORHOOD BUSINESS DISTRICT (C-N); AND
DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW,
BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING
ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE
OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE
CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND
ASSESSOR, AND THE STATE TAX CO:rvnvrrSSION OF THE STATE OF IDAHO, PURSUANT TO
IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel of land situate in the southwest quarter of the northwest quarter of the northwest
quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
AMENDED ORDINANCE NO.02-938 ANNEXATION
AND ZONING ORDINANCE (AZ-OI-019) - 1
(
Commencing at the northwest comer of said Section 17; thence SOooOO'OO"W, 479.99
feet along the westerly boundary of said Section 1 7 to the REAL POINT OF BEGINNING:
Thence N89032'15" E, 382.88 feet;
Thence SOooOO'OO"W, 113.74 feet along a line parallel to the westerly boundary of said
Section 17;
Thence N89032'15" E, 162.12 feet;
Thence 800000'00" W, 296.62 feet along a line parallel to the westerly boundary of said
Section 17;
Thence S89031 'OO"W, 545.00 feet to the westerly boundary of said Section 17;
Thence NOooOO'OQ"E, 410.56 feet along the westerly boundary of said Section 17 to the
REAL POINT OF BEGINNING.
Comprising 4.712 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed
and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Neigbhorhood Business District (C-N).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps
as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries
of the City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of Idaho,
AMENDED ORDINANCE NO.02-938 ANNEXATION
AND ZONING ORDINANCE (AZ-Ol-019)
- 2
,.-
to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy
of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code 963-2215 and 950-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Ig~ day of
~~ , 2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this IfJ~ day of
~T ~ , 2002.
_~T:
~~~~-
CITY CLERK .
First Reading: ~ -f # ~ ti '2- -
Adopted after first reading by sus~nsi -y
902 Y es: X ~ '/ '1'<)"'1 "-
Second Reading: - ////// COUNT'f. ",..."
.. ~ 11'1 ~ \\\
ThIrd Readmg: II/linn IH\\ ,\
STATE OF IDAHO,)
ss.
County of Ada. )
On this Q..L{- day of ~I~ , WO'L , before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and ye,Ji~l'I~.:ntten.
..~ 'tA;'~~.
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.Ci.)l ~. ":~. np _ \1'"
: ( \ : ,JnOJldYl ~te-v
(SEAL)~ \ L : NOTARY PUBLIC FOR IDAHO
\ }.. ~~.: RESIDING AT: AtiOL ~~rt~ J~~
..~OiiQf+.. MY COMMISSION EXPIRES: 4-2- <?;-os
Z:\ W ork\M\Meridia'ft\tttePilllttt 15360M\LDS Church AZ-Ol...019 CUP...Ol...038\AmendedOrd02938AZOrd.doc
AMENDED ORDINANCE NO.02-938 ANNEXATION
AND ZONING ORDINANCE (AZ-Ol-019)
- 3
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June 14, 2002
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT
REQUEST Water, Sewer Trash Delinquencies
ITEM NO.
2,\
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
COMMENTS
\fU
tlCprv
Date:
Phone:
Materials presented at pubnc meetings shall become property of the City of Meridian.
(
RECEIVED
JUN 1 8 2002
DELINQUENCY FOR TURN
OFF SCHEDULED FOR
06/19/02 and\or 06/26/02
City of Meridian
City Clerk Offic~
MAYOR: This is to inform you in writing, if you so
choose, that you have the right to a predetermination
hearing at 7:30 P.M. Tuesday, June 18, 2002, before the
Mayor and City Council to appear in person to be judged
on the facts and to defend the claim made by this City that
your water, sewer and trash bill is delinquent. You may
retain counsel. This service will be discontinued on
June 19, 2002 and\or June 26, 2002 unless payment is
received in full. Is there anyone present who wishes to
contest his or her water, sewer and trash delinquency?
(No response.)
MAYOR: They are hereby informed that they may appeal
or have the decision of the City reviewed by the Fourth
Judicial District Court, pursuant to Idaho State Code. Even
though they appeal, their water will be shut off. The
amount of the turn-off list is $24,223.13.
(
CITY OF MERIDIAN Delinquent Account List- council Page: 1
Standard Payment Customers Jun 18,2002 10:27am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Report Criteria:
Terminated customers not included
Customer.Cust No = {<} 9900000
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
15.0029.2 HALL, JOHN & CAROLYN 117.68 70.84 32.96 13.88 04/19/2002 40.00 -
69.0106.1 MCGOFF, WENDY 68.98 30.36 30.36 8.26 03/20/2002 50.00 -
5.0774.1 ADAK FAMIL Y LIMITED PARTN 144.54 144.53 .01 05/15/2002 49.50 -
74.3602.2 ADAMS, CYNTHIA 70.19 35.71 34.48
74.3236.1 ADAMS, MICHAEL & MARY 72.92 52.92 20.00 05/07/2002 44.31 -
35.0190.2 AHEARN, THOMAS 86.51 50.80 35.71 05/06/2002 34.34 -
42.2370.3 AIKMAN, WILLIAM 146.42 49.56 36.68 60.18
1.1360.1 AKERS,GENEVA 392.88 281 .60 111.28 04/17/2002 265.38 -
2.4740.1 ALBRECHT, JUDY 127.20 97.92 29.28 05/09/2002 26.68 -
50.0244.1 ALGER, BRENT 80.04 26.68 26.68 26.68 03/18/2002 53.36 -
50.1476.1 All & FARHA ISHAQ, SABIHA 981.52 362.85 370.51 248.16 06/13/2002 365.00 -
1 .0130. 1 ALlDJANI, ARASH 57.43 54.59 2.84 OS/29/2002 50.00 -
74.2452.1 ALLEN, RICHARD L. 113.78 64.27 49.51 05/17/2002 40.62 -
31.3422.1 ALLEN, TIM 139.72 100.92 38.80 05/17/2002 47.00 -
6.9986.1 AMERICAN BUILDERS 50.64 33.76 16.88 04/19/2002 9.08 -
6.9212.1 AMERICAN BUILDING 57.12 33.76 16.88 6.48 04/19/2002 6.48-
21.1920.3 ANDERSON, BRENT & SEIDL, S 236.59 159.58 46.50 30.51 03/14/2002 26.68 -
21.2254.1 ANDERSON, DAWN 124.77 85.23 39.54 05/03/2002 34.34 -
21.2076.2 ANDERSON, LADELL 184.83 174.71 10.12 04/19/2002 68.01 -
42.0382.3 ANDERSON, LADELL 133.25 97.54 35.71 04/15/2002 40.35 -
22.1482.1 ANDERSON, LYLE D. 188.86 131.95 56.91 04/17/2002 88.90 -
50.2254.1 ANGEL, ADRIANA 26.96 26.68 .28 05/14/2002 26.40 -
68.0310.1 ANJEWIERDEN, PAUL 76.32 36.93 39.39 03/25/2002 77.41 -
68.0070.1 ARES, TONY 66.60 66.34 .26 05/15/2002 71.00 -
42.1988.2 ARMSTRONG, GARY & LAURA 174.84 111 .49 63.35 OS/20/2002 45.83 -
21.2108.1 ARNDT, JOANA 87.39 58.26 29.13 04/15/2002 58.26 -
53.0700.1 ARNOLD MACHINERY 658.52 329.26 329.26 05/31/2002 329.26 -
21.3288.1 ARRINGTON, JUSTIN 127.93 126.75 1.18 OS/20/2002 40.00 -
20.1774.3 AYLWARD, PHILlPE & NAOMI 65.16 54.59 10.57 05/01/2002 42.79 -
42.2148.1 AZARY,SUSAN 83.21 56.53 26.68 04/08/2002 53.36 -
74.3364.2 BAECHT, CARL R. 83.42 49.09 34.33 04/16/2002 73.58 -
21 . 1928.1 BAILEY, BRUCE R 191.55 155.99 35.56 05/01/2002 46.79 -
2.3550.2 BAILEY, PEGGY 85.67 69.91 15.76 04/25/2002 150.00 -
3.0326.1 BAIN, RAND 211.06 146.09 64.97 OS/22/2002 147.20 -
69.0590.1 BAPTISTE, MONTGOMERY 435.50 435.50 11/20/2001 148.94 -
1.2790.3 BARINSKY, CYNTHIA 11 5.08 98.18 16.90 04/17/2002 50.00 -
42.2294.1 BARNES,GARY 61.01 60.91 .10 05/16/2002 55.56 -
69.1022.1 BARNES, RICHARD & PRUDEN 39.34 34.34 5.00 05/08/2002 41 .64 -
4. 1430.1 BARNEY, MARY R 223.30 134.41 88.89 04/08/2002 11 0.00 -
21.1894.1 BARNHART, CLINTON 127.87 90.24 29.13 8.50 04/19/2002 50.00 -
43.2448.2 BARON, KONA & MICHELLE 92.94 52.17 40.77 05/15/2002 27.51 -
1.2110.1 BARROETABENA, PHYLLIS 1 61 .48 124.48 37.00 05/17/2002 30. 13 -
42.1966.1 BARRY, CLAY A 172.87 124.73 48.14 04/22/2002 26.79 -
31.3060.1 BASTIAN, DAVID 147.02 104.33 42.69 05/15/2002 20.00 -
42.3068.1 BAUDER,KEN 59.90 51.88 8.02 OS/21/2002 30.00 -
31.3042.1 BEAN, ALAN & JENNY 185.46 140.86 44.60 OS/20/2002 45.83 -
14.5010.2 BEAUCANNON, JUSTIN 79.34 76.32 3.02 06/03/2002 35.00 -
1.0030.1 BEAUDOIN, JOHN R 103.58 65.94 37.64 04/17/2002 75.00 -
23.3492.2 BEBERNESS, RANDALL & VIRG 85.55 84.93 .62 06/03/2002 40.00 -
32.0950.1 BECKER, NICHOLAS 245.83 151.24 94.59 05/02/2002 80.00 -
46.4950.2 BED BATH & BEYOND 114.74 64.37 46.54 3.83 05/15/2002 46.54 -
*** in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 2
Standard Payment Customers Jun 18,2002 10:27am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
50.1500.1 BEDDES, LARRY 44.83 21.80 23.03 04/16/2002 43.69 -
32.1412.1 BEECHER, CYNTHIA 112.05 75.11 36.94 04/10/2002 68.68 -
32.0508.1 BELL, DERRICK 232.20 1 78.99 53.21 04/10/2002 48.17 -
2.5690.4 BELL, JASON& POPLEIK, MELI 164.56 103.40 34.48 26.68
33.2316.1 BELL, LILLY 172.40 125.82 46.58 05/13/2002 55.83 -
51.2622.1 BENTLEY, DONALD 188.27 93.52 94.75 05/06/2002 92.29 -
69.0270.1 BEZEMER, LAWRENCE 67.45 29.28 30.51 7.66 05/13/2002 30.51 -
74.3296.1 BIENAPFL, ROB & CARMEN 72.35 35.56 36.79 OS/20/2002 42.96 -
50.1856.1 BIG BEAVER 79.92 31.56 24.18 24.18 05/01/2002 22.34 -
10.1012.1 BILL DAVIS CONSTRUCTION 93.00 53.36 26.68 6.48 6.48
50.3714.2 BINGHAM, DUNCAN & PAULINE 121.16 72.88 48.28 05/31/2002 54.45 -
20.1494.1 BIRD, RODNEY & MICHELL 137.40 132.40 5.00 05/09/2002 58.74 -
21.0154.2 BITTICK, BRIAN 100.95 74.27 26.68 OS/21/2002 26.68 -
2.2140.1 BLAIR, WILMA 109.62 59.79 29.28 20.55 04/04/2002 40.00 -
51.3680.2 BLAKE, DALE 146.95 70.73 76.22 05/06/2002 195.00 -
2.4200.1 BLAKELY,CLAUDEJAMES 124.32 81.24 43.08 05/09/2002 29.1 3 -
2.0446.4 BOBKO, RAYMOND 228.27 178.27 38.02 11.98 05/10/2002 38.02 -
42.0408.1 BOBKO, RAYMOND 123.69 79.23 44.46 04/16/2002 80.17 -
50.1726.2 BOESIGER, MAX 76.34 39.40 36.94 04/15/2002 26.68 -
37.3626.1 BOND CAMBELL CONSTRUCTI 12.96 6.48 6.48
34.1318.2 BOOHER, CRAIG & DANA 244.50 194.98 49.52 05/16/2002 48.00 -
33.0864.3 BORUP CONSTRUCTION 91.50 78.52 12.98 05/17/2002 31.88 -
33.2722.1 BOUK, DORIAN 80.04 53.36 26.68 OS/23/2002 26.68 -
51.4310.1 BOWER INVESTMENTS, LLP 43.76 16.88 26.88 04/22/2002 60.64 -
4.0502.3 BOWMAN, BRYAN 113.28 77.57 35.71
74.3796.1 BRADLEY, CHRISTOPHER 85.89 38.02 47.87 OS/20/2002 26.00 -
42.0378.1 BRECKS, JOSH & SHARI 90.77 83.72 7.05 05/31/2002 60.00 -
1.0800.1 BREWER, SID & SHELL Y 188.28 93.82 94.46 OS/22/2002 74.13 -
32.0926.1 BRIGGS, NADINE 199.83 151 .26 48.57 OS/21/2002 46.64 -
1.3510.4 BRINEGAR, E. E. 86.24 63.36 22.88 OS/28/2002 50.00 -
21.2564.4 BRINEGAR, KATHLEEN 78.14 46.17 18.78 13.19 03/20/2002 60.00 -
31.0164.1 BRITTON, TIMOTHY 76.05 61.02 15.03 03/25/2002 71.44 -
21.0006.1 BROMET, PAUL 144.45 99.99 44.46 04/25/2002 42.00 -
69.1086.1 BROOKS, JEFFREY & JANET 71.26 68.80 2.46 OS/24/2002 134.86 -
74.3810.1 BROWN, ROBERT 77.27 40.48 36.79 05/13/2002 46.79 -
69.0566.1 BROWNELL,D.R. 61.91 61.81 .10 06/17/2002 49.4 1 -
33.1852.1 BUNDY, DOYLE 113.00 84.00 29.00 OS/22/2002 46.11 -
4.1320.3 BURCH,L1NDA 87.28 63.46 23.82 03/25/2002 70.00 -
19.7150.2 BURCHFIELD, DARRELL 66.19 65.92 .27 05/17/2002 41 .00 -
31.3364.1 BURGESS, ALLEN 140.77 80.98 33.11 26.68 03/14/2002 34.34 -
2.5120.1 BURNETT, CAREY 107.52 78.24 29.28 05/01/2002 30.51 -
50.4008.2 BURNHAM. DARLA 59.79 30.51 29.28 04/24/2002 30.51 -
69.0182.1 BURNS. DONALD 161.46 119.88 41.58 04/17/2002 63.16 -
31.0182.1 BURRELL, WILLIAM L. 80.04 53.36 26.68 04/12/2002 26.68 -
74.3668.2 BURRIS, STANTON & JANICE 94.10 32.96 32.96 28.18 03/20/2002 6.00 -
22.1516.1 BURTON,DEBRA 118.14 89.01 29.13 05/06/2002 29. 13 -
42.2460.1 BURTON, JACK 1 44.48 96.31 48.17 OS/21/2002 40.51 -
34.1528.1 BURTON,RYAN 106.85 69.91 33.11 3.83 04/09/2002 34.34 -
32. 1452.1 BYRNE, JASON 167.30 36.68 130.62 01/22/2002 40.00 -
50.0724.1 C.F.L INVESTMENTS 54.59 26.68 27.91 05/15/2002 31.52 -
50.0726.2 C.F.1. INVESTMENTS 53.36 26.68 26.68 OS/28/2002 26.68 -
34.2854.2 CALENDAR. REA & TRACY 130.60 128.00 2.60 06/03/2002 34.34 -
34.1100.1 CALLISTER, BROCK 81.27 54.59 26.68 OS/21/2002 53.36 -
21.0522.1 CAL WELL, MARC 102.57 69.61 32.96 OS/21/2002 17.99 -
15.0057.2 CAMINITI, STEVE 1 54.87 99.04 55.83 04/17/2002 91.66 -
*** in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 3
Standard Payment Customers Jun 18,2002 10:27am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
31.3536.2 CAMPBELL, SCOTT 82.50 53.36 29.14 04/09/2002 26.68 -
14.2998.1 CAMPBELL, ROBERT 90.04 53.36 26.68 10.00 05/13/2002 40.00 -
