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Home My WebLink About2002-06-04 ( CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 4, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X_ Tammy de Weerd X ~ Cherie McCandless X K Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ~Kaf ~~ 3. Consent Agenda: 5- D. f) -- E. ~- F. A. Approve minutes from May 14, 2002 City Council Workshop: APP~~~S from May 15, 2002 City Council Special Meeting: DeV~::-Agreement: AZ 00-019 Request for annexation and zoning of 100~71 acres from RUT to R-4 zones for Revised Cedar 5prinas by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: Find~~ and Conclusions of Law for Approval: AZ 02- 006 Request for annexation and zoning of 76~ 16 acres from RUT to R-8 zones for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road anq East Ustick Road: ~~ f.p ~ lJ - (Z,f'JPYllV1e. as ~ Findings of Facts and Conclusions of Law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: j"h.{/~ 1-0 ~ E - Up ~ ~ a.f u~c-<.... Findings of Facts and Conclusions of Law for Approval: CUP 02-007 Request for a Conditional Use Permit for a Planned Development for single-family residential dwellings, private open space with club house, gazebo, parks and neighborhood scaled commercial site for proposed Heritaae Commons by BrightO,n B. c. Meridian City Council Agenda - June 4, 2002 Page 1 of 4 All materials presented at public meetings shall become property oftbe City ofMeridiaa Anyone desiring acconnnodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (' ( 4. Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: j A d J# A . Wv('/J v~ h 7 F - appro v.R a.J q,.,~ G. Findings of Facts and Conclusions of Law for Approval: VAC 02-002 Request for a Vacation for unopened future streets within lots 5 and 6, block 1 of Timothy Subdivision for Pack It Up Subdivision by Pinnacle Engineers, Inc. - west of South Locust Grove Road and north of East Overland Road: ~fJyt)~ H. Findings of Facts and Conclusions of Law for Approval: VAR 02-004 Request for a Variance to allow a second time extension for recording the final plat for Pack It UP Subdivision (formerly Overland Mini Storage Subdivision) by Pinnacle Engineers, Inc. - west of South Locust Grove Road and north of East Overland Road: ctppov--<- I. Findings of Facts and Conclusions of Law for Approval: V AR 02-001 Request for a Variance to the landscape requirements for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: ~V1-<- J. Findings of Facts and Conclusions of Law for Approval: PFP 02-001 Request for Preliminary/Final Plat approval of 4 building lots on 6 acres in a C-G zone for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: w?/"'Pv~ K. White Drain Sewer Trunk Easement, John Kennedy: ajrylro~ L. White Orain Sewer Trunk Easement, Howell-Murdoch Easement: o//!"O ~ M. Approve Beer I Liquor License Application for Michael McGuinness at Whitewater Saloon -1646 N. Meridian Road: af'frt9 v~ N. Approve Bills: appro v..e.- Department Reports - f1-O f'l-f.-., (Items Moved from Consent Agenda) J J Ei F Continued Public Hearing from May 7, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Ct9?Vh YlL.<,.L P I A- -k? ..T d'11/./.P t 2-e> P Z- ~ Continued Public Hearing from May 21, 2002: Proposea Amendment to the Comprehensive Plan for the City of Meridian: al'~ ~ ~~p~ /lJ!-F~~ , . - Me~an City ci>uncil Agenda - June 4, 2002 Page 2 of 4 All materials presented at public meetings shall become property of the City of MeridiatL Anyone desiring acconnnodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 5. 6. 7. 8. 9~ 10. 11. 12. 13. 14. 15. 16. ( Tabled from May 21, 2002: FP 02-004 Request for Final Plat approval of 51 building lots and 4 other lots on 20~76 acres in an R-4 zone for Bear Creek Subdivision No.5 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: ~~ Tabled from May 21, 2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13~85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: ~~ Ordinance No. ZA 02-001 (Amberstone Zonina Amendment) Request for amendment to Zoning and Subdivision Ordinance by Jim Jewett and B & A Engineers: Ctnt.-~ Iv ~ /8 ~ I 2.9t?Z- ~ Closed Public Hearing Tabled from May 21, 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: C~~/AL. I-t? ~/81J-/ 2tP&'2- ~ Closed Public Hearing Tabled from May 21, 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: ~ /7? ~ /OfP./ Zo192- ~ Ordinance No. {:} Z - q ~ Z-: AZ 00-019 Request for annexation and zoning of 1 00.71 acres from RUT to R-4 zones for Revised Cedar Sprinas by Kevin Howell Development - northwest comer of North Meridian Road and West Ustick Road: ~~ Public Hearing: 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 Lim.ited Partnership - 1600 North Locust Grove Road: tfl-YhrJ1.er fo pF1e~~ -PI-P'; e{..e. m- o/l;1n>trtLL Public Hearing: '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 Eas. t King Stre. at: ,,/ I' IJ /_ ~ ~~/-o~p~hf2(e-{ ~~o Public Hearing: 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: ar~ f-u2- j'JtWr~ .J3/f:-" cJ~ c:fin- ~~ Meridian City Council Agenda - June 4, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17. Public Hearing: 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: 1)/ r.J /' // /'~ _~ J'} . a~ f-o ~f?WU- 7"1 :r y e -< -;-v c..- ~ v--~ 18. Public Hearing: 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: l5/r .J /1 /; ~ L/b i'-o~ c;i/~r4Vj -Iv pytel? ~ -r t ,- T v (-'t..- - I r 19. Public Hearing: VAR 02-006 Request for a variance to city ordinance to allow an off premise sign at the southeast comer of E~ Fairview Avenue and N~ Locust Grove Road by Locust Grove Ltd.. LLC: alhnl'--t!'j fv pr.efe1VLG rFll' <I e/~ Rv ~/?d Meridian City Council Agenda - June 4, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ---- . j1 / Jwru Iff ZOO? <--{0 Item Packet Pickup 'VttC~ .-:If UP 1.4 CJ..~I {-{ - S u (; t-\- .P i, - \ ~ C;Y ..... (U \/III VVl OV' ~ ~~~ Ub,{J.L f, - r '---"" 11'\ nv \Kt-m'-' - ::p r /! \: CaJ2a... s:/l vt ~t:j/.Z.. - - ..Pickedup by Dat~ · Time" Employee ~-:-- _~ ~'____;-: _ --- ,Ini_tials- - ~4hrBi-oZ7J: 50 SE5 ~~ ~ C -) 1IJ'll) _ /JJ( J ;rf.t4) /lJ'-- ~ - ~ ' I~: 35 ,1\tL./ ~~~(~ (~~ 2$L . ~J) r.o --)'" ~ ~1. I D' II - ......", ,;- j ~t,~_~~,~\, ( r~:_ ,> 'l,; , /, ii -t ;-~i' ~,- '-_, ~ · .,.s ~ffA: ./ d~ ~ q ~ ~-l.);{)Z- (?~~ ~~ \.IV\..o-w ~"TJ.4.VA h.uvt. fl.-uv ~ _ ~ (p........, -()~ J.~ '-I r ~ Proje_ct_____ : '--" ( June 28, 2002 MERIDIAN CITY COUNCIL MEETING July 2, 2002 APPLICANT ITEM NO. REQUEST Approve minutes from June 4, 2002 City Council Regular Meeting: 8-1t 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 vJU cu,r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Reaular Meeting June 4. 2002 The regular meeting of the Meridian City Council was called to order at 6:40 P~M., Tuesday, June 4, 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 Hawkins-Clark, Will Berg, Ken Bowers, Shari Stiles, Tom Kuntz, and Dean Willis. Item 1: Roll Call Attendance: Roll Call: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: We welcome everybody here this evening. ('m sorry we got a little late start~ We were touring the new police building and it's going to be pretty nice. I don't want to be a prisoner, but I think it's pretty nice. I will open the City Council regular meeting on Tuesday, June the 4th, 2002, at 6: 40. Roll call, please, Mr. Berg. Item 2: Adoption of the Agenda: Corrie: Okay. Council we have -- the second is the Adoption of the Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We can take care of the changes with the deal that -- Corrie: Yeah. That would be -- Bird: With that, then, I move that we adopt the Agenda as noted. Corrie: Okay. Any further corrections? Additions? Okay~ Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, I noticed something tonight in our information, the changes in the Findings on Heritage Commons that are on the Consent Agenda. ( Meridian City Council Meeting June 4,2002 Page 2 of 66 Bird: Yeah. We can change that out on the Consent Agenda. Nary: Okay. Great. I'm sorry. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, one of the things that I believe -- I expect you will do, I hope you will do would be to table Item 10 and continue Items 11 and 12 all to June 18th, but because those items are behind the Bear Creek and the Comprehensive Plan discussion, in all fairness to Mrs. Powell, who is here on behalf of the applicant, if ies your pleasure to continue those items, if you could do so as part of your adoption of the agenda, then she does not have wait around, then, for all those discussions. Bird: The motion will change, then, if that will please everybody on the Council. Mr. Mayor, I'll withdraw that motion and I would move that we adopt the agenda and I'll go through the whole thing. On the Consent Agenda we will move -- we would like to move Items D, E, and F to 5-0, 5-E, and 5-F. Item No.1 0 was the ordinance for Amberstone zoning amendment. I'd like to table that to June 18th, 2002. And also Items No. 11 and 12, which is closed Public Hearings tabled for Amberstone Subdivision for the annexation and zoning and the request for Preliminary Plat on Amberstone Subdivision, also continue them to June 18th, 2002, and we would also like to continue the Item No. 6, the proposed Comprehensive Park and Recreation System and Action Plan to July 2nd, 2002. Nary: Second. Corrie: Okay. Any other -- motion has been made and seconded. Any other discussion? Okay. Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve minutes from May 14,2002 City Council Workshop: B. Approve minutes from May 15, 2002 City Council Special Meeting: C. Development Agreement: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Meridian City Council Meeting June 4,2002 Page 3 of 66 Springs by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: 5-0. Findings of Fact and Conclusions of Law for Approval: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: 5-E. Findings of Facts and Conclusions of Law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: 5-F. Findings of Facts and Conclusions of Law for Approval: CUP 02-007 Request for a Conditional Use Permit for a Planned Development for single-family residential dwellings, private open space with club house, gazebo, parks and neighborhood scaled commercial site for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Findings of Facts and Conclusions of Law for Approval: VAC 02-002 Request for a Vacation for unopened future streets within lots 5 and 6, block 1 of Timothy Subdivision for Pack It Up Subdivision by Pinnacle Engineers, Inc. - west of South Locust Grove Road and north of East Overland Road: H. Findings of Facts and Conclusions of Law for Approval: VAR 02-004 Request for a Variance to allow a second time extension for recording the final plat for Pack It Up Subdivision (formerly Overland Mini Storage Subdivision) by Pinnacle Engineers, Inc~ - west of South Locust Grove Road and north of East Overland Road: I. Findings of Facts and Conclusions of Law for Approval: VAR 02-001 Request for a Variance to the landscape requirements for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: J. Findings of Facts and Conclusions of Law for Approval: PFP 02-001 Request for Preliminary/Final Plat approval of 4 building lots on 6 acres in a C-G zone for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: K. White Drain Sewer Trunk Easement, John Kennedy: Meridian City Council Meeting June 4,2002 Page 4 of 66 L. White Drain Sewer Trunk Easement, Howell-Murdoch Easement: M. Approve Beer I Liquor License Application for Michael McGuinness at Whitewater Saloon - 1646 N. Meridian Road: N. Approve Bills: Corrie: Item 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the previous changes of moving D, E, F to 5-D, 5-E and 5-F on the regular agenda and for the Mayor to sign and the Clerk to attest on any contracts or noted papers. De Weerd: 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 approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports Item 5: (Items Moved from Consent Agenda) 5-0. Findings of Fact and Conclusions of Law for Approval: AZ 02-006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: 5-E. Findings of Facts and Conclusions of Law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: 5-F. Findings of Facts and Conclusions of Law for Approval: CUP 02-007 Request for a Conditional Use Permit for a Planned Development for ( { Meridian City Council Meeting June 4,2002 Page 5 of 66 single-family residential dwellings, private open space with club house, gazebo, parks and neighborhood scaled commercial site for proposed Heritage Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: Corrie: Department Reports, being none, so we will go to 5-0, E, and F. Staff comments. Well -- is staff ready to comment on 0, E and F, why we are moving it? I believe there was a -- yes. Brighton Corporation sent a memo to us. Do you have that, Shari? Have you seen it? Stiles: Yes. Mr~ Mayor and Council, Brad Hawkins-Clark did review the changes that are requested and staff agrees with all requested modifications. Corrie: Okay. I assume the applicant agrees to that as well? Wardle: Yes, we do. Corrie: Okay. Thank you. Council have any questions? Hearing none, then, I will entertain a motion to approve the Findings of Facts and Conclusions of Law on D, E and F with the changes that were submitted by Jonathan Wardle, so we can -- want to take them individually or -- okay. De Weerd: Mr. Mayor? Corrie: Mrs~ de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for approval of the request for annexation and zoning for Heritage Commons and for the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Motion has been made and seconded. Any other discussion? Hearing none, Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting June 4,2002 Page 6 of 66 De Weerd: I move we approve the Findings of Fact and Conclusions of Law for approval of the preliminary plat for approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritage Commons and ask the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Motion 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 approved. MOTION CARRIED: ALL AYES. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the Findings of Facts and Conclusions of Law for approval of CUP 02-007, for Heritage Commons and ask the Mayor to sign and the Clerk to attest. McCandless: 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 ayes. Motion is approved. MOTION CARRIED: ALL A YES~ Item 6. Continued Public Hearing from May 7, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Item No.6 has been continued. We willi guess -- De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we continue the Public Hearing for the proposed Comprehensive Parks and Recreation System and Action Plan to July 2nd, 2002. Meridian City Council Meeting June 4,2002 Page 7 of 66 Bird: Second. Corrie: Motion has been made and seconded. Is there anyone -- since we haven't even opened -- is there anyone here that has come to testify that can't testify on July the 2nd? Okay. We have got a -- the reason we are delaying that is the impact fee committee is making their final approval for the impact fees for the parks to coincide with the Parks and Ree. System Action Plan, so -- okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. We will continue the Public Hearing until July the 2nd. MOTION CARRIED: ALL AYES. Item 7: Continued Public Hearing from May 21,2002: Proposed Amendment to the Comprehensive Plan for the City of Meridian: Corrie: Item No. 7 is a continued Public Hearing from May the 21 st, 2002. This is a proposed amendment to the Comprehensive Plan for the City of Meridian. At this time I will open the Public Hearing and staff comments. Hawkins-Clark: Mr. Mayor, Members of the Council, you should have received in your packets two new items since the last meeting as requested. I guess one is requested and the other one was new. The main reason you continued the last hearing was, again, for the discussion of the proposed text in the Comprehensive Plan regarding the Urban Service Planning Area. Prior to the last meeting you had received a May 21 memo from Gary Smith and Brad Watson and in that memo they had provided three options primarily regarding sewer and water service to those areas that are outside the city limits and within the area of impact. Given the significance of the change from the proposed text, Council decided to continue that. The new item that you received was from myself, a memo dated May 30, and that had essentially two new paragraphs that more or less kind of provide the framework for how the text in the Comprehensive Plan policy section could read. I inserted a spot -- a location that -- that would essentially deal with your discussion tonight regarding the policies and so I don't think that -- unless you need me to -- to go over the May 30 memo that more or less just kind of provides some new language on what the Urban Service Planning boundary is, then I kept some of the text that was already in the previous draft, which all of the public reviewed and received, I think, really, in terms of policy, the main new issue that is in there that was not in the draft that the public had available to them is -- really comes back to these three options presented by the Public Works Department and, again, just to summarize what Brad Watson did at your last meeting, Option A on their memo essentially deals with urban density development outside the city limits is only going to be considered with annexation applications and if connected to the City of Meridian water and sanitary sewer. So that will -- if you will, that is the most restrictive of the three options in terms of development in the area of impact. Essentially it would require all properties to be contiguous before they could even submit an application for development to the city. Otherwise, we would simply receive request via Ada County Development Services and Meridian City Council Meeting June 4,2002 Page 8 of 66 we would comment on those. Option B, then, would allow the urban density development outside the city limits without an annexation request. So, in other words, they could potentially be considered -- it is through Ada county, but only if connected to City of Meridian water and sanitary sewer and, again, as with Option A, only where those are constructed in conformance with our master plans. That's in both A and B that they have to be constructed in conformance with Meridian water and sewer master plan. And then C would simply just leave the language as it was originally proposed in the draft that the Planning and Zoning Commission approved and that was in the March 2001 draft. So I think what's before you tonight is -- in terms of the continued Public Hearing, is a decision on one of those three options and then if you're in agreement with the additional text that I have proposed, just for the benefit of the public, since I don't know who may have received it, the new paragraph essentially does deal with a review of public service issues and that the city would consider in any review of developments that are in the area of impact, the impact on police and fire in particular, not just the city water and sewer. So I think in terms of the continued Public Hearing, those are the two main items that were new. Our hope is that you can make a decision on that and make a recommendation and approve one of those changes and then we do have the May 30 memo from Steve Siddoway that included the land use -- the future land use map, which is essentially the same map that you had received, there was just error on a small parcel that we had missed before, so should you move on it tonight, it would be the May 30 -- the future land use map dated May 30 that was included with Steve's memo and then I think you have got the May 15th memo that has all of the other text amendments and a proposed motion for the Council that are -- that was discussed at your May 15th meeting and at that meeting I think Council was more or less in agreement with many of those changes that dealt with demographics -- demographic and population numbers and mainly some grammatical changes. Corrie: Thank you, Brad. Council, comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, the population numbers will not be stated in this Comprehensive Plan? Is that not correct? Hawkins-Clark: That is not correct. The intermountain demographics are -- from Dale Rosebrock was the -- De Weerd: In those tables. Hawkins-Clark: In the tables. Correct. Yeah. Not the -- his numbers were much less than what you saw with regard to the parks when we -- when we were reviewing the park's plans and those, so his projections are in the May 15th memo and if you were to adopt that, along with the March 2002 draft, then it would include his text and it has the employment numbers, demographics, and other census updates. Meridian City Council Meeting June 4, 2002 Page 9 of 66 De Weerd: Okay. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Before we open the Public Hearing, I do want to make sure that I -- I did speak to a couple of the members, John Eaton and Mark Estess and Larry Durkin, on the Comprehensive Plan. Bird: Mr. Mayor? Corrie: Mr. Bird~ Bird: I would also like to note that I talked to Mark Eaton and -- or Mark Estess and John Eaton also regarding the Comprehensive Plan. Corrie: Anybody who didn't? Nary: I also spoke to Mr. Eaton -- Corrie: Let the record show that I did as well talk to all three. Actually, I did more listening, but -- so we are all set then. Open the Public Hearing, so anybody that wishes to testify -- okay. Is the testimony you're about give the truth, the whole truth, and nothing but the truth, so help you God? Eaton: Absolutely. Corrie: I'll give you about three minutes, take five at the most. Eaton: Mr. Mayor, Members of the Council, my name is John Eaton, with the Building Contractors Association of Southwestern Idaho. We are at 6206 North Discovery Way in Boise. We are here tonight to ask you on behalf of the people that were involved in this process through the Planning and Zoning hearings that took place previously, to hold off any changes at this time to the text in the Comprehensive Plan as noted in the May 21st memo from Gary Smith and Brad Watson. As some of you may know, this was a long, long process that we went through and we had a lot of input, it was a very good process we thought, we were very happy with the staff work that took place and with the input from the community that was allowed. We had several of our members that worked on this and this section of the plan that you're looking at changing -- I'm not sure which page this is in the future conditional land use regarding the Urban Service Planning Area language, we are -- we were concerned that this came up the last minute. We have not seen this until this last week, that's the first time that we had heard about these changes. We worked through this process with the staff and our understanding was that we had an agreement on this language before it came to the Council out of P&Z and for them to change it now I think is a little too late. I cannot move that fast for my board of directors to find out if any of these changes that they propose are anything that we Meridian City Council Meeting June 4,2002 Page 10 of 66 could accept or would support. However, we will make a commitment that if this does go forward with the language that is currently in the Camp Plan, we will sit down and some of the other contractors will also with your staff and see if there is anything that we can do to address your concerns to help out -- I understand that they do have some serious concerns and we think that maybe some of those will have merit and need to be addressed, but not at this time. Corrie: Okay. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Eaton, are you taking a position on only the May 21st memo or are you also taking the position on the May 30th memo that Mr. Hawkins-Clark prepared? Eaton: Mr. Mayor, Mr. Nichols, I have not seen the May 30th memo that Mr. Hawkins- Clark prepared. I would -- I can't take a position on it, because we did not get it. I will say this, I would recommend that you hold on that also, because I do not know that we -- I don't know if it's a significant change or not, because we haven't had a chance to look at it. I think that the document that you got substantially, from Planning and Zoning, was something that we spent countless hours working with your staff on and with your Planning and Zoning Commission and any changes that were made to that we would like the same level of input. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: John, who all participated in that? Eaton: Several members of our association. I don't know all their names. Some of them are here. We also had -- just run through our developers council and passed our board of directors. De Weerd: What staff members? Bird: Oh, your staff members. I'm sorry. Brad and Steve were mostly involved. Brad Hawkins-Clark and Steve, I think, and you did have somebody from Public Works there, but I'm not sure who it was. De Weerd: Thank you. Corrie: Any other questions? Bird: I have none. Meridian City Council Meeting June 41 2002 Page 11 of 66 Corrie: Okay~ Eaton: Thank you. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Durkin: It is. Corrie: Name and address, please. Durkin: My name is Larry Durkin. My address 1505 Tyrell Lane, Boise, Idaho. 83706. I did speak with some of you and I just wanted to state on the record why that was the case. There was some confusion from the Clerk's office whether this was going to be a Public Hearing and open to the general public or if it was only going to be staff testimony. As some of you know, I have been involved in this process for I think about three years now, beginning -- our first meeting was over at a school auditorium and breaking up into lots of different groups and meeting a couple weeks ago in Public Hearing and I was most concerned and the reason I met with you, I thought the process that we had established early on, in the middle, and at the end, was being changed rather significantly and I was concerned about that. There were a number of times throughout that process when I -- well, I, frankly, twisted arms of realtors and building contractors to make certain compromises and this change in the utility hookup for the boundary line or whatever we are calling it, seemed like a last minute a lot of people that were involved in the process just really hadn't had an opportunity to -- I am here tonight to tell you that this change doesn't have any effect on me, it doesn't have any effect on any of our clients, but I was most concerned with the process~ And I'm also here to commit my immediate time and efforts to sit down, either in a workshop setting or with staff, and with the affected parties and come up with language to make it more satisfactory. I think overall the document that you have hashed out through the last Public Hearing is an excellent document and the process that you have gone through has been the finest I have ever seen. Be happy to answer any questions. Corrie: Thank you. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Estess: I do. Corrie: Name and address, please. Estess: My name is Mark Estess and my address where I work professionally is 9550 West Bethel Court in Boise, Idaho~ I'm here before you this evening to say, first of all, that I think that the process -- the process we have gone through to get to this point with the Comprehensive Plan for Meridian has been a really, really productive one, it's been ( Meridian City Council Meeting June 4, 2002 Page 12 of 66 an educational opportunity for me and I think for you all and as well as your staff, it's been a great process wherein a lot of people have really made a good faith effort to resolve some fairly complicated land use issues and up until about two weeks ago, actually, when I became aware of the memo that -- I think it was the May 21 st memo, that brought this issue back to the table, I really had been really impressed with the amount of disclosure and the amount of kind of give and take that had gone on between your staff and other representatives that are here this evening and I really commend you all for facilitating that kind of dialogue with the business community and myself in particular. With respect to where you all go from here, like the people who have gone before me, I am also willing to sit down with you after you decide to, in fact, vote to pass this plan as it is, to actually set the recommendations that P&Z has put forward to you, which 11m of the opinion that it really was representative of a lot of hard work, a lot of significant compromises. Our association is not of the belief that itls perfect language and there certainly is some room for improvement. I do think that -- I have read the May 21 st memo, I have seen or been contacted about a May 30th memorandum, which I think is probably -- represents a step back or I would nit have anticipated that somebody should, in fact, contacted us, given the fact that we have really been involved to the extent that we have and I suspect that given the kind of deadlines and -- that that was perhaps just an oversight, but I would ask you here this evening to, in fact, accept the recommendations that have been put forward by the Planning and Zoning Commission, it represents a lot of work and I think Bill Nary -- Commissioner Nary, in particular, is really attune to the level of compromise and the arm twisting that went on to get that particular language on this issue. So with that I will field any questions you may have. Corrie: Questions from Council? Bird: I have none. Corrie: Thank you. Is the testimony youlre about to give the truth, the whole truth, and nothing but the truth, so help you God? Wardle: It is. Corrie: Name and address, please. Wardle: Mike Wardle, 50 Broadway Avenue in Boise. Mr. Mayor, 11m not here to -- well, I guess I had hoped to be here tonight with some sealed envelopes that had the final draft of the North Meridian Plan. It probably will be tomorrow. But I wanted to step forward with a two-sided sheet of paper. The first side -- there is a date on both of them, 12/31 /01 ~ This was the initial draft of the policy formulation concerning urban service policies and talked about the urban services boundary question, the extension of the sewer and water, and the process by which that could go forward. On the backside of the paper is another -- ifs the latest version of that. The date at the bottom, just partially cut off, is June 4th, 2002. That's this date. Essentially, the same items, except we took the number one from the previous version and split it into two. I guess my point is that you're going to have an opportunity very shortly to deal with the question again and so if Meridian City Council Meeting June 4, 2002 Page 13 of 66 you were to follow the recommendation given to you tonight by these individuals that preceded me, it doesnlt close the door for this discussion, because north Meridian is going to provoke the very same discussion very very shortly. Essentially, the process that we have all been through to this point does encourage extension of the city services for all of the properties within the area of impact and I donlt know that I have heard anything from those that have been responsible from the development community that have been stake holders at the table with you, have indicated anything different, but I guess 11m just saying that there is an opportunity to revisit this very shortly, because when the item comes to you tomorrow or the next day, it will have a schedule with some recommendations of actions to be taken, so I guess I would not suggest that what has been requested is out of order this evening. I do want to raise one question, though, and I know this hearing is only for this particular issue, but I was told this evening that there is a new land use map that has new park elements and so forth on it and if that, in fact, is the case, I would be concerned from a legal perspective that you need to publish and allow some comment on that. 11m certain of the full implication, but it does have implications from the perspective that the public, including myself, just learned of that this evening. I think it's a question that needs to be addressed, perhaps by your legal counsel, and I would answer any questions or just quietly retreat. Corrie: Okay. Any questions of anybody here? Bird: I have none~ Corrie: Okay. Thank you. Anyone else? Is the testimony youlre about to give the truth, the whole truth, and nothing but the truth, so help you God? Pavelek: Yes. Corrie: Name and address, please~ Pavelek: My name is Richard Pavelek. Offices at 2501 Bogus Basin Road in Boise. I guess 11m fortunate or unfortunate to the fact that I did not participate in any of the general discussions of the Comprehensive Plan. I do, however, have an issue that may have a means of looking at the specifics. Comprehensive Plans, as you well know, are a very broad view of how you approach development and redevelopment within the urban and regions within your area of impact, specifically, the question of how you provide services to properties in the area of impact. We are currently working on a parcel of land that is in the South Slough trunk extension area. This area I think may -- by looking at it, may provide some clues as far as the pressures that are going to be faced now and in the future as far as whether to provide urban services beyond the city limits to properties that not contiguous with the city. In this area there is already urban development to the north, on the north side of Ustick. With the exception of the Cloverdale Nursery area, there is substantial urban development to the east and it will be likely surrounded by urban development in the future, long before it has an opportunity to become contiguous with the city boundaries. In this area and because of just simply the direction of urban pressures, we would very much desire some Meridian City Council Meeting June 4, 2002 Page 14 of 66 clarification of the policy of the City of Meridian as far as extension to this area. It may not be prudent to extend services throughout the area of impact boundary, but I think in specific areas that might be another approach. So as you review the policies for the extension of services, we ask you specifically to look at area by area and it may -- it may expand, because I'm not privy to all the discussions that have taken place and will take place of other areas, but specifically I have looked at this area and see that there is a need for the consideration. We do have Boise city services on three sides of this property and I did drop off a letter -- it was late and I apologize for that, but it should be in your packets. It just simply streamlines the issues of either clarifying for this specific area how you're intending to approach the urban service question and if it's not, you know, our preference would be to reconcile the interface between the City of Boise and the City of Meridian. We prefer to stay in the City of Meridian and move forward, but you can appreciate the investment that the developer has put in this property and the need to see some opportunity to move forward. I'm sure that I'm not alone in terms of raising these kinds of issues, but I think by maybe looking at this type of specific issue with problems being faced by the community, it will give some direction as far as how you might approach the provision of services. So if there is any questions, I will be happy to address them, otherwise, I will sit down myself. Corrie: Any questions? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr~ Nary. Nary: Mr. Pavelek, I was reading your letter and it appears the concern is the property that is both within the City of Meridian's impact area, as well as in the City of Boise impact area. Is that what I got out of your letter? Pavelek: Basically what we have is a 90 acre parcel of land out there, 20 of which is within the City of Boise's area of impact and has contiguous boundaries with the city and we will be proceeding on annexation of that property. We may, in fact, look at what part of the area of impact agreement of extending 300 feet into the Meridian to reconcile the street pattern, but that parcel of land would move ahead. The balance of the land, which is 70 acres, is within the City of Meridian's area of impact and is currently without the extension not developable, because it's nearly, I believe, a mile and a half to -- the nearest boundary is a mile or mile and a half to the closest boundary with the City of Meridian. Nary: So if I understand the question brought forth in your letter, though, is whether or not, since it's in the City of Meridian's jurisdiction at this time, I guess the question -- in your letter it says you'd like to develop this as one project. So the question, then, being is the City of Meridian willing to give that property to the City of Boise's impact area or whether or not we want to have that within our impact area and keep it that way. ( Meridian City Council Meeting June 412002 Page 15 of 66 Pavelek: Well, the question that I raise is simply that if it is not done in a timely manner, it cannot be developed as a single project. We basically can deal with two municipalities as a single project that goes from the City of Boise into the City of Meridian. The problem that we foresee is really a question of timing~ If, in fact, there is no easing of the extension of urban services to this property, then time will pass and it will not be developed as a single parcel. So from us we view it as a time, a sequence of moving through a series of parcels of land and whether we deal with two municipalities -- obviously, we prefer one, but that's not the critical obstacle. The real obstacle is the time and sequencing of moving through an overall parcel of land. It is held as a single ownership. Nary: Well, I guess I'm not clear, Mr. Pavelek, what is your preference -- is your -- the focus of your attention, then, is on the South Slough and how services are going to get to this property and what time period that's going to happen and it's not really dealing with moving that without -- outside of the city's impact area. Pavelek: The easiest thing for us to do is -- because services are to the property from the east, to go in the City of Boise~ Nary: So how would they do that? How would they have that discussion with us as to whether or not it would remain in our impair area or whether or not, like the other pieces of property that we have had this discuss throughout the Comprehensive Plan, how would they have this -- how would this person has this discussion with us about whether or not it should be remain in our impact area? Stiles: They would need to submit an application and go through the Public Hearing process that -- since the issue is only the text in the Urban Service Planning Area, it's a little too late to discuss it, I would think, for this particular project. Nary: Well, I think he was raising it in relation to what we are talking about tonight, but he was also talking about the impact area itself and whether or not it's Meridian or Boise and we have had this discussion with a couple of different parcels in this process, so if they wish to do that, that's a different process, that's an application -- Stiles: Yes. Nary: That's something they can do, there is no impediment to doing that? Stiles: Not to applying, no. Pavelek: Mr. Mayor, if I could, to follow that question up, you are modifying the Comprehensive Plan. The Comprehensive Plan does define the area of impact for the City of Meridian. There is consideration for this parcel not fitting into the servicing of the City of Meridian. We would request consideration for the area of impact boundaries to be modified. The decision is not a discussion between the City of Boise and the City of Meridian City Council Meeting June 4,2002 Page 16 of 66 Meridian, the discussion is really what the City of Meridian chooses to do and how they prefer to service it or whether the question is whether they truly can service this parcel of land and so there is consideration for the request to modify the area of impact boundary at this time, if, in fact, services can't be provided and can be part of modifications to the Comprehensive Plan that's currently before you. I recognize it's quite late in terms doing this, but I guess we have been working in terms of the specifics of the property, not being fully aware of the process that you're currently going through~ Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Pavelek -- and I know that you know this, I mean we can certainly reevaluate the area of impact and go through that process separate and apart from the Comprehensive Plan; correct? Pavelek: That's correct. It's only a six-month delay minimum in terms of the considering this option. Nary: But we still -- there is a whole lot of process to move something from one impact area to another, requiring basically meetings with us, meetings with the Boise City Council, agreement on a Public Hearing, agreement by the County Commissioners, all of that process, if that's the avenue that you want to do, and that's doesn't have to be in conjunction with this; right? Pavelek: Mr. Mayor, Councilman McNary, the process between the City of Boise and the City of Meridian has had a series of different methods of defining which municipality to annex in the various properties along the common boundary between those two municipalities. I went through the file of a recent modification to the area of impact boundary and it was simply a letter from Mayor and Council stating that they had no objection. Corrie: It's got to go through the city -- the full city Council in order to change those boundaries now. We can't just send a letter -- we send a letter and it's done. Pavelek: I understand that -- Corrie: Okay. Pavelek: -- it also went -- the process then extended through Ada County and Ada County has considered it and at that time the annexation, after mutual agreement, proceeded with annexation through the City of Boise. So I guess what I'm saying is there has been a number of cases and there has been a number of different methods of achieving a determination of which way to go for property in this particular situation. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting June 412002 Page 17 of 66 Nary: Mr. Pavelek, I know that you haven't been here for -- like you said, for some of these hearings. There is actually -- there is two pieces of property on this map and we have been in that discussion about -- in relation to the City of Boise and taking them out of our impact area. There is a process and I think Mrs. Stiles has said that's the process you need to go through, if that's what you'd like to do on this piece of property, then there is a method to do that that doesn't have to be tied around this Comprehensive Plan map today. So you could do that. But I appreciate the other point you raise is a different issue. If you weren't going to do that, if you were looking at just developing this 70 acres within our impact area, you have raised sort of a snapshot of what the question is that we are dealing with tonight is how do we get those services there, how do we develop that -- how does that property get developed currently if it stays within our impact area. So I mean it is food for thought in this discussion and I appreciate that, but there is a method you can still do that and, like Mrs. Stiles has said, it's simply an application, you can request that, you can file that, it comes eventually to us, and we make a recommendation and you have to go to the Boise City Council and get the same recommendation and you still have to go to the county commissioners, so you can do that and this -- what we are doing tonight wonlt impact that. You can still do it. Pavelek: I am simply here to present the option of the first choice and that is the extension of services. Thank you. Nary: Thank you. Corrie: Thank you, Richard. Anyone else wish to testify on this subject? Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Groves: I do. Nary: Before Mr. Groves starts, I did have a conversation with Mr. Groves, probably about the same property we are talking about now, just so Council is aware I had a conversation with him about it. Corrie: Thank you. Name and address, please. Groves: My name is Craig Groves. I reside at 3920 East Shady Glen Court in Boise. Mayor and Council, 11m here to the add to what Dick was talking about on this particular property and I apologize for coming in late and I hope I'm not reiterating things that Dick has already covered. A couple of things that are unique about this site that I'm not sure Dick pointed out, is that this site, which adjoins Cloverdale Road here and extends half -- into the half section of -- half section towards Eagle, on that boundary, originally was in all one ownership, okay, and the father passed away and left the parcel to the brother and sister. What's unique about that is that the impact line, which comes down the corner section line there, divides brother and sisterls property in half. Okay? So originally we have a parcel that was all under one ownership, the father dies, leaves the Meridian City Council Meeting June 4, 2002 Page 18 of 66 property to brother and sister, and then through the governmental process we come in and divide the property in half, so now brother and sister decide that it's time for retirement and they1d like to sell and sister can sell and develop her property in a timely fashion, but brother can't until we are able to get services to the site from the City of Meridian, even though the City of Boise has property that is annexed into their city limits adjacent to the site and we have sewer and water available through United Water and the City of Boise surrounding the site and it seems to me that in looking at your Comprehensive Plan -- and I don't know if this is possible or not, but, you know, trying to address those situations where you have got continuous ownership with property adjacent to Boise city limits, with sewer and water available, yet -- and outside the City of Meridian's impact area -- or outside the City of Meridian's city limits, but in their impact area. You know, what kind of a policy does this Council have in that area and maybe you have a written policy now and what the policy is and we are just going through the process, but I'm looking for some direction on that~ Corrie: Okay. Any comment, questions? De Weerd: Mr~ Mayor? Corrie: Mrs. de Weerd. De Weerd: I think the question has been asked if this area can be serviced and, indeed, it can and what kind of time frame and I know our staff has been working very diligently trying to get services out there. Maybe if Gary could say a few words on the process and where we are at right now. Smith: Mayor and Council, Council Member de Weerd, we are still anticipating that construction on the South Slough extension will start November 1 st, which is a schedule that we presented to you sometime ago, and that project will extend sewer to the east side of Eagle Road~ It will also extend sewer up to Ustick Road and I believe it carries it under Ustick Road -- or, excuse me, under Eagle Road at Ustick. The crossing under Eagle Road south of that point is at Leslie Way, it comes out of -- I think it's Carol Subdivision. So at this time that's as far as the plans exist for extension of the South Slough sewer. The process is, number one, obtaining easements for a preliminary alignment of an extension on the sewer line. Since we are keeping it in the low area, the low land elevation area along the drain, that's where the master plan shows the sewer to be located and so the first step in extending it any farther to the east would be obtaining easements after a preliminary alignment is established for continued extension of that sewer line. But as you pointed out earlier, I believe that all of that property is sewerable to the South Slough and that's part of the drainage area for the slough. De Weerd: Thank you. Corrie: If you'd like to -- Meridian City Council Meeting June 4, 2002 Page 19 of 66 Groves: Along Gary's point, we are fully aware of that situation, but in the past I'm not sure what the Council's position has been on servicing those properties that are not annexed into the city, because, you know, even though we might have sewer half a mile away and even though we might be able get easements to the site, if we want to invest the money to extend the sewer another half mile, if we don't have an annexation route or path, is that -- how is the Council going to view that type of property? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I don't know, maybe Mr~ Nichols can answer this, but if under the law that changes in July, if they do receive city services, then they can be annexed at any point in the future to when they are connected, so I don1t know if that's -- I don't know if that helps or hurts, I don't know if that's a good or bad thing, but I think that's my recollection of what the law change is. Is that correct, Mr. Nichols? Nichols: Mr. Mayor, Members of the Council, Councilman Nary, the law will allow annexation when the property is contiguous if it's certified by city services. There is a provision in the city code for extension of water and sewer services outside the city limits. Typically those have been coupled with irrevocable consent to annexation and a requirement that the consent to annexation be noted on any deeds, plats, and those sorts of things, but I believe that the process is to ask or to submit a request to Public Works for water and sewer service and that be processed through the Council and it's taken up on a case-by-case basis, rather than a policy, because each individual property is different. A piece of property that's on Chinden Boulevard will be treated differently than one -- likely to be treated differently because of the sewer issues than one where the sewer is only a short distance away. So water services provided to Summer's Funeral Home on Ustick Road within the last two years, water and sewer services provided to Edinburgh Place Subdivision within the last two years and so there are some instances where water and sewer services are extended, but, again, the process is to apply for those through Public Works first and then, you know, there is -- an agreement can be reached on that issue if Council so desires, but I'm not aware of any written policies, because of the case-by-case nature of each property. Corrie: Is there anyone else that would like to issue testimony on this Urban Service Planning Area? Okay. Council, any other comments? Staff? Okay. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, just to clear up an issue on the Comprehensive Plan map, the only change that's been made to the map is there was a designation of a quasi public property for a park and ride lot that was on the wrong piece, and that simply -- that part { Meridian City Council Meeting June 4,2002 Page 20 of 66 of the map was corrected to move that over so that it was on the right parcel, but other than that, there has been no changes from what's been presented to the public. Corrie: Thank you, Mr. Nichols, for clearing that up for us. Shari, did you have -- Stiles: That's what I was going to -- Corrie: Okay. Good. Okay. Any discussion, comments, Council? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd~ De Weerd: I guess it should be noted that the park sites that were mentioned were added on are potential, quote, emphasize potential park sites, were added several meetings ago. Was that in April that that came up? So it's been on there for the last several drafts that we have seen of it. Most of the testimony -- and I know I kind of opened this can of worms, so it seems, on these urban service areas. There is -- there is a lot of areas that need to be further discussed and probably even procedures that we need to look at to keep our Planning and Zoning Commission better in line with what Council is looking at. The urban service area issues were raised at the same time this was just going in front of Planning and Zoning and so J'm quite astonished that the language came to us the way it did with the serious concerns that staff has raised to us and in light of some of the testimony that we have given to the county and that this Council were in full agreement with on those issues as well. But some other things have been brought up through the North Meridian Planning Area in some of the conversations tonight, so it does need further discussion, I just don't want to see us hold up this Comprehensive Plan any longer. I think there is some people out there who for three years have been very patient and have participated in this and we need to see that we uphold our end of this deal. I appreciate the different organizations and the emphasis of the SCA and Association of Realtors have and the development community that has been participating in the North Meridian Planning Area, but this is an issue that we are trying to address and it's -- we have some very legitimate and serious concerns to our planning of our area of impact and we don't want to see it keep getting chipped away at and being distributed out. We made a commitment to serve that area and I believe our staff has been working very hard to get that accomplished, it just sometimes takes a little bit longer than we'd all like to see. So I would like us to move forward and definitely take up the offer to look at this immediate concern of addressing urban services and honoring the process that apparently that this has gone through and I understand we haven't been a part of that process, but we will have the opportunity to let staff know what our concerns are, what our desires would be, and things that we would like focused on in those meetings. So that's really all I have to say. This has been a real long process and I really commend our planning staff for all the work and effort that's gone into this and to the citizens that have participated, I mean we have had some awesome participation in this. It seems like we get new stuff every single Meridian City Council Meeting June 4, 2002 Page 21 of 66 meeting. We just have to stop somewhere and hopefully polish it up as we find out areas that we need to concentrate on. Nary: Mr. Mayor? Corrie: Mr~ Nary. Nary: I guess since I have got to be involved with both of these and I guess I'm the lightning rod for this particular section, I guess my only comments is I do appreciate the Building Contractors Association and the Realtors Association, Mr. Durkin, Mr. Wardle, Mr. Groves, all these people brought these issues forward as to how we are going to address this. I appreciate the offer to work together to look at this again and evaluate this language and I said it on November 1 st and November 15th and December 2nd and December 20th when we talked about this with the staff, that we are not necessarily -- I'm not necessarily married to this language. All that we have looked at is the concept of what we were trying to put in this language. It is not -- it is not the death nail for what we are trying to accomplish with the city and that's what I think is maybe been a problem in why this has been delayed another few extra weeks. This is not really that problematic, in my opinion, as to what was left here by the Planning and Zoning Commission. I mean it says the City of Meridian desires all development within its area of impact be served with urban services from the City of Meridian. It says that we -- our preference is that all of that be city-owned services. That anything annexed has to go through requiring city-owned services. It says that if we can't do it yet, we will talk to people about how we might be able to assist in getting that done. I don't think those things are very earth shattering, they are simply discussion points, and I think what's been brought tonight by these different groups are the things that -- exactly what we have talked about all along, it's just a discussion point, and I think that's -- I think that's all we have ever been talking about. I think the language needs to stay the way it is and I think we can address it again. I think we will address it again. We can change the language at anytime under the law. I don't think there is any problem doing that and I think we do need to go forward. I think we need to get this done~ Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would echo Councilman Nary's words on that. I think that that's something we have had people get up and testify and they worked hard on this and it is just language, you can always put amendments to it and we need to go forward with it as the Planning and Zoning -- because we have had workshop on text, we have had workshop on the deal and at that point nothing was brought up until May 21 st when we probably should have had it adopted before that, so -- and that's something we can work out. The language can be worked out. It just gives you a plan to work off from, so I'm like Councilman Nary and Councilwoman de Weerd, let's go forward with it and get it adopted and get the thing going. Meridian City Council Meeting June 4,2002 Page 22 of 66 Corrie: Okay. Any other comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just for clarification, I still do have an issue with the language, so I am very anxious to get to the table to work through it, but it is the process that, you know, I recognize and, you know, realize that we just can't continue to hold this whole document up for it, but do look forward to going through the process again to address some of the language and I know that as the spokesperson last year on this issue, I had the whole support of the Council at the time, so I do believe that we are on the same page as far as some of the things that this might say or might not say, but we just need to move on and then address this specifically in a different forum. Corrie: Okay. One more chance, anyone? Council. Okay~ I'll entertain a motion to close the Public Hearing. Nary: So moved. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Any further comments? Okay. 1111 entertain a motion, then, hearing nothing more, on the question of the verbiage on the Urban Service Planning Area. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we pass the -- the attorney to draw up Findings of Facts and Conclusions of Law -- or do we have -- prepare a resolution. Sorry. Maybe we should have had our other attorney make this motion. I would ask that the attorney draw up a resolution to adopt the proposed amendment to the Comprehensive Plan, with the text amendment as stated as the May 15th memorandum from the Planning and Zoning staff, to incorporate the map as dated May 30th, 2002, and I think that's about it. Corrie: Is there a second on the motion? Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Meridian City Council Meeting June 4, 2002 Page 23 of 66 De Weerd: Does staff have the comments? No? Nichols: Mr. Mayor, if I could just clarify, if I may? Corrie: Mr. Nichols. Nichols: Gary and Brad, the last draft that we have, plus your May 15 memo, plus the May 30 map, that's all we need? There are no other memos, no other additions, changes, that's -- we are good to go with those? De Weerd: I reluctantly keep in Dale's demographic stuff. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just so ifs clear on the record, the May 15th memo, for those that don't have that in this audience, doesn't address any change for the Urban Service Planning Area different than what the Planning and Zone Commission passed in December. It was other text changes, most of them fairly minor types of changes, clean-up types of things, but not directed to any stuff we just got from the last -- Corrie: Okay. 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. De Weerd: Mr. Mayor? Corrie: Mrs~ de Weerd. De Weerd: If our Planning and Zoning staff can get the most recent memorandum from to Brad to these separate organizations and individuals, so we can quickly get a schedule on these meetings. Corrie: Okay. Let's take about a five-minute break. It will probably extend to ten. (Recess~ ) RECONVENED AT 8: 00 P.M. Meridian City Council Meeting June 4, 2002 Page 24 of 66 Item 8: Tabled from May 21, 2002: FP 02-004 Request for Final Plat approval of 51 building lots and 4 other lots on 20.76 acres in an R-4 zone for Bear Creek Subdivision No.5 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Corrie: All right. I will reconvene the City Council meeting and we are going to Item No. 8, which was tabled from May 21 st, 2002. This is a request for final plat approval for 51 building lots and 4 other lots on 20~76 acres in an R-4 zone for Bear Creek Subdivision No. 5 by Bear Creek, LLC, East of Stoddard Road and north of Victory Road. Staff comments first~ Stiles: Mr. Mayor and Council, I'd just like to give you a little history of why this was done the way it was. I think there has been some question about that at the last meeting. Bear Creek No. 5 was submitted and it did not conform to the approved preliminary plat and during our review of it, it was noticed that previous phases had gone through that also did not conform to the approved preliminary plat and not wanting to perpetuate an oversight, we asked the applicant to at least go through the Public Hearing process, because we didn't feel it was a staff function to approve elimination of open space and that's why we wanted to at least get it on the table and also as a Public Hearing, so that it -- so that it went through some type of process. We didn't think it would be absolutely necessary to go back to Planning and Zoning Commission, but did think it should be a public process and I guess it is a public process; it's just not published~ That was -- that was kind of our line of thinking when we asked them to do that~ Otherwise, we would not have processed the final plat application that was submitted. This plat is -- the phase immediately adjacent to Elk Run Subdivision, which would be north going this direction. This was the phase that there is approximately half an acre -- at least -- at least a quarter acre of the open space was removed in this plat~ They have redistributed it throughout the plat. They also did add two additional lots in this section where the open space was removed. You have comments that were prepared on this subdivision. We would recommend approval with all staff and agency conditions. Corrie: Council, questions, comments? Bird: I have none. Corrie: Okay. Then I will entertain, then, a motion for request for the final plat approval Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: I'm sorry, Mr. Mayor. Just to make sure, we have a revised plat for No.5 that was received by the Clerk on May 24th -- yeah. May 24th. Is that the one that's -- Stiles: That's No. 6~ That's the next one. Is that right? No? Meridian City Council Meeting June 4, 2002 Page 25 of 66 Bird: No. That's 5. Corrie: No.5 is the one you had up there on the board. Stiles: Mr. Mayor and Council, I apologize. This one is also adjacent to the Jim Jewett property off of Meridian Road. What they have done with the latest submittal, it was apparently received by the City Clerk on May 24th. This is the version that we did comments on. It has taken off -- how many? Approximately seven lots. Seven lots in this vicinity and that's in order to perhaps come in in the future with an alternative plan should this ever -- should some alternatives every become available for redevelopment of that piece property different than was proposed by Mr. Jewett. So they just didn't want to be locked into that configuration. They will have to come back in with a preliminary plat for the entire piece at such time as they develop that. So the only difference between the version that you saw in the last meeting and this one is the elimination of those seven lots. So we would ask that the one dated by Michael Mart -- I don't know if that's -- it shows 4/29/02, that it was signed by Michael Mart, and received by the City Clerk May 24th, 2002, be approved with all staff and agency conditions. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Has the applicant seen the staff comments and is in agreement with them? So these comments were on the revised plate, Shari? Stiles: Yes, they were. De Weerd: Thank you. I have no comment. Bird: I have none, Mayor. Corrie: All right. 1111 entertain a request for final plat approval on Bear Creek Subdivision No.5. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for final plat of 51 building lots and 4 other lots for Bear Creek Subdivision No.5, with the map -- or the plat dated 4/29/02, received by the city 5/24/02, and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Meridian City Council Meeting June 4,2002 Page 26 of 66 Corrie: Okay. Motion has been made and seconded. Any further comment? De Weerd: With all staff comments. Corrie: Okay. Okay. Hearing none, Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 9: Tabled from May 21,2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: Corrie: Item No. 9 has been tabled from May 21 st; excuse me, request for final plat approval on 31 building lots and 4 other lots in 13.85 acres in an R-4 zone by Bear Creek Subdivision No.6. Staff? Stiles: Mr. Mayor and Council, we have prepared our comments on this subdivision and ask that it be approved with all staff and agency conditions. Corrie: Okay. Discussion? Comments? Questions from Council? Hearing none, I'll entertain a motion on the request for final plat approval for Bear Creek Subdivision No. 6. De Weerd: Mr. Mayor? Corrie: Mrs~ de Weerd. De Weerd: I move we approve the request for final plat of 31 building lots and 4 other lots for Bear Creek Subdivision No.6, to include all staff comments and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Bird: Second. Corrie: Okay. Motion made and seconded. Is there 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 approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting June 4,2002 Page 27 of 66 Item 10: Ordinance No. ZA 02-001 (Amberstone Zoning Amendment) Request for amendment to Zoning and Subdivision Ordinance by Jim Jewett and B & A Engineers: Corrie: Item Number 10 was an ordinance and it's been requested to have the ordinance on Amberstone Zoning Amendment, also Number 11 , the hearing, request for annexation and zoning, and also the preliminary plat to be tabled until June 6 -- excuse me -- June 18. So we will take them one at a time. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we table the Ordinance ZA 02-001, Amberstone Zoning Amendment, until June 18th, 2002~ De Weerd: Second. Corrie: Motion has been made and seconded to table the ordinance on the Amberstone Zoning Amendment. Any further comments? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Closed Public Hearing Tabled from May 21, 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: Corrie: Number 11. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we continue the closed Public Hearing Table May 21st, the request for annexation and zoning for Amberstone Subdivision until June 18, 2002. De Weerd: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? All those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. r' Meridian City Council Meeting June 4,2002 Page 28 of 66 Item 12: Closed Public Hearing Tabled from May 21, 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: Bird: Mr. Mayor? Corrie: Number 12. Mr. Bird. Bird: I'd move that we continue the closed Public Hearing table from May 21 st, 2002, for the request for preliminary plat approval on Amberstone Subdivision to June 18th, 2002. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: Corrie: Item Number 13 is an ordinance -- Mr~ -- Berg: Sorry, Mayor. 02-952. Corrie: Okay. Ordinance No. 02-952, request for annexation and zoning of 100.71 acres from RUT to R-4 zone for Revised Cedar Springs by Kevin Howell Development, northwest corner of North Meridian Road and Ustick Road. At this time I'd like to have Ordinance No. 02-952 read by Title only at this time by the City Clerk. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 02-952. An Ordinance finding that certain land owned the Leslie Family Trust and the Moore Family Trust, to be known as Cedar Springs Subdivision, located northwest of North Meridian Road and West Ustick Road and which 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 Low Density Residential District, R-4, declaring that said land by proper legal description 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 map of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian City Council Meeting June 4, 2002 Page 29 of 66 Meridian to final a certified copy of the Ordinance and map of the area to be annexed to the Ada County Recorder, Auditor, Treasurer and the Assessor and the State Tax Commission, State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63- 2215. Corrie: Is there anyone in the audience that would like to have the Ordinance read in its entirety? Hearing none, Council, I will entertain a motion on Ordinance No. 02-952. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Ordinance No~ 02-952, the request for annexation and zoning 100.71 acres from RUT to an R-4 zone for the Revised Cedar Springs by Kevin Howell Development, northwest corner of North Meridian Road and West Ustick Road, with the suspension of rules, pursuant to the Idaho Code. McCandless: 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 ayes. Motion approved on Ordinance No. 02-952. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: 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: Corrie: Item No. 14 is a Public Hearing. This is 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. At this time I will open the Public Hearing, staff comments first. Stiles: Mr. Mayor and Council, we have reviewed this application and I think after three times we finally agree on a workable layout for this drive-thru. The applicant took all the suggestions that were made at the previous Public Hearings and has come up with a good solution to the concerns that the City Council and staff had. What they are proposing is to make -- designate this a one way, which I think Councilman Bird was trying to vocalize during the last Public Hearing, but they have shown this to be one way. The Planning and Zoning Commission's recommendations were to extend this little island here another 18 feet to provide a greater separation between the opposing traffic in for the drive-thru for the TCBY. Another request was made to move the menu order Meridian City Council Meeting June 4,2002 Page 30 of 66 board up to approximately here, so it would allow stacking of at least two cars -- two cars before it impacted the driveway here. So with the recommendations of the Planning and Zoning Commission and staff and agency comments, we recommend approval of this Conditional Use Permit. Corrie: Okay. Council, any questions of staff? Bird: I have none. De Weerd: No. Corrie: Okay. 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? Durkin: It is. Corrie: State your name and address, please. Durkin: My name is Larry Durkin. My address is 1505 Tyrell Lane, Boise. 83706. I know the last time we were here we spent a little time talking about how many times we have been here and it's been a lot of times and I appreciate your patience and I appreciate staff's patience in working through this. I'm here tonight on behalf of Avest Property Management, the owners of the property~ We respectfully request your approval for a Conditional Use Permit for this Moxie Java drive-thru. The request is consistent with ACHD requirements and meets their highest standards. This request is consistent with all Meridian ordinances. The request is consistent with the current Comprehensive Plan and the latest draft of the new Comprehensive Plan. This center was designed and built in the early 1990's and at the time it was the closest city center site available. While it does include a large Fred Meyer, the site is geared to neighborhood uses, with uses like a bank, a sandwich shop, drycleaners, grocery store, beauty salon, movie rentals, etc. We are required to go through this conditional use process for drive-thrus in the City of Meridian. There was a concern expressed sometime ago about the parking to the east of the drive-thru. You should be aware that the city ordinance for the shopping center -- for the parking for the shopping center is far exceeded. Our parking in front of the building we have 39 stalls in the front of the building. While there is parking at the side, we believe that the vast majority of the users will use the parking in front of the building. When we were here last time we were denied by Council and the Findings of Facts No. 3 read: In order to obtain approval for the requested drive-thru, the applicant will have to prepare a different design that will eliminate the potentially hazardous intersection with the existing drive-thru lane that serves the TCBY business on the west end of the building. The modification that I handed to you tonight is slightly different than what's on the board~ While the request from Planning and Zoning was that we extend that turn out area 18 feet, we were able to extend it further than that without interfering with any traffic flow. I have handed you a map that highlights that, so that there is no conflict whatsoever with any of the other drive-thru traffic. I want to remind you that the Loop Road to the north of the shopping center is a private drive, it's part of the overall Meridian City Council Meeting June 4, 2002 Page 31 of 66 development and it isn't really monitored or controlled by ACHD, but we have gone to ACHD on a number of occasions with this application and confirmed a number of times with them that they have no concerns with the traffic -- with any traffic conflicts. We have complied with your findings from last time on making these modifications~ We have extended the turn out. We have eliminated the menu board. When we made the application that was originally planned to have a menu board, now there will be a menu board right next to the window, so the plan that Shari had on the screen that shows the menu board up closer, instead of moving it, we just eliminated it and that's reflected on the plan that I handed out to you. I've tried to rewrite this for different meetings, but you've heard some of this before. Centers must change over time or they die and the tenants must change over time or they go out of business. I want to remind you that when the center was built there was one drive-thru coffee shop in the entire Treasure Valley and now there is many, including several in Meridian. We have spent an unusual amount of time and money going through the approval process, primarily because we feel so strongly that a successful coffee shop use is a critical component to the neighbor center. I want to thank the staff again for all of their time and effort in sitting down with Avest and helping with a design plan that meets any of the comments that have been brought up before and we respectfully request your approval this evening, so that we can continue to upgrade and make modifications to this development. I will be happy to answer any questions you may have. Corrie: Any questions? Bird: I have none. Corrie: Okay. Thank you, Larry~ Is there anyone else from the public that would like to issue testimony? Okay. Council, any discussion while the Public Hearing is open? If not, I'll entertain a motion to close the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird~ Bird: I move that we close the Public Hearing on Conditional Use Permit for a drive-thru window and drive-thru lane at the existing Moxie Java Coffee shop by Avast Limited Partnership. Nary: Second. Corrie: Okay~ Motion has been made and seconded to close the Public Hearing. 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: Any further discussion? Meridian City Council Meeting June 4,2002 Page 32 of 66 Nary: Mr. Mayor? Corrie: Mr~ Nary. Nary: I would like to commend Mr. Durkin and Avest Partnership for trying to come back with a better design and a better use of the property to make it safer, to make it a little bit more of a protective type of traffic lane. That was my concern previously at the Planning and Zoning level as well, the crossing over of the other lane. I think they have done that. I think those are the two issues we tried to address and I think they have done a good job of bringing it back in a good fashion and taking care of those concerns. I don't have any concerns at this point. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I, too, feel that you have done a real good job. I was totally against it before, but it looks to me like you have taken care of the safety concerns that we had, so -- Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I knew this would work out one way or the other. I knew we could get a drive-thru and they did a great job of getting this designed and it's going to be very very safe, so if there is no more comments, I'd make a motion that we would adopt -- that we approve the Conditional Use Permit for a drive-thru window and a drive-thru lane at the existing Moxie Java coffee shop by Avest Limited Partnership, 1800 North Locust Grove Road, with all staff comments supplied and for the attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order. McCandless: Second. Corrie: Motion-- Nary: Mr. Mayor? Corrie: Motion has been made and seconded~ Discussion? Mr. Nary. Nary: Mr. Bird, does that include the site plan proposed tonight by Mr. -- Bird: Yes. That is including the new public testimony. Meridian City Council Meeting June 4,2002 Page 33 of 66 Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: In the recommendations from Planning and Zoning Commission it asks that language be placed that it run only with the property in question, hence adopting -- Bird: I'll adopt that. Yas. Corrie: Okay. Part of the motion then? Bird: Yeah. Part of the motion~ Corrie: Also the second? McCandless: Second agrees. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: In number ten, I guess because of the new site plan that was provided by Mr. Durkin tonight, number ten in the recommendations and findings it should probably say something to the effect that they will extend such bump out to at least 18 feet and that will incorporate the design in the site plan and I think there was also a reference to the sign -- or the menu order board. I guess we could eliminate that or maybe I guess we could leave that and they don't have to put one and leave it, if that's okay with you, Mr. Bird. Bird: That's fine. Corrie: Any other discussion? Okay. Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, abstain; Bird, aye~ Corrie: Three ayes, one abstention. Motion is carried. MOTION CARRIED: THREE AYES, ONE aBSTAIN. Item 15: Public Hearing: 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: Meridian City Council Meeting June 4,2002 Page 34 of 66 Corrie: Item Number 15 is the Public Hearing request for Conditional Use Permit for a residential development consisting of four townhouse style units in a two story building in an aT zone for Thornton Four-Plex by Scott J. Thornton, 121 East King Street. At this time I will open the Public Hearing and invite staff's comments first. Stiles: Mr. Mayor and Council, this property on East King Street is directly east of the Meridian Motor Cycle Shop on East 1 st Street. Main Street~ They are proposing to demolish the existing single family residence and replace it with a four-plex with a townhouse style construction. There is one tree on the site -- well, one good tree on the site. The alley exists in the back -- in the back and the Ada County Highway District has set forth their requirements for paving that alley. There was a single family home to the east. Meridian Cycle's parking lot abuts the west side. This would show the four units. They are not requesting a subdivision. It's just for the four-plex. They are showing two trees and elimination of the one existing healthy tree. I'm not sure that it was addressed fully at the -- at least I don't see in the recommendation where it was addressed by the Commission whether mitigation would be required and how it could be achieved for the site for that existing healthy tree. It would probably be impossible to fully mitigate, as the ordinance requires in caliper per caliper replacement once a healthy three is removed. They can testify, I guess, whether they are able to keep that one tree, but I can't tell from this site plan and, unfortunately, neither Gary, nor I, have a packet of the application that shows the full size. They are proposing tandem spaces in the rear adjacent to the alley. They are required to have two spaces per unit. The tandem spaces were recommended for approval by the Planning and Zoning Commission, with the requirement that the four northern most stalls be covered. The setback that's been proposed on the plan, they do show the ten-foot sideyard setbacks. These are, per ordinance, five feet per story. I donlt know if itls been addressed whether these are proposed to be covered at all, these porches. If they were to be covered, they would not meet the setback requirement and, therefore, should not be approved to have any sort of covering over the patio areas. They are also -- the Planning and Zoning Commission recommended that their plan be approved as shown, with a five-foot parkway on East King~ This could also have some trees planted in that parkway section. Then they'd have the five foot sidewalk and then what the Planning and Zoning Commission recommended was that a nine foot setback to the building from the back of sidewalk be approved for this project. I don't see the trash enclosure on this plan. I suppose it's back here. I guess the applicant can address that. This will need to be enclosed and approved by Sanitary Service Company. The fencing was addressed at the Planning and Zoning Commission and it was their recommendation that no permanent fencing be required for the project. I don't know if there is anything existing as far as a fence on this side. I would think that a fence should be required on the eastern boundary due to the fact it is a single-family residence on that side. I'm not quite sure what is there. This is the front elevation of the building and the rear elevation of the building. These would actually be the east and west elevations, because this would be the view from King Street. Staff would recommend approval of this application with all staff and agency conditions and would ask for your decision on the fencing requirements and the landscaping requirements~ Thank you. Meridian City Council Meeting June 4, 2002 Page 35 of 66 Corrie: Okay. Thank you. Council, any questions of staff at this point? Bird: I have none. Corrie: This is a Public Hearing and I invite the applicant to step forward, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Thornton: Yes. Corrie: Name and address, please. And you have five minutes. Thornton: Scott Thornton. I live at 1284 South Ashley Place, Meridian, Idaho. 83642. We have been working with the staff on this little project. We picked up this piece of property with an older home -- and you saw the pictures -- which was pretty run down and we thought this was a little bit better option than trying to work with the existing home~ We've addressed all the findings and recommendations and agree to follow all those recommendations. I guess I can address some of the things. The existing tree on the front of the property, a large tree, there would be no problem keeping that. We did discuss that in the Planning and Zoning meeting. The trash enclosures. It doesn't show up very well on that particular drawing, but it will be enclosed on three sides and with the letter of approval. We did on this particular drawing here change the site elevations. Those are kind of little facade deals to dress it up a little, because that side was just nothing on it originally, there were no windows or anything, so we kind of dressed that up, because it is the side that's facing King Street. In the back of the property there is an existing chain link fence, it's a four foot fence that runs down there now, and on the front side of the property or the west side there is a -- kind of a rickety picket fence that probably should be removed I would think. With that I guess we have tried to address -- and, like I said, agree with all the recommendations of the Planning and Zoning staff and request that you approve this Conditional Use Permit and would be glad to answer any questions you have about the issues. Corrie: Okay. Any questions? Bird: I have none. Corrie: Okay. Thank you, Scott~ Is there anybody here to issue testimony? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Williams: Yes, it is. Corrie: Name and address, please, for the record. Meridian City Council Meeting June 4,2002 Page 36 of 66 Williams: My name is Cameron Williams. My professional address is 230 East 1 st Street, which I found out today was now 230 North Main Street, and we do like the change. Thank you, Mr~ Mayor and Council, for allowing me to speak with you this evening. I own the property bordering the west side of this proposed two story four plex~ I would ask the Council to consider the following points that I see as problems with this proposal. As you can see in the pictures, this two-story four-plex is proposed for a lot with a total width of only 50 feet. The design of this four-plex would put all the doors and windows facing my property and the east side property, with only a minimum buffer, no fences, and no privacy for either neighbors. This design would preclude me from the highest and best use for my commercial property should I, in the future, need to build a larger commercial structure towards the back of my property on Meridian's Main Street. Two, if this project is allowed without substantial changes there could be health and noise problems from -- for any new tenants. Under the current use by my existing business and tenants with more than 25 employees, we could create a nuisance where there is no nuisance existing now before this proposed four-plex. Three. The access plan for tenant parking is to use the narrow, unpaved, one-way alley as its only access. This usage will create problems as this narrow alley, 16 feet wide, if you don't include the power poles, as noted in the ACHD report, is also used for garbage collection and the delivery for the adjoining business and residences. Tandem parking is also being proposed without the City Council recommended garages~ If this plan is implemented many tenants will likely ignore the one-way signage from East 1 st Street and attempt access to this parking off this already congested street. Also, as this type of tandem parking is inconvenient for many two-car families, we will likely see tenants parking on King Street or on my property, causing even more congestion and problems for myself, my tenants, and the neighborhood. And, fourth, this proposed project does not fit with the character and design of the Old Town. The provided pictures show a very large, tall structure, built as part of a much larger development. This is not a four-plex designed with unique needs of this small lot, the surrounding neighbors, and does not fit with Old Town designs. I urge the Council to reject this proposal and ask the developer to develop a project that, one, faces the true front and back of the developer's property; two, uses approved parking from East King Street and not tandem parking from an unimproved, inadequate back alley. Three. Does not negatively impact the surrounding neighbors and provides adequate landscaping, buffers, and fences. And, lastly, it's designed to solve the problems I have presented, resolves the additional problems and concerns outlined in the report by Planning and Zoning, and fits in with the neighborly intent of Old Town zoning. As neighbors and residences, we do not need a four-plex developed for a large complex in Boise crammed onto a small lot in Old Town. Thank you. Corrie: Any questions of -- Bird: I have none. Corrie: Thank you. Okay. Thank you. Anyone else like to issue testimony tonight? Okay. Applicant, comments on what was said? Meridian City Council Meeting June 4, 2002 Page 37 of 66 Thornton: Yeah. lid like to make a couple comments on the concerns. Basically, I guess, what lid like to address is the entrance to the property from the rear, that was required or requested by the Planning and Zoning staff. The widths and those requirements for the alleyway were met with paving from ACHD. The project is within setbacks and I guess those are my main points that lid like to make, except we have done the things that were requested of us. It does fit within the property. This wasnlt actually designed as a huge project. There are -- we have two of them on one small lot in Boise, is where this design came from. It's very similar to the design on the other side of King Street, which is on Meridian and King, is actually a very similar design, a little set of units in there. I think it would be a nice improvement. If you look down King Street about one block on the north side of the road, there has been a unit that's two stories -- I believe it was a three unit apartment project that actually had only five foot setbacks and was recently approved. It's just under completion of construction right now and it's only a block away to the east and on north side, like I said, and, in addition, we did have -- I like to remind the clerk -- of course, you didn't see it in your packet, we do have one letter from a neighbor two homes away that actually said that this would be a good improvement to the neighborhood. So with that I will leave it to Council. Corrie: Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Thornton, just so 11m clear in looking at all the different site plans and stuff, what I thought I heard Mr. Williams say is that essentially the front and back of this building face east and west, not north and south. Thornton: Yes. Thatls true~ Nary: Okay~ So basically the frontage on King Street there is the side of the building; correct? Thornton: Yes. Nary: And thatls where you have that one picture that you showed some windows and something, is that what it is? Thornton: Yes. Nary: Instead of a blank wall? Thornton: Right. Nary: Okay. Now what about that -- the concern he has of trying to have all the occupants of this four-plex using this alley? I mean -- Meridian City Council Meeting June 4,2002 Page 38 of 66 Thornton: Well, basically -- Nary: When you're talking about garbage trucks, it's wide enough for cars, but garbage trucks only go down it once or twice a week. Thornton: Sure. Nary: Not, you know, 40 times a day. Thornton: Well, I would have been happy to design the parking any way that was requested. This is the way that I was asked to do it basically by Planning and Zoning and by Ada County. So that's the way I put it together for them. They seemed to not have a problem with it. They did not want it coming in from King Street. I don't know all of their reasoning for why they like to do that, but basically we were complying with their request, so -- Nary: Thank you. Corrie: Any other questions from Council? Bird: I have none. Corrie: Okay. With that I will entertain a motion to close the Public Hearing. Stiles: Mr. Mayor? Corrie: Oh, I'm sorry, Shari. Stiles: I'm sorry. Excuse me. I just realized as I was looking at this plan, they will not be meeting the ten feet per story. I'm not sure how far out -- how far out those projections are on either side, but those would be considered part of the building and would be reducing that setback and also the fencing that's proposed separating the different units would be within that setback and the fence is also considered a structure, so I guess I just needed to clarify that if your decision is to approve this, then that should probably be addressed, whether those fences will be allowed and whether the ten foot per story - - or five foot per story must be met. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, so what in the recommendation from Planning and Zoning were you suggesting we change? Is it -- since the site plan says a ten foot sideyard setback, so is that okay or is that something we should change, since the ordinance requires a minimum of five feet per story, so ten foot is fine. Meridian City Council Meeting June 4,2002 Page 39 of 66 Stiles: The site plan does show ten-foot setbacks. However, there is no consideration given for these upper -- the upper story and the projections of the building. In Meridian those are considered a part of the building. Nary: So what I've asked, then, was what would you suggest we change in the recommendation? Stiles: I'm not sure what the width of that is. Again, neither Gary nor I have the -- seem to have the packet for the application. If the applicant could address that. And also the fencing. I don't think the fencing between the units was considered during the Planning and Zoning Commission hearing. I'd like to know the distance between that -- between their proposed fencing and the property line. Nary: Well, I guess ('m confused, Mrs. Stiles. In the recommendations from the Planning and Zoning Commission it says the applicant did not address fencing on the proposed site plan, yet you referred to comment on the site, but the zoning and development ordinance does not address fencing requirements and the P&Z Commission supports no fencing for this project. So it appears that the applicant didn't address it, because the Planning and Zoning Commission decided not to require it, so are you asking us to change that or are you asking us to revisit it after it's already been heard and had a Public Hearing and they have already made a discussion and they have made a recommendation? Stiles: I don't think they were addressing anything to do with the fencing between the units. Nary: Then why is it -- Stiles: Do they want no fencing? I'm sorry. Nary: And I'm just reading from the recommendation and it says no fencing, so that tells me they discussed it and that was the recommendation. Now if that isn't that, then these are in error or we are going to re-issue -- re-hear an issue that's already been decided. And if we are, that's fine, but I just want to know is that what we are doing? Stiles: If that's the applicant's understanding that the fence will not be built, then I guess that's fine. I guess I -- by reading that I don't get that they were even addressing the interior fencing, because the comment says the applicant did not address fencing. Well, they show it on their plan~ Nary: I agree. What I guess my problem is, is that this recommendation is unclear. It is a hodgepodge of what was in the staff report and maybe what was discussed at the Commission, because it has a very mixed feel to it, it says they didn't address fencing, but they must have addressed fencing and it should be a good neighbor quality, but they don't recommend they have any, so I just want to know which one it is. Meridian City Council Meeting June 4,2002 Page 40 of 66 Stiles: It is a mixture between the two. I guess the recommendation from Planning and Zoning Commission, I guess, would be the Commission agrees not to require permanent fencing and the applicant shall contain debris on site during construction, so it does not migrate onto adjacent properties. De Weerd: Mr. Mayor? Corrie: What would be classified as a good neighbor quality? Should not be chain link or six foot cedar. What would it be? Stiles: I don't know. Corrie: I'm asking you. What would it be? Stiles: A good neighbor fence is alternating -- typically an alternating panel so it looks the same on both sides. Corrie: All right. Okay. Mrs. de Weerd. Sorry. De Weerd: I can't remember. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Again, the other question I have, Ms. Stiles, is on number five, the building setback. The requirement is five feet per story. Now I understand what you're saying about that little jutted out window, but it's just a two story building or not. Is it more than a two story building with that jutted out window? Stiles: No. Nary: So it's a two story building and it says in the recommendation; the site plan shows ten foot sideyard setback, which is complying with the ordinance, so -- Stiles: The site plan does. The elevations do not show that -- Nary: Do the elevations show it to be more than a two story building? Stiles: They show it to be -- that the main part, the bottom floor is 30 feet wide, but on the second floor it will be less -- it will be greater than 30 feet wide, so -- Nary: Does that make it more than a two story building? Stiles: It makes it less than a ten foot setback. (F Meridian City Council Meeting June 4,2002 Page 41 of 66 De Weerd: Mr. Nary, where they are measuring from would be the outer wall on the second level to the property line. Nary: I understand that. What this says is -- and that's what I was asking Mrs. Stiles is this says -- and the recommendation is that the site plan says it has a ten foot sideyard setback. She asked us to revisit that. What I'm saying is it a two story building or not? The fact that the upper story is bigger in those places where those windows jut out, does that make it more than a two story building. If it doesn't, then what difference does it make about the window elevation? Who cares? It either is a two story building or it is not. If it is, then it has a ten foot setback and that's what the requirement is and there is nothing to do differently. If it makes a difference, that's what I want Mrs~ Stiles to tell us. Just because those windows stick out, does that make it different than a two story building. Stiles: Mr. Mayor, Councilman Nary, I don't know where the two story is coming in. I know in Boise city they have a different way to measure the sideyard setback. The building official in the City of Meridian counts that second story as needing to meet the setback requirements of ten feet from the property line. So it doesn't make a difference whether it's two story or not, I mean I didn't say anything about it being more than two stories or -- I don't know where you're coming from. Nary: I'm reading the recommendation number five. Do you want us to change it? That's all I'm reading is what was recommended by the Planning and Zoning Commission. Did you read it? Stiles: Yes, I did. Nary: Okay. Do you want us to change it? And if you do, why? Stiles: I just want it to be clarified that there is -- there are not ten foot sideyard setbacks. Nary: Okay. So this is in error~ Stiles: That's an error. Yes. Nary: This is incorrect? Stiles: Yes. Nary: Okay. In their minutes they addressed this at the Planning and Zoning Commission. Why are they in this recommendation if they are wrong? Do you have a position statement? Do you have something else to show that? ( Meridian City Council Meeting June 4, 2002 Page 42 of 66 Stiles: I think it was missed. I do think it was missed. And, like I said, we searched for it in the application and we can't find it. So we don't have a full scale drawing. I think it was missed. I think it was an error on our part to not consider it. The site plan -- it is true, the site plan does show ten foot sideyard setback, but the elevations don't support that. Nary: So what do you want us to change or what do you want them to clarify, since we still have the Public Hearing open? Stiles: That either the -- that they let us know what those projections are, how far they project, so we can -- so you can either approve it with reduced sideyard setbacks and so it just can't say this, just so it doesn't say that it shows ten foot sideyard setbacks when, in fact, the plan does not meet the sideyard setback requirement at ten feet. I mean it is Old Town, we look at everything on its own merits, I don't think there is a problem with this, it's just I would like it to be correct. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think the issue is that the site plan as drawn shows it meeting the ten foot setback, except that the site plan does not show on it the projections that come out over the -- over the foundation and so Shari's point is that perhaps corrected by a revised site plan, which shows those projections and if you choose to, if you will, reduce the setback as specified, it could be approved in your motion what those setbacks would be. Nary: Thank you. And all I was asking Mrs. Stiles is what does she suggest we do, because this is exactly what's in the staff report. Ifs the same wording in the recommendation and now this gentleman hasn't had any opportunity to really address it very clearly, because our staff report is wrong and the recommendations are incorrect, as they just copied the staff report. So how is he supposed to address that? Bird: Mr~ Mayor? Corrie: Mr. Bird. Bird: I donlt know how you're going to address it on the site plan, because a site plan is basically that, just shows the footprint of the foundation. Your elevations -- your elevations -- I guess that would be the only place you would be able to show the property line and measure over the deal, but 11m like Mr. Nary, why is it being brought up at this point when it went through two -- and I don't know why Shari don't have a packet, to be truthful, and I went through and stuff and I donlt know why the packet isn't there, but I'm kind of like Mr. Nary, I mean what do you want and how do you recommend and how do we fix it. You don't do it by site plan, unless you have an elevation drawing on the site plan and I have never seen one of those. Meridian City Council Meeting June 4,2002 Page 43 of 66 Stiles: Mr. Mayor and Council, I apologize, I can't review every site plan before the comments are reviewed and it goes to Planning and Zoning Commission. If you would prefer that I not make any comments on errors that I see when it comes up to Council and, I apologize, I have not had time to review it before today, then let me know that, but I guess if I see an error, then I think I have to say something. And it matters not to me whether you reduce the sideyard setback to seven feet or five feet or whatever, I just would like it to be accurate, whatever is shown there, because we have to live by the findings that are created as a part of this process. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: When we started this, Mrs. Stiles, all I asked was what was your suggestion to fix it. That's all I wanted. It was what was your suggestion. If it is inappropriate for you to make that suggestion, then maybe the planner who is the one that worked on this and presented it is the one that should be here doing that and all 11m asking was some way -- if we are going to have to make findings and we have a staff report thatls incorrect and missed it, as you stated, and we have recommendations that just copied the staff report and, again, they are wrong, how are we supposed to go forward, so we can get this taken care of for this person? All I wanted was some recommendation from you as to what should we do to correct the language or if Mr. Thornton needed to make other testimony to clear that up, then he can do that, but I donlt think we have given him any direction as to what he's supposed to do. So that's the issue I wanted to fix. Thatls all. Stiles: Okay. Mr. Mayor? Corrie: Mrs. Stiles. Stiles: What I would suggest, then, if the Council is going to approve reduced setbacks, that all of the language that -- the narrative type language be omitted and that the Council merely address the setbacks that are approved as part of this application. I donlt know how far those projections are. They are considered part of the building, it's not an architectural projection, such as -- oh, well, architectural projections are -- that we go -- such as eaves, yes. The eaves do not count. les the living area wall. Corrie: Mr. Thornton, let me ask you -- let me ask Mr. Thornton to come up here. How far do those windows set out there? Thornton: Well, I'll have to give you a guess at this time, but I believe itls two feet. Bird: They are just a seat -- Thornton: They are just a window seat type -- Meridian City Council Meeting June 4,2002 Page 44 of 66 Bird: But they are an area that you can be in? It's a seat. Thornton: You could sit there, yes. Bird: You could say it's a seat. Thornton: Yes. Again, you know, they are also to add character, as much as anything, to the outside of the structure and the same with the front side also. The pop outs on the front side are actually split between two units and they are the walk-in closet area in the floor plan. Bird: And they are also two feet, approximately? Thornton: Yes. Bird: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd~ De Weerd: I have a question for the applicant, since I still haven't found ACHD's report. Did they not ask you to pave a portion of the alley? Thornton: Yes, they did. And that's addressed on that site plan. De Weerd: Okay. Thornton: This is a little bit better size for you, but that's the site plan that we submitted and this is the part that they requested be paved. De Weerd: Okay. So you're paving from the street on out to the back side of your property? Thornton: Yes. Essentially there is some paving existing that we will go to. De Weerd: Okay. Thank you. It looked like a big black blot on mine, so we appreciate the clarity. Corrie: That's a lot better than what we have there. Okay. Any other discussion? I assume the silence means there isn't. Okay. Any other testimony that you want to hear from the Public Hearing? If not, 1111 entertain a motion to close the Public Hearing on Item No. 15. McCandless: So moved~ ! I, Meridian City Council Meeting June 4, 2002 Page 45 of 66 Nary: Second. Corrie: Motion made and seconded to close the Public Hearing for the Thornton four- plex. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Comments? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I did hear what Mr~ Williams said and I do think there are probably some concerns about this particular property, but I think it's an improvement and it's a balancing act, as we have to do on a lot of these properties, but I don't really think this is a bad project. I think there are some concerns, some of them are marketing type issues and whether or not the way it's situated and those kinds of things, but I don't think that's our concern~ I don't have any problem with it. Bird: I don't either. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I also understand the concerns of the neighboring business, but the goals of the Old Town are a mixture of residential and business and a higher density and these achieve it and certainly we are working on design standards that can start helping have a better blueprint to follow to address maybe some of the concerns that you have raised today as well. But it is definitely an improvement and we are trying to look at how we can encourage these kinds of improvements. So, you know, I understand your concern and I think that the people that move in there are going to understand they are right next to a business, so I would go ahead and -- do we have a motion or -- Corrie: Not yet. De Weerd: Okay. Well, I would move that we approve the request for a Conditional Use Permit for a residential development consisting of four townhouse style units in a two story in an OT zone for Thornton four-plex, to allow the reduced setback to eight feet from the second story elevation bump out and to approve the -- or incorporate the recommendations from the Planning and Zoning Commission and applicable staff comments, ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. ( Meridian City Council Meeting June 4,2002 Page 46 of 66 McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Since we are trying to clean up number five, we can clean up number eight. I mean it appears that the Planning and Zoning Commission recommendation shows no fencing between this property and the adjacent property, so if that's what we are doing, let's make it a little clearer~ Is that the way you read that? De Weerd: Yeah. Nary: Let's make sure that number eight reflects that that's what the recommendation is. De Weerd: Okay. If that would be noted in our findings, that the fencing is not required. Corrie: Okay. Anything further discussion? Okay. Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes~ Motion is approved. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: 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: Item 17: Public Hearing: 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: Item 18: Public Hearing: 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: Corrie: Item Number 16 is a Public Hearing, request for annexation and zoning for 40 acres from RUT to R-4 zone for proposed Marlin Subdivision by Winston Moore, north of 1-84 and east of South Linder Road. We also have a Public Hearing, request for preliminary plat on 152 building lots and 5 other lots on 40 acres. And then we have a Meridian City Council Meeting June 4, 2002 Page 47 of 66 Conditional Use Permit for a planned development for single-family residential lots. So at this time, if there is no objection from Council, I will open all four -- excuse me -- all three Public Hearings and we will issue testimony in all three, if you so desire, at one time. Okay. I will open the Public Hearing for Items 16, 17 and 18, in reference to Marlin Subdivision on the annexation and zoning, preliminary plat, and Conditional Use Permit~ Staff comments first. Stiles: Mr. Mayor and Council, this is for the property immediately adjacent to 1-84 on the western boundary -- or the eastern boundary is The Landing Subdivision, the final phase, and the Landing Subdivision is also to the north. Waltman Lane is roughly adjacent to the north boundary, parallel with the north boundary to the west and that goes to the elementary school site, which would be the Peregrine Elementary School. There is an existing ditch called the Kennedy Lateral that traverses down the eastern boundary. This was tiled in the phases of The Landing Subdivision. They did submit the planned development for a couple of reasons. One is that it's designated as a mixed planned use area in our Comprehensive Plan, which requires all uses to go through the planned development process and also they had requested some reduced frontages throughout the development to provide a mixture of housing types. There was some discussion at the Planning and Zoning Commission regarding the landscape buffer adjacent to 1-84. The buffer that was completed as part of The Landing Subdivision adjacent to the freeway has been very unsuccessful. It was a 20 foot high -- or 20 foot in width before you got to the fence and then it dropped sharply into the back yards of that -- of the lots within the subdivision, but they did provide a minimum 20 foot planting strip prior to the fence as it was required by our ordinance at that time. The ordinance has now changed to require additional landscaping. It was the recommendation of the Planning and Zoning Commission that they be allowed to put the fence roughly at the apex of what would be the berm. I don't see in the recommendations the response from the Idaho Transportation Department~ They do have some guidelines on how far they would like buildings to be located from the freeway. There will be a third lane added to this section of the freeway and they do have a standard for that, but not having their comments I am not sure what that is. There will be an overpass in the future at this location for Linder Road and Ada County Highway District has made their comments regarding the tapering of right of way they will need and I believe the site plan has been drawn to accommodate that future overpass. There is existing rural residential type housing units across the road to the west on larger lots that are still in the county. The property has been farmed for many years. The site plan does show a variety of housing units within the development, has large open space areas. I guess I will need the applicant to address the fencing. I believe it was proposed to be 35 feet wide, which would mean that at 17 and a half feet they would have the top of the berm. Actually, they are showing 24 feet from 1-84 right of way to the top of the berm where the fence would be and then the actual property owner's lot line would be an additional 26 feet from that location. The concern was, was that the property owners would build another fence on their property line and it would leave kind of a no man's land between the fence on top of the berm and the property owners, so it was their recommendation at Planning and Zoning Commission that the property owners did not need to fence along their property line. I believe that was the one outstanding issue that hadn't been clearly Meridian City Council Meeting June 4,2002 Page 48 of 66 addressed at Planning and Zoning Commission and would request your guidance on that and, otherwise, would recommend approval of the project with staff and agency conditions. Corrie: Any comments or questions from Council at this time? Okay. Thank you, Shari. This is a Public Hearing. I would invite the applicant to speak first. We have got all three of these, Jonathan, so however you want to -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Seal: Yes, I do. Corrie: Name and address, please. Seal: My name is Jonathan Seal, W.H. Moore Company, 600 North Steelhead, Boise, Idaho. Good evening, Mayor, Council Members. First I wanted to mention normally Winston Moore would be here tonight. He's been ill, so he wanted to make sure that both the Mayor and the Council understood the fact that he is not here is not a representation of his lack of interest, but the fact that he had planned on it. He apologizes for not being here tonight. So, anyway, having said that, the first item -- could we turn that light off? Thank you. This is -- and I apologize for the size, but we tried to get some stuff in here. This is a color rendering of the project and I think first what I would like to talk about is this is 152 lots, as was mentioned. What we have got here, first off, is this is, as you say, an in-fill space for the city limits of the City of Meridian. If you look at the surrounding homes in The Landing, these lots line up with it, so they are no smaller than they are. The lots, as I mentioned, these lots in this project conform to the Comp Plan. We are going to be developing -- or are in the process of developing right now, we have submitted very strict CC&R's for this project. It would address things such as the design of the buildings, such as the pitch of the roof, the color of the shingles, the storage of the vehicles, the maintenance of the property. We want to keep this as a quality type project. I think the other thing -- and I have probably said this to you before when I have been in front of you, but I think it's always worth repeating. As you know, this is going to be developed by Winston Moore. I think it goes without saying that he builds quality. It's important to him that he builds quality. His reputation is important to him and I think as I go through this I think you will see that this is reflected. These are entry level homes. We think that these are the type of homes that you need within the community that will enable people within Meridian to not only work here, but to live here. I think in many cases many of these people are faced with going to Kuna or Nampa-CaldwelL There is nothing wrong with those communities, but it requires a substantial drive. I think what's reflective of the quality of this project, if you here we have two open area parks that we are providing. The total acreage of those is slightly under four acres, approximately two acres each. Within these two parks we propose to put playgrounds. At the P & Z hearing several weeks ago one of the requests that they made was to put playgrounds in both. I have an example here and I will pass it out to you~ This is a little bit of a representation of the type of playground facilities that we will install and I'm not suggesting that this will be the specific kind, but this will be I think a very good representation of it in terms of quality, design, the type of Meridian City Council Meeting June 4, 2002 Page 49 of 66 material within it. And, again, what we are going to do is our plan is to put one park for older kids and one park for younger kids to have a playground. Again, this was a request of P & Z that we did not argue, we will go along with providing them both. We think that's a good idea. I think some clarification down here along -- this is 1-84 down here, as far as the berm goes, and what I'll do here is pass these out again. I think a picture is worth a thousand words. This is a side view of the berm on 1-84 and we spent a fair amount of time on this. The original staff report talked about along the berm -- this berm being 50 feet long -- for 50 feet wide, I'm sorry, and the situation we had is that you had a berm, as you can see on that, the top of the berm is not at 50 feet. In other words, the apex of that berm would be at approximately 25 feet, so the dilemma you have is you have a fence at the top of 25 feet, then you have the property owner's fence further north of that, so you had what they talked about is a tunnel vision. What we wanted to try to accomplish here is to create a berm of between six and eight feet and put the fence at the top of it. So my understanding at P & Z and what was approved is that the berm would be 35 feet tall, the fence would be at the top of the berm, which would be at 35 feet. In other words, you would have a 35 foot buffer between the fence and the freeway. And then the landowner, the homeowners, their fence would basically be the fence that we are putting up. So the intent was without that what we wanted try to do is achieve putting the fence at the top, that gives you as much of the berm, as well as the fence for both sound and also visual barrier. So the discussion at P & Z was that was approved in the Findings. So I believe that's already been addressed, but we are certainly free to talk about that. A couple other things on that berm down there. What we are also doing is another thing in terms of the quality. And, again, I'll stress this with Winston, that what he is trying to do, I think, is accommodate the needs of the city to develop a quality project, is that we are going to go in it and put vinyl fences in and, again -- I think I have enough of these~ You know, if you look around the community, a wooden fence is about half or less than half of what a vinyl fence is. A vinyl fence would run you somewhere in the neighborhood of 20 dollars a foot we figured up on Magic View, for example. The beauty of a vinyl fence is -- even though it's substantially more, is five or ten years from now it still will look nice. It doesn't get the faded and weathered look that we sometime see. Again, a cheaper way to do it would be to stick up the wood and it would look nice for a couple years, we would move on, but then you've got something that you're looking at that over time deteriorates. These fences are guaranteed for life. They may be -- they will probably be a beige versus a white, but, again, I think it's an attractive thing~ I think it will enhance the project. It's quality and that's what we are trying to strive for. Even though these are entry level homes, it doesn't mean that we have to play on the cheap side. So we are going to -- the fences are not only going to be along here, but then the vinyl fences will also be come along there. So, again, I think it's going to be attractive, it's going to be a long-term investment, and I think it's going to enhance the quality of the project. Another thing along here -- and you can see it -- oh, you can see it over here a little bit. And, I apologize, these are not terribly big pictures, but our intention is to landscape this and also put a small berm along here and the idea is just to put a vinyl fence on the sloping part, the back sloping part of the berm. Again, the neighbors to the west will see more than six feet of visual barrier, the fence will be higher than what will be grade level, maybe a foot or two, but, again, what we are trying to do is give that barrier, so you're Meridian City Council Meeting June 4,2002 Page 50 of 66 just not seeing a residential community. They have mentioned down here, P & Z also asked for -- or staff asked for more trees as part of the ordinance and we are going along with that, too. A couple other things to mention. Also we did have a neighborhood meeting before P & Z and I know there is a couple neighbors here and I certainly won't speak for them, but I know one of their concerns was access from Linder to Franklin Road. The concern is that there was, for example, an accident or something up in this area, how they could get out. One of the things, again, P & Z asked for is would we take Verbena all the way through to the subdivision with phase one. Phase one for -- basically will end right here. Again, we agree to that. What that will enable, if you look on this -- and, again, that's takes Verbena -- it enables people that if there is some blockage in this area, to be able to get up into this area and again get back onto Linder. I understand that that does not -- that's not a direct route to Linder -- or to Franklin, rather, that many people would prefer, but, again, I think it's a mitigation and I'd also mention that ACHD -- we did track it, of course, for ACHD. They did review it and they passed this project. In fact, it was on the consent agenda. I think, finally, and just very quickly on this -- and I will try to keep this short, we have had several homes builders that approached us about buying all these lots all at one -- they would come in and they'd write us a check and we would be done with it. Our desire, again, is -- and Nick Kuntz is here who does the marketing, is we want to be selective in the type of builders that come in here, because there is builders out there that will throw up homes left and right, they do a big volume. That's not the kind. We are going to try to be selective on the quality of the builders, because, again, we think they should be quality homes. They may be entry level, but they don't have to be poor homes. So we are going to be selective in that process. I think with that, that's really all I have to say. We have read through the staff report that was provided to us prior to the hearing. We are in agreement with that and I'm certainly pleased to answer any questions that you might have. Corrie: Any questions? Bird: I have none. Corrie: Okay. Thank you~ Seal: Thank you very much. Corrie: Okay. Is there anyone from the public that would like to issue testimony? Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Gorton: Yes, it is. Bird: Name and address, please, for the record. Gorton: My name is Tara Gorton. I live at 1155 South Linder Road in Meridian, Idaho. Mr. Mayor, Members of the Council, it's very evident that I don't want the 154 homes Meridian City Council Meeting June 4,2002 Page 51 of 66 across the street from my house. The fact that this land is going to be developed is pretty much irrelevant to you. This subdivision, the people that are planning this subdivision have, I think, taken great care in the amount of quality that they are going to place, they are going to place nice fencing in front of the homes and stuff like that. Just for the record, my house is directly on Linder Road, it's directly across from the subdivision. We don't have anyone else from our area here right now at this time, but they are all acre lots and they are currently zoned in the county and I just want to bring to your attention that if we have R-4 across the street from county property and all of the lots do have livestock. My goats and horse go down the road daily and I just donlt want to have future conflicts with anybody who is going to put a home over there with all those kids and my other concern is with the school~ Now if you will notice, there is -- and we talked about the access. Is that going to be -- well, I donlt understand the stages about the access road through the extension of Verbena~ If you look on the road, even though there is a road that goes through the entire subdivision, it goes out to Linder Road to Franklin and that is at this current time the only access out of there. Thatls already been addressed. As long as that promise is kept I don't see a problem with that, but they put a brand new school there two years ago. It's already 80 children over capacity. Now they said that theyld only have about 126 kids in that subdivision if they go by the school what is provided through the school district of Meridian. What 11m saying is these are low level homes, they are going to be new families, there will be a lot more children overcrowding that school and I just want to bring that to your attention. The major problem I have with that is there is one crossing guard right there at the school to take all those kids across the street. Not only do they cross there for the subdivision, but all of the children from The Landings Subdivision are all directed down the sidewalk and every single child crosses at that one crosswalk. And adding all of those other students to that one crosswalk, it's overrun~ So I wanted to bring that to your attention. There is a present speed of 20 miles an hour through there, but everybody knows thatls not kept. So putting more homes right there, right past that school, so there is no other outlet -- they say there will be an outlet eventually. We have one outlet, all those extra homes right passed the school. So lid like to see something changed about that if we could. I really donlt have any other concerns. But I just wanted to make sure it was safe for the school was my big issue. Corrie: Thank you. Any questions? Okay. Thank you. Anyone else from the public that would like to issue testimony? Okay. Hearing none, Jonathan, do you have any comments or questions? Seal: Jonathan Seal. This is zoned R-4 and, actually, under this PUD we are less than four homes under the R-4. So, in essence, with the PUD we have actually come in with a lower quantity than we could have with an R-4 zone. So I think we have tried to reduce that and, again, I emphasize I think with the parks and everything, you know, we are creating homes, but we are also trying to address your need for parks, which I know itls an ongoing challenge and problem for everybody and I think they will be nice parks. And just one thing very quickly, I think we also did -- if you come in here we have altered it so that as you drive in youlre going to see this open area, youlre not going to drive in and just simply see a series of homes, itls going to be an open area. And, again, Meridian City Council Meeting June 4, 2002 Page 52 of 66 I think it will be attractive and think it will be appreciated by everybody within the community. That's all the comments I would have. Corrie: Okay. Nary: Mr~ Mayor? Corrie: Mr. Nary. Nary: Mr. Seal, could you show me again where that connection to Verbena is? Seal: Yeah. Mayor, Mr. Nary, right here is Verbena and this goes through and right now this road -- this ACHD road stops right there, so we would connect to that and then, you know, obviously, that offers people the opportunity to travel up here and, again, it does not get them up to Franklin, but I think it does address some of the access concerns and that's the best we could do. Our first phase which we submitted, as I mentioned, will be somewhere right there and so under normal circumstances we could simply dead end this road, but, again, Winston Moore has agreed to go ahead and extend Verbena to phase one and that's a condition that's in there, we have agreed to that. We are not arguing with that. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, Jonathan, I think you have done a nice job, like the neighbor said, you have really upgraded a lot. I think the only thing I would like to see that's probably too late is a detached sidewalk, because I, like the neighbor, those kids in walking on the street to school and Linder, with it going to be an overpass, it's going to be a busy road and it would be nice to see detached sidewalks and that's my soap box comment. Corrie: Any comments? Seal: Well, Mayor, Mrs~ de Weerd, as you probably know, residential is not an area we have done, it's an area that's new to me, but my experience has been most of the time it has been attached sidewalks. It makes it -- I guess it comes down to, quite honestly, I think part of a cost element and the difficulty of trying to maintain that area between the sidewalk and the curb. So I think our preference is just to keep it as an attached sidewalk in this project. We are -- you know, we are coming in and we are trying to accomplish a lot of things and offer a lot of things and there is a point I guess where we are considering costs and I understand that's not your not concern, but I guess our preference would be to go with an attached sidewalk. So that's my soap box. ( Meridian City Council Meeting June 4, 2002 Page 53 of 66 De Weerd: I understand that soap box. Seal: Yeah. Corrie: Thank you, Jon. Anything else that the Council wants to do for the public record? Bird: I have none. Corrie: Okay. Hearing none, 1'(( entertain a motion to close the Public Hearing on 16, 17 and 18. McCandless: Mr~ Mayor, I move to close the Public Hearings for 16, 17 and 18. Bird: Second. Corrie: Motion has been made and seconded to close the Public Hearing on Numbers 16, 17 and 18, on Marlin Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. All right~ The Public Hearing is now closed. Discussion? Comments? Bird: I have none, Mayor. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I was noticing on the ACHD recommendation -- and I just saw this now after Mr. Seal finished, but it does say a five foot detached concrete sidewalk on Linder. The ACHD recommendation was to construct a five foot wide detached concrete sidewalk on Linder Road located two feet within the new right of way. It's detached. Yeah. I mean I didn't notice it before, I just happened to notice now. They said -- they wrote them down. That's what it says. De Weerd: Good thing we closed the Public Hearing. Seal: I think I misunderstood what street you were talking about. I agree with you. Corrie: Okay. Let the record show that the applicant does agree with the ACHD. Okay~ Okay. Any other-- De Weerd: You were just better than you thought you were, Jon. Seal: I didn't see that. Meridian City Council Meeting June 4,2002 Page 54 of 66 Bird: I didn't see it at all. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: You know, maybe I didn't have my Wheaties this morning or something, but 11m looking at the recommendations and it's just a pet peeve of mine, I really appreciate Mr. Seal and Mr. Moore's -- the information we were just provided, the six foot vinyl fence on the buffer is excellent~ I mean it will look very nice. It's going to be a real amenity to the city. I like the parks and the playground equipment they are willing to provide, I think, again, that's a real plus to the city. But I look at these recommendations and at least according to Mr. Seal, that discussion of the fence was done and it's not in these recommendations, so it's very frustrating to me to get these and they don't have the proper information for us to deal with, so now we have to add it and I think that's very frustrating. The other thought, in looking at these recommendations -- and I think it was the ones on the CUP that I was looking at. Again, looking at these recommendations, I believe it was number five, it's kind of a mixed bag, again, of the staff report, something that happened at the P & Z Commission, and some recommendation in there and some of it's just cut and pasted out of the staff report, but it doesn't have any relationship to what the recommendation is. If we are going to have these, then they should be reflective of what was done, so that we can use it. Otherwise, if we have to rewrite it, why get it. It doesn't help us to have to do that on every one of these and cut and paste it more when we don't have the benefit of the minutes that reflect exactly what was discussed at Planning and Zoning. So it's just a pet peeve. We can deal with this, it's just annoying to me to get this type of information and it's not usable for us and it's just frustrating and we will have to add in the findings one for the vinyl fencing on the 35 foot buffer. So, anyway, it's just my pet peeve. I like this project, I think Mr. Moore -- it is a nice project and I think the information he brought is just very good. I recognize that the school district is going to have to address those concerns as well. I think the neighbor has brought up concerns about crossing that road, I don't see an overpass anytime soon, so I can't imagine there would be an overpass there anytime soon. That dead end is going to be a dead end for at least a number of years. So I don't think we have that type of concern, I think the concern we have is what was brought up, was crossing that street, and making sure it's done safely, that is something either the highway district for the roadway or the school district for the crossing guards, so I think those will get add res sed . Bird: Is that a motion? Corrie: Any other discussion? Okay, Mr. Nary, 1111 entertain a motion. Nary: Mr. Mayor, I would move the approval of AZ 02-007, request for annexation and zoning of 40 acres from RUT to an R-4 zone for proposed Marlin Subdivision by Winston Moore, north of 1-84, east of South Linder Road, to include all staff comments Meridian City Council Meeting June 4,2002 Page 55 of 66 and recommendations of the Planning and Zoning Commission and I believe the ones for the annexation are just fine the way they are. McCandless: Second. Bird: Second. Corrie: Motion has been made and seconded. Nary: I guess I need to add for counsel to provide Findings of Facts and Conclusions of Law and Decision and Order and all the other appropriate papers. Bird: 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: Motion carried. MOTION CARRIED: ALL AYES. Corrie: I'll entertain a motion on the preliminary plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of PP 02-008, request for preliminary plat approval of 152 building lots and five other lots on 40 acres in a proposed R-4 zone for proposed Marlin Subdivision by Winston Moore, north of 1-84, east of South Linder Road, to include all staff comments and recommendations of the Planning and Zoning Commission and for counsel to prepare Findings of Facts and Conclusions of Law, Decision and Order and I don't think there were any changes to that either. McCandless: Second. Corrie: Motion has been made and seconded for the approval of the preliminary plat. Any further discussion? Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion on the preliminary plat approved. MOTION CARRIED: ALL AYES. Meridian City Council Meeting June 4,2002 Page 56 of 66 Corrie: I'll entertain a motion on the Conditional Use Permit. Nary: Mr~ Mayor? Corrie: Mr. Nary~ Nary: I'd move the approval of 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, east of South Linder Road, to include all staff comments and recommendations of the Planning and Zoning Commission, that counsel prepare Findings of Facts and Conclusions of Law, Decision and Order pursuant to those, as well as cleaning up number five of the recommendations for the Conditional Use Permit to reflect the Planning and Zoning Commission's recommendation, which I think would just delete the language regarding -- the language of presenting it to the Planning and Zoning Commission and that an additional finding be made that the applicant shall provide a six foot vinyl fence on a 35 foot buffer berm between this property and 1-84. McCandless: Second. Corrie: Motion has been made and seconded. Any other comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess it was probably more appropriate under the preliminary plat, but is there -- I didn't notice any notations of the Right To Farm Act. Nary: It's the law anyway. De Weerd: It is the law, but -- Nary: Ifs the law anyway, so that -- but I certainly think that -- I don't know if they standardly include that in the conditions, but it certainly -- De Weerd. Do you standardly include that? Smith: Mr~ Mayor, Council Members, Counsel Member de Weerd, typically it shows up on the final plat as a note. De Weerd: Okay. Gary: As a recorded note. Meridian City Council Meeting June 4,2002 Page 57 of 66 De Weerd: Thank you. Corrie: Any further discussion? Roll Call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: VAR 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: Corrie: Thank you. Number 19 is a Public Hearing for a variance request to the city ordinance allow an off-premise sign at the southeast corner of East Fairview Avenue and Locust Grove Road by Locust Grove Ltd., LLC. I will open the Public Hearing and invite staff's comments first. Stiles: Mr. Mayor and Council, this is for a property that is a remaining lot in the subdivision that created these four lots. Winger's is on this lot. Hollywood Video on this lot. There is a portion of the property -- this has been turned into an Eddy's -- not the bakery, but the store and all of these were developed separately as Conditional Use Permits. The Conditional Use Permit for this property included another half that would be developed in the future, so it would basically -- it originally was proposed to duplicate the existing buildings~ Can be attached. The applicant has requested an off-premise freestanding sign that would be located immediately adjacent to the sidewalk on D&B Supply's property. It shows this -- this would be the right of way line. It shows the sidewalk here and the sign location is shown immediately adjacent to that sidewalk. The applicant had requested whether he would be eligible for a sign program. We indicated that he did not, that it would involve a major modification to all of the signs on the site in order to be considered a center that would be eligible for the sign program. Proposing a six foot wide by approximately a little over a six foot high sign. I can't quite read what this is. It is proposing some illuminated frame with a back lit fixture and then the block foundation. The staff has done a review of the findings that are necessary to be made in order to grant a variance and did not find that it met the requirements to grant such a variance and we do recommend denial of this application. Corrie: Okay. Council, questions? This is a public hearing. I did open the Public Hearing, so if the applicant -- is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Gyer: It is~ Corrie: Name and address, please, for the record. ( Meridian City Council Meeting June 4, 2002 Page 58 of 66 Gyer: Bill Gyer, 967 East Park Center, Boise, Idaho. I'm the owner of the Locust Grove Ltd., LLC. Well, I know it's late and I will get through this as quickly as I can. I guess the best way to address this would be just to go through staff's findings point by point. I would like to -- Corrie: You're limited to five minutes, if you can. Gyer: Okay. I'll go as fast as I can. You know, by way of history, when this property was developed, both D&B Supply, which I brought to the City of Meridian, Winger's, Hollywood Video, the Eddy's Bakery Store, and now what I refer to as the orphan lot, when this was all developed there was no sign ordinance in the City of Meridian~ All there was two pages. That was it. There was no -- there was no -- there was nothing to go on. It was in process, it was being developed, but ultimately didn't get adopted, I believe, until -- I think it was February of 2001. By then all four buildings had been developed. So with that as background, let me just -- and I realize there has to be -- I have to meet the standards of the four required findings. A, that there were such special circumstances, conditions affecting the property, that strict application of the ordinance would be impractical or impossible. Again, it was all developed~ We didn't have the benefit of the current sign ordinance and that leads into the fact that I have provided photographs to help you see what I have proposed. Clearly, if anything, sure, we could go back to that -- and given the fact that the developed requirements -- and we have been good citizens in developing in the City of Meridian. I don't think there is a condition that has been asked of us over the years that we haven't agreed to. Is that a fair statement, Shari? Stiles: You have agreed to them, yes. Gyer: Okay. But given the fact that -- and, again, we could not control the exact siting of the buildings when they were bought. We had to pay attention to the marketplace~ Hollywood Video was adamant that they be located where they are when they bought the lot and they wanted individual ownership. That was the driving force behind this when this was done, is provide the individual ownership and the people own their little piece of the pie, their own business. Boyd Deeds, when he bought the lot for Winger's restaurant, same thing, I want to put my building here. Well, as it's turned out, the combination of Hollywood Video and Winger's restaurant, along with all the planning -- and, again, I have provided photographs, I'm happy to hand these out, pass them around if you like -- has created a situation where I'm screened off, I'm walled off by my own development, I guess, and I think it clearly demonstrates the fact that there are special circumstances here and I will just try and move along. It says in one of the comments: Staff does not find that strict compliance with the requirements with the sign ordinance would result in an extraordinary hardship to the owner or developer, because of unusual topography condition. Honestly, I don't even know if Mr. McKinnon read my application. I had to prepare a 22 point presentation on -- or why this should be developed, but clearly I have demonstrated that. I will tell you that that property has been continuously marketed for four and a half years now. The sign I have in the back, which you mayor may not have ever seen, is probably two-thirds again bigger than the Meridian City Council Meeting June 4,2002 Page 59 of 66 one I'm asking for. It's on 12 foot poles and they really is very little visibility. And, again, I'm not asking for the city to guarantee me a tenant or a buyer or anything else, but 11m simply asking for the right to put a sign up that may -- that may result in the successful development of this project. I don't want a used car lot. I don't want some -- and I told Dick I wouldn't do that. Dick from D&B Supply. I discussed that with him way back. So, again, I want to do something that's quality, but quality retail tenants -- oh, boy. Am I up to five minutes already? Corrie: Getting close. Gyer: Okay. I guess that, in short, I would tell you that I believe that we absolutely, if you have read our application, we have met the requirements for the granting of a variance and I respectfully request that I be granted a variance to put up a sign. Corrie: Okay. Questions from Council? Okay. Thank you. Anyone else here want to issue testimony? Okay. Council, questions for the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mrs. Stiles, at least the copy of the city code that I have on my laptop here doesn't have the sign ordinance in it. At least it doesn't have the section that is cited here, 11-14-6. Is there anything this gentleman could do, besides market to somebody that doesn't need a building on Fairview Avenue or anything in the sign ordinance that would assist him, other than just marketing it to something else? Stiles: He's applying for the variance to the sign ordinance. Nary: I understand that. Is there something that's already there that would allow him anything -- it says he doesn't qualify for a sign package, so is there nothing else in this ordinance that can assist him with the property. I mean, you know, it is fairly hidden and it is hard for any type of commercial development there that has no visibility to the street, so is there nothing that we have that could assist him, besides this variance? No other -- any other language in the sign ordinance that might be of some help? Stiles: Not that 11m aware of. We did -- the applicant had the choice to retain any of those lots for himself and the sign ordinance that existed in 1993 did specifically prohibit off-premise signs, so there is nothing new in the sign ordinance that didn't exist when the property was originally developed. Gyer: May I respond to -- Corrie: Hang on just a minute. Let's get the questions out. We did nit close the Public Hearing, so -- any other questions? Okay. I'll give you some time to say something about that. / Meridian City Council Meeting June 4,2002 Page 60 of 66 Gyer: In responding to Shari -- well, and I will respond. I'm going back to your sign ordinance that you have now. It specifically states: The purpose of the sign ordinance is to identify and enhance businesses, while maintaining the esthetic appearance of the city. It goes on and it says a sign is recognized as a vital ingredient to the free trade process upon which the city is dependent. And then in closing, we are supposed to maintain the identification and individual character of each business. I need that sign out there~ And, again, I have met the criteria, the four criteria that have been -- it is my burden of proof, I realize that, and, again, I'm not asking for a guarantee from the city of my eventual success, but I'd sure like the help in not being anymore of a failure than I already have been. Thank you. Corrie: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I did have a question. Can you give us a summary on the four criteria that you have met? Just in short. Gyer: I'll try. I believe I have met all the -- this site definitely meets the special circumstances or conditions, given the fact that we are blocked from view from the major arterial and I do have a C-G, which is the only zoning allowed when it was annexed into the city. That strict compliance would result in extraordinary hardship. I have tried for years. les been continuously marketed. I need some exposure, every tenant or potential buyer has told me who has been to see the property. I definitely have a hardship. The granting of the specified variance will not be detrimental to the public's welfare or injurious to other property. Obviously, there is nobody here to object and that the man who is giving me an easement forever, in perpetuity, the man who owns D&B Supply, he encouraged it~ Boyd, he doesn't care. Hollywood Video doesn't care. I'm surprised, frankly, that Miles didn't come up and have some kind of objection, because typically do from the people on the other side of Wilson Lane. Itls just us chickens here. I don't think I'm going to injure the public. And then, lastly, that such variance will not have the effect of altering the interest and purpose of this title in the Meridian Comprehensive Plan. I come back to -- I'm not doing any of that. All I'm doing is trying to establish a location for some business to be successful and meet the criteria and the guidelines of the sign ordinance and I could go on, but I know you're tired and want to go home. Corrie: Let me ask you a question here. On 0 it says the applicant stated in the application that the other businesses in the subdivision, Eddy's, Winger's, and Hollywood Video, will not discuss removing their existing signs to build a center sign. Is that true? They won't? Gyer: That's absolutely true. Meridian City Council Meeting June 4, 2002 Page 61 of 66 Corrie: The sign ordinance says that the purpose of the sign is not a real estate sign, nor a billboard sign, the only way the sign could be permitted off premises is to approve it as a center sign. That's not -- if they won't do that, then you're pretty out of luck getting a center sign. Gyer: I understand that, but I'm not asking for a center sign. Corrie: Yes, you are, because it's got to be part of that center. You've got a piece of property right behind there that has nothing to do with the center there. So if you want a center sign, it has to be part of that, the way I read the sign ordinance, and you're not asking for a center sign. Gyer: I'm asking for a commercial business sign. Corrie: But that's not what the sign ordinance allows you to do. It says off-premises signs are used for real estate, billboards, and commercial center signs. The proposed sign is not a real estate sign or a billboard sign and the only way that the sign can be permitted off premises is to approve it as a center sign~ Gyer: Well-- Corrie: I don't want to argue the question, but I'm just -- that's what the ordinance reads. Gyer: I understand that, but I just respectfully disagree with that statement. Corrie: Well, you can't disagree with it, it's an ordinance. You can disagree with it, but we have to go by what the ordinance says. I'll let them decide. I just wanted to bring that point to you, because it is in the sign ordinance. Any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have one for Shari. Shari, I understand that -- I think -- I don't know if it was you or one of your staff members at one time said there were a couple of items in the sign ordinance that need to be cleaned up. Is this one of those areas? You know, I didn't ask them specifically what it was, but as we adopt a new ordinance and try and find out all the kinks and that sort of thing, is this one area that has been found to be a hardship? Stiles: Staff has not considered the off-premise sign part of the ordinance to be changed. I mean, like I say, it was in existence in '93 and possibly before that, that made those prohibited signs, so, you know, people all the time want to get an easement, I mean any number of people are willing to grant a ten by ten foot easement Meridian City Council Meeting June 4,2002 Page 62 of 66 out on the freeway so somebody can say, well, I've got an easement, therefore, I can put my sign out there. But, you know, if we don't stick to the ordinance on this, we will have them everywhere. Corrie: I'm not going to get in this back and forth stuff. If the council wants to hear it, it's up to them, but -- Council, do you want to keep the Public Hearing open, go back and forth yet or do you want to hear what he has to say? I mean it's entirely up to you~ De Weerd: If anyone has anymore question, we could get all those out and then give him a chance to wrap up. Bird: I have no more. McCandless: I have none. Corrie: Okay. Well, then, if it's the majority of the Council, I will entertain a motion to close the Public Hearing. McCandless: I move we close the Public Hearing. Bird: I'll second it. Corrie: Motion has been made and seconded to close the Public Hearing. Any further discussion? All those in favor say aye. Opposed no? The Public Hearing is closed. MOTION CARRIED: ALL AYES. Corrie: Discussion now? Nary: Mr. Mayor? Corrie: Mr. Nary~ Nary: I think this is a difficult decision here, because I think there are -- I mean I think there has been some good evidence that they have got a problem here in some regards and I don't know if we can -- I don't know but for this variance if there is any other method to deal with this, but I don't know that it -- other than the fact that different people were marketed for this site when it was developed, Hollywood Video, Eddy's, Winger's, D & B, all of those -- all of those sites, other than the fact that those people chose the way they wanted their property marketed at the time, which they couldn't have done -- just because we didn't have a sign ordinance doesn't mean they couldn't have done a center sign. They could have done that. They didn't want to do that. So I donlt think there is some impossibility to this having been done even when they developed, it's just that was their choice to do it that way. I understand there is a hardship. I think the hard part I guess I have in looking at the findings that we have to require is that although I think the staff's comments are kind of conclusory and doesn't ( Meridian City Council Meeting June 41 2002 Page 63 of 66 really tell us what was the reason for that, I do think three of these four, that there is some evidence to support that, because I don't think there is certainly anything that's going to alter the purpose of the Comprehensive Plan, which is D. I don't think it's going to grant some special right or open the flood gates to have these all over the place as Ms. Stiles said, I just don't see that that's the case. I do think there is some strict compliance here today, because of the nature of the setup of the building that this development has come and because of some of the things in regards to topography and the like, that there is at least some evidence in regards to D of the findings that we have to have that I just can't find -- at least for me I can't see that there is special circumstances. The reason they don't have a center sign is because these properties chose to develop in that way and that was the way they chose to do that and I feel very strongly for the developer that he's got a problem with his property and he has gone over the history saying he can't market to the type of property where it's located, but not every property that we have in town is necessarily visible from the main street and they have to find other ways to do that and they don't all do it through off-premise signs. They find other ways to market it or they look for the types of businesses that don't require that and I just don't know -- I don't know the answer for it. I think there is -- I think there is certainly plenty of argument either way, but I do think that the problem here was that was the decision made at the time of the development was to not have a center type sign, because those businesses didn't want that. But they could have done it and they didn't have a sign ordinance, the sign ordinance didn't prohibit them from doing that at the time, so I guess I have a hard time making -- we have to find all of the findings, we have to find all four of them, not just one of them, and not just three of them, but we have to find all of them. I guess 11m struggling with at least finding all four. Corrie: Any other comments? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: It looks like if we could get the other businesses to agree that they could get a variance to have a center sign, that might be a solution for him. Corrie: I guess maybe in the long run Locust Grove is going to be maybe just as good as Fairview once the overpass goes and it's five lanes, but that's in the future, so -- okay. Any other comments? Bird: I have none, Mayor. Corrie: Okay. Hearing no other comments, I'll entertain a motion on the request for a variance of the city ordinance to allow an off-premise sign at the southeast corner of East Fairview Avenue and Locust Grove Road by Locust Grove Ltd., LLC. Nary: Mr. Mayor? Meridian City Council Meeting June 412002 Page 64 of 66 Corrie: Mr. Nary. Nary: I'm going to move that we deny V AR 02-006, request for a variance to city ordinance to allow an off-premise sign at the southeast corner of East Fairview Avenue and North Locust Grove by Locust Grove Ltd., LLC. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to deny the motion for request for variance. Any further discussion? Nary: I guess I need to make a request for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order, I'm sorry, pursuant to all staff comments for this denial. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Second agrees to the amendment, but, you know, I guess I will have my short comment is that I agree with what Councilman Nary said. If we needed to find that all four of these items need to be met to grant the variance, it would be a stretch to do that. So that's why I seconded the motion. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would add more comment and I don't know, but I do -- I think the question brought up by Councilwoman de Weerd in the discussion was as we have looked at this sign ordinance and there, obviously, are kinks and bugs that we have to evaluate as we apply that going forward, I don't think we have evidence to grant an off-premise sign, but I do think we at least need to look at this situation, because I don't think this will be an isolated situation, I think we have to find so we can deal with this. Now I recognize what you said, but there may be -- there may not be on this particular property maybe there are other methods that we are not aware of as to how to deal with it, but I do think from the staff's point of view and I know they are very busy, but they have to evaluate how do we deal with this. We may have this again. We have other properties in town that are going to have this same scenario where they are obstructed by the building's location, they are obstructed by vegetation, they are obstructed by trees that we required them to put there, so I do think we at least have to look at that and maybe an off-premise sign isn't the way to go, but I don't really want the property to come in, instead, and want a 75 foot sign there so you can see it. So, you know, I don't want that to be the alternative, so I think we at least need to look at what can we do and this is a good example of a way to try to address it in our ordinance and we have some very intelligent, creative people on the staff here to maybe at least come up with some alternative. This is not an ( Meridian City Council Meeting June 4, 2002 Page 65 of 66 isolated situation. There certainly is an opportunity out there to figure out what other ordinances are existing that can assist in this type of scenario, because we will just address it again and I don't want to keep denying it, because we just don't have the means within our variance process to do that. I think we really need to take an initiative or pro-active approach and say let's go and see if we can find something to deal with this problem, because I can't imagine it's unique to Meridian. I'm sure there are many places that have and they can deal with it with something other than an off-premise sign or maybe something different that might be an off-premise sign that's different than what we consider to be the traditional billboard type of thing, but something else. So at least I think going forward we need to at least do that, in addition to just this particular issue tonight~ Corrie: Okay~ Any other comments? Okay. Hearing none, Roll Call vote, Mr~ Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye~ Corrie: Thank you~ Motion to deny is approved. MOTION CARRIED: ALL AYES. Corrie: That concludes the agenda. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just a couple of things. I thought that we would have the lease agreement for the Boys and Girls club of Ada County on here. Corrie: We are going to have that hopefully tomorrow. It would be on the consent agenda with everything. De Weerd: Okay. And the second one is the Mayor and I discussed the changing of the name of East 1 st Street to Main Street, that the signs have come in and a way to kind of kick off the Main Street idea and an idea that was discussed and maybe prior the Dairy Days parade we could maybe do it at the entrance of the parade and having an initial ribbon cutting on the street sign to kick off the parade type of an idea. We are all going to be there, so it might be an appropriate to celebrate the new Main Street name. Corrie: Which are is it going to go? De Weerd: Oh, and I think the Mayor also wanted to know how big the wagon was and stuff for the kids~ Corrie: Okay~ ( Meridian City Council Meeting June 41 2002 Page 66 of 66 De Weerd: So-- Corrie: My question is which way is the parade going this year, north or south? Bird: It will probably start at the speedway. Corrie: The speedway? Okay. Bird: I imagine. I haven't heard, Mayor, but we can sure find out. Corrie: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we adjourn. McCandless: Second. Corrie: Motion has been made and seconded~ All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Thank you. MEETING ADJOURNED AT 10:26 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( 7/2/02- DATE ( ~- RECORDED - REO EST OF ~c~ COU'!TY PECORDER ~ ~ ... ... It t" · I ,. I J A .... D -. t\ .J. U ,.4 ',; ....; c. ....i. ~ ~ h hU ') ,-. : ,- :. I ~~. t. !- I ~ 1 FE!:' E .. I ~ '. _. I I;.,..." . . . ... I.-. , ~lLt lOOLJK l ~ PM 3= Zi 102067381 _ Mf~p~~ \.ii j '( DEVELOPMENT AGREEMENT PARTIES: I. 2. City of Meridian Howell-Murdoch Development Corporation, OvvnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 6 f!: day of In. tl1 ' 2tJo 2-, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and HOWELL-MURDOCH DEVELOPMENT CORPORATION, hereinafter called "OWNER"j"DEVELOPER", whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713. I. RECITALS: 1.1 WHEREAS, HOvvners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. s67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-OQ-O 19) - 1 1.5 WHEREAS, "Ovvners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to hovv the subject "Property" will be developed and vvhat improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of ,2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "FindingsH); and 1.8 WHEREAS, the "Findings" require the "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERSIJ and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 2 ;' \ ( the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services vvithin the planning jurisdiction and fron1 affected property owners and to ensure annexation and zoning designation is in accordance vvith the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follovvs: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the follovving words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"j"DEVELOPER": means and refers to Howell- Murdoch Development Corporation, whose address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)jdeveloper(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "An, attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-OO-019) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allovved under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential. 4.2 No change in the uses specified in this 1\greement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff, originally provided in their Memorandum dated February 15, 2001, as follows: I. That the Applicant shall provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they DEVELOPMENT AGREEMENT (AZ-OO-019) - 4 ( are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. 2. The open space shall be exclusive of all street rights-of-vvay and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stormwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count tovvard the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one ( 1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. ., 3. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11 ~2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Ustick Road, and the 25-foot Settlers Irrigation common lots along the north property line. 4. Due to the single-family uses abutting the east boundary of Lot 34, Block 1 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property line of this lot. 5. A detached sidewalk with a minimum 5-foot-wide planter strip between the curb and sidewallc shall be required along the Meridian Road frontage. 6. That no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. DEVELOPNIENT AGREENIENT (AZ-OO-019) - 5 \ "I 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the app_ropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 8. Any existing domestic wells and/or septic systems Within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 10. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer - (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 12. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 13. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 14. Provide five-foot-wide sidewalks in accordance with City DEVELOPNffiNT AGREENffiNT (AZ-OO-019) - 6 Ordinance Section 12-5-2.1(. 15. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the ACHD Recommendations as follows: 16. Dedicate 48-feet of right-of-vvay from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 17. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 18. Any existing or proposed irrigation facilities on Ustick Road and Meridian Road should be located outside of the new right-of-way. 19. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with minimum 21-foot street sections on either side of a DEVELOPMENT AGREEMENT (AZ-OO-019) -7 center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-af-way. 20. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 21. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet vvithin the new right-of- way. Coordinate the location and elevation of the sidewalk with District staff. 22. Construct one main entrance on Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of additiollal pavement within 42-feet of right-of- way. The applicant is not proposing to construct a median at this entrance. 23. Construct a center turn lane on Ustick Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 24. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of- way. Coordinate the location and elevation of the sidewalk with District staff. 25. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 DEVELOPNIENT AGREENIENT (AZ-OO-019) - 8 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot vvide concrete sidewalks within 50-feet of right- of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 26. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed I ,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right- of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of~way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. 27. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than ISO-feet in length. The applicant should be required to install signs at the termini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. The proposed stub streets are located: · Between Lot I, Block 15 and Lot II, .Block 18 · Between Lot II, Block 15 and Lot 1, Block 13 · Between Lot 8, Block 13 and Lot 2, Block 10 28. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than ISO-feet in length. The applicant shall be DEVELOPMENT AGREEMENT (AZ-OO-019) - 9 required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 29. Construct Ashby Street from Meridian Road extending 1,400 feet vvest to the proposed Alexis Avenue and from Greenvvich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29- foot street section within 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 30. Construct Venable Lane as a local/commercial street. The applicant shall construct Venable Lane from Ustick Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 31. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 32. The applicant should 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. 33. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy. DEVELOPMENT AGREEMENT (AZ-OO-O 19) - 10 34. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 35. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 36. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 37. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12,2001. Adopt the Recommendations of the Meridian Fire Department as follows: 38. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' part. 39. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 40. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 41. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 42. All radii shall be 28' inside and 48' outside radius. 43. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. DEVELOPMENT AGREEMENT (AZ-OO-019) - 11 Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 44. Based upon testinlony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the OwnerlDeveloper, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 45. That no building permits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. 46. The Parks Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACHD. 47. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 48. That the Developer shall extend Venable Lane north from Ustick Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Ustick to the north, and which will line up with the existing Venable Lane property. DEVELOPMENT AGREEMENT (AZ-OO-019) - 12 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and"Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply 'With Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement vvithin two years of the date this Agreement is effective, and after the "City" has complied 'With the notice and hearing procedures as outlined in I. C. S6 7 -6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the follo'Wing conditions precedent to-'Wit.: 8.1 That the "City" provide written notice of any failure to comply 'With this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure 'Within six (6) months of such notice. 9. INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and"Developer", "Owners" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply 'With all of the terms and conditions included in this Agreement in connection 'With the "Property", this Agreement may be DEVELOPMENT AGREEMENT (AZ-OO-019) - 13 modified or terminated by the "City" upon compliance with the requirenlents of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court. of competent jurisdiction by either "City" or "Owners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty DEVELOPNIENT AGREENIENT (AZ-OO-019) - 14 (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allovved to cure such failure may- be extended for such period as may be necessary to complete the curing of the same vvith diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code SI2-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property". shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-OO-019) - 15 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the Unite.d States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWN ER/D EVE LO PER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Howell-Murdoch Development Corporation 4822 N. Rosepoint Way, Suite C Boise, Idaho 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOP:rvIENT AGREE:rvIENT (AZ-OO-019) - 16 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City'''s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent ovvner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor ovvner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon "Written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Ovvners'J and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to "Writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or DEVELOPMENT AGREEMENT (AZ-OO-019) - 17 amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPNfENT AGREENfENT (AZ-OO-019) - 18 ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPMENT: HOWELL-MURDOCH DEVELOPMENT CORPORATION, DEVELOPER B~HO~~T CITY OF MERIDIAN Attest.. \\ \ \ \" IIHI, II J II \\\ c: u.~"'. III ,,\\ -{ Or- .~"'~ 11/1 ~ ,,~~ '"'YA'/,A ~//-,,/ .... U. o~ "Y ~ ~ '...G ~. ~ dldk-;~j<y~~ r1 { ~o \ CITY CLERK ~""~l' r \."':~ .... 2 ~ "10 ~r 1S~ · .f? ~ ~/,.,. 'At ^ ~ ,,~ 1'.1/ COU" rrV W \" //1 f'l1 ,. \\' III \\\ 1II,'1:i1 H\\\\\ DEVELOPMENT AGREEMENT (AZ-OO-019) - 19 STATE OF IDAHO) :ss COUNTY OF ADA) On this {; ~ day of fi14.-Y , in the year 2002, before me, 1--.(", tr, y 'j), [<l J'l,~L, a Notary Public, personally appeared I(evin Howell, known or identified to me to be the President of Howell-Murdoch Development Corporation, who executed the instrument on behalf of said corporation and acknowledged to me that he executed the same on behalf of said corporation. ......