42.0414.2 CAMPBELL, ROBERT 89.90 53.11 36.79 OS/20/2002 36.79 -
51.2703.1 CAMPBELL'S SIDING 51.84 43.74 8.10
22.1050.1 CANON, BILL & BETSY 243.24 194.96 48.28 04/24/2002 36.79 -
65.3136.1 CARLEY, RUSS ELL 11 9.84 52.54 67.30 05/07/2002 61.15-
21.1168.2 CARLISLE, MATHEW & LANIER, 140. 1 7 137.71 2.46 03/27/2002 106.98 -
46.4766.1 CARLS OF BOISE 1,385.83 738.11 647.72 OS/20/2002 1,253.68 -
32.0884.1 CARLSON, DEBORAH J. 123.93 90.82 33.11 05/16/2002 30.51 -
2.4590.1 CARNAHAN, JOHN 97.68 67.17 30.51 OS/20/2002 26.68 -
4.2166.2 CARPENTER,SEAN 133.29 125.26 8.03 04/17/2002 118.68 -
69.1122.2 CARTER, J.R. 143.36 77.42 65.94 OS/20/2002 70.00 -
22.1736.2 CASH,RONALD 80.04 53.36 26.68 05/01/2002 26.68 -
50.0310.2 CASS, BRUCE C 102.21 56.64 45.57 05/30/2002 40.51 -
3.0850.2 CAST, PETER & VERIONICA 96.00 66.87 29.13 04/18/2002 13.26 -
42.2582.1 CHAPMAN, lORRI 170.83 122.55 48.28 05/17/2002 62.11 -
22.0848.1 CHAPMAN, THOMAS 210.84 166.39 44.45 05/13/2002 36.79 -
32.0986.1 CHATTERTON, KEllY 144.00 117.32 26.68 04/24/2002 50.04 -
2.6100.1 CHENEY, STEVEN 146.91 104.91 42.00 05/17/2002 12.60 -
23.3024.1 CHRISTENSEN, DWAYNE 154.68 101.89 52.79 05/03/2002 26.68 -
69.1208.2 CHRISTIAN, MIKELL 74.27 43.90 30.37 04/16/2002 26.68 -
2.3466.2 CHRISTIANSEN, SUE ANN 73.20 63.20 10.00 05/01/2002 53.36 -
32.1278.1 CHURCH, LARRY 107.10 80.42 26.68 05/17/2002 26.68 -
74.2676.1 CHURCHMAN,KARENlEE 85.69 46.91 38.78 05/13/2002 40.00 -
31.1268.2 CHUTTERTON, PATRICK & CA 137.07 93.84 43.23 05/15/2002 38. 17 -
33.4344.1 CIRELLI, MARK 135.00 1 00.66 34.34 04/19/2002 30.51 -
3.0690.1 CITY RADIATOR & MUFFLER 226.23 150.82 75.41 04/16/2002 150.82 -
15.0270.2 CLARK, DAVID & TINA 134.16 89.85 44.31 05/16/2002 44.45 -
31.0162.1 CLARK, JAMES & KAREN 182.64 1 21 .35 61.29 04/10/2002 95.49 -
40.0094.1 CLARK, RICKY 97.58 61.87 35.71 04/26/2002 34.34 -
22.2104.2 COE, JEFFREY & BOWER, JULI 97.65 65.92 31.73 04/10/2002 32.96 -
50.4478.1 COLEMAN, MICHAEL R. 26.76 26.68 .08 OS/22/2002 26.68 -
31.2268.2 COLSON, CAROL 209.67 183.67 26.00 OS/22/2002 40.63 -
50.0260.2 COOK, JOHN 76.89 40.21 36.68 04/18/2002 80.04 -
74.0318.4 COOK, PAULA 108.24 41.85 41.85 24.54
69.0532.2 COONSE, WADE & RHONDA 98.10 36.94 34.48 26.68
74.3816.1 CORDELL, TODD 128.05 128.05 07/18/2001 80.00 -
20.1708.1 CORDRY,MARK 320.49 219.40 1 01 .09 04/16/2002 86.58 -
4.0120.2 CORONA, JUAN & VICTOR 110.93 108.77 2.16 06/03/2002 70.00 -
50.1412.2 CORP, WESLEY 76.13 42.37 33.76
4.1746.1 COSGROVE, AMY 153.58 85.32 39.13 29.13 04/17/2002 39.13 -
31.3420.1 COUCH, JULIA 94.59 67.17 27.42 OS/22/2002 20.00 -
35.0182.2 COVINO, AMMON & CRYSTAL 64.77 64.75 .02 OS/24/2002 7.08 -
35.0228.1 COVINO, PETER III 100.30 57.08 43.22 05/01/2002 36.79 -
74.0100.2 CRAWFORD, SARAH 58.28 31.60 26.68 04/10/2002 66.72 -
35.0096.2 CRAYCHEE, DILLON 40.98 38.22 2.76 OS/24/2002 13.26 -
50.0880.1 CREEKSIDE ARBOUR II 21.98 21.80 .18 05/10/2002 17.93 -
42.4070.1 CROSS, ARBY 77.04 46.68 30.36 OS/20/2002 29. 13 -
69.0714.1 CUL VER, MARY 102.88 63.33 39.55 OS/21/2002 40.00 -
4.1260.1 DABB, ROBIN 156.07 99.02 57.05 04/17/2002 106.56 -
2.0080.1 DALlCE PLUMBING 85.22 63.48 21.74 06/17/2002 20.00 -
42.2388.2 DALY,BERT 196.11 77.57 35.42 39.13 43.99 03/20/2002 200.00 -
20.1612.1 DAL Y, RON 99.69 70.56 29.13 04/10/2002 58.26 -
15.0044.2 DAMMARELL, SHAWN 104.26 68.69 35.57 04/22/2002 38.17 -
19.1028.1 DANIEL FOUTZ 43.33 36.85 6.48
*** in Msg column indicates no Notice is to be sent
( { "
CITY OF MERIDIAN Delinquent Account List- council Page: 4
Standard Payment Customers Jun 18,2002 10:27am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
50.4574.3 DAROSA, JOE 57.12 27.91 29.21 04/16/2002 169.00 -
35.5030.4 DARRAGH, CAROL YN 76.37 40.81 35.56 04/04/2002 32.96 -
42.0346.2 DARRON STOUT 117.08 107.10 9.98 04/19/2002 53.36 -
1 .391 0.1 DAVCO SERVICES INC. 458.16 44 7.53 10.63 OS/20/2002 210.36 -
22.1420.1 DAVENPORT, DUANE 116.26 73.30 42.96 04/17/2002 72.09 -
32.0540.1 DAVLIN, RICHARD L. 159.21 115.98 43.23 05/01/2002 38. 1 7 -
21.3070.1 DECK, KIMBERL Y 165.92 114.75 51.17 OS/22/2002 35.00 -
42.3078.1 DELAMERE, BRAD 80.94 45.45 35.49 05/01/2002 20.00 -
1.0930.1 DENNEN, JEVON & HEATHER 1 28. 1 0 75.78 40.51 11.81 04/17/2002 50.00 -
34.2762.1 DENNEY, ROBERT 108.39 84.00 24.39 05/14/2002 50.00 -
2.1610.1 DESILET, DENICE 100.36 79.47 20.89 05/15/2002 30.00 -
46.6010.1 DEVELOPERS DIVERSIFIED 87.30 67.50 19.80
46.5030.1 DEVELOPERS DIVERSIFIED 58.68 38.88 19.80
50.1356.3 DICKERSON, DAVID 53.36 26.68 26.68 04/09/2002 53.36 -
2.1960.1 DICKSON, DONALD M 130.24 87.13 43.11 04/17/2002 85.67 -
68.0336.1 DIFFENEAFFER, BRYAN 73.04 46.36 26.68 04/05/2002 26.68 -
22.0978.1 DILLON, RANDY J. 122.25 89.29 32.96 05/07/2002 29.13 -
50.0204.1 DIPAOLO, JONATHAN 40.04 26.68 13.36 04/23/2002 40.00 -
32.1376.1 DIXON & JENNIFER MCCLURE, 107.95 81.93 26.02 05/17/2002 30.51 -
33.2584.1 DIXON, COLETTE 134.19 84.95 49.24 05/15/2002 38.17 -
69.0490.1 DIXON, SCOTT & HEATHER 41.22 29.28 11.94 06/03/2002 30.04 -
3.0730.1 DOBARAN, JOHN & ARVELLA 274.16 87.76 186.40 05/30/2002 569.20 -
34.1690.1 DOCKWEILER, THOMAS & TER 157.72 110.78 46.94 OS/20/2002 32.51 -
50.0140.1 DODGE, JAMES & JOAN 150.35 78.25 72.10 05/30/2002 63.49 -
19.4454.2 DOHERTY, GREG 138.72 96.58 42.14 04/09/2002 84.00 -
21.0144.1 DOMKA, TIMOTHY 87.39 58.26 29.13 04/15/2002 58.26 -
33.2594.2 DONALDSON, NEAL 106.26 70.84 35.42 OS/21/2002 46.79 -
42.1200.1 DOOLEY, DAVID & LESLIE 79.78 48.05 31.73 OS/22/2002 42.96 -
74.1062.1 DOTY, PAULINE & RON 61.88 32.17 29.71 OS/20/2002 55.59 -
31.0828.3 DOWNIE, JASON D 146.91 108.32 38.59 OS/22/2002 35.00 -
74.3362.1 DOYLE, KELLlE 29.26 29.13 .13 04/16/2002 29. 13 -
3.0342.2 DRISKELL, GARY 158.4 7 120.92 37.55 06/17/2002 50.00 -
42.2494.1 DRIVER, DONALD E. 1 53.91 91.80 62.11 04/17/2002 104.22 -
32.4912.3 DRUCE, RICHARD & SYBIL 89.85 60.72 29.13 04/22/2002 29. 1 3 -
2.0210.1 DUNN, DONALD 147.33 1 02.73 44.60 05/06/2002 45.66 -
3.0014.1 DUNSWORTH, BRAD 135.75 106.51 29.24 05/01/2002 30.00 -
21.1972.2 EAGY, MICHAEL 90.04 53.36 36.68 04/19/2002 80.04 -
42.2598.2 EASTBURN,GARY 132.56 81.82 50.74 OS/20/2002 44.45 -
2.1690.3 EBLEN,EARL 39.14 39.14
74.3678.2 EDWARDS, DEARL W 59.49 29.13 30.36 OS/24/2002 29.13 -
31.2238.2 EGUIA, ONESIMO 170.39 93.56 54.32 22.51 04/22/2002 50.00 -
22.1140.2 ELLIOTT, JOE 104.29 6.48 39.53 58.28 03/28/2002 142.52 -
50.2232.1 ELLIS, JOHN 58.26 29.13 29.13 OS/24/2002 29. 13 -
2.4540.3 ELSPERMAN, DE WAYNE 98.49 71.81 26.68 04/16/2002 53.36 -
31.3062.3 EMERSON,DON 73.69 63.48 10.21 04/17/2002 46.00 -
21.1896.5 EMMEN,DUST1N & KATHY 176.43 135.66 40.77 04/05/2002 32.16 -
50.1238.2 ERHART, MIL T 202.95 1 21 .09 43.09 38.17 .60 04/02/2002 11 .20 -
50.1242.3 ERHART, MIL T 89.40 44.31 45.09 06/17/2002 30.00 -
46.0230.1 ERICKSON, RICK 58.27 33.16 25.11 11/27/2001 160.00 -
32.1152.2 ESPINOLA, MIGUEL & MARGAR 100.33 90.54 9.79 05/08/2002 50.00 -
2.0320.1 ESTEP, NINA 81.77 57.05 24.72 04/09/2002 55.00 -
35.1218.2 EVANS, JAMES 38.39 38.36 .03 05/09/2002 38.00 -
74.2688.1 EVANS, STEVEN & KRISITE 110.11 63.05 47.06 05/08/2002 49.66 -
42.4050.1 EVERMAN, BRYAN 1 04.29 58.46 45.83 05/15/2002 49.66 -
32.1156.1 FARBER, BRIAN & KIMBER 118.95 118.72 .23 06/07/2002 47.00 -
*** in Msg column indicates no Notice is to be sent
\'
CITY OF MERIDIAN Delinquent Account List- council Page: 5
Standard Payment Customers Jun 18,2002 10:28am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
1.3670.1 FARRAND, SHELLlE 193.77 157.09 36.68 04/17/2002 80.04 -
50.4812.2 FARROW, GREGORY & CAROL 90.15 44.46 45.69 04/08/2002 42.00 -
2.2560.1 FERNANDES, JOHN 124.32 96.41 27.91 04/03/2002 26.68 -
4.1846.1 FERRY, MIKE & TRACY 148.50 111.71 35.56 1.23 05/15/2002 35.56 -
21.1866.1 FIELD, KEVIN & GWENDA 267.78 208.01 59.77 04/23/2002 59.77 -
74.1006.1 FISHEL, GEORGE 699.36 286.78 137.41 83.67 191 .50 04/23/2002 83.67 -
74.0406.1 FISHER, CASEY l 61.79 35.29 26.50 OS/20/2002 25.00 -
51.3990.1 FISHER, DANNY W 33.87 26.68 7.19 05/17/2002 50.00 -
31 .3462.1 FISHER, EARL 80.04 53.36 26.68 05/01/2002 26.68 -
2.0740.1 FISK, PATRICK 223.25 145.00 78.25 OS/22/2002 68.00 -
32.0788.2 FITZPATRICK, ROBERT & CHRI 178.47 141.53 36.94 04/16/2002 76.34 -
5.0800.1 FITZSIMMONS, TOM 139.50 11 0.22 29.28 04/11/2002 63.36 -
69.0962.1 FL YNN, BRETT & ZABALA MAR 106.91 76.16 30.75 04/10/2002 26.68 -
22.2498.2 FORBES, LONNIE & BRANDI 100.54 71.14 29.40 05/10/2002 26.68 -
65.0712.1 FORBUS, DON 100.32 59.55 40.77 04/26/2002 55.83 -
46.0362.1 FORD, MARVIN & SANDRA 78.20 49.59 28.61 OS/29/2002 40.00 -
5.0438.1 FORRESTER,VANDYE 128.66 1 28.26 .40 06/10/2002 44.05 -
52.0150.1 FORS, GARY 53.04 26.68 26.36 OS/22/2002 27.00 -
34.0552.1 FOSTER, BRADLEY D. 166.20 122.69 43.51 04/15/2002 82.51 -
22.1618.1 FOWERS, JOHN 196.86 142.30 54.56 05/16/2002 43.07 -
15.0010.2 FOWLER, ROBERT & KERRI 106.05 105.05 1.00 OS/23/2002 86.67 -
14.3698.2 FOX, AMANDA 114.49 80.01 34.48
21.0190.1 FOX, TRAVIS 104.36 102.84 1.52 06/06/2002 30.51 -
34.2820.1 FRAHS, THOMAS 164.58 113.41 51.17 05/13/2002 42.00 -
2.5840.1 FRANK,GARY 155.27 92.33 34.48 26.68 1.78 04/15/2002 70.00 -
31.3434.1 FRANK,GARY 135.58 91.10 44.48 04/17/2002 68.68 -
21.0160.2 FRANZEN, JAKE 149.11 94.38 54.73 OS/20/2002 38.26 -
51.3078.3 FREEMAN, NICOLE 55.45 27.11 28.34 04/18/2002 52.62 -
2.4930.4 FREEMAN, SARAH 153.76 1 00.1 0 26.68 26.68 .30 05/01/2002 36.38 -
51.0120.1 FRONTIER TIRE 218.34 109.17 1 09. 17 06/12/2002 109.17 -
33.4258.1 FROSTROM, STEVE & TERRI 172.18 95.07 40.77 36.34 04/26/2002 40.00 -
32.1542.1 FUHRMAN, JOSHUA 11 2.44 81.93 30.51 05/01/2002 40.51 -
5.0242.2 FULLER, MITCH 266.19 222.97 43.22 04/19/2002 36.79 -
20.1830.1 FULWOOD, HILLARD 315.09 246.14 68.95 04/08/2002 61.15 -
69.1132.1 GABIOLA, ALBERT 70.84 34.19 36.65 04/16/2002 29.13 -
2.6630.1 GALVAN, STEVEN 140.34 1 02.17 38.17 04/12/2002 34.34 -
50.4518.3 GAMBLIN, MIKE 111.27 50.61 48.15 12.51 04/09/2002 60.00 -
50.1996.2 GARCIA, CHRISSY 53.61 52.12 1.49 OS/21/2002 48.00 -
20.1284.2 GARDNER, VINCE 162.16 113.11 49.05 05/15/2002 65.00 -
33.2302.1 GARRARD, DALE 87.70 62.25 25.45 OS/29/2002 30.51 -
15.0644.2 GARVALDON, RONALD 11 0.56 77.45 33.11 OS/22/2002 34.34 -
46.0188.2 GATES, JOHN 92.93 36.99 29.28 26.66 04/16/2002 40.00 -
13.4000.1 GERRY BURKE 1 62.58 127.17 35.41 OS/22/2002 68.63 -
2.2480.1 GILBERT, CARL 169.89 119.00 50.89 OS/20/2002 53.49 -
1.0940.5 GILBERT, CARL 177.71 116.03 61.68 OS/22/2002 50.00 -
42.1240.1 GILLETT, JOSHUA 80.06 43.27 36.79 04/23/2002 32.96 -
15.0108.1 GLENN JOHNSON HOMES 104.32 104.32 10/09/2001 6.48-
15.0278.1 GLENN JOHNSON HOMES 112.12 11 2. 1 2 10/09/2001 12.96 -
35.0256.1 GLENN JOHNSON HOMES 250.28 16.48 233.80 08/03/2001 69.24 -
35.0152.1 GLENN JOHNSON HOMES 26.38 26.38 10/09/2001 28.04 -
5.0262.2 GLINES, MARK & YVONNE 1 50.64 121.18 29.46 06/10/2002 51.98 -
33.2388.1 GLUCH, SCOTT 80.04 53.36 26.68 04/25/2002 53.36 -
2.1170.3 GODBY, ORVILLE & PHOEBE 149.31 111 .43 37.88 OS/21/2002 29. 1 3 -
25.4050.2 GOEBEL, DANIEL & CAROLINE 107.13 72.65 34.48
21.0106.1 GOODIN, JASON 168.35 116.24 49.51 2.60 OS/20/2002 49.51 -
H* in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 6
Standard Payment Customers Jun 18,2002 10:28am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
42.2588.1 GORDON, THOMAS 139.18 11 6.26 22.92 05/13/2002 70.00 -
6. 1494. 1 GORMAN-TUTT BUILDERS 32.30 25.82 6.48
21.2790.1 GORRINGE, BENNY 154.03 91.92 62.11 04/17/2002 114.22 -
31.3374.1 GOULDING, PAULINE 167.28 112.74 54.54 OS/28/2002 40.00 -
32.1368.1 GRATTON, THOMAS 126.81 91.10 35.71 04/25/2002 38. 1 7 -
74.3954.2 GRAY, DAVID & NATALIE 91.05 50.77 40.28 OS/29/2002 31.00 -
14.3452.3 GREER, JAYLEE & DOUGLAS 11 6.94 80.01 36.93 04/11/2002 26.68 -
51.0518.3 GREGORY, STEVEN & KEITH C 106.98 64.98 42.00 05/02/2002 42.00 -
4.1702.1 GREMMINGER, WAYNE 104.64 77.96 26.68 05/07/2002 26.68 -
51.0958.3 GRIEVE, JAMES 42.38 21.19 21.19 04/05/2002 19.96-
31.0158.1 GRIFFIN, RICHARD & GAIL 130.62 94.12 36.50 05/02/2002 50.00 -
31.0764.2 GROGAN, JIMM 130.79 1 23.08 7.71
33.4262.2 GROOM, DENNIS 115.60 81.26 34.34 05/07/2002 38. 1 7 -
2.4290.1 GROSSO, SHADOW 91.11 61.97 29.14 OS/20/2002 36.68 -
6.9852.1 GUARENTEED QUALITY PLUM 37.12 33.76 3.36 05/16/2002 6.48 -
32.4122.1 HALE DEVELOPMENT, INC. 53.38 53.36 .02 05/15/2002 26.68 -
32.4034.1 HALE DEVELOPMENT, INC. 76.09 53.36 22.73 05/15/2002 26.68 -
32.4032.1 HALE DEVELOPMENT, INC. 80.04 53.36 26.68 05/15/2002 26.68 -
22.0924.1 HALL, KEVIN 141 .04 113.89 27.15 05/01/2002 29.13 -
50.1512.1 HALL, LEO 90.09 51.81 38.28 05/01/2002 43.62 -
74.0354.2 HALLETT, WILLIAM 71.42 35.71 35.71
33.2338.1 HAMIL TON, TRACEY 298.12 139.13 158.99 05/07/2002 1 56.77 -
40.0234.1 HAMMOND. DONALD 81.59 39.44 42.15 OS/20/2002 45.00 -
42.3732.1 HANDLEY. JEREMY 103.73 65.56 38.17 05/13/2002 34.34 -
21.2074.3 HANFT, ROBERT 105.90 71.42 34.48
31.3394.2 HANHARDT, ANDREW & CAMIL 101.34 68.38 32.96 05/15/2002 39.13 -
33.4274.1 HANSEN, ERIK 161 .44 100.55 60.89 04/17/2002 95.15 -
46.0830.3 HANSEN, STEVEN & RUTH 67.50 38.22 29.28 04/08/2002 26.68 -
74.3240.2 HANSEN. WADE 88.08 36.79 36.79 14.50 05/01/2002 40.00 -
31.0148.2 HANSON. CAREN F. 99.33 66.22 33.11 OS/20/2002 30.51 -
2.0484.2 HANSON, KELLY & AISHA 180.99 1 30.91 50.08 05/0212002 26.68 -
32.0760.1 HARDING, STEVEN 66.06 65.66 .40 05/13/2002 26.28 -
33.2368.2 HARNECK. KARl 89.07 59.79 29.28 04/23/2002 30.51 -
42.2356.1 HARP. GREGORY 202.95 150.84 52.11 OS/21/2002 42.61 -
42.1820.1 HARRINGTON-BLACK, JODY 85.26 47.10 38.16 OS/20/2002 32.96 -
34.0834.1 HARRIS. DERREK G 170.28 129.51 40.77 04/09/2002 94.00 -
51.0378.1 HARRY'S BAR & GRILL 482.60 246.90 235.70 05/01/2002 471 .40 -
2.5900.1 HARVEY. LISA M. 153.83 122.97 30.86 OS/20/2002 65.00 -
21.1026.2 HATCH, DAVID 144.84 11 0.50 34.34 04/09/2002 30.51 -
34.3234.2 HATCH,GARY 118.17 90.26 27.91 04/22/2002 23.36 -
69.1318.1 HAUN, CORY 111.71 72.60 39.11 03/26/2002 85.07 -
40.0154.3 HAYDEN, MARK & THERESA 84.05 49.57 34.48
21.0480.1 HA YES. LOREN 130.53 92.03 38.50 OS/20/2002 40.00 -
46.0260.1 HAYES. MARCIA 93.87 35.61 29.13 29.13 03/08/2002 58.26 -
20.1624.1 HEATON, JUDITH A. 142.69 116.37 26.32 05/15/2002 20.00 -
46.0192.2 HEINZ. THOMAS 62.30 34.39 27.91 04/16/2002 26.68 -
4.2192.1 HELSLEY, CHAD 140.70 107.74 32.96 04/18/2002 32.96 -
1.3300.1 HERSEY, RICHARD 547.29 369.37 177.92 OS/21/2002 178.45 -
1.3260.1 HERSEY, RICHARD 321.46 214.74 106.72 OS/21/2002 106.72-
21.2024.2 HERTEUX, ARMIN & BRENNA 121.89 87.41 34.48
3.0036.2 HESTER, CHRISTINE 137.18 96.39 40.36 .43 OS/21/2002 28.70 -
3.0094.2 HESTER, CHRISTINE A 162.56 104.22 58.34 OS/21/2002 40.70 -
74.0384.2 HESTER, LLOYD & SHERRY 116.26 63.05 53.21 05/15/2002 100.29 -
31.3454.2 HICKMAN, JOHN & JENNIFER 233.96 211.97 21.99 OS/21/2002 65.00 -
51.3580.1 HIGGINBOTHAM. RON 86.46 44.46 42.00 05/01/2002 38. 1 7 -
*** in Msg column indicates no Notice is to be sent
- -
(
CITY OF MERIDIAN Delinquent Account List- council Page: 7
Standard Payment Customers Jun 18,2002 10:28am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02128/2002 Date Amount
37.3814.1 HIGH DESERT 80.04 26.68 26.68 26.68 03/19/2002 59.84 -
21.1402.1 HIGH DESERT CONSTRUCTIO 39.64 33.16 6.48
37.4102.1 HIGH DESERT CONSTRUCTIO 12.96 6.48 6.48
74.3110.2 HIGHT DESERT CONSTRUCTIO 79.61 37.08 38.31 4.22 03/19/2002 204.59 -
3.0382.1 HILL, BRIAN OR VICTORIA 189.54 137.43 52.11 05/13/2002 48.28 -
34.1870.2 HILL, RONIE & CARLA 132.23 123.34 8.89 OS/24/2002 40.62 -
3.0264.2 HILL, TARA 82.50 55.82 26.68 04/23/2002 26.68 -
22.0320.1 HITESMAN, DOLPH & EILEEN 221.25 132.79 88.46 05/13/2002 100.00 -
3.0268.1 HOBDEY, BRIAN 68.75 59.49 9.26 06/03/2002 30.00 -
74.2330.1 HODGES, DARRELL & PAMELA 36.97 36.93 .04 OS/22/2002 39.35 -
5.0722.1 HOLLEY, DAVID 183.30 135.54 47.76 OS/2212002 67.00 -
32.1456.1 HOLLINGSHEAD, BRETT 1 32.75 94.79 37.96 04/11/2002 70.00 -
33.4346.1 HOLLOWAY, PAIGE 216.17 173.22 42.95 04/18/2002 51 .50 -
2.0976.3 HOLMES, LAWRENCE 130.66 91.26 39.40 OS/22/2002 146.00 -
50.3840.1 HOLZHEIMER, AMY 64.71 30.51 34.20 05/13/2002 30.51 -
20.1316.1 HOME BUILDERS 257.38 95.62 161.76
51.4250.1 HOME PRO PLUMBING 344.57 1 08.1 9 118.19 1 08.19 10.00 02127/2002 216.38 -
3.0362.1 HONO, GREG & NANCY 245.11 171.25 73.86 OS/22/2002 77.43 -
21.0536.1 HOOK, JAMES & CRYSTAL 148.22 112.83 35.39 05/16/2002 65.00 -
31.3458.1 HOPKINS, DARRYL 95.64 63.76 31.88 OS/20/2002 30.51 -
64.0038.1 HORNE, CARL 97.58 52.03 45.55 05/17/2002 45.83 -
51.0534.1 HORTON,MARGARETTE 87.12 43.56 43.56 04/18/2002 43.76 -
3.0010.1 HOWARD, KEITH 132.38 128.55 3.83 OS/28/2002 45.82 -
1.0420.1 HOWARD, TREVIS 113.43 49.02 24.51 24.51 15.39 09/26/2001 200.00 -
19.6554.2 HSU, TOMAS & GUADALUPE 1 00.56 67.45 33.11 04/04/2002 57.19 -
50.1012.1 HUD 28.30 26.68 1.62 1 0/23/2000 62.49 -
72.0118.1 HUD\GOLDEN FEATHER ATTN 58.26 29.13 29.13 04/10/2002 47.39 -
32.1424.2 HUDLET, KIMBERL Y 80.04 53.36 26.68 05/01/2002 36.68 -
42.2028.3 HUFFMAN, MICHAEL & MARSH 139.02 72.94 39.40 26.68
31.3072.1 HULSIZER, KEN 135.84 88.92 46.92 05/15/2002 34.34 -
15.0124.1 HUNT CONSTRUCTION 80.04 53.36 26.68 03/18/2002 50.96 -
31.3402.1 HUNT, HEATH 101.82 96.97 4.85 OS/21/2002 60.00 -
50.1706.2 HUNT. STEVE 53.36 26.68 26.68 04/18/2002 53.36 -
15.0048.3 HUNTER, PAUL 141.51 89.20 42.14 10.17 04/19/2002 80.00 -
49. 1148.1 IDAHO HEATING AND AIR 316.85 219.44 97.41 05/17/2002 97.41 -
8.0122.1 IRVING, TONYA 132.35 119.39 6.48 6.48 02/14/2002 20.00 -
4.2284.2 IVERSON, K. R. 207.16 190.04 17.12 05/17/2002 41.00 -
19.0220.1 IVEY. CARl 80.04 53.36 26.68 04/18/2002 26.68 -
65.3112.1 JACOBS. MARIE 87.02 42.28 44.74 04/22/2002 42.00 -
42.0310.2 JACOBS. THOMAS 40.00 35.05 4.95 05/02/2002 120.00 -
42.1934.4 JACOBSEN, FRANK 107.42 69.25 38.17
68.0046.1 JACOBSEN, JASON & LIANNA 72.64 31.73 40.91 04/17/2002 62.00 -
32. 1552.1 JAKOMEIT, MICHAEL 113.28 73.88 39.40 04/1 0/2002 72.51 -
33.0376.1 JAMES COURT APTS 101.28 67.52 33.76 OS/24/2002 33.76 -
33.0374.1 JAMES COURT APTS 202.56 135.04 67.52 OS/20/2002 67.52 -
33.0394.1 JAMES COURT APTS 452.82 316.64 136.18 OS/24/2002 239.87 -
33.0396.1 JAMES COURT APTS 178.02 118.68 59.34 OS/24/2002 49.08 -
33.0362.1 JAMES COURT APTS 202.56 135.04 67.52 06/11/2002 67.52 -
33.0400.1 JAMES COURT APTS 203.79 136.27 67.52 OS/24/2002 67.52 -
33.0370.1 JAMES COURT APTS 225.96 150.64 75.32 OS/24/2002 67.52 -
33.0366.1 JAMES COURT APTS 692. 19 622.59 69.60 OS/24/2002 72.06 -
33.0408.1 JAMES COURT APTS 415.59 329.95 85.64 OS/20/2002 83.04 -
33.0380.1 JAMES COURT APTS 203.79 136.27 67.52 OS/24/2002 67.52 -
33.0382.1 JAMES COURT APTS 1 20. 15 80.10 40.05 OS/24/2002 37.59 -
33.0388.1 JAMES COURT APTS 1 20. 1 5 81.33 38.82 OS/24/2002 37.59 -
*** in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 8
Standard Payment Customers Jun 18,2002 10:28am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02128/2002 Date Amount
33.0390.1 JAMES COURT APTS 409.65 362.89 46.76 OS/24/2002 45.25 -
33.0358.1 JAMES COURT APTS 2,010.23 1,418.19 592.04 OS/20/2002 592.04 -
33.0386.1 JAMES COURT APTS 202.56 135.04 67.52 OS/24/2002 67.52 -
31.0516.1 JARRETT, SHARON 80.04 53.36 26.68 OS/21/2002 26.68 -
21.1912.1 JENKINS, DWIGHT 124.74 95.46 29.28 04/17/2002 34.34 -
19.1630.2 JENKINS, LEROY 84.96 57.05 27.91 04/18/2002 57.19-
31.0736.1 JENKINS, PHOEBE 89.94 64.06 25.88 04/09/2002 25.88 -
21.2830.1 JESSEE, KEVIN 91.53 61.02 30.51 05/14/2002 26.68 -
42.2482.1 JOHNSON, BRYON & MARYLEN 91.80 62.67 29.13 04/12/2002 58.26 -
32.0616.2 JOHNSON, CONNIE JO 77.61 72.37 5.24 OS/20/2002 50.00 -
4.1334.3 JOHNSON, JAMES & ALLISON 81.27 54.59 26.68 04/17/2002 26.68 -
34.0390.2 JOHNSON, PETER 182.90 132.51 50.39 OS/28/2002 70.00 -
19.0098.1 JOHNSON, SAMUEL 128.43 86.44 41.99 05/13/2002 36.79 -
33.3720.1 JOHNSON, TONY 92.76 63.48 29.28 05/01/2002 26.68 -
21.1934.1 JONES, DARICE 102.15 73.02 29.13 04/16/2002 40.62 -
22.0330.1 JONES, ELDON & LORI 188.70 144.25 44.45 OS/21/2002 46.91 -
4.1766.3 JONES, STEPHEN & CONNIE 162.06 1 25.26 36.80 05/17/2002 37.36 -
20.1988.1 JONES, SYLVIA 267.00 206.70 60.30 05/08/2002 825.95 -
33.2750.1 JORDAN, JOHN L 144.42 1 01 .20 43.22 05/07/2002 40.62 -
46.0802.4 JUDY, VICTOR 101.27 63.10 38.17 OS/20/2002 30.51 -
32.0522.2 JUHASZ, DON C. 180.99 121.07 59.92 04/16/2002 119.76-
50.3836.1 JULIAN, GEORGE 87.39 29.13 29.13 29.13 03/19/2002 29. 1 3 -
46.0136.1 KALDHUSDAL, KENNETH & SA 87.44 46.96 40.48 04/11/2002 32.96 -
20.1260.2 KAWANO, EDITH 59.00 58.26 .74 06/04/2002 29. 1 3 -
42.1930.1 KEGAN, ROSE MARIE 130.49 84.95 31.73 13.81 OS/28/2002 37.46 -
22.1514.2 KEHR, JOHN 207.71 167.12 40.59 OS/28/2002 30.00 -
20.1942.1 KEMPER, JASON 123.34 94.21 29.13 05/17/2002 32.96 -
32.4048.2 KESNER, AMY 73.88 67.45 6.43 OS/24/2002 26.68 -
42.1810.2 KESTER,ROBERT 52.58 50.79 1.79 05/09/2002 40.00 -
33.2704.2 KINDALL, DAVID 61.41 59.79 1.62 06/06/2002 27.00 -
3.0024.1 KINNEY, KIMIKO 123.61 100.64 22.97 05/01/2002 50.00 -
5.0342.1 KIRBY, GREGORY & KAREN 11 7. 66 113.24 4.42 OS/24/2002 30.00 -
74.3358.1 KLEIN, DANIEL & MARILYN 89.96 29.13 31.59 29.13 .11 03/26/2002 29.1 3 -
46.0530.1 KNAPP, KEVIN 61.66 35.62 26.04 05/01/2002 24.00 -
34.1196.1 KNAPP, MICHAEL & CATHERIN 115.74 78.80 36.94 04/26/2002 42.00 -
20.1542.1 KNAPP, WILLIAM 239.56 162.11 77.45 05/01/2002 77.00 -
21.0466.2 KORBER, GERALD 70.09 63.48 6.61 06/17/2002 20.00 -
74.3836.1 KORTON, TOM & CATHY 40.87 40.49 .38 06/17/2002 30.00 -
4.2304.1 KOYLE, RUSSELL 133.65 131.67 1.98 06/04/2002 36.1 8 -
74.3168.1 KREFT, TIM & LISA 96.56 48.28 48.28 05/01/2002 44.45 -
19.6642.1 KRENZ, ROY 200.85 74.81 36.79 32.96 56.29 04/24/2002 50.00 -
72.0174.2 KUGEL, LISA 47.97 37.75 10.22 02106/2002 25.00 -
50.4642.3 KUGEL, LISA 84.95 44.32 40.63 04/26/2002 44.34 -
31.0498.1 KYLLO, DIANE M. 87.42 60.74 26.68 04/23/2002 26.68 -
50.0720.1 LACASA LAVILLA 74.13 71.21 2.92 OS/28/2002 67.52 -
74.0426.1 LACY, GLORIA 47.63 26.68 20.95 04/23/2002 26.68 -
50.1782.1 LAFEVER, RONALD 180.36 81.97 94.02 4.37 05/13/2002 94.02 -
3.0654.1 LAMBERT, KENNETH 87.39 58.26 29.13 04/26/2002 29. 13 -
20.1366.2 LAMING, GARY 134.58 86.44 48.14 04/15/2002 77.41 -
42.4056.1 LAMOREAUX, DAVID 46.11 44.23 1.88 06/03/2002 9.14 -
22.1244.2 LAMPKIS, LISA 138.27 102.84 35.43 04/10/2002 26.68 -
22.1842.2 LANDOW, BRUCE 115.74 76.34 39.40 04/16/2002 72.51 -
42. 1782.1 LANSING, DANETTE 59.84 33.16 26.68 04/17/2002 26.68 -
20.0208.2 LARGEVIN, MICHAEL & DARCIE 122.83 77.27 45.56 04/18/2002 83.58 -
74.2994.1 LARSON, DONALD 58.38 50.72 7.66 OS/28/2002 51.95 -
*** in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 9
Standard Payment Customers Jun 18,2002 10:28am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
2.4990.2 LAUFENBERG, JIM & TAMMIE 138.19 87.41 50.78 04/19/2002 140.91 -
50.0600.2 LAYTON, JONATHON & FELlCI 70.58 42.67 27.91 04/23/2002 26.68 -
15.0154.1 LESLIE HUG 129.68 63.36 26.68 26.68 12.96
42.2712.3 LESTER, DAVID & JUDITH 111.11 69.25 41.86 05/16/2002 52.00 -
31.3382.1 LEVITT, MONTE 116.44 83.70 32.74 06/17/2002 39.00 -
34.1074.1 LEWIS, LANNY 77.85 73.88 3.97 06/12/2002 30.51 -
72.0208.1 LEWIS, PHILLIP 117.58 74.78 42.80 05/01/2002 42.96 -
50.2130.1 LIKES, JENNIFER 80.03 39.40 40.63 05/07/2002 42.00 -
42.0446.1 LINDQUIST, MICHAEL 109.79 87.56 22.23 05/02/2002 50.00 -
19.4464.1 LITTLE, CRAIG 111.97 78.80 33.17 04/25/2002 35.00 -
2.4080.3 LJ PROPERTIES, LLC 42.14 41.14 1.00 06/11/2002 15.88 -
2.0458.1 LLOYD, JOHN & DEENA 136.23 101.89 34.34 04/22/2002 30.51 -
32.0602.1 LOLLEY, JUDITH 166.56 136.05 30.51 04/15/2002 64.38 -
2.4270.1 LORD, LARRY R. 63.28 63.20 .08 04/17/2002 100.00 -
7.0890.1 LOREE, TODD 125.97 82.75 43.22 04/26/2002 44.45 -
2.4790.2 LUTZ, SHAUN & AMBER 152.58 73.46 31.73 29.13 18.26 03/20/2002 50.00 -
20.1758.1 LYONS, STEPHEN & LINDA 228.00 220.57 7.43 06/11/2002 75.00 -
4.0816.2 MACOMB, TIM 89.85 60.72 29.13 06/11/2002 29. 13 -
35.1004.2 MAHALlSKO, MIKE 93.86 45.73 48.13 05/13/2002 20.00 -
51.0486.1 MARCH, RICHARD 97.82 38.03 33.11 26.68 03/15/2002 78.68 -
42.1950.1 MARTIN, DANIEL K. 194.1 2 122.55 71.57 04/18/2002 102.00 -
42.1206.1 MARTIN, LOREN 119.83 62.84 56.99 OS/21/2002 60.00 -
74.3592.4 MARTIN, PATTI 86.16 44.31 41.85 05/06/2002 48.28 -
33.4164.1 MARTIN, PAUL 135.03 89.20 45.83 04/24/2002 45.83 -
68.0044.2 MARTIN, THOMAS & JUDI 70.19 34.48 35.71 04/05/2002 30.51 -
50.2300.2 MARTINEZ, DANA & PRESTON 73.88 36.94 36.94 OS/22/2002 38. 17 -
50.1758.1 MARY OWEN 65.66 38.98 26.68 04/22/2002 26.68 -
2.2280.1 MASLEN, JENNY 61.51 61.02 .49 06/17/2002 25.00 -
4.0580.2 MASON, JAMES E 99.85 60.72 39.13 04/18/2002 62.09 -
14.3518.1 MASSEY, TODD 51.13 44.65 6.48
34.1244.1 MATHESON, DAVID 114.51 77.57 36.94 05/16/2002 34.34 -
51.0514.1 MATHEWS, DONNA 53.36 26.68 26.68 05/10/2002 26.68 -
34.2106.1 MATLOCK, MELANIE R. 131.70 103.79 27.91 05/09/2002 26.98 -
22.1068.2 MAUPIN, SHELLY 0 1 26.75 97.62 29.13 05/01/2002 59.08 -
50.4821.1 MAWS #3 - SPRINLKER 3.24 3.24 11/21/2001 42.12 -
1.2050.1 MCBRIDE, 0.8. 139.40 35.88 103.52 03/13/2001 225.87 -
69.2258.4 MCCANDLESS, DOUG 127.91 79.90 48.01 05/02/2002 16.28 -
42.2072.1 MCCLINTICK, TODD & LEISA 165.1 0 107.93 57.17 OS/21/2002 52.11 -
21.0126.1 MCDONOUGH, KEVIN 89.43 86.83 2.60 OS/28/2002 29. 13 -
31.0814.2 MCDOUGAL, MIKE 114.80 105.86 8.94
2.3660.1 MCFADDEN, CLEORA 80.59 79.66 .93 05/10/2002 30.00 -
32.0230.1 MCFADDEN,LEONARD 143.41 143.37 .04 OS/29/2002 124.60 -
31.0822.1 MCKAY, JOHN 155.52 111 .06 44.46 04/23/2002 49.66 -
74.1104.8 MCKINLEY, JUNE 54.27 27.91 26.36 OS/23/2002 27.00 -
21.2154.1 MCKINNEY, BRIAN 87.39 58.26 29.13 05/01/2002 58.26 -
46.0558.2 MCKNIGHT, DANIEL 117.05 72.80 44.25 04/17/2002 80.00 -
22.2500.2 MCLAUGHLIN, MIKE & MEGAN 53.73 53.36 .37 05/10/2002 27.22 -
33.2556.1 MCLEAN, BRANDON 122.23 82.77 39A6 05/15/2002 34.34 -
31.2192.2 MCMILLAN, VICKI 163.86 92.72 29.14 42.00 03/12/2002 26.68 -
74.2342.2 MCMULLEN, FARIS & PATRICIA 76.34 39AO 36.94
74.0420.2 MCNEIL, JACOB 53.36 26.68 26.68 04/15/2002 26.68 -
2.4500.1 MCNETT, DARREN 144.19 97.25 46.94 04/17/2002 78.68 -
50.2444.1 MCNITT, STEVE & TRACY 55.40 29.13 26.27 OS/20/2002 30.00 -
2.3020.1 MCPHERSON. CHARLES F 95.70 64.62 31.08 04/19/2002 37.37 -
50.3726.1 MEATTE, NICKlE 68 AO 35.43 32.97 04/16/2002 57.19 -
*** in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 10
Standard Payment Customers Jun 18,2002 10:29am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
22.2376.2 MEDALLION HOMES INC 1 29.58 68.56 30.51 30.51 03/18/2002 61.02 -
1.2730.1 MELLEN, ANGELA 172.77 119.28 53.49 05/02/2002 69.83 -
3.0422.2 MENDOZA, PEDRO & EVA 122.28 93.00 29.28 04/22/2002 26.68 -
14.4991.1 MERIDIAN SCHOOL DIST 22.68 17.82 4.86
52.1090.1 MERIDIAN SPEEDWAY 2,088.95 529.65 330.49 1,228.81 06/12/2002 1,029.65 -
50.0554.2 METZGER, MICHELLE 64.69 31.73 32.96 04/15/2002 95.05 -
2.2030.1 MEYER, VIRGINIA 103.50 54.22 35.88 13.40 OS/20/2002 20.00 -
31.0886.4 MEYERS, DEBORAH 224.77 180.44 44.33 04/22/2002 114.22 -
42.4034.1 MEYERS, SCOTT 153.63 59.71 42.00 51.92 04/15/2002 30.25 -
19.1708.2 MICHAS, JAMES 159.34 1 03.66 55.68 04/17/2002 85.07 -
74.3696.1 MILLER. GREGORY & ERICA 75.94 36.66 39.28 04/18/2002 57.19 -
21.0054.2 MILLER, JIMMIE 230.58 177.09 53.49 OS/20/2002 80.30 -
19.0284.2 MILLER, PAULA & ALLAN 114.42 78.80 35.62 OS/20/2002 35.00 -
74.2472.2 MILLS, NICOLE 76.73 46.36 30.37 OS/20/2002 26.68 -
46.0886.1 MINEGAR, JOHN 71.17 39.44 31.73 05/08/2002 32.96 -
51.0898.1 MINER, GERALD F. 29.64 29.28 .36 05/16/2002 30. 1 5 -
22.1152.1 MINSEW, CASEY 144.69 116.07 28.62 05/08/2002 15.07 -
64.4070.2 MITCHELL. RANDY 71.40 70.75 .65 04/17/2002 150.00 -
33.4264.3 MOMA, MICHAEL 125.12 89.56 35.56 OS/20/2002 36.79 -
42.1836.3 MONROE, BUD 57.29 57.23 .06 05/13/2002 84.00 -
4.0538.1 MONSON, THOMAS 87.39 58.26 29.13 04/17/2002 97.39 -
3.0874.1 MONTGOMERY, PAT 1 05.45 68.66 36.79 04/1 0/2002 32.4 7 -
22.2088.2 MOODY, SHAIN 1 08.36 70.19 38.17
74.3300.1 MOORE, DONALD L. 58.26 29.13 29.13 04/22/2002 58.26 -
46.0222.1 MOORE, KEVIN & LISA 119.50 67.07 44.60 7.83 05/02/2002 40.00 -
32.0816.1 MOORE, RICK T. 168.99 127.42 41.57 05/03/2002 32.96 -
4. 1634.1 MOORE, RUSSELL C 80.25 66.89 13.36 05/06/2002 50.00 -
32.0806.2 MORGAN, CHARLES 153.69 114.75 38.94 OS/20/2002 40.00 -
2.5630.2 MORRISON, DWAYNE 124.35 89.87 34.48
21.2222.1 MORRISON, ROBERT & CORIN 87.15 59.49 27.66 04/08/2002 30.00 -
74.1018.2 MORTENSEN, KENT & BARBRA 67.17 37.89 29.28 OS/21/2002 26.68 -
74.0024.2 MORTON, MERRILEE 60.74 30.37 30.37 05/06/2002 30.51 -
74.0028.1 MORTON, MERRILEE PARK 53.36 26.68 26.68 05/06/2002 26.68 -
74.0022.1 MORTON, MERRILEE PARK 53.36 26.68 26.68 05/06/2002 26.68 -
74.0026.1 MORTON, MERRILEE PARK 53.36 26.68 26.68 05/06/2002 26.68 -
31.3302.1 MOSS, KARl 86.00 84.00 2.00 05/13/2002 40.00 -
2.0526.1 MOSSI, DAVID L 1 26.85 36.68 90.17 02/20/2002 45.83 -
34.0500.1 MOURITSEN, LAYNE 219.64 168.87 50.77 04/17/2002 76.34 -
32.0650.2 MOWRY, CHARLOTTE 113.25 86.57 26.68 04/05/2002 53.36 -
33.1400.1 MOYLE, AUSTIN 189.93 169.26 20.67 05/02/2002 19.44 -
21.1122.1 MULLIN, MICHAEL 108.72 76.99 31.73 04/22/2002 32.96 -
50.1328.1 MUSSELL, TIM 348.89 338.89 10.00 OS/22/2002 343.23 -
51.3310.1 NASH, EDWARD & RUDGE, CY 46.16 25.88 20.28 OS/21/2002 30.00 -
22.1742.1 NATHAN PUGMIRE 116.55 79.75 36.80 04/22/2002 38. 17 -
2.2150.1 NEAGLE, LOUIE J 160.09 113.69 46.40 04/10/2002 86.23 -
4.1876.2 NEEDS,KATHY 122.27 107.25 15.02 OS/22/2002 108.48 -
19.7344.3 NEILSON, ROBERT 166.36 129.42 36.94 06/03/2002 26.68 -
68.0086.1 NEITZEL, KENNETH & HEIDI 85.60 45.82 39.78 05/07/2002 120.00 -
31.0508.2 NELSON JOHN H. 60.94 60.74 .20 06/07/2002 26.48 -
65.3162.2 NELSON, JANET 71.12 34.33 36.79 04/16/2002 69.75 -
65.0450.1 NELSON, MARILYN 86.52 33.16 26.68 26.68 04/15/2002 28.04 -
69.0600.1 NELSON, MARK & GLENDA 115.96 64.13 51.83 04/05/2002 40.62 -
74.2442.2 NESMITH, JOHN 50.86 49.24 1.62
51.4110.3 NESMITH, STEVE 69.91 33.11 36.80 04/11/2002 64.25 -
3.0660.1 NEWHOUSE, RAYMOND & TINA 111 .77 91.77 20.00 05/17/2002 41.02 -
*** in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 11
Standard Payment Customers Jun 18,2002 10:29am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/2812002 Date Amount
1.3200.1 NEWKIRK, MARYANN 83.73 57.05 26.68 04/16/2002 53.36 -
31.3286.2 NEWLAND, ANTHONY 147.20 104.80 42.40 05/21/2002 52.00 -
50.0034.1 NEWMAN, TIM 28.36 26.68 1.68 05/20/2002 35.00 -
13.8464.1 NORTH WOODS CONSTRUCTI 1 34.4 7 53.36 26.68 26.68 27.75 01/04/2002 11.89 -
13.8434.1 NORTH WOODS CONSTRUCTI 117.79 6.48 36.68 26.68 47.95 01/04/2002 14.49 -
32.1260.2 OCHOA, RAMON 67.68 65.94 1.74 06/11/2002 30.00 -
20.1396.1 OGLESBEE, DAVID & MARITA 163.32 119.95 43.37 OS/20/2002 42.00 -
33.4516.1 OKE, DARREN & PAMELA 215.01 158.92 56.09 04/12/2002 57.32 -
31.0502.2 OLSEN, MARY ANN 186.72 128.17 58.55 05/01/2002 68.81 -
1.1210.2 O'NEAL, GEORGE & JANET 91.11 64.43 26.68 05/01/2002 53.36 -
50. 1 91 8.1 OSTERHOUT, JUSTIN 57.23 30.36 26.87 05/16/2002 30.00 -
13.2094.2 OVERY,ROBBY 103.09 67.45 33.11 2.53 OS/20/2002 53.11 -
72.0268.1 OWEN, KENNETH 78.16 39.08 39.08 04/26/2002 50.31 -
50.3898.1 OWEN, KEVIN 83.86 30.51 53.35 05/21/2002 30.00 -
21.3162.1 OWNBEY, MARION 125.81 125.80 .01 05/15/2002 41.98 -
22.0454.1 P. JANSSON, JAN I E 141.32 121.32 20.00 05/22/2002 74.72 -
43.0376.1 PACKARD ESTATES DEVELOP 150.43 148.81 1.62
31.3504.1 PADDOCK, LINDA 116.13 81.93 34.20 05/02/2002 25.85 -
50.1770.2 PALMER, ELDON 250.54 125.27 125.27 06/06/2002 250.54 -
31.3280.1 PALMER, PAT 144.88 97.14 47.74 05/21/2002 35.00 -
32.0638.2 PALMER, PAT 218.47 123.36 50.77 44.34 04/17/2002 54.14 -
31.2992.3 PARKER, PAUL 287.23 82.49 204.74 05/17/2002 255.03 -
74.3044.1 PARRISH, STEVE 87.04 48.14 38.90 05/20/2002 50.00 -
32.1700.1 PASTIAN, BRYON 74.68 74.50 .18 06/04/2002 32.00 -
32. 1392. 1 PATTEN, JASON 253.02 78.80 79.77 94.45 04/09/2002 84.13 -
2.2490.2 PATTERSON, DEENA L 36.38 36.38 05/17/2001 52.76 -
74.3356.1 PAYNE,STEPHEN 116.12 69.21 46.91 OS/29/2002 53.35 -
51.0746.4 PERKINS, CHARLES 95.64 34.48 34.48 26.68
69.0214.1 PERRY, DAN & LORI 109.16 52.12 57.04 04/09/2002 42.81 -
1.1200.2 PERSIMMON RENTALS 159.21 117.21 42.00 05/09/2002 23.68 -
21.3160.1 PETERSEN, DOUGLAS & JENNI 169.67 129.49 40.18 05/17/2002 36.00 -
22.1430.2 PETERSON, ERIC 236.31 167.79 68.52 05/17/2002 48.28 -
35.0101.2 PETRAIN, JAMES 93.14 48.22 44.92 OS/29/2002 60.00 -
31.3354.1 PETTINGILL, JERI & LEWIS 115.01 84.11 26.68 4.22 02127/2002 159.09 -
42.1842.1 PHILLIPS, ANIKA 83.49 36.85 46,64 05/17/2002 40.00 -
32.1636.1 PHILLIPS, ERNEST 80.04 53.36 26.68 05/21/2002 26.68 -
74.3000.1 PHILLIPS, RICHARD 81.24 40.62 40.62 04/15/2002 81.24 -
42.1208.1 PHIMMASONE, PHETMALEY 83.75 42.04 41.71 04/16/2002 36.77 -
6.9590.2 PIERCE, BURTON & LUCILLE 74.04 49.36 24.68
31 .331 0.2 PIERCE, VELVET 72.37 69.91 2.46 05/01/2002 68.68 -
57.0003.1 PINNACLE FITNESS 440.64 246.24 1 94.40
2.1870.1 PIPER, LARRY 132.97 77.01 29.28 26.68 05/17/2002 26.68 -
32.1590.1 PISCHEL, DEBORAH 123.20 90.43 32.77 OS/22/2002 50.00 -
21.2678.1 PITMAN, DONALD 127.64 81.63 29.13 16.88 03/13/2002 58.26 -
22.1344.1 PLOTT, JOHN 151.57 120.88 30.69 05/10/2002 60.00 -
4.1412.1 PLUMLEY, RODNEY & M. NAO 1 24.71 92.98 31.73 04/15/2002 69.75 -
74.3012.1 POFELSKI, MARK & ABBY 75.11 38.17 36.94 04/23/2002 34.34 -
21.1932.1 POINDEXTER, RICHARD I 198.15 148.50 49.65 04/11/2002 88.90 -
22.0868.1 POLLARD, RONALD 335.82 285.76 50.06 OS/20/2002 125.00 -
21.1942.1 POOL, JAMES H. 259.29 29.13 29.13 201.03 01/15/2002 25.00 -
34.0520.5 POORE, JOHN 205.53 171.05 34.48
2.6130.1 PORTER, DAVID L 71.87 71.81 .06 05/17/2002 30.31 -
69.0522.1 PORTER, DOUGLAS 97.21 72.08 25.13 05/17/2002 75.00 -
21.2604.1 PORTER, RODNEY 170.69 144.25 26.44 05/08/2002 60.00 -
2.0460.1 POTTER, MICHAEL & CONNIE 128.17 1 01 .49 26.68 OS/22/2002 53.36 -
H* in Msg column indicates no Notice is to be sent
CITY OF MERIDIAN Delinquent Account List- council Page: 12
Standard Payment Customers Jun 18,2002 10:29am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
4.1886.2 PRESCOTT, RANDY 32.35 32.35
31.0798.1 PRICE, JOHN W. 128.74 83.72 45.02 OS/24/2002 40.00 -
51.3102.2 PRICE, REBECCA 48.71 30.80 17.91 OS/20/2002 40.00 -
1.3490.3 PRIEST, DONNA 151.18 95.35 55.83 05/14/2002 42.00 -
31.0060.2 PRINCE, JACOB 219.81 133.81 69.72 16.28 04/03/2002 17.51 -
74.3418.2 PRINDLE, SHELL Y 80.96 42.94 38.02 OS/22/2002 36.79 -
21.1828.2 PRINTZ, DENIA 234.97 99.02 47.05 44.45 44.45 03/20/2002 62.11 -
2.2610.1 PRION, TODD 169.03 129.21 39.82 04/16/2002 35.00 -
42.1212.5 PRIOR. DON 93.89 50.80 43.09 04/22/2002 29.28 -
4.2248.2 PUCKETT, RUSSELL 215.91 169.13 46.78 OS/20/2002 38.00 -
14.5034.2 PUTMAN, CHERYL 80.04 53.36 26.68 OS/22/2002 26.68 -
1.0100.2 PYLlCAN, WOODROW A. 99.33 67.45 31.88 04/16/2002 36.68 -
34.1172.1 QUARNBERG,CARL&DOROT 212.71 149.08 63.63 04/17/2002 106.98 -
7.2000.2 RALPHS,PAUL 192.13 143.97 48.16 04/17/2002 83.28 -
19.0570.1 RALPHS, ROD 118.20 82.49 35.71 04/10/2002 72.51 -
21.2766.1 RANDALL, GLENDA 141.51 112.38 29.13 05/01/2002 58.26 -
31.3320.1 RASMUSSEN, BRUCE 114.90 85.62 29.28 04/12/2002 26.68 -
21.3088.2 RASMUSSEN, CLINTON 362.68 274.74 58.81 29.13 04/18/2002 36.79 -
50.1380.1 RAYMOND, CHACE 64.26 32.13 32.13 04/11/2002 64.26 -
21.0118.2 REIS, DAVID 87.39 58.26 29.13 04/22/2002 29.1 3 -
69.0992.2 REMAX CAPITAL CITY PROP M 58.26 29.13 29.13 09/10/2001 59.41 -
21.2918.1 REYES, DAVID & KAREN 192.55 1 36.87 55.68 04/17/2002 91.24 -
42.3742.1 RICE, ALAN 111.67 64.61 47.06 04/25/2002 42.00 -
22.1188.1 RICE, ALLEN 136.22 133.85 2.37 06/06/2002 36.79 -
32.1664.4 RICHTER, TRACY & MOORE, T 77.85 72.65 5.20 OS/29/2002 30.51 -
32.1332.4 RILEY, MARK 68.82 67.45 1.37 05/08/2002 30.51 -
1 .4 1 00.4 RINCOVER, LAWRENCE 73.87 73.04 .83 05/14/2002 42.00 -
51 . 1304.1 ROBNETT CONSTRUCTION 69.92 34.96 34.96
50.4534.1 ROCKE. SEAN 75.94 35.43 40.51 04/18/2002 57. 19 -
74.3156.3 ROE, ASHLE 64.69 32.96 31.73 OS/29/2002 29. 15 -
50.0072.5 ROE, BILL 55.82 27.91 27.91 05/08/2002 26.36 -
74.2632.4 ROE, WILLIAM JR 112.01 66.46 45.55 05/17/2002 42.00 -
74.3090.1 ROGERS, WAYNE & SUSAN 58.26 29.13 29.13 05/02/2002 29. 13 -
50.0158.2 RON SMITH CONSTRUCTION 80.04 26.68 26.68 26.68
31.3048.2 ROOBERTS, HARLAN 130.51 74.55 29.28 26.68 03/14/2002 30.51 -
40.0408.2 ROSEN, THOMAS & CINDY 49.43 45.74 3.69 OS/29/2002 34.34 -
35.2420.1 ROSIN, JUSTIN 109.88 64.33 45.55 04/05/2002 76.34 -
74.2708.4 ROSS, EUGENE 99.30 49.65 49.65 04/25/2002 59.77 -
74.0418. 1 ROWELL, LEE 69.76 68.67 1.09 06/12/2002 66.21 -
51.1170.1 R-TEC CORPORATION 33.76 16.88 16.88 05/15/2002 33.76 -
51.1174.1 R-TEC CORPORATION 33.76 16.88 16.88 05/15/2002 33.76 -
22.2168.1 RULE, ROBERT & CAREY 132.15 86.46 45.69 04/09/2002 38.1 7 -
69.1076.1 RUPERT, DAVID & LAURIE 121.24 58.26 62.98 04/17/2002 95.00 -
1 . 1130.2 RUSSELL. ANDREW 181.51 114.33 67.18 04/17/2002 114.36 -
2.3180.1 RYAN, WALTER 185.90 106.25 26.68 26.68 26.29 03/14/2002 55.00 -
1 9.7156. 1 SALAZAR, DANIEL 99.37 58.56 29.28 11.53 04/18/2002 50.00 -
43.0328.1 SALVATORE,JEFFERY 77.62 44.51 33.11 04/23/2002 30.51 -
4.0548.2 SAUER, DAVID 94.77 65.64 29.13 04/16/2002 87.39 -
2.5680.1 SAXTON, CORY 131.47 89.59 41.88 04/17/2002 57.19 -
42.2046.2 SAYLES, BRETT & JENNIFER 115.45 82.49 32.96 04/16/2002 62.09 -
22.1386.1 SCHAEFFER, MICHAEL 163.89 119.65 44.24 05/02/2002 37.00 -
19.6652.2 SCHELENE, VERNA 62.07 59.49 2.58 06/10/2002 35.00 -
65.0872.4 SCHILD, LES 1 08.31 63.35 16.28 19.97 8.71 03/18/2002 30.00 -
34.2122.1 SCHMIDT, GLEN 203.1 0 153.72 49.38 OS/28/2002 60.00 -
32.1642.1 SCHMIT, JAMES 100.56 67.45 33.11 05/10/2002 40.51 -
*** in Msg column indicates no Notice is to be sent
t
\,
CITY OF MERIDIAN Delinquent Account List- council Page: 13
Standard Payment Customers Jun 18,2002 10:29am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
74.3170.2 SCHNEIDERMAN, MATTHEW 81.24 41.85 39.39 05/07/2002 60.62 -
34.1764.2 SCHOMBURG, PATRICK 84.96 58.28 26.68 04/17/2002 26.68 -
21.1870.1 SCHOPPELREY, DOUGLAS & C 152.05 146.99 5.06 06/12/2002 42.13 -
50.2100.2 SCHORMAN, REGGIE & KORN, 63.48 31.74 31.74 04/09/2002 57.19 -
37.3864.1 SCHRODER ENT 12.96 6.48 6.48
22.1636.4 SCOTT, CHUCK & TIFFANY 89.34 60.72 28.62 06/17/2002 60.00 -
20.1350.2 SCREBNER, WENDY KAY 128.43 89.31 39.12 04/15/2002 53.36 -
69.2262.1 SEDILLO, JOE 177.64 112.81 61.15 3.68 05/07/2002 53.75 -
32.1578.1 SELDIN JR, STEVEN 97.23 73.59 23.64 OS/22/2002 40.00 -
74.2718.2 SELLS, DAVID 49.81 36.79 13.02 05/16/2002 35.00 -
35.2392.2 SEMMER, CHAD & MARY 83.77 46.97 36.80 05/14/2002 30.51 -
21.2904.1 SEVIERI, MIKE 1 04.61 75.48 29.13 05/01/2002 29. 13 -
64.2028.2 SEXTON, MARY 95.10 56.94 38.16 04/05/2002 29.13 -
65.0292.1 SHAW, MICHAEL 74.87 44.36 30.51 04/23/2002 30.51 -
32.0970.3 SHEARER, JOE & RENEITA 198.18 143.19 54.99 04/15/2002 142.52 -
74.0322.2 SHELDON, PAM 50.13 35.43 14.70 05/15/2002 40.51 -
3.0844.1 SHELLI GODFREY 101.70 70.84 30.86 OS/21/2002 30.00 -
42.3008.1 SHELL Y, STEVEN 98.69 40.53 29.13 29.03 03/19/2002 87.49 -
32.1348.6 SHEL TRON, ROGER 90.09 59.79 29.28 1.02 05/01/2002 60.00 -
74.3242.1 SHEL TROWN, ROGER 129.19 61.14 68.05 05/09/2002 60.00 -
42.2526.1 SHEL TROWN, ROGER 173.25 121.18 51.97 .10 OS/20/2002 48.28 -
2.2180.1 SHEPARD, DUWAIN 1 29.66 87.67 41.99 04/16/2002 80. 14 -
69.1588.2 SHEPPARD, MARK & LAURAL 102.73 50.75 51.98 04/05/2002 42.00 -
74.3960.1 SHERARD, BILL 93.82 51.83 41.99 05/13/2002 36.79 -
4.1878.3 SHIRLEY, GARRY 139.33 11 0.20 29.13 05/16/2002 32.96 -
50.0294.1 SHOEMAKER, JAMISON 182.80 98.78 84.02 OS/28/2002 102.22 -
42.2496.1 SIEMON, LESLIE 113.23 70.47 42.76 OS/21/2002 40.00 -
6.9866.1 SIETZ, ALISON & ROB 87.57 61.66 25.91 04/09/2002 24.54 -
74.3096.1 SIGMOND, SERGIO 125.45 64.57 60.88 OS/29/2002 54.45 -
21.0208.1 SILSBY, TERRY 250.01 164.66 85.35 06/03/2002 90.00 -
2.2500.1 SILVA, JOSEPH 325.31 217.91 100.96 6.44 05/10/2002 95.00 -
34.0528.2 SILVA, STEVEN 155.46 123.73 31.73 05/01/2002 29. 13 -
1.2250.2 SIMON, BRADY 160.07 104.79 55.28 OS/29/2002 77.67 -
3.0878.1 SIMPSON, WILLIAM BEN 88.62 58.26 30.36 04/12/2002 58.26 -
31.3028.2 SIMS, JERRY 207.24 139.80 67.44 04/16/2002 58.13 -
21.2836.2 SINGLETON, RODNEY 217.10 110.32 63.33 43.45 04/17/2002 60.00 -
3.0038.1 SKOGERSON, THOMAS 118.50 90.24 28.26 04/12/2002 30.00 -
31.0134.1 SMITH, BRADLEY 69.88 63.20 6.68 06/03/2002 20.00 -
21.1492.2 SMITH, KATHLEEN 83.73 54.59 29.14 04/10/2002 26.68 -
50.0012.1 SMITH, PAUL H. 84.09 48.96 35.13 OS/20/2002 30.00 -
50.0154.3 SMITH, RON 52.87 26.68 26.19 OS/20/2002 31.00 -
74.3480.3 SMITH, RONALD 68.96 34.48 34.48
40.0112.2 SODERLlNG, DIRK & DIXIE 80.08 42.05 38.03 04/26/2002 45.83 -
51.3090.3 SOL TAU, CYRIL 54.01 27.11 26.90 OS/21/2002 9.50 -
32.1576.1 SON, SHELLlE 95.92 63.48 29.28 3.16 05/16/2002 50.00 -
33.2646.1 SONDERMAN, MARTIN 114.98 71.14 43.84 04/18/2002 50.00 -
74.1110.1 SOPER, DONALD 32.06 32.03 .03 05/03/2002 25.85 -
2.5790.1 SOULE, LINDA 196.18 91.49 104.69 05/08/2002 40,00 -
21.3164.1 SOWER, MICHAEL 153.70 120.32 33.38 OS/20/2002 35.00 -
1 .1902.1 SPECIAL TY HOMES INC 389.08 255.79 106.61 26.68 03/14/2002 32.91 -
20.2999.1 SPRINKLER - BRENDA ESTATE 50.78 30.78 20.00 OS/20/2002 123.12 -
74.2428.4 SPRONG, RICHARD 87.37 38.16 49.21 OS/20/2002 32.00 -
56.0004.1 ST. LUKES REGIONAL MEDICA 7,780.55 2,457.35 2,699.92 2,434.34 188.94 OS/21/2002 2,699.92 -
22.1048.1 STEINER, THURSTON 241.94 1 77.23 64.71 OS/22/2002 48.28 -
40.0292.2 STEITZ, WILLENE 131 .04 33.16 26.68 71.20 04/22/2002 100.00 -
*** in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 14
Standard Payment Customers Jun 18,2002 10:30am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
22.2368.1 STERLING SAVINGS BANK 158.98 63.36 95.62 07/23/2001 26.38 -
33.2364.6 STEVENS, GALE 1 53.87 110.78 43.09
74.0048.5 STEWART, ROBERT 72.54 65.23 7.31 05/15/2002 40.00 -
5.0416.1 STIEF, PATTY 223.05 165.90 57.15 OS/20/2002 67.01 -
21.0152.2 STODDARD, NORMAN 170.67 124.85 45.82 OS/21/2002 54.45 -
34.2850.1 STORMS, JAMES & KATHY 206.37 160.54 45.83 05/01/2002 45.83 -
22.1406.2 STRAIGHT, PHILLIP 154.57 11 7.86 36.71 04/12/2002 66.00 -
33.3564.1 STREET, ALLEN 46.19 19.51 26.68 02/13/2002 26.68 -
69.0912.1 SULLIVAN, PATRICK 84.93 43.08 41.85 04/08/2002 36.79 -
50.2186.1 SUMMERS, TIFNI 64.71 31.74 32.97 05/09/2002 26.68 -
13.8462.3 SUNRISE ESTATES 159.25 85.21 50.76 23.28 04/17/2002 40.00 -
51 .1134.1 SWCR 47.98 47.98 12/04/2000 12.96 -
69.1278.1 T C MILLER 121.32 63.04 58.28 05/17/2002 49.73 -
42.2350.2 TADEVIC, GEORGE 64.96 64.33 .63 06/06/2002 40.00 -
2.3370.2 TALBOTT, BYRON 87.81 83.44 4.37 04/17/2002 130.00 -
6.9846.1 TALLMAN, ORRIN 60.76 54.28 6.48 04/05/2002 6.48-
74.2698.2 TAYLOR, DARRELL 53.36 26.68 26.68 04/16/2002 53.36 -
50.1020.1 TECO INVESTMENTS 53.36 26.68 26.68 04/17/2002 29.82 -
33.0056.1 TEL-CAR INC. 227.80 227.80 10/24/2001 322.22 -
69.0140.1 TENNYSON, OWEN 88.78 36.93 51.85 05/17/2002 36.79 -
32.1396.1 THEOBALD, REECE 583.48 411.88 171.60 05/15/2002 31 .88 -
32.1558.3 THOMPSON, GARY 195.28 161 .35 30.51 3.42 05/17/2002 45.00 -
50.2110.2 THOMPSON,RHONDA 95.23 45.69 49.54 04/17/2002 87,83 -
1.1950.1 THORNE, TORY 388.26 258.43 129.83 OS/21/2002 113.00-
1 . 1940.1 THORNE, TORY L 259.44 171.73 87.71 OS/21/2002 69.79 -
21.2768.2 THURBER, RICHARD 161.80 107.35 54.45 OS/22/2002 36.79 -
19.4458.4 THURBER, RICK 91.27 54.59 36.68 04/18/2002 80.04 -
69.0226.1 TIMA, KAREN 122. 16 56.08 66.08 04/17/2002 136.97 -
4.0936.1 TIMM, SEAN 105.03 73.30 31.73 OS/20/2002 32.96 -
42.2544.2 TINTSMAN,TOoD 253. 19 172.35 80.84 05/17/2002 100.00 -
2.4800.1 TODD, JUDY L. 93.54 64.41 29.13 OS/28/2002 26.34 -
2.2200.3 TODD, RICK 87.42 60.74 26.68 OS/20/2002 53.36 -
74.2520.1 TOLAND, DAVID 188.03 144.89 42.96 .18 04/24/2002 59.00 -
74.2620.1 TORRES, PABLO 69.33 40.20 29.13 04/19/2002 58.26 -
50.2248.1 TRICKETT, KEVIN 53.36 26.68 26.68 04/24/2002 26.68 -
42.1172.2 TRYON, PHIL 36.52 33.16 3.36 OS/28/2002 50.00 -
2.2230.2 TUDEHOPE, HEATHER 87.42 60.74 26.68 04/15/2002 26.68 -
4.1658.2 TUDOR,ROB 180.54 137.17 43.37 05/08/2002 38. 17 -
25.4026.1 TUSCANY HOMES 1 29.68 63.36 26.68 26.68 12.96
25.4524.1 TUSCANY HOMES 103.00 36.68 66.32
25.4052.1 TUSCANY HOMES 11 2. 12 36.68 75.44 01/04/2002 17.56 -
25.4532.1 TUSCANY HOMES 80.04 53.36 26.68 05/17/2002 39.64 -
25.4090.1 TUSCANY HOMES 129.68 63.36 26.68 26.68 12.96
25.4010.1 TUSCANY HOMES INC. 103.00 36.68 66.32
25.4068.1 TUSCANY HOMES INC. 104.62 1.62 36.68 66.32
25.4042.1 TUSCANY HOMES INC. 103,00 36.68 66.32
34.2104.1 TYLER, HEIDI 168.56 112.73 55.83 OS/29/2002 44.00 -
50.4522.1 UGARRlZA, SHELBY 38.22 37.88 .34 06/14/2002 40.00 -
52.0263.1 UNDER THE ONION 77.76 61.56 16.20 12/17/2001 145.80 -
74.2876.1 USSERY,TRACY 130.77 61.00 69.77 OS/20/2002 55.94 -
20.3221.1 VALLI BUILDERS 108.88 65.92 32.96 10.00 03/11/2002 32.96 -
20.3218.1 VALLI BUILDERS 80.04 53.36 26.68 05/16/2002 26,68 -
57.0110.1 VAN HEES PROPERTIES 1,334.72 938.51 396.21 03/13/2002 300.00 -
31 .2304.4 VARIN, ANDREW 122.28 93.00 29.28 04/16/2002 57.19 -
21.1032.1 VELADA, FEDERICO 137.55 90.80 46.75 05/31/2002 43.00 -
*** in Msg column indicates no Notice is to be sent
(
CITY OF MERIDIAN Delinquent Account List- council Page: 15
Standard Payment Customers Jun 18,2002 10:30am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
4.1980.4 VENAGLlA, JOHN 132.40 101.89 30.51 05/14/2002 33.11 -
34.1658.2 VIDEEN, STEVEN & ELIZABETH 174.78 134.15 40.63 OS/20/2002 34.34 -
6.1991.1 VIENNA WOODS HOA - SPRINK 38.88 32.40 6.48 06/06/2002 9.72 -
21.0080.1 VINCENT, SPARKY 151.51 112.38 39.13 04/17/2002 76.13 -
7.1052.1 VINEYARD, JAMES 207.92 95.16 112.76 07/18/2001 67.52 -
42.0324.1 VIVES, MARK 96.97 59.56 37.41 OS/29/2002 40.00 -
46.0262.1 VNUK, JOHN J 103.86 58.17 40.62 5.07 04/04/2002 80.00 -
22.0318.1 VOORHEES, MICHAEL 89.73 86.55 3.18 OS/20/2002 60.00 -
74.2690.2 VUITTONET, JUAN 102.68 48.71 49.94 4.03 04/12/2002 60.00 -
21.0124.1 WAGNON, DERICK 60.74 59.51 1.23 03/19/2002 80.04 -
1.2310.2 WALKER, BETTE 177.88 1 20.21 57.67 05/14/2002 42.00 -
2.5730.2 WALKER, BRYCE 134.70 97.53 37.17 OS/20/2002 45.00 -
19.7152.1 WALKER, STEVE 107.91 72.35 35.56 04/18/2002 36.79 -
20.0126.1 WALLACE, CRAIG & KRISTINE 228.86 214.66 14.20 OS/20/2002 75.00 -
64.0074.2 WALLACE, RONALD 81.29 45.73 35.56 05/01/2002 20.1 0 -
46.0860.2 WALMER, TAMMY JO 75.51 41.90 33.61 04/16/2002 58.00 -
32.1306.2 WALSH, DAVID & CARA 119.14 73.58 45.56 04/17/2002 83.58 -
1.3340.1 WALSH, RON 136.52 136.52 01/16/2002 29. 1 7 -
22.1734.1 WAL TERS, J. SCOTT 138.46 87.69 50.77 04/17/2002 84.00 -
69.0760.1 WALTERS, JOSEPH & KATRICE 79.73 42.94 36.79 05/03/2002 32.96 -
21.2240.1 WARD, MIKE 175.62 115.85 59.77 OS/20/2002 55.94 -
33.3648.3 WARDLE, JOHN 1 20.66 80.03 40.63 04/19/2002 34.34 -
1.0460.3 WARDLE, JOHN & CHERYL 83.53 59.02 24.51 OS/22/2002 49.02 -
22.1156.4 WARE, JAIMEE 187.48 145.48 42.00 OS/20/2002 42.00 -
32.0444.1 WARNER, MICHAEL & CYNTHIA 168.28 166.02 2.26 OS/28/2002 50.00 -
50.4296.2 WATKINS, JOHN 49.67 48.01 1.66 05/15/2002 52.50 -
74.3052.1 WATSON, JASON 62.20 45.82 16.38 05/02/2002 130.06 -
21.2712.5 WEBBENHORST, JED 123.42 93.93 29.49 05/15/2002 30.00 -
74.3544.2 WEBBER, ALLANA 57.05 30.37 26.68 06/07/2002 53.36 -
22.1238.1 WEISS, DAVID M. 194.66 158.22 36.44 OS/22/2002 50.00 -
2.3150.3 WELKER, ROGER 166.59 125.82 40.77 05/15/2002 45.83 -
50.1904.2 WELLS, GILBERT 68.38 32.96 35.42 05/16/2002 46.79 -
3.9868.1 WENDELL & KASHA LAWRENC 1,213.17 450.01 682.69 80.47 06/13/2002 170.00 -
37.4100.1 WEST ROCK HOMES 80.04 26.68 26.68 26.68 03/27/2002 33.16 -
1.1110.2 WEST, JONI 113.66 1 07.09 6.57 06/12/2002 34.48 -
34.3266.1 WESTERN FINANCIAL SERVIC 143.61 109.27 34.34 05/01/2002 26.68 -
31.3322.1 WESTON, DECKER 140.79 95.91 44.88 05/15/2002 42.30 -
22.2408.1 WESTROCK HOMES 275.18 68.96 34.48 36.68 135.06
6.9818.1 WESTROCK HOMES 74.00 33.76 23.36 16.88 03/27/2002 33.76 -
37.3808.1 WESTROCK HOMES 80.04 26.68 26.68 26.68 03/27/2002 33.16 -
37.3384.1 WESTROCK HOMES 80.04 26.68 26.68 26.68 03/27/2002 42.24 -
35.0247.1 WESTROCK HOMES 86.52 33.16 26.68 26.68 03/27/2002 53.36 -
22.2374.1 WESTROCK HOMES INC 106.72 53.36 26.68 26.68 03/27/2002 53.36 -
6.1928.1 WESTROCK HOMES, INC. 67.52 33.76 16.88 16.88 03/27/2002 33.76 -
6.9214.1 WESTROCK HOMES, INC. 63.60 33.76 16.88 6.48 6.48
37.3810.1 WESTROCK HOMES, INC. 80.04 26.68 26.68 26.68 03/27/2002 53.36 -
50.1392.1 WHALEN, JOHN 69.16 34.58 34.58 04/18/2002 34.58 -
32. 1404.1 WHITE, ALAN & SHARON 174.84 11 7.38 57.46 05/08/2002 72.64 -
4.0922.1 WHITING, BRENT & LYNETTE 144.04 99.97 44.07 OS/22/2002 21 .00 -
16.3508.2 WHITMIRE, SCOTT & SYNDI 111 .64 58.28 26.68 26.68 03/18/2002 53.36 -
74.3298.2 WIEDENFELD, DAVE 41.85 36.79 5.06 06/07/2002 32.96 -
14.3578.2 WIENDEL, CLIFFORD & LISA 110.81 76.33 34.48
52.0262.1 WILD SHAMROCK LLP 642.64 316.32 326.32 04/17/2002 642.64 -
69.1304.1 WILDE, KENNETH 185.20 110.62 74,58 OS/20/2002 60.00 -
32.0618.2 WILKERSON, JASON 126.00 86.46 39.54 OS/20/2002 30.51 -
*** in Msg column indicates no Notice is to be sent
(
t
CITY OF MERIDIAN Delinquent Account List- council Page: 16
Standard Payment Customers Jun 18,2002 10:30am
Current Period: 06/30/2002
No Delinquent Minimum AmountDelinquent Balance
Last Pmt Last Pmt
Cust No Name Balance Non-Delinq 04/30/2002 03/31/2002 02/28/2002 Date Amount
74.0356.1 WILSON, DEANA 122.83 71.95 50.88 OS/29/2002 44.45 -
20.0166.1 WINFORD, HOWARD 175.86 175.84 .02 05/31/2002 57.15 -
35.0227.1 WINN, RANDY 33.56 33.16 .40 05/13/2002 26.68 -
50.2302.1 WINTERTON, DARIN 78.68 34.34 44.34 04/17/2002 41 .34 -
74.0094.3 WINWOOD, RANDY & CATHY 101.18 82.48 18.70 06/12/2002 65.00 -
4.0896.1 WITHERELL, ROBERT 90.04 53.36 36.68 04/17/2002 80.04 -
35.0285.3 WOODARD, WADE & JENNIFER 105.24 60.78 44.46 04/08/2002 42.00 -
32.1350.2 WOODHOUSE, KELL Y 192.09 126.83 65.26 04/05/2002 45.83 -
31.3344.1 WOODRUFF, NOEL R 197.02 135.87 61.15 OS/21/2002 53.00 -
21.3138.2 WOODS, JEFFERY &CATHERIN 182.16 143.99 38.17 04/09/2002 34.34 -
43.0112.2 WOOLF, JARRY & BARBARA 75.16 40.82 34.34 05/14/2002 30.51 -
21 . 1 004.1 WORTHINGTON, RONALD & LI 1 04.21 101.61 2.60 OS/23/2002 26.68 -
32.1632.1 WRIGHT, MICHAEL & SUSAN 109.45 75.11 34.34 05/15/2002 36.94 -
4.1784.1 WURTZ, RON & SHERRIE 94.63 90.80 3.83 06/04/2002 32.96 -
50.2426.1 WYATT, SAMUAL 98.76 53.07 45.69 04/18/2002 55.83 -
20.2048.5 YASUDA, ROGER 151.41 113.24 38.17
74.3348.4 YEATTS, PAMELA 124,80 66.07 58.73 OS/20/2002 70,00 -
22.0814.1 YELVERTON, MARC 257.1 5 89.73 35.56 39.13 92.73 01/14/2002 76.32 -
68.0158.1 YOKOM, TOM 90.88 44.45 46.43 05/17/2002 30.00 -
50.2338.2 YOUNGER, RUSSELL 53.36 26.68 26.68 05/10/2002 53.36 -
32.1602.1 ZAHM,ROBERT 149.95 1 04.1 2 45.83 OS/29/2002 42.00 -
51.3110.2 ZEIMER, DALLENE 49.02 24.51 24.51 05/09/2002 36.32 -
68.0122.2 ZIMMER, TIM & TAMMY 26.78 26.68 .10 05/08/2002 53.26 -
46.0446,1 ZIMMERMAN, WILLIAM 64.63 64.33 .30 06/04/2002 41,86 -
31.0718.2 ZIOR, RON 115.71 86.57 29.14 04/23/2002 26.68 -
Grand Totals: 121,827.33 75,723.98 35,464,06 5,574.25 5,065.04
Report Criteria:
Terminated customers not included
Customer. Cust No = {<} 9900000
*** in Msg column indicates no Notice is to be sent
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(
BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/18/02
IN THE MATTER OF THE )
APPLICATION OF TOUCHMARK )
LIVING CENTER OF THE )
TREASURE VALLEY FOR )
APPROVAL OF FINAL PLAT FOR )
TOUCHMARK LIVING CENTER )
SUBDIVISION, LOCATED SOUTH )
OF EAST FRANKLIN ROAD, EAST )
OF SOUTH EAGLE ROAD IN AN L- )
o ZONE, MERIDIAN, IDAHO )
CASE NO. FP-02-006
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 June 18, 2002, and the Council finding that the Administrative
Review is complete which has included certain comments and conditions as stated in a letter to
the Mayor and Council from David McKinnon Planner II for the Planning and Zoning
Department, and Bruce Freckleton, Engineering Technician III, listing 5 General Comments and
6 Site Specific Comments, which are herein found fair and reasonable, and that David
McKinnon of 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 OF TOUCHMARK LIVING CENTER SUBDIVISION,
A PORTION OF SECTIN 16, T.3N., R.IE., B~M., CITY OF MERIDIAN, ADA
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TOUCHMARK LIVING CENTER SUBDIVISION / (FP-02-006)
- 1
COUNTY, IDAHO 2002, SHEET 1 OF 4, 20201-PLT BKB 05/08/02,
TOUCHMARK OF THE TREASURE VALLEY, LLC, DEVELOPER, BRIGGS
ENGINEERING, INC., CONSULTING ENGINEERS," Touchmark of the
Treasure Valley, 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 David
McKinnon Planner II for the Planning and Zoning Department, dated June 13,
2002, listing 5 General Comments and 6 Site Specific Comments, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of
three pages, and by this reference incorporated herein, with the additional
requirements as follows, to-wit:
1.1 The Meridian Fire Department requires the following:
1. One and two family dwellings will require a fire flow of
1,000 gallons per minute available for a 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 construc~ion
begins.
3. Acceptance of the water supply for fire protection will be
by the Meridian Water Department.
4. Fire approval of fire hydrant locations shall be by the 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.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TOUCHMARK LIVING CENTER SUBDIVISION / (FP-02-006)
- 2
7. The roadways shall be built to Ada County Highway
Standards.
8. All access roads within the project shall have a clear
driving surface with a minimum width of20'.
9. The entrance off of E. Franklin Road shall not have a grade
of greater than 6%.
10. South Touchmark shall be posted "No Parking Fire Lane".
11. The Meridian Fire Department shall need a fire access road
around the proposed building. A 20' wide access road
around the building during all phases of construction shall
be required. The base shall be a minimum of 6" pit run
with a top layer of 2" of %" crushed graveL
12. Any automatic gate used to secure the facility shall require
MFD approval of the installation and access in the event of
an emergency.
13. Multi-family residential on the site shall require a fire flow
of 1500 GPM plus the amount required by the fire sprinkler
demand.
14. Approved fire department access roads shall be provided
for all buildings is provided with an approved fire sprinkler
system. Exception: The exception to this requirement is if
the building is provided with an approved fire sprinkler
system.
15. The Meridian Fire Department shall seek the assistance of
the developer in getting signs posted along the freeway
indicating the presence of fire hydrants in close proximity
to the 1-84. These fire hydrants would be used in the event
of a transportation incident on the highway.
1.2 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TOUCHMARK LIVING CENTER SUBDIVISION / (FP-02-006)
- 3
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:
1.2.1 State of Idaho Catalog Of Stormwater Best
Management Practices For Idaho Cities And
Counties. Prepared by the Idaho Division Of
Environmental Quality, July 1997.
1.2.2 Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works
Department, January 1997.
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
improvements.
By action of the City Council at its regular meeting held on June 18, 2002.
By:
R RT D. CORRIE
Mayor, City of Meridian
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TOUCHMARK LIVING CENTER SUBDIVISION / (FP-02-006)
- 4
Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department,
and City Attorney.
BY~P~f=/~
ity Clerk ' I
Dated:
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z: \ W ork\M\M eri d ian \Meri d ian 15360 M\ Touchmark Living Cntrs S ubdi vision FP02~006\OrderFP .doc
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TOUCHMARK LIVING CENTER SUBDIVISION / (FP-02-006)
- 5
~L-\YOR
Robert D. Come
HUB OF TREASURE VALLEY
A Good Place to Live
CITY COUNCIL rvIE~fBERS
Tammy deWeerd
Keith Bird
Cht:rie !vfcCandless
\l/illiam L.!vI. Nary
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO .83642
(208) 888-4433 . FAt"\: (208) 887-4813
City Clerk Office Fax (208) 888-4218
MEMORANDUM:
To:
Mayor, City Council and Planning & Zoning Commission
David McKinnon, Planner II NA
Bruce Freckleton, Senior Engineering Tech ~
Touchmark Living Cen.ter Subdivision
From:
Re:
LEG,AL DEPARThfENT
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
BUILDING DEPA.R.T~iENT
(208) 898-5500 . Fax 887-1297
PLA1'iNING .AND ZONING
DEP ARTi\.fENT
(208) 884-5533 . F A...",{ 888-6854
June 1 3, 2002
RECEIVED
j U ~1 1 3 2002
GJTY OF rv'1ERIDlAN
CITY CLERK OFFICE
· Final Plat Approval of Eight (8) Building Lots and Eleven (11) Other Lots on
113.15 Acres in an L-O Zone, by Touchmark Living Center of the Treasure
Valley (File No. FP-02-006)
We have reviewed the above-referenced submittal 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:
APPLICA TION SUMMARY
The applicant, Touchmark Living Center of the Treasure Valley, has applied for final plat
approval of a nineteen (19)-lot subdivision [8 building lots and 11 other lots] on 113.15 acres of
land. The City of Meridian annexed the subject property on May 15, 2001 (Ordinance No. 01-
917) and approved a conditional use permit (File No. CUP-99-039) for the applicant to develop
the property into a mixed-use retirement community consisting of a large number (700-750) of
various types of residential dwelling units (single-family/townhouse/multi-family/assisted-living
etc...), medical offices, commercial/retail businesses and a senior community cent~r. Detailed
conditional use permits for other portions of the development will be submitted for approval at a
later date.
Upon reviewing the final plat, staff bas determined that the plat complies with the approved
conditional use permit and the approved preIiminary plat.
LOCATION
The subject property is located directly east of St. Luke's Hospital, approximately 1/3 mile east
of Eagle Road, and fronts on Franklin Road approximately ~ mile east of the Eagle and Franklin
Road intersection.
SURROUNDING PROPERTIES
North: Under-developed commercial and industrial zoned land (C-G and I-L). R.C. Willey is
located just northwest of the proposed subdivision.
South: 1-84
b.~.'b:-/- '~'I I O-f~TOU~S~.~
FP -02-006
Planning & Zoning COIlll\ 'ion/Mayor & City Council
June 13, 2002
Page 2
East: Edgeview Estates Subdivison, zoned RI-C (Boise)
West: St. Luke's Hospital, zoned L-O, Montvue Park Subdivision, zoned R-l (County).
SITE SPECIFIC COMMENTS /FINAL PLAT
1. Building permits may be applied for as approved during the conditional use process. No
occupancy permits will be released until the fmal plat is recorded and all required
improvements are in place and signed off by the City of Meridian.
2. Water and service to this site shall be via service lines from the existing mains adjacent to
the property as well as from an existing well within the property, which the City is in the
process of acquiring from the applicant. Sanitary sewer service shall be provided via
extensions from existing mains adjacent to the property.
3. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. The applicant has indicated that they are designing a pressure irrigation system to
utilize the Ridenbaugh Canal (actually the Snyder Lateral) as the primary source of
irrigation. A secondary source of irrigation will be supplied via reservoir/city supply for
times when water is not available in the Snyder Lateral. This secondary source shall only
be utilized during off-peak times.
4. Any tree over four (4) inch 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. Req~ired landscape buffer trees will not be considered as replacement
trees for those trees that have to be removed.
5. The applicant shall meet all conditions of the approved conditional use permit, File No.
CUP-99-039.
6. The applicant shall coordinate with the Meridian Public Works Department and the
Meridian City/Rural Fire Department to determine fire flow requirements. . A letter from
the Fire Department stating required fire flow requirements prior to final plat approval.
GENERAL COMMENTS
1. Coordinate fire hydrant placement with the City of Meridian Public. Works Department.
2. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, pressurized irrigatio~ sanitary sewer, water, etc., prior to signature on the
fmal plat.
3. One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
FP -02..(X)6
Ex!'. 'h, t 'rJ " ~ of ~
Touchmarlc Sub FP
Planning & Zoning Co~', '.on/Mayor & City Council
June-I3,2002 '
Page 3
subdivider1s expense. Typical locations are at street intersections and/or fire hydrants.
4. Fencing and landscaping shall be installed as previously approved for phase 1, (approved
during the preliminary plat approval process). Additional detailed landscape plans will be
required for all future phases of the project with the appropriate final plat applications.
5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confumation of said approval submitted to the Public
Works Department.
COMPREHENSIVE PLAN POLICIES
The subject property is located in an area designated as Mixed Residential in the Meridian
Comprehensive Plan. The 1993 Comprehensive Plan contains a variety of goals and policies that
are relevant to this application. Staff has selected the following sections that most directly apply
to the proposed project.
Goals Section
Goal 3: To encourage the kind of economic growth and development that supplies employment
and self sufficiency for existing and future residents. · ..
Goa14: To provide housing opportunities for all economic groups within the community.
Goal 8: To establish compatible and efficient use of land through the use of innovative and
functional site design.
Economic Development Chapter
1.1, 1.3, 3.2
Land Use Chapter
1.4U, 1.8U, 2.1U, 2.2U, 2.3U, 4.8U, 6.8U
Transportation Chapter
1.4U, 1.2U, 1.19U
Openspace.. Parks and Recreation
2.5U
Housing
1.1,1.4,1.6,1.19,
Community Design
5.2, 6.5U, 6.11 U
RECOMMENDA TION
Staffrecommends approval of the final plat, with the above stated comments and conditions.
FP -02-006
EV,.'h,'1 ~""oP S.
Touchmark Sub FP
-. "-,--. (
( .
9lt<A-~~ ?~3-t fbi tpkbUG ~+i~ -1JuVY~t8!
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 18, 2002, at 6:30 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 from May 21, 2002 City Council Regular Meeting:
B. Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
c. Approve minutes from May 29, 2002 City Council Regular Meeting:
D. Findings of Facts and Conclusions of Law: CUP 02-008
Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing Moxie Java coffee shop by Avest
Limited Partnership - 1800 North Locust Grove Road:
E. Findings of Facts and Conclusions of Law: CUP 02-009
Request for a Conditional Use Permit for a residential development
consisting of four town-house style units in a two story building in
an Q-T zone for Thornton Four-Plex by Scott J. Thornton - 121
East King Street:
F. Findings of Facts and Conclusions of Law: AZ 02-007 Request
for annexation and zoning of 40 acres from RUT to R-4 zones for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
G. Findings of Facts and Conclusions of Law: PP 02-008 Request
for Preliminary Plat approval of 152 building lots and 5 other lots on
40 acres in a proposed R-4 zone for proposed Marlin Subdivision
by Winston Moore - north of 1-84 and east of South Linder Road:
Meridian City Council Agenda - June 18,2002 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.
(
H. Findings of Facts and Conclusions of Law: CUP 02-010
Request for a Conditional Use Permit for a Planned Development
for single-family residential lots in a proposed R-4 zone for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
I. Findings of Facts and Conclusions of Law: V AR 02-006
Request for a variance to city ordinance to allow an off premise
sign at the southeast corner of E. Fairview Avenue and N. Locust
Grove Road by Locust Grove Ltd.. LLC:
J. First Addendum to Consent to Annexation Agreement for
Edinburgh Place No.2 - Corrected Legal Description:
K. Beer and Wine License for Carol J. Snider dba Harks Corner -
1651 W. Franklin Road:
L. Appointment of Impact Fee Committee Members and
Administrator:
M. Contract with W & H Pacific to survey the Borup Property (29
acres on West Cherry Lane):
N. Change Order Number 3 for Meridian Settlers Park by
American Paving (for installing sewer main, additional survey,
concrete and earthwork):
O. Award of Contract for Waste Water Treatment Plant Diesel
StQrage Tank Project:
P. Change Order Number 1 for Black Cat I Ustick Water Line
Project:
4. Swear in New Police Officer - Meridian Police Department:
5. Department Reports
6. (Items Moved from Consent Agenda)
7. Resolution No. Approve Lease Agreement
with Boys & Girls Club of Ada County, Inc. for use of old Meridian
Police Department building:
Meridian City Council Agenda - June 18,2002 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.
8. Resolution No. Approve Lease Agreement
with Department of Corrections Parole & Probation for space in new
Meridian Police Department building:
9.
Resolution No.
Deputization Resolution:
Prosecutor
Cross
10. Ordinance No. : Amending Ordinance No. 01-
908 Vallev Shepherd Church of the Nazarene AZ 00-018 - Corrected
Legal Description:
11. Ordinance No. : Amending Ordinance No. 01-
938 Locust Grove LOS Church AZ 01-019 - Corrected Legal
Description:
12. Tabled from June 4, 2002: Ordinance No. : ZA 02-001
(Amberstone Zonina Amendment) Request for amendment to Zoning
and Subdivision Ordinance by Jim Jewett and B & A Engineers:
13. Tabled from June 4, 2002: AZ 02-003 Request for annexation and
zoning of 3.84 acres from R-1 to R-8 zones for proposed Amberstone
Subdivision by Jim Jewett - south of West Cherry Lane and south of
North Summertree Way:
14. Tabled from June 4, 2002: PP 02-002 Request for Preliminary Plat
approval of 19 building lots and 2 other lots on 3.84 acres in a proposed
R-8 zone for proposed Amberstone Subdivision by Jim Jewett - south
of West Cherry Lane and south of North Summertree Way:
15. FP 02-005 Request for Final Plat approval of 22 building lots and one
other lot on 5.81 acres in an R-40 zone for Cooper Canyon Subdivision
by Wildwood Development LLC - on East Wilson Lane, east of South
Locust Grove, south of East Fairview Avenue:
16. FP 02-006 Request for Final Plat approval of 8 building lots and 11 other
lots on 113.15 acres in an L-Q for Touchmark Living Center
Subdivision by Touchmark Living Center of the Treasure Valley - south
of East Franklin Road and east of South Eagle Road:
17. Public Hearing: AZ 02-009 Request for annexation and zoning of
1.00 acre from RUT to L-Q zones for the proposed Meridian Fire
Department Locust Grove Substation property by the City of Meridian -
3545 North Locust Grove Road:
Meridian City Council Agenda - June 18t 2002 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.
("
18. Public Hearing: AZ 02-005 Request for annexation and zoning of
196.20 acres from RT to R-4 zones for proposed Tuscany lakes
Subdivision by Gem Park II Partnership - west of South Eagle Road and
south of East Victory Road:
19. Public Hearing: PP 02-006 Request for Preliminary Plat approval of 455
single-family lots, 38 common lots and 1 other lot on 190.47 acres in a
proposed R-4 zone for proposed Tuscanv Lakes Subdivision by Gem
Park II Partnership - west of South Eagle Road and south of East Victory
Road:
20. Public Hearing: CUP 02-006 Request for a Conditional Use Permit for a
Planned Unit Development consisting of 353 buildable lots and 31
common lots on 138.88 acres for proposed Tuscanv Lakes Subdivision
by Gem Park II Partnership - west of South Eagle Road and south of East
Victory Road:
21. Water, Sewer and Trash Delinquencies:
Meridian City Council Agenda - June 18, 2002 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 CO( ",- '02(
tATION REPORT ** AS OF JUN 14 ..0 PAGE. ell
CITY OF MERIDIAN
DATE TIME TO/FROM MJDE MIN/SEC PGS CMDij STATUS
16 06/14 12:38 3810160 EC--S 01' 58" 004 029 OK
17 06/14 12: 40 PUBLIC WORKS LF--S 00' 56" 004 029 0<
18 06/14 12:42 2088881193 EC--S 01' 08" 004 029 OK
19 06/14 12:43 8841159 EC-S 01' 09" 004 029 OK
20 06/14 12: 45 2088840744 EC--S 01' 08" 004 029 a<
21 06/14 12:46 2088845077 EC--S 01' 10" 004 029 OK
22 06/14 12:48 208 898 5501 EC--S 01'08" 004 029 0<
23 06/14 12:50 LIBRARY EC--S 01' 30" 004 029 OK
24 06/14 12:52 2083776449 EC-S 01'09" 004 1329 OK
25 06/14 12: 53 208 388 6924 EC--S 01' 29" 004- 029 a<
26 06/14 12:55 888 6854 EC--S 01' 13" 004 029 CK
27 06/14 12: S7 2083757154 EC--S 01'08" 004 029 0<
28 06/14 12:59 8950390 EC-S 01' 08" 004 029 OK
29 06/14 13: 02 208 387 6393 EC--S 01 ' 09" 004 029 OK
30 06/14 13:03 ADA CTY DEVELMT G3--S 02' 14" 004 029 a<
31 06/14 13: 06 CHERIE MCCANDLES EC-S 01 ' 28" 004 029 OK
32 06/14 13:08 CHERRY LANE EC--S 01' 30" 004 029 ()(
--------------------------------------------------------------------------------------------
Plt~~e.., ?O~-t. fbt <P~Uc.., Iloti~ - ih~!
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 18,2002, at 6:30 p.m.
City Council Chambers
1. RoJl..caU Attendance:
_ Tammy de Weerd
_ Cherie McCandless
_ Mayor Robert Corrie
_ Bill Nary
Keith Bird
2. Adoption of the Agenda:
3, Consent Agenda:
A. Approve minutes from May 21, 2002 City Council Regular Meeting:
a, Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
C.. Approve minutes from May 29, 2002 City Council Regular Meeting:
D. Findings of Facts and Conclusions of Law: CUP 02-008
Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing Moxie Java coffee shop by Avest
Limited Partnership -1800 North Locust Grove Road:
E. Findings of Facts and Conclusions of Law: CUP 02-009
Request for a Conditional Use Permit for a residential development
consisting of four town-house style units in a two story building in
an O-T zone for Thornton Four-Plex by Scott J. Thornton - 121
East King Street:
F. Findings of Facts and Conclusions of Law: AZ 02-007 Request
for annexation and zoning of 40 acres from RUT to R4 zones for
proposed Marlin Subdivision by Winston Moore - north of 1..84
and east of South Linder Road:
G. Findings of Facts and Conclusions of Law: PP 02-008 Request
for Preliminary Plat approval of 152 building lots and 5 other lots on
40 acres in a proposed R-4 zone for proposed Marlin Subdivision
by Winston Moore - north of 1-84 and east of South Linder Road:
Mt:ridii&n City COW1cil ^gcn~ - ] une 18. 2002 P:tgc I of 4
All tnQteria1s pftSented :lot public meetings s~JI buome property of t~ City of Meridian.
Anyone desiring accommodation for disabilities related lo documents: ;1.ndlor heArings
plt'4lSe con~t the City Cle~s Office ~t 888-4433 ~t!=.st 48 hours prior to the public meeting.
(
** TX CONFIR~ iON REPORT **
(
AS OF JUN 14 '~~ 13=24 PAGE. 01
CITY OF MERIDIAN
01
02
03
04
05
07
DATE TIME TO/FROM
06/14 13=10 POST OFFICE
06/14 13: 13 208 888 1983
06/14 13=15 Walter R Johnson
06/14 13:16 208 467 9562
06/14 13:19 208 888 6700
06/14 13:23 Laurel
CMDf: STATUS
029 OK
029 OK
029 OK
029 OK
029 OK
029 OK
MODE
EC--S
G3--S
EC--S
EC--S
EC-S
EC--S
MIN/SEC PGS
01' 58" 004
01' 37" 12104
01' 10" 004
01' 28" 004
01' 08" 004
01' 10" 004
--------~----~--------~----~-----------~-------------------------~--------------------------
~Wt- ?O~-t fby CPukLtc..- '1'lo+i~ -1Jl.()lYu:~!
CITY OF MERIDIAN
CITY COUNCil REGULAR MEETING
AGENDA
Tuesday, June 18, 2002, at 6:30 pam,
City Council Chambers
1. RolJ..call Attendance:
_ TammydeWeerd
Cherie McCandless
_ Mayor Robert Corrie
_ Bin Nary
Keith Bird
2.. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes from May 21, 2002 City Council Regular Meeting:
B. Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
C.. Approve minutes from May 29, 2002 City Council Regular Meeting:
D. Findings of Facts and Conclusions of Law: CUP 02-008
Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing MoXie Java coffee shop by Avest
Limited Partnership - 1800 North Locust Grove Road:
E. Findings of Facts and Conclusions of Law: CUP 02.Q09
Request for a Conditional Use Permit for a residential development
consisting of four town-house style units in a two story building in
an Q...T zone for Thornton Four-Plex by Scott J. Thornton - 121
East King Street:
F, Findings of Facts and Conclusions of Law: AZ 02-007 Request
for annexation and zoning of 40 acres from RUT to R..4 zones for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
G.. Findings of Facts and Conclusions of Law: PP 02-008 Request
for Preliminary Plat approval of 152 building lots and 5 other Jots on
40 acres in a proposed R-4 zone for proposed Marlin Subdivision
by Winston Moore - north of 1-84 and east of South Linder Road:
M-=ridi-m CiLy COuncil ^Sm~ - June 18. 2002 Page 1 of 4
AU materials presented "-t p1Jblic meetings smH become property of the City of McridWt.
Anyone desiring accornmodlltion for disabilities f'Clntcd to documents and/or hearings
please contact the City Clerk's Office ~t 888-4433 :at k::ast 48 hours prior to the public meeting.
(-
** TX CONF I RMI--. " ON REPORT **
(
AS OF JUN 14 jb~ 13:32 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
08 06/14 13:31 2089394445
MODE MIN/SEC PGS CMD~ STATUS
EC--S 01' 08" 004 035 OK
------~------------~-----------~-----------~----------~---~---~------~---------------~------
CITY OF l\1ERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 18, 2002, at 6:30 p.m.
City Council Chambers
1. Roll-caJl Attendance:
_ Tammy de Weerd
Cherie McCandless
_ Mayor Robert Corrie
_ Bin Nary
Keith Bird
2. Adoption of the Agenda:
3.. Consent Agenda:
A.. Approve minutes from May 21, 2002 City Council Regular Meeting:
B.. Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
c. Approve minutes from May 29, 2002 City Council Regular Meeting:
0.. Findings of Facts and Conclusions of Law: CUP 02-008
Request for a Conditional Use Permit for a drive-thru window and
drive-thru lane at an existing Moxie Java coffee shop by Avest
Limited Partnership - 1800 North Locust Grove Road:
E. Findings of Facts and Conclusions of Law: CUP 02-009
Request for a Conditional Use Permit for a residential development
consisting of four town...house style units in a two story building in
an O-T zone for Thornton Four-Plex by Scott J. Thornton - 121
East King Street:
F. Findings of Facts and Conclusions of Law: .AZ 02-007 Request
for annexation and zoning of 40 acres from RUT to R-4 zones for
proposed Marlin Subdivision by Winston Moore - north of 1-84
and east of South Linder Road:
G. Findings of Facts and Conclusions of Law: PP 02-008 Request
for PreJiminary Plat approval of 152 building lots and 5 other lots on
40 acres in a proposed R4 zone for proposed Marlin Subdivision
by Winston Moore - north of 1-84 and east of South Linder Road:
Meridian City Coum:il Agenda - June 18. 2002 P~g; I of 4
All m\iteri.11s presented It public: meetings shall become property of the City of Meridisn.
Anyone desiring accommodation for disabilities related to documents 3l1d/or hemngs
please con~t the City Clerk's Offrce ~t 888-4433 at least 48 hours prior to the pubHa meeting.
(
"
(--
AS OF JUN 19 '02 00:31 PAGE. 01
** TX CONFIRMATION REPORT **
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
DATE TIME TO/FROM
06/18 23:49 3810160
06/18 23:52 PUBLIC WORKS
06/18 23:53 2088881193
06/18 23:55 8841159
06/18 23:57 2088840744
06/18 23:59 2088845077
06/19 00:00 208 898 5501
06/19 00:02 LIBRARY
06/19 00:04 92083776449
06/19 00:06 208 388 6924
06/19 00:08 888 6854
06/19 00:10 2083757154
06/19 00:12 2083362100
06/19 00:14 8950390
06/19 00:16 208 387 6393
06/19 00:18 ADA CTY DEUELMT
06/19 00:21 CHERRY LANE
06/19 00:23 POST OFFICE
06/19 00:26 208 888 1983
06/19 00:28 208 467 9562
06/19 00:30 208 888 6700
MODE
EC--S
UF--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--S
EC--5
EC--S
EC--S
G3--5
EC--5
EC--S
G3--S
EC--S
EC--S
CITY OF MERIDIAN
MIN/SEC PGS
02'09" 004
01'03" 004
01'15" 004
01'17" 004
01' 16" 004
01'16" 004
01'15" 004
01'41" 004
01' 15" 004
01'38" 004
01'16" 004
01'15" 004
02'09" 004
01'15" 004
01'15" 004
02'18" 004
01'39" 004
02'08" 004
01'41" 004
01'39" 004
01'15" 004
CMDt:t
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
086
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
--~~-~--~~~-~~~~-~~~~~~~-~~~-~~-~~~~~-~~~~~~~~~~~-~~--~~~~~-~--~~-~--~-~~~-~~-~~--~~~~--~~~-
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, June 18, 2002, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd X 8m Nary
=x Cherie McCandless )( Keith Bird
~ Mayor Robert Corrie '
2. Adoption of the Agenda:
3. Consent Agenda:
A. Approve minutes from May 21, 2002 City Council Regular Meeting:
aff"YO v..c..
B. Approve minutes from May 29, 2002 City Council Joint Workshop
with Ada County Highway District
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, June 18, 2002
at 4:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Y Tammy de Weerd
X Cherie McCandless
X Mayor Robert Corrie
)( Bill Nary
'X Keith Bird
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
/'2d? de'CF"iI ~
Meridian City Council Special Meeting Agenda - June 18,2002 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
(
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, June 18, 2002
at 4:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Bill Nary
Cherie McCandless
Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
Meridian City Council Special Meeting Agenda - June 18, 2002 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
,.- '02(_
** TX ( .Rt1=lT IOJ-..I REPORT ** AS OF JUN 14 R PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM t'YJDE M 1 WSEC PGS CMDI:t STATUS
10 06/14 15: 05 3810160 EC-S 00' 24" 001 1338 OK
11 06/14 15:06 PUBLIC WORKS LF-S 00'09" 001 038 OK
12 06/14 15: 07 2088881193 EC--S 00' 18" 001 038 OK
13 06/14 15:08 8841159 EC-S 00'18" 0131 038 OK
14 06/14 15: 09 2088840744 EC-S 00' 21" 001 1338 OK
15 06/14 15: 113 2088845077 EC-S 00'21" 13131 1338 OK
16 06/14 15:11 20889855131 EC-S 1313' 20" 001 1338 OK
17 06/14 15:11 LIBRARY EC--S 00' 19" 001 038 OK
18 06/14 15:12 92083776449 EC-S 00'20" 13131 038 OK
19 06/14 15:13 208 388 6924 EC-S 00' 18" 001 038 OK
20 06/14 15:14 888 6854 EC-S 013'26" 13131 1338 OK
21 06/14 15: 15 2003757154 EC--S 00'20" 001 1338 OK
22 06/14 15: 16 8950390 EC-S 130'20" 13131 038 OK
23 06/14 15:17 CHERIE MCCANDLES EC--S 00' 20" 001 1338 OK
24 06/14 15: 18 CHERRY LANE EC-S 00' 18u 001 038 OK
25 06/14 15: 19 POST OFFICE EC-S 00'24" 001 1338 OK
26 06/14 15: 20 208 888 1983 G3-S 00'26" 0131 038 OK
2:7 06/14 15: 21 208 467 9562 EC-S 00'18" 001 038 OK
28 06/14 15: 22 208 888 6700 EC--S 00' 20" 001 038 OK
31 06/14 15:26 Laurel EC-S 00'19" 001 038 OK
--------------------------------------------------------------------------------------------
~lt03e. ?O~1: ~y ?lA1lic. l/.oit-eu- ihMt~!
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
TU8sday.June18,2002
at 4:30 pwm.
City Council Chambers
1 w RolI...call Attendance:
_ Tammy de Weerd
Cherie McCandless
Bill Nary
Keith Bird
_ Mayor Robert Corrie
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
Meridian city COtnC~ SpeciaJ Meeting Agenda -June 18.2002 Page 1 of 1
AI materials presented at pubtic meetings Dhall become property of tM CJty of Mttidl:m.
Anyone desb1ng accommodaUon fordisabiiUes ret.ated to documents anc&for hearing
ptegse contact the Cky Cterk's OffICe at 888-4433 at !east 72 hours prior to thQ pubVc meeting.
/"
** TX CONFIR~~.. tON REPORT **
(
AS OF JUN 14 ~~~ 15:27 PAGE. 01
CITY OF MERIDIAN
29
30
32
DATE TIME TO/FROM
06/14 15:23 3810160
06/14 15:24 PUBLIC WORKS
06/14 15:27 2088881193
MODE
EC--S
UF--S
EC--S
MIN/SEC PGS
00'34" 001
0121'15" 001
00'24" 001
CMD;t STATUS
039 OK
039 OK
039 OK
------------------------------------~---~---~-----------------------------------------------
MAYOR
Robert D. Corrie
'VlR.o$~ <YO~-t :f;;-r ?u.bt-c. Ylob'~ --ihtt-1'zkS~
~~~
"~. ~.
, .~ t'I~' ." "r
~~. ~
~ P /' CITY OF ~~:.. . c."
L/VLerzdian j.;' \
ID^HO J~
.). Y
~ P
LEGAL DEPARTMENT
(208) 28&-2499 · F:lx 2&R,.250 1
PARKS & RECREATION
(208 888..3579 · ~x 898-5501
PUBUC WORKS
(208) 898.5500 .F~x 887-1297
BUILDING DEPARTMENT
(208) 887-22J1 · Fax 887-1297
PLANNING AND ZONING
(208) 8S4-SS33 · Fax 8S8-6BS4
CITY COUNC1L MEMBERS
Tnmmy deWeerd
wmiam L. M. N:n)'
Cherie McCandless
Keilh Bird
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Gode 67-2345 (1) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 14th day of June) 2002.
\,,\lUlI'''I,/ ~
\\\\ Mr:: 1111
",\'-1 or ....FiID, 11//,,' - J;-~ ~
" ~, ~ /" ~.-//
~"c} of'POFl4 )-. IV ...-:.... ~c--
~ c; ~ ~ .
i ~ 0 ~ WILLIAM G. BERG. JR. CITY CLERK
~ & g
~ vQ ,Qjo~
~ 7.0 ~,.. 151 · ~.f
'/..., ~ 'SJ ~ ,,,....
~/'/I Cf.otj~tB!'T'Citf~~'ncil Special Meeting - June 14, 2002
AU materials P~~.~ ~~. pUbltc meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and lor hearings,
please contact the City Cleri(s Office at 888-4433 at least 72 hours prior to the public meeting.
33 EAST IDAHO. MERIDIAN, IDAHO 83642
(208) 888..4433. F~ (208) 887.4813 · City Clerk Office F~ (208) 888-4218 · Hum~ Resources F!l.k (208) 884-8723
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
"",
,.
\4
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
PARKS & RECREATION
(208 888-3579 · Fax 898-5501
PUBLIC WORKS
(208) 898-5500 .Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 · Fax 888-6854
MA YOR
Robert D. Corrie
~ IDAHO ~
~ }
10.<- /..
'C ~.,
t:.'.!r.12R -{ 0
~~ fSINCE
, 1903
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Code 67-2345 (1 ) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 14th day of June, 2002.
\\\\\llllltlll/ ?
,,\\\~~\\Of MER/~{i///// ~" ~ /J-~ ~
" ~, rLt /.... ~
" ~ 0 -1A. /.....
'" (j o~p ftt1").. .. y ~ c-..,... .
, G ~ ~ .
f ~ () \ WILLIAM G. BERG, JR. CITY CLERK
- -
= SEAL ::
7. &'
~ Vo ,<?io2
~ i"A USr 15\ · ~ ~
......... vA'f tol... ~
/"'... -1 \\)' ",
~>/II CiA.etit?i.fi!1'City ~'Uncil Special Meeting - June 14, 2002
All materials pfe'se~,~~ ~~ pUblfc 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 72 hours prior to the public meeting.
33 EAST IDAHO · MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723
~ ;'
** TX q <i1=IT I ON REPORT ** AS OF JUN 14 ' 0~\_<, .2. PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM t1'JDE M I N/SEC PGS CMD~ STATUS
02 06/14 15: 29 8841159 EC-S 00' 25" 001 039 OK
04 06/14 15: 31 2088840744 EC---S 130'24" 001 039 OK
05 06/14 15: 32 2008845077 EC-S 00' 25" €l131 039 OK
06 06/14 15: 33 200 898 5501 EC-S 1210'24" 001 039 OK
07 06/14 15: 34 LIBRARY EC-S 00' 29" 001 1339 OK
08 e6/14 15: 35 92083776449 EC-S 00' 24" 001 039 OK
09 06/14 15: 37 888 6854 EC-S 00'24" e01 039 OK
113 06/14 15:38 2083757154 EC-S 00' 25" 001 039 OK
12 06/14 15:39 89503913 EC-S 013'23" 001 039 OK
13 06/14 15:40 Laurel EC-S 00' 25" 001 1339 OK
14 06/14 15: 41 208 387 6393 EC-S 00'24" 001 039 OK
15 06/14 15:42 CHERIE MCCANDLES EC-S 00'29" 001 039 OK
16 06/14 15: 44 CHERRY ~ EC-S 00' 29" 001 1339 OK
17 06/14 15:45 POST OFFICE EC--S 00' 34" 1101 1339 OK
18 06/14 15: 46 208 888 1983 G3-S 00' 30" 001 039 OK
19 06/14 15:47 208 467 9562 EC-S 00' 29" e01 039 OK
2el 06/14 15: 48 208 888 6700 EC-S 00' 25" 001 039 OK
24 06/14 15: 53 ADA CTY DEVELMT G3--S 00' 41" 001 039 OK
29 06/14 15: 58 208 388 6924 EC-S 00' 29" 001 039 OK
--------------------------------------------------------------------------------------------
MAYOR
Robert D. Corrie
~~e... ?O~i: ~y ?tJX;.~ YLob-et.- ih~~~
,""t~~i!' ~
~:.,tI~' ~
,-......, ~ ./' CITY OF ~~ ,_ '_'"
\..../VL erldltrn ;.~. \
ID^HO J.~
;.. 6Y
LEGAL. DEPARTMENT
(208) 22UI-2499 · ~x 28ll..2501
PARKS &: R.ECREATION
(208 888..3579 - Fax 898-5S0 I
punuc WORKS
(208) 898.5$00 -Fa:t &87.1297
BUILDING DEPARTMENT
(208) 8S7-22J I - Fu 887-1291
PlANNING AND ZONING
(208) 884-5533 · FOlX 888.GaS4
CITY COUNCJL MEMBERS
Tammy deWeetd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF SPECIAL MEETING
MERIDIAN CJTY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the Cjty of Meridian
will hold a Special Meeting at City Hall) 33 East Idaho, Meridian) Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hoJd
an Executive Session (the session is dosed to the public) in accordance with
Idaho State Code 67-2345 (1) (b).
The pUblic is welcome to attend the special meeting but the executive
sessron will be closed to the public.
DATED this 14th day of June, 2002.
",\\\\\\1111111/111", ~
,,\.\\'~ or MEFi'IDi ,..,'......... - - j1.~ Sl
~..., ~ ....Dt"\J::l.. ~~ ~ r,. - -i / c::-.
"" () ,,o-rv: ..... ~ )-~ ~ ~.
( ~ SEAL 0 \ WIlliAM G. BERG, JR. CllY CLERK
i! ~
~ ~/- "Qi 0 ~
-::.""0 .....Q..,. 1 S i . ~...~
'/" ':"{ ~ '?' ,.........
""// ~~ta!rCity ~l1ncil Special Meeting - June 14, 2002 . . .
All materials P~.~ ~~. publiC meetings shall become property of the City of Mer~dKln.
Anyone desiring accommodation for di$abijities related to documents and I or heanngs,
please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
33 EAST IDAHO · 'MERIDIAN. IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813 · City Clerk Oftlcc FOlX (208) BS8a42J8 · Hum~ Resources FlU: (::!OS) 884--8723
CVle.J),1~ ?o2>-t ]Dy ?cJJLcL l1oft-Q;-1~~:'s!
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, June 18, 2002
at 4:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd
Bill Nary
Cherie McCandless
Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
Meridian City Council Special Meeting Agenda - June 18, 2002 Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
MAYOR
Robert D. Corrie
'V liar" - CY 0 S-t ~y 1\cw ~ ~b. CR.. i'-" ~CVYl ts ~
,~ !it;"
~:-~~fil~".' f-;:.
~-~ _ ,/(1) Y;
clfe~;dl;~~{l;"',\,
IDAHO J~
~ ,Y
~'c /-
S:""-r.€ "i Q
Ro~ SINCE
,- \ 1903
LEGAL DEPARTMENT
(208) 288-2499 - Fax 288-250 I
PARKS & RECREATION
(208 888-3579 - Fax 898-550 J
PUBLIC WORKS
(208) 898-5500 -Fax 887.1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 · Fax 888-6854
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Code 67-2345 (1) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 14th day of June, 2002.
\\\'ltl1111t/f111 1
"",~~ of MERlO;i///// ~. ~ J1-~ ~
" ~, 1"--1: // ~
$''''' c} ~POFt4 I~ /~ c.-....-
..... (,0 r~ -" .
f ~ <:> \. WILLIAM G. BERG, JR. CITY CLERK
- -
~ SEAL ~
~ QJ
-;. c,Q ~Oj 0 2
~ l'^ USr 15\ ' .;c. $
--;.. vA'f h... ~
//..... -7 \0'" ........'
///11 CfAetj~tart'City ~ilncil Special Meeting - June 14, 2002
All materials pfe"seQt.~~ ~t pUblfc 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 72 hours prior to the public meeting.
33 EAST IDAHO · MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813 · City Clerk Oftice Fax (208) 888-4218 · Human Resources Fax (208) 884-8723
(
** TX CONFIR~.. LON REPORT **
(
AS OF JUN 14 ;~_ 15:39 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MINVSEC PGS
01 06/14 15:28 208 387 6393 EC--S 00'17" 001
03 06/14 15:30 ADA CTY DEUELMT G3--5 00'38" 001
11 06/14 15:39 JIM JOHNSON ----5 00'00" 000
THIS DOCUMENT IS STILL IN MEMORY
CMDj::J STATUS
038 OK
038 OK
038 BUSY
------~---------~----~-------~---~---~---~---~----------~---~---~---~---~-------------------
))lto..Se.. ?O~t j;y ?tJJlic.. l1oit"cu- ih.m~!
CITY OF MERIDIAN
CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, June 18,2002
at 4:30 p.m..
City Council Chambers
1. Roll-call Attendance:
_ Tammy de Weerd
Cherie McCandless
_ Bill Nary
Keith Bird
_ Mayor Robert Corrie
2. Adoption of the Agenda:
3. Executive Session as per Idaho State Code 67-2345 (1) (b):
Meridian City Council Special Meeting Agenda -June 18.2002 Page 1 of 1
AD materials ptesf:ntod at public meetings shall become propeny 01 the C~ 0' Mtridl3n.
Anyone desiring accommodation for disabilities related to dCCJments and/or hearing
please contact the- city Cleri(s OtrK:8 at 888-4433 at least 72 hours prior to thg public meeting.
** TX CONFIR~, ~ON REPORT **
(
AS OF JUN 14 \~~ 16:03 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDij STATUS
02 06/14 16:03 JIM JOHNSON ----5 00'00" 000 039 BUSY
THIS DOCUMENT IS STILL IN MEMORY
-----------~--------~--------~--------------------------------------------~-----------------
MAYOR
Robert D. Corrie
~lR.o$e.. <YO~-t ~y fu..bti.(. Yloh~- ihM'lts.!
. :~...
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f"'- p / C.ITY OF ~~~t ~ " ""'<'
'-/VLerzdian ;.; \
ID^HO l'/
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l-EOAL DEPARTMENT
(208) 28&-2499 · F:lx 28R-2501
PARKS & RECREATJON
(208 888..3579 · Fax 898-550 I
punuc WORKS
(208) 898..5500 -Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fllx 887..1297
PLANNING AND ZONING
(208) 8S4-SS3) · F..x 888..G854
CITY COUNC1L MEMBERS
Tammy deWeerd
WiUiam L. M. N~ry
Cherie McCandless
Keith Bird
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East IdahoJ Meridian, Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Code 67-2345 (1) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 14th day of June, 2002.
\\\,"111111111 Jt
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~ ~'" ~ "... ~
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~ & .~~ ~ .
f ~ 0 \ WILLIAM G. BERG, JR. CllY CLERK
SEAL
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~ ~ -Q"15"1. ~ ..:~ .
~"'" ~ (:) ~ ....,...... .
1'/111/ 9.&o~l~ity ~'ilncil Special Meeting - June 14, 2002
All materials pr~"sefl:!.~~ ~}. pUbltc meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and lor hearings,
please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
33 EAST IDAHO · MERIDIAN, IDAHO 83642
(208) &88-4433 · F~x. (208) 887-48 13 · City Clerk Oftlc:e F:u. (208) 888-4218 · H u m~ Resources Fax (208) 884-8723
MAYOR
Robert D. Corrie
(
, Jf)
"~~~f" (.
~~_": . .;~-f, .~
~ ~ /' CITY OF L~~l~..
'--../VL erldi{[n~-~t;~~\
~ IDAHO ~
~ J
:Yo<- /_
'~~ Q/
AIt~ SINCE
\ 1903
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-250 I
CITY COUNCIL rvtEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
PARKS & RECREATION
(208 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500 -Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 · Fax 888-6854
NOTICE OF SPECIAL MEETING
MERIDIAN CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Tuesday, June 18, 2002 at 4:30 P.M. The Meridian City Council will hold
an Executive Session (the session is closed to the public) in accordance with
Idaho State Code 67 -2345 (1 ) (b).
The public is welcome to attend the special meeting but the executive
session will be closed to the public.
DATED this 14th day of June, 2002.
\\\\\lUIII"'!I! ?
"",~~\ Of MERIO;i////" ~' .... /J-~ c;-
" ~, #~ /..... ~
~.......... c} ~POR.4 /V.....~ G-.,."
"- 00 ~ / .
f ~ <) '\ WILLIAM G. BERG, JR. CITY CLERK
- -
~ SEAL ~
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........... '\..I......., 'h.... "
....../,.. -1 \0' ,....'
///1/ ~tjQiJfJl'City ~ilncil Special Meeting - June 14, 2002
All materials p;e'sem:t~~ ~t pUblfc meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and / or hearingsl
please contact the City Clerk1s Office at 888-4433 at least 72 hours prior to the public meeting.
33 EAST IDAHO · MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723