~ ,....~'i. D. 1l'IJt~##~ ~.. ~~ .......... ~~ .,. ~ ~ .. '. ~ ". ... 1: iN"'-.. · ... ~ (S~J! ~oTA~r \ \ : * : ....~ . * : . . . :: (" : : '; ...r u n"( .\....) a. : .. -'. fir \ cP. ... j. ..0 $ , :;0"1""'-.""<' ,-<.l ~#,." 11 OF t.y ~",.. '."..n....'. STATE OF IDAHO ) :ss ~'~ /J-tU{ . Nbt ry Pd'blic for Idaho Residing at: lb,<;;. I AO if (') Commission expii'es: z//g/tfcl ~ County of Ada ) On this 4+h day of r:!turu... , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerl<, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... ..... 9-:~L~~.. .~OT~;>~~. II ~ I Y .,..... '\:~. . I \ . · / 1 · : ~ L' : . \ . -. \, ~~~~~.- . c..P '....~_ u~~,' . ..~;.;:..._-~ .+ ..~..tS"OF ~.. ........ $hMmhu'1fv Notary Public for Idaho Commission expires: CJ4 - 2g-0'5 DEVELOPMENT AGREEMENT (AZ-OO-019) - 20 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the SE 1/4, Section 36, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a found 1/2" iron pin marl<ing the Southwest corner of said SE 1/4, Section 36 (South 1/4 corner), THE REAL POINT OF BEGINNING; thence South 89019'43" East 462.63 feet (formerly South 89020'51" East), along the Southerly line of said SE 1/4, Section 36, and along the center line of Ustic]( Road, to a set 5/8" iron pin and cap marldng the most Southwesterly corner of those lands excepted from Parcell, as it is described in Quitclaim Deed Instrument No. 99123670, Records of Ada County, Idaho, from which corner a found 3-1/4" Ada County Engineer Aluminum Cap, monumenting the Southeast corner of said Section 36 bears South 89019'43" East, 2,199.57 feet, as shown on that certain Record of Survey No. 4958, recorded April 21, 2000, as Instrument No. 100030102, Records of Ada County, Idaho; thence leaving said Southerly line and said center line North 00028'24" East, 258.01 feet along the Southerly extension of a an existing North-South fence line, to a slight angle point in said fence line; thence North 01018'10" East, 105.78 feet along said fence line; thence North 01059' 18" East, 79.41 feet to an angle point in said fence; thence South 88035'37" East, 4.11 feet along an East-West fence line to a found 5/8 inch iron pin and cap PLS 8248, being an angle point in the Westerly boundary of said excepted lands from Parcel 1 of Instrument No. 99123670; DEVELOPMENT AGREEMENT (AZ-OQ-019) - 21 thence continuing South 88035'37" East, 129.61 feet along a jog in said Westerly boundary of those excepted lands, to a found 1/2" iron pin; thence North 01025'10" East, 886.69 feet (formerly North 01024'08" East, 886.62 feet), along said Westerly line of those excepted lands, to a set 5/8" iron pin and cap, marking the Northwest corner of said excepted lands, being a point on the Southerly line of the N Ih, SE 1/4, Section 36, from which point a found 1/2" iron pin marlcing the SE 1/16 corner of said Section 36, bears South 89014'39" East, 52.99 feet (formerly South 89015'45" East); thence South 89014'39" East, 1,596.37 feet (formerly South 89015'45" East, 1,596.29 feet), along said Southerly line, to a found 5/8" iron pin marldng the Northeast corner of a parcel of land, as it is described in Boo]( 181 of Deeds at page 67, Records of Ada County, Idaho; , thence South 00051 '23 " West, 200.59 feet (formerly South 00050'16" West), to a found 5/8" iron pin marldng the Southeast corner of said parcel of land Bool( 181, page 67; thence South 89010'45" East, 435.10 feet (formerly South 89012'23" East, 435.18 feet), to a found 5/8" iron pin marld.ng a point on the Westerly right-of-way of Meridian Road; thence continuing South 89010'45" East, 25.00 feet to a point on the Easterly line of said SEI/4, Section 36, also being the centerline of Meridian Road; thence North 00051'23" East, 1,526.16 feet (formerly North 00050'16" East) along said Easterly line and said centerline, to a found 5/8" iron pin and cap marldng the NE corner of said SE 1/4, Section 36 (East 1/4 corner); thence North 89009'38" West, 25.00 feet (formerly North 89010'42" West) along the Northerly line of said SE 1/4, Section 36 DEVELOPMENT AGREEMENT (AZ-OO-019) - 22 to a set 5/8" iron pin and cap on said Westerly right-af-way of Meridian Road; thence continuing North 89009'38" West, 2,655.40 feet along said Northerly line, to the Northwest corner of said SE 1/4, Section 36 (Center 1/4 corner), from which corner a set 5/8" iron pin and cap (a witness comer), bears South 00027'49" West, 15.00 feet; thence South 00027'49" West, 2,657.96 feet (formerly South 00026'40" West), along the Westerly line of said SE 1/4, Section 36 to the REAL POINT OF BEGINNING; Containing an area of 100.71 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OO-019) - 23 ( EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian\Meridian 15360M\Cedar SPgs (2002) AZOO-019 PPOO-OI8\DevelopA{!I".doc DEVELOPMENT AGREEMENT (AZ-OO-019) - 24 BEFORE THE MERIDIAN CITY COUNCIL CJC 02-19-02 IN THE NlATTER OF THE ) APPLICATION OF lCEVIN ) HOWELL DEVELOPMENT, ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 100.71 ACRES FOR THE ) REVISED CEDAR SPRlNGS ) SUBDMSION, LOCATED ) NORTHWEST OF N. ) MERlDIAN ROAD AND WEST ) USTICI( ROAD, MERlDIAN, ) IDAHO ) Case No. AZ-OO-O I 9 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 pllblic hearing on December 4, 2001, and continued llntil February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Works Director, Tom Kuntz, Parks and Recreation Director, and Gary Lee vvith J-U-B Engineers, Inc., and Joe Siminich, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore mal<.es the follovving Findings of Fact and Conclusions of Lavv, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 1 9) FINDINGS OF FACT I. There has been .compliance "vith all notice and hearing requirenlents set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The City Council tal<es judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property \vhich is the subject to the application for annexation and zoning is described in the application, and is approximately 100.71 acres in size, is located northvvest of N. Meridian Road and West Ustick Road, all vvithin the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The ovvner of record of the subject property is the Leslie Family Trust and Moore Family Trust of Eagle, Idaho; and the applicant is I(evin Howell Development of Boise, Idaho. 4. The property is presently zoned by Ada County as RUT. 5. The Applicant requests the property be zoned as R-4, "vith the intent to develop 2 64 building lots and 31 other lots for a residential Sllbdivision, vvhich is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GR.AJ.'JTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O I 9) designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, east and \vest by Ada COtlnty RUT zOI1ing, and to the south by agricultural land for the proposed City" Parl<, zoned Lin1ited Office. 8. There are no significant or scenic featllres of n1ajor importance that affect the consideration of this application. 9. 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 ,viII 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, originally provided in their Memorandum dated February 15,2001, as follovvs: 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. A condition of the AnnexationJDevelopment Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement "vas adopted as part of the ne"v Landscape Ordinance. But since the subject applications \vere submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. Ho\vever, if deemed to be i~ its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 1 9) ( ( 3. The open space shall be exclusive of all street rights-of-yvay and street buffers, except for right-of-\vay specifically dedicated for landscaping vvithin a subdivision. Stormvvater detention facilities must be designed in accordance "vith Section 11.2 of the Landscape Ordinance in order to CGLInt tovvard the open space requiren1ent. Open space n1ay be activ'e or passive in its i11tended use, and mLlst be accessible by all residents of the subdivision. Comn1on open space shall be sLlitably in1proved for its intended use. At a n1ininlunl, conlnlon ope11 space lots shall inclllde one (I) decidllous shade tree per eight thOtlSand (8,000) sqllare feet and la\vn, either seed or sod. 4. There is 5.16% useable open space, and the stormvvater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Usticl<. Road, and the 25-foot Settlers Irrigation common lots along the north property line. 5. Due to the single-family uses abutting the east boundary of Lot 34, Block I (proposed as future office use), a minimum 20-foot planting strip, in accordance yvith City Ordinance 12-4-7.A., is required along the west property line of this lot and shall be a condition attached to this property in the Development Agreement. 6. A detached sidevvalk vvith a minimum 5-foot-\vide planter strip between the curb and sidevvall< shall be required along the Meridian Road frontage. 7. A condition in the Development Agreenlent shall be that no subdivision infrastructure improvements can begin until the White Drain Sewer Trunl<.'s easements are finalized by the City and the trunl<. construction schedule is finalized with the civil contractor that is awarded the bid. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans .shall be approved by the appropriate irrigation/drainage district, or lateral users association, with vvritten confirmation of said approval sl.lbmitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LA. W - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXf\TION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 19) ( ( 9. Any existing domestic wells and/or septic systems within this project shall have to be renloved froill their domestic service per City OrdiI1ance Section 9..1-4 and 9-4-8 . Wells may be used for non-don1estic purposes such as landscape irrigatio11. 10. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Sections 1I-I3-4.C. and 12-5-2.M. II. Tvvo-hllndred-fifty- and 100-\vatt, high-pressllre sodiuil1 streetlights "viII be required at locations desigI1ated by the Public W or1<.5 Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 12. 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 in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 13. Off-street parking shall be provided in the proposed future commercial lots in accordance vvith the City of Meridian Ordinance 11-13 for llse of property. 14. All signage shall be in accordance vvith the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 15. Provide five-foot-'Wide sidevvall<.S in accordance 'With City Ordinance Section 12..5-2.1(. 16. All construction shall conform to the requirements of the Americans vvith Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 1 9) ( Adopt the ACHD Reco111n1e11dations as follo'Yvs: 17. Dedicate 48-feet of right-of-\vay from the centerline of Meridian Road abutting the parcel by ll1eans of recordation of a final subdivision plat or execlltion of a \varranty deed prior to issuance of a bllilding permit (or other required pern1its), \vhichever occurs first. .Allo\v up to 30 bllsiness days to process the right-of-\vay dedication after receipt of all requested material. The Q\vner \vill be compensated for all right-of-yvay dedicated as an addition to existing right-of-vvay fron1 available impact fee revenues in tl1is benefit ZOI1e, if the o\vner sublnits a letter of application to the impact fee adn1inistrator prior to breal<.ing ground, in accordance vYith Section 15 of ACHD Ordinance #193. 18. Dedicate 48-feet of right-of-'Yvay from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or e..xecution of a \varranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. .Allo~v up to 30 business days to process the right-of-way dedication after receipt of all requested material. The O\'VI1er 'Will be compensated for all right-of-way dedicated as an addition to existing right-of-yvay from available impact fee revenues in this benefit zone, if the ovvner submits a letter of application to the impact fee adll1inistrator prior to brealdng ground, in accordance vvith Section 15 of ACHD Ordinance #193. 19. Any existing or proposed irrigation facilities on Ustick Road and Meridian Road should be located outside of the neyv right-of-vvay. 20. Construct two l11ain entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadvvay entrances shall be designed vvith minimum 2 I-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet vvide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane 'With a median, within 64-feet of right-oE-way. 21. Constnlct center turn lanes on Meridian Road for the main entrance intersections. The tllm lanes should be constructed to provide a minimum of 100-feet of storage yvith shadovv tapers for both the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CED.AR SPRINGS (AZ-OO-O 19) {' approach and departure directions. CoordiI1ate the design of the tur11 lanes "vith District staff. 22. Construct a 5-foot "vide concrete sidevvalk on Meridian Road abutting the entire parcel, located 2-feet vvithin the ne\v right-of-\vay. Coordinate the location and elevation of the sidevvalk "vith District staff. 23. Construct one l11ain entrance on Usticl<. Road located at the \vest property line, as proposed. The proposed entrance is located in conformance \vith District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of additional pavement vvithin 42-feet of right-of-vvay. The applicant is not proposing to construct a median at this entrance. 24. Construct a center turn lane on Ustick Road for the main entrance intersection. The turn lane shall be constructed to pro'Vide a minimum of lOO-feet of storage vvith shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 25. Construct a 5-foot vvide concrete sidewalk on Usticl<. Road abutting the entire parcel, located 2-feet vvithin the ne'Vv right-of-vvay. Coordinate the location and elevation of the sidevvall<. vvith District staff. 26. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street vvith no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that ~his street segment be constructed as a 36-foot street section with curb, gutter and 5-foot vvide concrete sidewalks vvithin 50-feet of right-of-vvay. Parking shall be prohibited on this street segment. Coordinate the signage plan vvith District staff. The access restrictions for this street segment should be stated on the final plat. 27. Construct the segment of Ashby Street fro~ Meridian Road to Alexis Avenue as a residential collector street "vith no front-on housing, because the anticipated traffic volun1es exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section vvith curb, gutter and 5-foot vvide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) ( side'\vall<s vvithin 50-feet of right-of-vvay. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavel11ent 'Yvithin 42 feet of right-of-\vay. Parl<.ing shall be prohibited on this street segn1ent. Coordinate the signage plan ,vith District staff. The access restrictions for this street segn1ent shall be stated on the final plat. 28. Construct three stub streets to the north, as proposed. The applicant should not be reqt.lired to provide paved ten1porary turnarounds at the end of the stub streets because the stubs are less than ISO-feet in length. The applicant should be required to install signs at the termini of the road-vvay stating that, "THIS R01\D WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets vvith District staff. The proposed stub streets are located: · Between Lot 1, Block 15 and Lot II, Block 18 · Betvveen Lot 11, Block 15 and Lot 1, Block 13 · Between Lot 8, Block 13 and Lot 2, Block 10 29. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stllb street vvith District staff. 30. Construct Ashby Street fron1 Meridian Road extending 1,400 feet \vest to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section vvithin 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than ISO-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street stating that, "THIS R01\D WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street vvith District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 1 9) . ( ( 31. Construct Venable Lane as a locaVcoffilnercial street. The applicant shall constnlct Venable Lal1e froITI Ustick Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, \vith curb, gutter and 5-foot ,vide concrete side\vaIl< \vitl1in 42-feet of right-of-'Yvay. To the north of the school site Venable Lane shall be constrtlcted as a 36-foot street section. 32. Any proposed landscape islands/medians vvithin the public right-of-\vay dedicated by this plat shall be o\vned and I11aintained by a hon1eovVl1ers association. N D.tes of this should be required on the final plat. 33. The applicant should be required to construct all public roads -vvithin the subdivision as 36-foot stre~t sections "vith curb, gutter, and 5-foot vvide concrete sidevvalks vvithin 50-feet of right-of-way. 34. The public streets vvithin the subdivision shall be located to align or offset a minimum of I 25-feet (centerline to centerline). It appears that the street layout is in conformance "vith District policy. 35. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 36. Provide a $30,000 deposit to the Pu~lic Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to . Usticl< Road and Meridian Road is prohibited. Lot access restrictions, as required vvith this application, shall be stated on the final plat. 38. Comply with the Standard Reqllirements (9) listed in ACHD's Planning and Developn1ent Division Development Application Report dated December 12,2001. Adopt the Recommendations of the Meridian Fire ,Department as follovvs: 39. That a fire-Bovv of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' pan. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXA.TION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 1 9) 40. Operational fire hydrants and temporary or pem1anent street signs are required before conlbllstible construction begins. 41. Acceptance of the "vater supply for fire protection is contingent upon acceptance of t11e \vater systen1 by the Meridian vVater for \vater quali ty. 42. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 45. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the OvvnerlDeveloper, as a condition of annexation and zoning, shall participate in the negotiations with Ada COltnty High\vay District, and shall become a party to any eventual agreements worl<.ed out by the Developer/ACHD Group. Therefore, as a condition of a11nexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 46. That no building permits shall be issued until the sevver is constructed and connected to the Wastewater Treatment Plant. 47. The Parks Department agrees to pay for four feet of the road on the northern boundary which abuts the City parl<, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) 48. Applicant shall be responsible to construct seyver n1ains to and t11rollg11 the proposed developnlent \vhich shall include stubbing to the SOUtl1 boundary of the developn1ent. Sevver manholes are to be provided to keep the sevver lines on the south and vvest sides of the centerline. 49. That the Developer shall extend Venable Lane north froill Ustick Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector "vide street from Ustick to the north, and \vhich "viII line up "vith the existil1g Venable Lane property. 10. It is found that if the developer pays for the requested improvements and complies \vith the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic ,velfare of the City and its residents and ta.:x and rate payers \vill 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 developlnent is designed, cons.tructed, operated and maintained in a manner vvhich is harmonious and appropriate in appearance "vith the existing, or intended character of the general vicinity, in order to assure that the proposed use vvill not change the essential character of the affected vicinity and ,viII insure that the proposed uses "viII not be hazardous or disturbing to the existing, or future neighboring tlSes, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smol(e, fume~, glare and odors. But, additional landscaping buffers and design feattlres vvill be required to mal<e the proposed use more harmonious vvith the general vicinity and to complY'Yvith City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING;REVISED CEDAR SPRINGS (AZ-OO-O I 9) Ordinances. 12. It is found that the zoning of the subject real property as Low Density Residential District (R-4) reqllires connection to the Mll11icipaI Water and Se"ver systems and "viII be compatible "vith the Applicant's development intentions, and "viII assure that the zoning is consistent \vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 13. The subject anne.."Xation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City. 14. The property can be physically serviced with City vvater and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon vvritten 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 S 11-16 provides the City may annex real property that is vvithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may tal(e judicial notice of government ordinances, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) policies, and of actual conditions existing "vithin the City and State. 3. The City of Meridian has e.,"Xercised its authority and responsibility as provided by IILocal Land Use Planning Act of 1975", codifIed at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted Deceluber 21, 1993, Ord. No. 629, Janllary 4, 1994. 4. The follo,ving are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4A Goals 1 through 10, inclusive. 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 Density Residential District: Only single-family d\vellings 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 lo'Yv density single-family d'Yvellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord 'Yvith 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 allo'Yvs for a ma..,'Xirnum 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 Citvof Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply vvith the Ordinances of the City of Meridian including, but not limited to: Section 12~2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 19) 4 \vhich penains to developI11ent tiI11e schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systenls, and Zoning and Sltbdivision and Developnlent Ordinance of the City of Meridian. 9. Pt.lrsuant 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 IA W, the City Council does hereby Order and this does Order: 1. The applicantJs request for annexation, and zoning of approximately 100.71 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 100.71 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) (" e\'ent the conditions herein are not nlet by tl1e Developer that the property shall be subject to de-annexation, \vith the City of Meridian, vvhich provides for the folloyving conditions of development, to-\vit: Adopt the Recomn1endatiol1S of the Planning and Zoning and Engineering staff, originally provided in their MemorandulTI dated February 15, 200 I, as follo\vs: 1. Applicant shall be required to enter into a Development Agreement \vith the City as a condition of ann~xation. 2. A condition of the Annexation/Development Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space vvithin the legal description boundaries. This requirement was adopted as part of the ne,v Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. 3. The open space shall be exclusive of all street rights-of-vvay and street btlffers, except for right-of-way specifically dedicated for landscaping vvithin a subdivision. Stonn,vater detention facilities n1ust be designed in accordance vvith Section 11.2 of the Landscape Ordinance in order to count to\-vard the open space requirement. Open space may be active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (I) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 4. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Usticl( Road, and the 25-foot Settlers Irrigation comn1on lots along the north property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 19) 5. Due to the single-fan1ily uses abutting the east boundary of Lot 34, Blocl( 1 (proposed as future office use), a minimum 20-foot.planting strip, in accordance \-\lith City Ordinance 12-4-7.A., is required along the "vest propeny line of this lot and shall be a condition attached to this property in the Developlnent Agreen1ent. 6. A detached sidevvall( "vith a n1inimurn 5-foot-\vide planter strip bet\veen the curb and side\vall( shall be required along the Meridian Road frontage. 7. A condition in the Development Agreement shall be that no subdivision infrastructure improvements can begin until the White Drain Sevver Trunk's easements are finalized by the City and the trunk construction schedule is finalized "vith the civil contractor that is avvarded the bid. 8. AIl irrigation ditches, laterals or canals, exclusive of natural vvatenvays, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, yvith \vritten confirn1ation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic ptlrposes such as landscape irrigation. 10. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance vvith City Ordinance Sections 11-13-4.C. and 12-5-2.M. II. Two-hundred-fifty- and 100-vvatt, high-pressure soditlID streetlights \vill be required at locations designated by the Public Works Department. AIl streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or .fire hydrants. 12. A drainage plan d.esigned by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FORA~NEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) ( (Ord. 557, 10-1-91) for all off-street parl<ing areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 13. Off-street parking shall be provided in the proposed future con1mercial lots in accordance vvith the City of Meridian Ordinance 11-13 for use of property. 14: All signage s11all be in accordance vvith the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 15. Provide five-foot-wide sidewalks in accordance vvith City Ordinance Section 12-5-2.1(. 16. All construction shall conform to the requirements of the Americans vvith Disabilities Act. Adopt the ACHD Recommendations as follows: 17. Dedicate 48-feet of right-of-vvay from the centerline of Meridian Road abutting the parcel by means of !ecordation of a final subdivision plat or execution of a 'Yvarranty deed prior to issuance of a building permit (or other required permits), vvhichever occurs first. Allow up to 30 business days to process the right-of-vvay dedication after receipt of all requested material. The ovvner vviII be compensated for all right-of-way dedicated as an addition to existing right-oE-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance vvith Section 15 ofACHD Ordinance #193. FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) 18. Dedicate 48-feet of right-of-vvay from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a \varranty deed prior to issuance of a building permit (or other required pern1its), vvhichever occurs first. Allo\v up to 30 btlSiness days to process the right-of-vvay dedication after receipt of all reqltested material. The o\vner "viII be compensated for all right-of-\vay dedicated as an addition to existing right-of-\vay from available in1pact fee revenues in this benefit zone, if the D\vner submits a letter of application to the impact fee adn1inistrator prior to breaking grot.lnd, in accordance with Section 15 ofACHD Ordinance #193. 19. Any e.,'Xisting or proposed irrigation facilities on Ustick Road and Meridian Road should be located outside of the new right-of-\vay. 20. Construct tvvo main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed \vith minimum 2 I-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a IOO-square foot area. The applicant is proposing to construct t"vo outbound lanes and one inbound lane vvith a median, vvithin 64-feet of right-of-vvay. 21. COllStruct center turn lanes on Meridian Road for the main entrance intersections. The tllffi lanes should be constnlcted to provide a minimum of 1 GO-feet of storage with shadovv tapers for both the approach and departure directions. Coordinate the design of the turn lanes vvith District staff. 22. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the ne\v right-of-vvay. Coordinate the location and elevation of the sidevvall( vvith District staff. 23. Construct one main entrance o~Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance \vith District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of FINDINGS OF FACT AND CONCLUSIONS OF lA.W - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 1 9) ( The applicant should be required to install signs at the tern1ini of the road\vay stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREII. Coordinate the sign plan for the stub streets "vith District staff. The proposed stub streets are located: · Betvveen Lot 1 J Blocl< 15 and Lot 11, Block 18 · Betvveen Lot 11, Block'lS and Lot I, Block 13 · Betvveen Lot 8, Block 13 and Lot 2, Block 10 29." Construct Ashton Lane from Meridian Road to "the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at t11e end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROm YVILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street YVith District staff. 30. Construct Ashby Street from Meridian Road extending 1,400 feet west to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section vvithin 50-feet of right-of-vvay, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less th~n ISO-feet in length. The applicant shall be required to install a sign at t~e terminus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 31. Construct Venable Lane as a local/commercial street. The applicant shall construct Venable Lane from Ustick Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, YVith curb, gutter and 5-foot wide concrete sidevvall<. within 42-feet of right-oE-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 32. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeovvners association. Notes of this should be required on the final plat. 33. The applicant should be required to construct all public roads within FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CEDAR SPRINGS (AZ-OO-O 1 9) the subdivision as 36-foot street sections ,vith curb, gutter, and 5-foot "vide concrete side\vall<s ,vithin 50-feet of right-of-vvay. 34. The public streets vvithin the subdivision shall be located to align or offset a rninin1l1n1 of 12S-feet (centerline to centerline). It appears that the street layout is in conformance ,vith District policy. 35. The turnarOllnds s11all be constructed to provide a rninimun1 turning radius of 45-feet. 36. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 38. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12,2001. Adopt the Recommendations of the Meridi~n Fire Department as follovvs: 39. That a fire-flovv of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' part. 40. Operational fire hydrants and ten1porary or permanent street signs are required before combustible construction begins. 41. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 42. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING A.PPLlCATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O I 9) ( r 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply "vith the action of the City Council tal<.en at their February 19, 2002 meeting as follo\vs: 45. Based upon testimony, and the vvidely recognized need for infrastructure il11provements in the North lYferidian Planning area sooner, rather than later, especially as it respects large developments, the OvvnerlDeveloper, as a condition of annexation and zoning, shall participate in the negotiations vvith Ada County Highvvay District, and shall become a party to any eventual agreements vvorked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 46. That no building permits shall be issued until the se'Yver is constructed and connected to the Wastevvater Treatment Plant. 47. The Parks Department agrees to pay 'for four feet of the road on the northern bOllndary 'Yvhich abllts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACHD. 48. Applicant shall be responsible to construct se'Vver mains to. and through the proposed development which shall include stubbing to the SOlIth boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 49. That the Developer shall extend Venable Lane north from Ustick Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector vvide street from Ustick to the north, and vvhich 'Vvillline up with the existing Venable Lane property. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 A"JD DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRlNGS (AZ-OO-O 19) ( ( the appropriate ordinance for the annexation and zoning designation of the real property vvhich 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 vvith the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property vvhich may be adversely affected by the issuance or denial of the annexation and zoning and \vho may vvithin tvventy-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 fi'A- day of IlLM;(/~ , 2002. ROLL CALL COUNCILMAN I<EITH BIRD VOTED ~cv FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-OO-O 19) ( COUNCILWOlvlAN TM1MY deWEERD VOTED -#-cL.- VOTED #<- VOTED -f/!::-tt- COUNCIL WOlv1AN CHERIE Me CANDLESS COUNCILl\1AN WILLIA1\I1 L.M. N.A.RY NIAYOR ROBERT D. CORRIE (TIE BREAI<ER) DATED: 3- b-C2-. VOTED ---- MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Warks Department and the City Attorney. _~!1~~4f~_~ ~~d~~~.~>. - ./~,~'~\ Dated: J /b-O 2-! ~ 'v \ ~ ~ \ .~~~T J ! ~ ~~~ ~ t -:t ;.':!: 17 . ~ ,,- ....r .:f/?J. .r .f,,,,,., f..i,;~ ~ -!1:f"_ \.V1'~ ., --l~, ,g ,jr ~. . "'Q~ ~~.. l:~ 'I 4 ~, ..::!;';"-' . .:": z: \ \V orkW'uvterid i:lI1 'Jvleridinn 15360 M\Cedar S p gs (2002) AZOO-O 19 PPOO-O 18\AZFfCI& o~~t"dbc;. J.~~__"r:"tA' ttJ.~r;',/j1f: ~~,;: .f~ ;"'f.~ t'. .- ~ · _.' J ...;.1... '. "..' .. . ~. '."J': .. ... ~~"!'. . -, ~~<l '. " .',", '1'Ct.~~.:- IJ.~~'\. ;,';"\~ B~dL:.~~ ~ City ClerI<. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIREVISED CED.A.R SPRINGS (AZ-OO-O 19) ( BEFORE THE MERIDIAN CITY COUNCIL C/C 05-21-02 IN THE MATTER OF THE ) APPLICATION OF BRIGHTON ) CORPORATION, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 76.16 ACRES ) FOR PROPOSED HERITAGE ) COMMONS, LOCATED ON THE ) WEST SIDE OF N. LOCUST ) GROVE ROAD BETWEEN E. ) MCMILLAN ROAD AND E. ) USTICK ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-02-006 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 May 21, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark Planner II for the Planning and Zoning Departlnent, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith - Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, 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 llearing requirements set forth in Idaho Code 9 67-6509 and 67-6511, and Meridian City Code S 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) 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 Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 76.16 acres in size, is located on the west side ofN. Locust Grove Road between E. McMillan Road and E. Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Eugene Quenzer of Meridian, Idaho; and the applicant is Brighton Corporation of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of agricultural land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 273 residential building lots and 17 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 7. The subj ect property is bordered to the north, south and west by Ada County zoned properties, and to the east by Meridian Charter High School, zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the concerns of Mr. and Mrs. Young dated March 11, 2002, Jim Moyer dated AprilS, 2002, Leon Jolmson dated April 9, 2002, and an undated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) ( letter from Michael and Beverly Donahue. 10. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required as part of this annexation request. 3. The City Council further recognize the clarification of the applicant in respect to Staffs comment H.on page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must 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 the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a IOO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. 3. Construct a 5-foot wide detached concrete sidewalk on Locust Grove 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) ( 4. Construct the following roadways as 29- foot street section with curb, gutter and a separated .4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, glItter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) ( a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately I,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e. . North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. NortIl Legacy Common Avenue is proposed to stub to the north property line approximately 420- feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 9 . Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right- of- way, as proposed. a. The first proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods. Avenue. b. The second proposed alley is proposed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Cormnon Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. 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. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) ( 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements listed in their report dated May 10, 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 at approved locations. 2. Operational fITe hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 8. The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 11. 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. 10, and all sub-parts, the FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 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. It is found that the proposed uses will create additional traffic, especially on Locust Grove ~d Ustick Roads. However, staff does not believe that the increase in traffic will be excessive. Staff does not anticipate 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. 13. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. Will the area 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 two proposed approaches on Locust Grove Road should not appreciably interfere with traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) ( on the surrounding streets. The north approach, E. Heron's Crossing drive, is an existing private road and the develper must not interfere with this ingress/egress easement that serves the existing property owners to the north. Should the new roadway be designed and constructed in such a way as to protect these owners, the future roadway should actually improve the accessibility and traffic flow on E. Heron's Crossing since it will be a wider street and be paved 15. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic Development: 1.1,1.3,1.5, 3.1U, 3.2U Land Use: I.IOU, 2.1U, 2.4U, 4.3U, 5.9, 5.12, 5.13 Community Desi~n: 1.3,1.4, 2.IU, 2.3U, 6.2U 6.11U Transportation Chapter: 1.19U,I.18 16. The property can be physically serviced with City water, but sewer service is dependent upon the extension of the White Drain Trunk, which is slated for construction this year. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Grd. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals Section: Goal 3, Goal 4, Goal 8, Goal 9 Economic Development: 1.1,1.3,1.5, 3.1U, 3.2U Land Use: 1.10U, 2.1U, 2.4U, 4.3U, 5.9,5.12,5.13 Community Desi~n: 1.3, 1.4, 2.1 U, 2.3U, 6.2U 6.11 U Transportation Chapter: 1.19U,1.18 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at 9 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose oftheR-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 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 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 76.16 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of76.16 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required as part of this annexation request. 3. The City Council further recognize the clarification of the applicant in respect to Staffs comment H.on page 5 of their April 16 Memorandum as follows: There will be some disruption during construction, but applicant shall work with the neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and applicant shall retain the right to use and improve it. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way fro In the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must 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 the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 58G-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa IOO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) 3. Construct a 5-foot wide detaclled concrete sidewalk on Locust Grove 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. 4. Construct the following roadways as 29- foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. . Construct the following roadways as 33-foot street sections within 50-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. 7. Construct six stub streets, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately I,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850- feet north of the south property line. e. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130- feet east of the west property line. f. North Legacy Common Avenue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one- half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. 10. Construct five alleys within the proposed project within a minimum of 16-feet of right- of- way, as proposed. a. The fITst proposed alley is proposed to connect North Heritage Corrnnon Avenue with North Heritage Woods Avenue. b. The second proposed alley is proposed to COlll1ect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. 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. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements listed in their report dated May 10, 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 at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 8. The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7,8, 11, 12 be signed on each end stating "Fire Lane No Parking". 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) ( ( subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1ul 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 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (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 J~ ---fA 4 - day of , 2002. ROLL CALL COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED $A...- COUNCILMAN KEITH BIRD COUNCILWOMAN CHERIE Mc CANDLESS VOTED $tL- COUNCILMAN WILLIAM L.M. NARY VOTED-$~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006) ( DATED: ~-f-~1- MOTION: APPROVED: ~ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works PW\~l\tiIml#J1.} and . ,-,-,\\ II; the CIty Attorney. ,','\'..... OF ME!?/;IIII/ -,' ~ "" V/ /.... $" c} ~PO,C:) .. ~A - ~-' ~ ~0o' Vi rL<-. .. Y "'/ 2 ~ ~o ~ - - - - ~ SEAL ~ Bydl~~4~ amted: City Clerk f 6 --1-0 ?- Yc:: &> ~ ..r:: Q/. -'.~ ~ Z:\Work\M\Meridian\Meridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007\AZFfCl&Order.;115 ""0 V8r lS1".' .:f?.; ~/~ ~"V ~/,.It' 0o.~ r\ r.-:-'f ~, "", /1::"" '~ .,~' ..,.,'1....\\\'\' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/HERITAGE COMMONS (AZ-02-006 ) ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR HERITAGE COMMONS, LOCATED WEST OF NORTH LOCUST GROVE BETWEEN EAST MCMILLAN ROAD AND EAST USTICK ROAD, MERIDIAN, IDAHO BY: BRIGHTON CORPORATION, APPLICANT C/C OS/21/02 Revised 6/5/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-007 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 May 21, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith- Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, appeared and testified, and the City Council having received a report from Brad Hawkins-Clark and Steve Siddoway, Planners 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 FEBRUARY 2002, HERTIAGE COMMONS, LOCATED IN THE E 12 OF SECTION 31, T.4N., R. IE., B.M., ADA COUNTY, JOB NO. 01- 045-01, SHEET NO.1, J:\ BRIGHTON _ LOCUST_ GROVE_OI04501 \ DRA WINGS\BRIGHTON_ LOCUST_GROVE _PREPLAT.dwg 03/04/02, Engineering FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 1 ( ( NorthWest, LLC,", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. 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 Medium Density Residential District (R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance NOa 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 Plamling 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (pP-02-007) 2 ( concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FEBRUARY 2002, HERTIAGE COMMONS, LOCATED IN THE E Y2 OF SECTION 31, T.4N., R. IE., B.M., ADA COUNTY, JOB NO. 01-045-01, SHEET NO.1, J:\ BRIGHTON_ LOCD8T_ GROVE_OI04501 \ DRA WINGS\BRIGHTON_ LOCUST_ GROVE_PREPLAT.dwg 03/04/02, Engineering NorthWest, LLC". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FEBRUARY 2002, HERTIAGE COMMONS, LOCATED IN THE E 1/2 OF SECTION 31, T.4N., R. IE., B.M., ADA COUNTY, JOB NO. 01-045-01, SHEET NO.1, J:\ BRIGHTON _ LOCUST_GROVE_OI04501\ DI0-WINGS\BRIGHTON_ LOCUST_GROVE_PREPLAT.dwg 03/04/02, Engineering NorthWest, LLC", 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (pP-02-007) 3 ( follows: 1. Sanitary sewer service to this site shall be via the new White Drain Tnmk, scheduled for construction this summer. 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. The applicant has dedicated a 20- foot wide sanitary sewer easement to the City of Meridian along the northerly boundary; however with this development the applicant proposes re-routing the sewer through public right-of-ways. The Public Works Department supports this proposal and is working with the applicant's representatives on the design for the sewer tnmk. A new easement will be required prior to final plat approval, and the existing easement will need to be vacated. 3. Domestic water service to this site shall be via new main extensions from the existing mains adjacent to the property in Locust Grove Road (not shown on plat map.) Applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. Applicant to provide a 20- foot wide easement, centered on the water main shown north of the subdivision boundary in E. Herons Crossing Drive. The main shall be located in the standard location for the design roadway section. Applicant shall be required to install a connecting water main in E. Heritage Street between S. Locust Grove and N. Heritage Commons Avenue. Applicant shall work with the Public Works staff concerning the placement of the water line easement placement. 5. The Applicant shall show on the Plat, and provide, on the south side ofE. Heritage Street, a driveway access from E. Heritage Street to the Donahue parcel adjoining the development. The driveway access shall be for a private residential driveway only for the current residence located on the Donahue parceL This condition shall involve the elimination of at least two (2) of the proposed shade trees on the conceptual landscape plan to accommodate the new access drive. 6. Lot 4, Block 18 is a common driveway lot to serve Lots 2, 3, 5, 6 and 7 of the same block. The Planned Development Ordinance (12-6-2.A.6.c.) requires such private streets to be a minimum of 24 feet wide with five-foot sidewalks located on both sides within an easement. The Applicant has agreed to construct a 24-foot common driveway, but is not required to construct the sidewalks on either side of the common driveway. 7. Lots 1 and 10, Block 4 shall be restricted from having garage entrance directly onto FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 4 ( E. Herons Crossing Drive and shall take access from Heritage Commons and Heritage Woods, respectively. 8. There is an existing, 1,300 foot long, 20-foot wide ingress-egress easement adjacent to the north boundary which provides Locust Grove Road access for the two Crestwood Subdivision lots and the unplatted parcel. The easement appears to lie entirely within the Heritage Commons boundary. The Applicant shall submit evidence that the easement of record permits the Applicant to dedicate a public road over the top of said easement without vacating the easement and without obtaining consent of the beneficiaries of the easement. 9. A temporary vehicle turnaround shall be added to the north stub of N. Legacy Woods Ave. 10. Fencing details shall be submitted with each Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over four feet in height if constructed of a solid material. A perimeter fencing plan shall be submitted to the Planning Director for future implementation. 11. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 12. Four (4) alley-loaded lots within the subdivision are shown with 32-foot wide frontages. At least 10 days prior to the next public hearing, Applicant shall submit to the P&Z Department a conceptual plot plan and floor plan of a 32-foot wide lot demonstrating how a 22-foot wide dwelling unit will be accommodated on the lot. 13. The required landscaping and irrigation system on Locust Grove Road shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 14. No phasing lines were shown on the preliminary plat. If phasing is plalUled, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 15. The phasing schedule shall apply to the residential portions of the subdivision only. If the applicant/developer determines that the office/commercial property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in a non-sequential manner without revising the preliminary plat. All development, however, must be contiguous to a previously approved phase. 16. The public record should show that item #3 on page 1 of the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 5 application incorrectly shows 12 "other lots" within the subdivision. ,The number should be 17 lots. The Applicant should also confirm that item #7 .1.A on page 1 of the Pre Plat application, which states that there are "no minimum required size requirements for dwellings," is incorrect and should be I, 1 01 sq. ft. 17. Please revise the preliminary plat map to show all easements of record (ditches and drainage ways). Show how the existing ditches are being continued, and all new easements needed for relocations. Provide all the above details on revised preliminary plat maps prior to the City Council hearing. Lots shall be configured to the edge of easement lines unless an encroachment agreement is granted. If the latter is the case, create a common area lot covering the balance of the easement width. 18. The preliminary plat map fails to show the how street drainage is being handled. Please revise the plat to show set-aside areas for drainage retention/detention. 19. Underground pressurized irrigation must 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 N amp a & 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 must be submitted prior to plan approval. 20. 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. 21. Staff recommends that any six-foot fences built in this subdivision be allowed to match the approved front and street-side building setbacks, instead of the standard fence setbacks required in 12-4-10 and 12-12-2. All other fence regulations will still apply. GENERAL COMMENTS (preliminary plat) 1. Please submit a copy of the Ada County Street Name Committee's [mal approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placenlent with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERIT AGE COMMONS / (PP-02-007) 6 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. At the subdivision entrances, historical lighting may be appropriated. A streetlight agreement will be required. 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 should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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 ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must 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 the main entrance, East Heritage Place, intersecting Locust Grove Road, located approximately 580-feet south of the north property line with 21-foot street sections on either side of the center medians, as proposed. The medians shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the medians. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 7 ( 3. Construct a S-foot wide detached concrete sidewalk on Locust Grove 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. 4. Construct the following roadways as 29- foot street section with curb, gutter and a separated 4-foot wide concrete sidewalk within SO-feet of right-of-way, as proposed. Parking shall be allowed on both sides of these roadways contingent upon review and approval from the appropriate Fire Department. a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive, b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive, c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive, d) North Heritage Green Way: All segments, e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive, f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing Drive to Legacy Common Avenue, g) North Legacy Common Avenue: All segments, h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue, i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue, j) North Legacy Woods Avenue. All segments. 5. Construct the following roadways as 33-foot street sections within SO-feet of right-of-way contingent upon review and approval from the appropriate Fire Department, as proposed. North Heritage Common Avenue Heritage Street to Legacy Crossing Drive, East Legacy Crossing Drive: All segments, East Tradition Street: All segments, North Heritage Woods Avenue: south of Legacy Crossing Drive. 6. Construct the following street sections as 36-foot street sections with curb, gutter and S-foot wide concrete sidewalks within SO-feet of right-of-way, as proposed. a) East Herons Crossing Drive: Heritage Crossing Way to the north property line, b) East Vestige Drive: All segments c) Ashton Street: Legacy Woods Avenue to the west property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (pP-02-007) 8 ( 7. Construct six stub streets, as proposed. a. North Heritage Woods Avenue is proposed to stub to the south property line approximately 390-feet west of the east property. b. North Heritage Green Way is proposed to stub to the south property line approximately 1,030-feet west of the east property line. c. East Traditions Street is proposed to stub to the west property line approximately 130-feet north of the south property line and stubbing to the west property line. d. East Ashton Street is proposed to stub to the west property line approximately 850-feet north of the south property line. e. North Legacy Woods Avenue is proposed to stub to the north property line approximately 130-feet east of the west property line. f. North Legacy Common Avenue is proposed to stub to the north property line approximately 420-feet east of the west property line. 8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the . stub street, and the design of the turnaround with District staff. 9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one-half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way, as proposed. _ 10. Construct five alleys within the proposed project within a minimum of 16-feet of right-of-way, as proposed. a. The frrst proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. b. The second proposed alley is proposed to connect North Heritage Woods Avenue with North Heritage Park Way. c. The third proposed alley is proposed to connect North Heritage Common Avenue with North Heritage Woods Avenue. d. The fourth and the fifth proposed alleys are proposed to connect North Heritage Woods Avenue and North Heritage Park Way. 11. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 9_ 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of-way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the public streets specifically approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with ACHD's Standard Requirements listed in their report dated May 10, 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 at approved locations. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Pinal approval for fire hydrant locations shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of28' inside and 48' outside for all internal roads. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. 8. "The Meridian Fire Department requests strict application of the Uniform Building Code for sideyard setbacks in Blocks 7, 8, II, 12 with no variances to limit the potential fire spread from building to building in those blocks. 9. The alleys in Blocks 7, 8, 11, 12 be signed on each end stating "Fire Lane No Parking". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 10 10. The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way shall be 20' with no parking. Adopt the Recommendations of the Central District He~lth 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 Recommendations of the Sanitary Service as follows: 1. Applicant needs to submit water enclosure plans. Additionally, comply with the City Council's action taken at their May 21,2002 meeting as follows: I. Applicant shall show on the Plat, and provide, on the south side of E. Heritage St., a driveway access from E. Heritage St. to the Donahue parcel adjoining the development. The driveway access shall be for a private residential driveway only for the current residence located on the Donahue parcel. By action of the City Council at its regular meeting held on the day of ~T~. , 2002. 4~ ROLLCALL COUNCILMAN BIRD VOTED +VL VOTED -*-'L COUNCILWOMAN de WEERD COUNCILWOMAN McCANDLESS VOTED---$-^" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 11 i I l COUNCILMAN NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) ~ Copy served upon Applicant, The Planning and Zoning Department, Public WO~~\\"~I)Mn'~"ir"r, d C. \,'\ ....1 Or cFiIf"\ III Department an lty Attorney. ...." ~"' - <../4 //// ~"() o~POFl~ ~ ~v ~ .2 ~c; ~ ~ Dated: ~- / t} -{(J ~ AL <:> ~ VOTED ------ By b~~ lty Clerk . Z:\Work\M\Meridian\Meridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007\FfClsOrdPP.doc -:. ~ 00 ,\0 0 j #~. 1'0 ~~ I 1 S\ · ,~~ ,':' ~/.:~~:,~, ~;-;~ \~~>/' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT HERITAGE COMMONS / (PP-02-007) 12 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/21/02 Revised 06/05/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PUD FOR ) SINGLE FAMILY RESIDENTIAL ) DWELLINGS, PRIVATE OPEN ) SPACE WITH CLUB HOUSE, ) GAZEBOS, PARKS AND ) NEIGHBORHOOD SCALED ) COMMERCIAL SITE FOR THE ) PROPOSED HERITAGE ) COMMONS IN AN R-8 ZONE ) LOCATED ON THE WEST SIDE OF ) N. LOCUST GROVE ROAD ) BETWEEN E. USTICK ROAD AND ) E. MCMILLAN ROAD, MERIDIAN, ) IDAHO ) ) ) BRIGHTON CORPORATION, ) ) APPLICANT ) ) Case No. CUP-02-007 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 May 21,2002 at the hour of6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike Wardle, Gary Smith- Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 (2) consecutive weeks prior to the said public hearing scheduled for May 21, 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 May 21, 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 967-6509, 6512, and Meridian City Code 9S 11-lS-5 and 11-17-S 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 g 11-17-4, a public hearing was required before the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 City Council on this application. 4. The property is located on the west side ofN. Locust Grove Road between E. Ustick Road and E. McMillan Road, Meridian, Idaho. 5. The owner of record of the subject property is Eugene Quenzer of Meridian, Idaho. 6. Applicant is Brighton Corporation of Boise, Idaho. 7. The subject property is currently zoned RUT Ada County. There is however an application for annexation and zoning to R-8 before the City Council. The zoning district ofR-8 is defmed 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 single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards for proposed Hertiage Commons. The R-8 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. IO. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the govennnental 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 follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned Development: Health Care Facilities - Clinic !Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail - Bank - Dining and other food / beverage related uses - Personal services - Retail store - Restaurant Service related to the neighborhood.. not identified above.. but determined by the Planning Director to be of an appropriate size and scale for this location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 ( The following uses will always require a CUP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location." 3. The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot I, Block 9. However, no plot plan of the lots was provided nor when the structures will be constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a e.G. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to final occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to final occupancy of any unit. In that case, improvements shall be made as weather permits. 4. As specified in paragraph 2 above, all office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 5. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude all required street buffers. 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. 8. A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Depm1ment prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. Sanitary sewer service and domestic water service may be requested for the proposed use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 ( Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. e. The trailer must not 1?e placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P&Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CUP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 9. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 11.The applicant shall supply staff with the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be ~ attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. 13. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary lise, it is found that the office/commercial uses are strongly related to the primary use of the development (R-8), assuming the future uses are as proposed in the application. The uses will provide services (medical, dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the subdivision, and it may provide employment opportunities as well. 14. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exceptions. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions, it is found that the office/commercial uses are approximately 5.1 % of the total area of land included in the planned development. It is also found that the size and intensity of the excepted uses is appropriate for this location and size of development, especially given the Charter High School across the street and meeting the needs of future students. 15. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses, it is found that until a phasing plan is submitted, this is unable to be determined. However, the developer has stated that the office/commercial construction will occur after the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 ( ( principal use, residential, is well underway. 16. The uses permitted by the exception are integrated into the overall project by: a. Being located in proximity to and within convenient walking distance of the primary uses: it is found that the office/commercial uses will be within convenient walking distance of the private park and the majority of the future residents. No resident will be more than Y2 mile from the uses permitted by the exception. b. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways, it is found that the site design incorporates interconnectivity through shared vehicular access points. c. Providing pedestrian and bicycle pathway connections with the primary use site, it is found that pedestrian and bicycle connections are available to the office/commerical area via sidewalks and short block lengths. The applicant could provide a path between Lots 12 and 14, Block 3 to better connect the two uses, but the 550 foot long block is not unreasonable, even without the pedestrian conneciton. d. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site, it is found that the excepted uses are located in a manner that will facilitate vehicular access from the residential uses. e. Continuing archjtecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development, it is found that the landscaping and proposed building elevatiol1S of the commercial complex, gazebo and community center are consistent throughout the development. However, the commercial building elevation (which staff supports) does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 not appear to match the conceptual site plan for the commercial area (which staff does not support). Applicant should clarify the discrepancy. 17. The use(s) permitted by the exception are neighborhood or community serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character, it is found that the office/commercial use is not regional in size or character. 18. It is found that the subject property is large enough to accommodate the requested use and all other required features. 19. The current Comprenhensive Plan Land Use Map designates the property as Single Family Residential. The proposed mix of residential, commercial and office uses are hannonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. 20. It is found that there is a potential for the proposed E. Herons Crossing Drive to conflict with the three (3) existing property owners to the north. The water main shown on the neighboring property will need to be relocated in order to comply with this finding. Construction of the street and houses along the north boundary will need to take caution to contain debris and mitigate any fugitive dust. Additionally, it could be argued that the proposed number of dwelling units at thesouthwest comer of the subdivision do not provide a transition for the larger, estate- size Weaver Acres and Patrick Subdivision residents. However, Heritage Commons is consistent with the intended character of this area and staff typically does not consider single-family residential adjacent to single-family residential to be incompatible uses, regardless of lot size. 21. It is not anticipated that the proposed proj ect will have an adverse impact on the surrounding property, however, testimony has been taken into account. 22. It is found that the proposed development can be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 ,-- ( essential public facilities and services listed above. 23. 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. 24. 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. 25. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. The ACHD report should be referred to for any additional information concerning this finding. 26. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditoinal 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. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 proposed use is otherwise prohibited by tIle 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 9 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 Medium Density Residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 ( ( District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 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 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned development of single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards for proposed Heritage Commons in an R-8 zone located on the west side ofN. Locust Grove Road between E. Ustick Road and E. McMillan 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. The Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned Development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Health Care Facilities - Clinic !Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail - Bank - Dining and other food / beverage related uses - Personal services - Retail store - Restaurant Service related to the neighborhood.. not identified above.. but determined by the Planning Director to be of an appropriate size and scale for this location. The following uses will always require a CUP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location;" 3. The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot 1, Block 9. However, no plot plan of the lots was provided nor when the structures will be constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a e.o. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot I, Block 9 should occur prior to final occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the community center and gazebo, prior to final occupancy of any unit. In that case, improvements shall be made as weather permits. 4. As specified in paragraph 2 above, all office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 5. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 all required street buffers. 6. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 7. No building pennits shall be issued within the development until a Final Plat has been recorded. for the subdivision. 8. A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. e. The trailer must not be placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P &Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CUP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 9. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. II.The applicant shall supply staff with the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. 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 Vtrith this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 ( 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 Inay 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 4- -7!::... day of CT~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED ~ VOTED ~'l./ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: L~ n_, DISAPPROVED: \\\\,\\11111111/1 \\\ F a~t::,... 'I, ,\\\ ~ 0 fYI'-r(lI" III; " ~~ Vl /.1" ~...... c} or\PO~ h ~1;;\ ..... ~G ~A "'" ::: ~ v-:: - - - - - - - - r,. _ - - Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By4F~~j1~ . Clerk ' , Dated: 6 -/O-()?J; z:\ W ork\M\Meridian \Meridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007\FfClsCUP02-007.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 7 / I ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C OS/21/02 Revised 06/05/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FORAPUD FOR ) SINGLE FAMILY RESIDENTIAL ) DWELLINGS, PRIVATE OPEN ) SPACE WITH CLUB HOUSE, ) GAZEBOS, PARKS AND ) NEIGHBORHOOD SCALED ) COMMERCIAL SITE FOR THE ) PROPOSED HERITAGE ) COMMONS IN AN R-8 ZONE ) LOCATED ON THE WEST SIDE OF ) N. LOCUST GROVE ROAD ) BETWEEN E. USTICK ROAD AND ) E. MCMILLAN ROAD, MERIDIAN, ) IDAHO ) ) BRIGHTON CORPORATION, ) ) APPLICANT ) ) Case No. CUP-02-007 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the May 21, 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 single family dwellings, private open space with clubhouse, gazebo, parks, neighborhood scaled commercial site, and specific residential and commercial setback standards ORDER CONDITIONAL USE PERMIT (CUP-02-007) - 1 for proposed Heritage Commons in an R-8 zone located on the west side ofN. Locust Grove Road between E. Ustick Road and E. McMillan 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: I. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. TIle Applicant has proposed three specific site plans identifying traffic circulation patterns, lot layout, and building locations. The Heritage Commons Commercial site shall be in conformance with one of the three submitted site plans. The following uses shall be permitted outright in the Heritage Commons Commercial Site Planned Development: Health Care Facilities - Clinic !Medical - Dental - Doctor's Office - Pharmacy - Optical Shop Office Retail - Bank - Dining and other food / beverage related uses - Personal services - Retail store - Restaurant Service related to the neighborhood.. not identified above.. but determined by the Planning Director to be of an appropriate size and scale for this location. The following uses will always require a CUP in the Heritage Commons Commercial Site Planned Development: Child Care Facilities Drive-through Facilities Drive through windows will not be permitted for fast food restaurant or related food services at this location." 3. The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot I, Block 9. However, no plot plan of the lots was provided nor when the structures will be ORDER CONDITIONAL USE PERMIT (CUP-02-007) - 2 constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The community center shall be constructed and receive a C.O. prior to SO% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to [mal occupancy of any lots within that phase. In the event of weather restriction, the applicant shall be allowed to bond for all required common area improvements, including landscaping, the commllnity center and gazebo, prior to final occupancy of any unit. In that case, improvements shall be made as weather permits. 4. As specified in pargarph 2 above, all office or conunercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 5. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude all required street buffers. 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. 8. A sales and information trailer for Heritage Commons is approved with the following conditions: a. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site plan must accompany the building permit and be approved by Planning Department. b. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application process. c. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. d. Applicant must provide the Public Works and Fire Departments with information on the ORDER CONDITIONAL USE PERMIT (CUP-02-007) - 3 ( method of fire protection to be used for the trailer. e. The trailer must not be placed anywhere within this front setback of the lot, and must conform with all setbacks as set forth in the Heritage Commons conditional use permit and preliminary plat. f. No off-street parking to serve the temporary trailer is proposed. The on-street parking will need to be closely monitored by Brighton Corporation and the City. No obstruction of a public right-of-way is permitted. g. Landscaping is required within the front setback area of the lot. The area of the lot behind the trailer must be kept free from weeds or other potential fire hazards at all times. h. The timeframe for the sales and information trailer is for a period of 48 months. If Brighton Corporation requires an extension of this permitted period, Staff recommends they submit a status of their plans to the P&Z Department after 48 months of operation (starting from date of occupancy). City Council must approve of any time extension beyond 60 months via a modification of the CUP. This timeframe will apply to a single lot, not a combination of all future lots for the trailer use. i. The Applicant's request to site the same trailer under the above-stated conditions at other locations within future Heritage Commons phases is approved without a CUP modification. A new site plan and building permit for all future trailer locations must be submitted to the City for each future location, but a CUP should not be required for each future trailer location. 9. Additionally, all the Recommendations of ACHD, Central District Health, the Fire Department, and Sanitary Services, applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. Comply with the action of the City Council from their May 21, 2002 meeting as follows: 10.Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. II. The applicant shall supply staff with the Site Plans that were presented through the Power Point presentation at the Council meeting held on May 21, 2002, and said Site Plans shall be attached to these Findings as Exhibit "A" (3 pages). 12.The applicant shall supply a list of uses for the conditional use with the Site Plan, and as long as the uses are allowed, the Applicant will not have to go through another conditional use permit process as long as the uses fit the lists above in paragraph 2 of the conditions. ORDER CONDITIONAL USE PERMIT (CUP-02-007) -4 ( 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 4e day of dtvM- , 2002. ~Y-D.~ ~ Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ByJ!~~b~!f City Clerk ' Dated: b- tJ-C2- l' ~ ,!:J_ '.~ ~ ~ ~"<:> vSI 1S\ · '\ .p;: ~// ~ C ,('"'.... ~"- .. ,,~ '/ 0 ~ \V,, ///1 UNl '\ t \' \\ /1/ \\\ IIUftl1 \1\\\\\ Z:\Work\M\Meridian\Meridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-02-007) - 5 ( AOJ\ C..OUt~TY RECOROER~~ J. DAVlD NAVARRO f:vJ i S E, ~ 0 j\ r: :) 2002 IN t 4 Prt 3: 24 ST ..QF. fEE~ ',~ 102061318 MEHIU1AN CI1--Y BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR VACATION FOR FUTURE STREETS) WITHIN LOTS 5 AND 6, BLOCI( 1, ) TIMOTHY SUBDIVISION FOR PACI( IT ) UP SUBDIVISION, MERIDIAN, IDAHO ) ) ) ) ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) C/C OS/21/02 CASE NO. VAC-02-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION FOR FUTURE STREETS WITHIN LOTS 5 AND 6, BLOCI( 1, TIMOTHY SUBDIVISION FOR PACI( IT UP SUBDIVISION This matter coming on regularly before the City Council at its regular lueeting on the 21 ST day of May, 2002, at the hour of 6:30 p.m., and Brad Hawldns-Clarl( Planner II for the Planning and Zoning Department, and Clint Boyle, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 1 of 8 ( objection having been received Inal<es the followillg Findi11gs of Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Streets shall be vacated pursuant to I.C. S 50-1325. 2. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the nalnes of the persons affected thereby, and said petition shall be filed with the city clerIc. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a weel< for two (2) successive weel<s in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearillg; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interlnent, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the Findings of Fact and Conclusions of Law and Order of Vacation for Pacl< It Up Subdivisiol1 V AC-02-002 Page 2 of 8 ( recording of the new or alnended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the saIne in writing. {I.C. ~ 50-1306A (1), (2), (3) and (5)} 3. Pursuant to Meridian City Code s~ 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affIX the date of application acceptance thereon. The Administrator shall place the application on the agel1da for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Reconunendation: The Commission shall review the request and all agency responses and lnal(e a recommendation to the Council for either approval, conditional approval, or del1ial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. Findings of Fact and Conclusions of Law and Order of Vacation for Pacl( It Up Subdivision V AC-02-002 Page 3 of 8 (-- 2. Street Improvements; Bond: When considering an application for dedication procedures, the Councilluay approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 4. According to Meridian City Code ~ 12-11-2 Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: 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. In such cases, the subdivider shall first state his reasons in writing as to the specfiic provision or requirement involved; it is found that the unexpected requirement to vacate "future streets" within the subdivision is a special circumstance that affects this property in a manner that would malce strict application of MCC12-3-8 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 mal(e 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, it is found that the required vacation of the "future streets" prior to signature on the final plat has delayed the recording of the final plat, making strict compliance with MCC 12-3-8 unreasonable. Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 4 of 8 ( c. That the grantil1g 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, it is found that the requested variance will not be detrimental or injurious to the public's welfare or to the other properties in the area. d. That such will not violate the provisions of the Idaho Code, staff is unaware of any provisions of the Idaho Code that may be violated by the issuance of the requested variance. e. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan, it is found that the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. FINDINGS OF FACT 1. Pinnacle Engineers, Inc., filed a petition for the vacation of an unopened future streets within Lots 5 and 6, Block 1 of Timothy Subdivision for Pack It Up Subdivision, as dedicated in the Warranty Deed from Hoyt C. Dobson, as his separate estate and Hoyt Dobson, as Personal Representative of the Estate of Mary Edgley Spates Dobson, to Overland Storage, L.L.C., an Idaho limited liability company, recorded September 30,1999, as Instrument No. 99097401. That Overland Storage, L.L.C. is the record owner of the property but Joseph D. Ballenger, Jr., Managing Member, Overland Storage, L.L.C. granted permission to Pil111acle Engineers, Inc. to submit the Vacation and Abandonment of Public Right-of\t\T ay applications pertaining to the property described below in number 2, through an Mfidavit of Legal Interest executed and dated March 4, 2002. 2. The Timothy Subdivision doesn't provide any bearings or distances for the "future streets". Therefore, an exact metes and bounds description of the "future streets" cannot be prepared. A description of the future steets might be: The 50 foot wide strips of public right-of-way dedicated as future street Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 5 of 8 ( rights-of-way located witllin the property lines of Lot 5 and 6, Block 1 of Timothy Subdivision, according to the official plat thereof as filed in Boole 31 of Plats at Page 1924, records of Ada County, Idaho; and lying in a portion of the SE 1/4 of the SE 1/4 of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho. (The site is generally 900 feet west of Locust Grove Road on the north side of Overland Road. Overland Storage, LLC owns Lots 5 and 6, Block I of Timothy Subdivision.) 3. The particular circumstances of the requested vacation is: The property has a final plat pending for PacIe It Up Subdivision (formerly Overland Mini Storage Subdivision). The final plat has been signed and certified by all agencies (including ACHD) except the Ada County Surveyor, Ada County Treasurer, and Ada County Recorder. At this point the Ada County Surveyor has required the vacation of the future unopened streets within the existing Timothy Subdivision before they will sign and certify the PacIe It Up Subdivision Final Plat. There are no existing utilities or ilnprovements within the future street areas. 4. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such 110tice was also published once a weele for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 5. All publication costs have been paid by the petitioner. 6. The Nampa & Meridian Irrigation District's Ninemile Drain courses along the east boundary of the proposed project. The easement of the Ninemile Drain must be protected. DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 6 of 8 ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: I. The following unopened future streets as depicted on the Record of SlIrvey of the proposed Pacl< It Up Subdivision, is hereby vacated: The 50 foot wide strips of public right-of-way dedicated as future street rights-of-way located within the property lines of Lot 5 and 6, Blocl< I of Timothy Subdivision, accordi11g to the official plat thereof as filed in Bool< 31 of Plats at Page 1924, records of Ada County, Idaho; and lying in a portion of the SE 1/4 of the SE V4 of Section 18, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho. (The site is generally 900 feet west of Locust Grove Road on the north side of Overland Road. Overland Storage, LLC owns Lots 5 and 6, Block I of Timothy Subdivision.) 2. The property has a final plat pending for Pack It Up Subdivision (formerly Overland Mini Storage Subdivision). The final plat has been signed and certified by all agencies (including ACHD) except the Ada County Surveyor, Ada County Treasurer, and Ada County Recorder. At this point the Ada County Sllrveyor has required the vacation of the future unopened streets within the existing Timothy Subdivision before they will sign and certify the Pacl, It Up Subdivision Final Plat. There are no existing utilities or improvements within the future street areas. 3. The Nampa & Meridiall Irrigation District's Ninemile Drain courses along the east boundary of the proposed project. The easement of the Ninemile Drain must be protected. 4. The City Clerk shall cause a copy of this order to be served upon the affected lltility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 7 of 8 5. The City Clerl( shall cause a certified copy of this order to be recorded with the Ada County Recorders office. 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 il1terest in real property which may be adversely affected by the issuance or denial of the vacation may within twenty-eight (28) days after the date of this decision and order 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 J~ ,2002. ROLL CALL A~ I --- day of COUNCILMAN BIRD VOTED ~ VOTED f/<-C</ VOTED ~""- VOTED ~ COUNCILWOMAN deWEERD COUNCILWOMAN Mc CANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAICER) VOTED DATED: 6 -1--t} 2- ~ -:::... \\\\\\\\\11111111/"~'.1/ ~ ,'\\'..J of MERI/'t~ 11// ---,,' ~,. ~Af.. ///.... Copy served upon Applicant, the Planning and Zoning Department, Pu~1c ~~OR,.j ~o '1; \. Department and City Attorney. ff ~ By:~~A~ (l DATED: 6-4---tJ~"?~ .?'J 0 ~~ City Clerk (/ ~ -?A '8, 1S\ · ~ $ ~ VA ~l'<. " ""........ -, a \OX ," //1111 OUNT'l t \\"" P Jf..t!!tfl'8.~ \\\\\\\\ age t5 0 . I'. Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 STATE OF IDAHO, : ss. County of Ada. ) On this 4~ day of J:.~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., lmown to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to n1e that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year first above written. (SEAL) ......... ... O_:~Ls~. .~~OT~;:,c:~. :~,' ""Y'. \r~ . ' \ . · I I · . , , . . , I . · '\ L .. . .~', ~b._ .r:,.~.. . 'U', '-:. (JJn.,.\.~ ..~~---.:<-. .+ ..~.uOF 1J-J::.+ ........ 2hMff}Smz~ Notary Public for Idaho . Commission Expires: if -1!l--otJ Z:\Work\M\Meridian\Meridian I 5360M\Pack It Up Sub flea Overland Mini Storage Sub VAC02-002 VAR02- 004\F feI OrdV acati onfu tureS treets. doc Findings of Fact and Conclusions of Law and Order of Vacation for Pack It Up Subdivision V AC-02-002 Page 9 of 8 ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., FORA ) VARIANCE OF SECTION 12-3-6 ) REQUIRING SUBMITTAL OF A ) FINAL PLAT WITmN ONE YEAR ) TO ALLOW A SECOND TIME ) EXTENSION FOR RECORDING THE ) FINAL PLAT FOR PACK IT UP ) SUBDIVISION (FORMERLY ) OVERLAND MINI STORAGE ) SUBDIVISION), LOCATED WEST OF ) S. LOCUST GROVE ROAD AND ) NORTH OF E. OVERLAND ROAD, ) MERIDIAN, IDAHO ) ) C/C 05-21-02 V AR-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on May 21, 2002, and Brad Hawkins-Clark Plalmer II for the Plalming and Zoning Department, and Clint Boyle, appeared and testified, 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: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps Page 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 thereof and the Comprehensive Plan of the City of Meridian adopted December 21,1993 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements of Idaho Code 99 67-6509, 6516 and Meridian City Code 9 11-15-5 and 912-11-3 as evidenced in the record of this matter. 3. The Applicant is Pinnacle Engineers, Inc., whose address is 12552 W. Executive Drive, Suite B, Boise, Idaho 83713. 4. The owners of the property are Overland Storage, L.L.C., whose address is 1322 Torrey Lane, Nampa, Idaho 83686. 5. The location of the subject property is presently located in a C-G (General Retail and Service Commercial District), and which subject property is located west of S. Locust Grove Road and north of E. Overland Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of the subject property is presently zoned as C-G (General Retail and Service Commercial District), and which subject property is presently not developed. 8. The proposed land use of the subject property is to develop the subject property into a storage facility to be known as Pack It Up Subdivision. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 2 ( 10. The Applicant seeks a variance of the following provision of the Meridian City Code, 912-3-6, APPROVAL PERIOD, and in the C-G zone if granted the re-zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. c. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval WIthout resubmission for preliminary plat approval. II. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. Presently, the Final Plat is complete with all the required signatures and certifications, except for the signatures of the Ada County Surveyor, Ada County Treasurer, and the Ada County Recorder. 13. The Ada County Surveyor has required the vacation of the "future streets" within the existing Timothy Subdivision (a portion of which contains the Pack It Up Subdivision area) before he will sign and certify the Pack It Up Subdivision Final Plat. 14. The Ada County Highway District has previously signed and certified the Pack It FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 3 ( ( Up Subdivision Final Plat, but in discussions with ACHD and the Ada County Assessor, neither agency recognizes the "future streets" within Timothy Subdivision as dedicated public right-of- way. However, due to the Ada County Surveyor requirement, the applicant is processing a right- of-way vacation of the "future streets" with ACHD. Further, Meridian City has granted their consent to ACHD for the vacation of "future streets". The applications for vacating the "future streets" have been submitted to ACHD. The street vacation issue is the only outstanding item necessary before the Pack It Up Subdivision Final Plat is recorded. The timeframe for vacating right-of-way is approximately three to four months. 15. Based on the above issues, the applicant additionally has a vacation application before the Meridian City Council to vacate the unopened future streets, Case No. V AC-02-002, and which vacation application will be heard before the Meridian City Council on June 4, 2002. 16. If the applicant were made to comply with the recording of the Final Plat for Pack It Up Subdivision it would result in extraordinary hardship to the subdivider based upon the above matters of the aforementioned facts and related issues. I 7. All agency requirements related to the Pack It Up Subdivision Pinal Plat have been met except for a street vacation raised by the Ada County Surveyor. Therefore, an additional six months should be an adequate amount of time to cover the time necessary for completing the street vacation process and recording of the plat. 18. 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 because the requested variance will not be detrimental or injurious to the public's welfare or to the other properties in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 4 ( 19. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan. 20. Granting the variance would maintain rights which would be afforded to others in the same situation. 21. The applicant paid the fee established by the City Council for application vanance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code 9 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code 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 S 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 9 11-18- 2, and the findings which are required are set forth in Meridian City Code 9 11-18-3, include required fmdings 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 5 ( Development Ordinance would result in extraordinary 11ardship 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 Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-3-6, APPROVAL PERIOD, and in the C-G zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. c. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable marmer, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approvaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 6 (r- 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. That the Applicant is hereby granted a variance to allow a second time extension for . recording the fmal plat for Pack It Up Subdivision Final Plat for an additional six (6) months to the date of October 1, 2002 for the C-G zone. NOTICE OF FINAL ACTION Please take notice that this is a fmal action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD requirements in the C-G Zone as provided in the Section 12-3-6 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. A .~ By action of the City Council at its regular meeting held on the ,r~ day of · J WYJ!- , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ VOTED ~ COUNCIL WOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED~~ COUNCILMAN WM. L. M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 7 MAYOR ROBERT D. CORRIE (TIE BREAKER~ DATED: tJ -4- -0 2- VOTED MOTION: APPROVE~ ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. \\\\\\ \111111111 \\\ Mil, ",\.... Of EFt!/" 111/ ....',' ~~ v4 /.I'i ~ a ~OJ:> A ~ ~ ~ ~ 00 '1.f1~ ~ /' ~ ~ <:) ~ By' ~-..:. 4-~() Dated: 1:7-1- -1)2-ff ~ City Clerk' r = SEAL = ~- &... -::.. \/Q ,C6 0 ~ ~..,o Us, 1S\ ' ~.$ "/// ~ a ,\("\ ~ ,,~ // 0 ,[ \v,' /111 - UNT 1 t ,\" Z:\Work\M\Meridian\Meridian ] 5360M\Pack It Up Sub flea Overland Mini Storage Sub V AC02-002 V AR02-004~rol~Gffl<l\tN~r1ah'c'e.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / PACK IT UP SUBDIVISION - V AR-02-004 Page 8 ~z ~T ~-. = _~....:-t:~:::::~: >;:; -a. co o <:) -n ! tt1 If /j " &A:h,.1 n -u )>' o " <- ~Z 9c Z-a ~~ 3:lD ~g -U<, Cii 6 z ( ( BEFORE THE MERIDIAN CITY COUNCIL C/C 05-21-02 IN THE MATTER OF THE APPLICATION OF HUBBLE ENGINEERING, INC., FOR A V~CETOTHEPERIMETER LANDSCAPE REQUIREMENTS LOCATED AT 1375 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO V AR-02-001 ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on May 21 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and Jane Suggs, appeared and testified, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements of Idaho Code S 67-6509, 6516 and Meridian City Code S 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO, INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 1 ( and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Hubble Engineering, Inc., whose address is 701 S. Allen St., Suite 102, Meridian, Idaho 83642. 4. The owner of the property is Gerry Sweet, CEO, Intermountain Outdoor Sports, whose address is 1375 E. Fairview Avenue, Meridian, Idaho 83642. 5. The location of the subject property is located in a General Retail and Service Commercial (C-G) District at 1375 E. Fairview Avenue, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears on record in the Meridian City Clerk's office, and which Vicinity Map is attached as Exhibit "A" and consisting of one page. 7. The present land use of subject property is presently zoned as (C-G) General Retail and Service Commercial District which is being used as a retail store and empty lot. 8. The proposed land use of subject property is that the retail store will remain and the empty lot will be subdivided into 3 parcels for sale to commercial businesses. 9. That a vicinity map is attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. IO. The Applicant seeks a variance of the following provision of the Meridian City Code, 9 12-13-10-4, BUFFER SIZE, and in the C-G zone, which provides as follows: 12-13-10-4 BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 2 ( do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 10 feet Urban Collector 20 feet Principal & Minor Arterials ( other than entryway corridors) 25 feet Entryway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet II. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 12. It is found that that the existing parking lot on the improved portion of the proposed subdivision (Lot 1) would make strict application of the Landscape Ordinance impracticable and unreasonable. The installation of a thirty-five foot (35') wide buffer on Lot I adjacent to Fairview Avenue would reduce the number of available parking stalls to below the City's minimum number of parking stalls required for the retail store. The undeveloped street frontage on Fairview (Lot 2) should be required to provide the full thirty-five foot (35') wide buffer as there are no special circumstances or conditions that affect this portion of the property. 13. It it found that strict compliance with the requirements of the Landscape Ordinance would result in extraordinary hardship to the owner or developer because of unusual topography, the nature or condition of adjacent development; however, staff finds that the existing asphalt parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 3 ( ( lot is a physical condition that makes strict application of this Ordinance unreasonable. 14. It is found that the requested variance will not be particularly detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the Landscape Ordinance may be compromised should a complete variance be granted. 15. It is found that the issuance of a variance for landscaping requirements will have the effect of altering the purpose and interest of the Landscape Ordinance. The Landscape Ordinance provides provisions for Alternative Compliance if a development is unable to meet the objectives of the Landscape Ordinance; however, the requested reduction is beyond the scope of the Alternative Compliance section. Allowing a variance for non-conforming street buffer landscaping will make it harder to enforce the Landscape Ordinance in the future and may encourage similar requests for variances to the code. 16. The Parks Department does not support the request for the variance for the present retail store. 17. The landscape requirements must not impact the Nampa & Meridian Irrigation District's Jackson Drain that courses along the south boundary of the project. 18. Instead of the variance requested by the Applicant, the Applicant can remove the row of parking immediately adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the emissions van are located in this area as well) and replace the parking area with landscaping. The removal of just one row of parking will allow the traffic circulation to remain the same for the rest of the parking lot, and it will provide a significant amount of new landscaping (approximately nineteen feet). The resulting buffer (25' -26') will be less than the required thirty-five-foot (35') FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001 Page 4 ( ( buffer, but it will be a dramatic improvement. 19. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code ' 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 99 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 9 11-18- 2, and the fmdings which are required are set forth in Meridian City Code 9 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 fmding 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 5 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 Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, 9 12-13-10-4, BUFFER SIZE, and in the C-G zone, which provides as follows: 12-13-10-4 BUFFER SIZE: The required width of the landscape buffer is calculated based on the Ada County Long Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors do not have a required street buffer. Street Type Local Roads (except in residential areas per 7.3) Buffer Width 10 feet Urban Collector 20 feet Principal & Minor Arterials ( other than entryway corridors) 25 feet Entryway Corridors (as defined in the Comprehensive Plan) 35 feet Interstate 84 50 feet 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. That the Applicant is hereby granted a variance from the buffer size requirements only for the existing retail store on Lot 1, which is in the landscape easement, but Lot 2 which will be future development shall be required to comply with the new FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 6 (~ Landscape Ordinance buffer size (MMC SI2-13-10-4), in the General Retail and Service Commercial District. Instead of the variance requested by the Applicant, the Applicant can remove the row of parking immediately adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the emissions van are located in this area as well) and replace the parking area with landscaping. The removal of just one row of parking will allow the traffic circulation to remain the same for the rest of the parking lot, and it will provide a significant amount of new landscaping (approximately nineteen feet). The resulting buffer (25' -26') will be less than the required thirty-five-foot (35') buffer, but it will be a dramatic improvement. NOTICE OF FINAL ACTION Please take notice that this is a [mal 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 a variance authorizing a variance of the Buffer Size in the C-G Zone as provided in the Section 12-13-10-4 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 1-6 day of d'~ , 2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED$~ VOTED~ VOTED~ VOTED ~....... COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 7 (""- MAYOR ROBERT D. CORRIE (TIE BREAKER)VOTED DATED: 6 -4- - () 2- ~ MOTION: ~ APPROVE . DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. \ \ \\ t\ '11 f 1111I1 \\\ Mil, ,,\\\...j Of EiTll'\ 1//// " ~, VLd /".. .:: ~ c} t\PQJ:) ~ ~ fry ~.... 2 ~o "Vofr(:; ~ Dated: ~-4--~2--f "l <> 1 SEAL ~ t? "c,Q Cb ~ ~ -Yo ~"l.Isr 1S\ ." .p! ~ :A ~ '" "/;0- -, n ~l- " //1 \.oOUNT'l ", 11// . · \\\\' fiji/Oil 11\\\\\\ z:\ Work\M\Meridian\Meridian 15360M\Intermountain Outdoor Sub V AR02-001 PFP02-00 1 \FfCIsGrantVarianceTWO.doc ByJl~~ p~~ City Clerk ' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO INTERMOUNTAIN OUTDOOR SPORTS / V AR-02-001 Page 8 w 0 0 m t " en )> 0 :::0 JERICHO RD 0 < - m ~ ~ )> W < -.....I fD m en 0 ~m 0 O. -" z)> ....a. ~~ N 0 3:- 0 )>m II CD "'O:E (1) ~ .... m - i. w ,. o o o ST GROVE RD C/) tr1 Ek.h;b.~ -,1- ( (, - ( BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST FOR ) PRELIMINARYIFINAL PLAT FOR ) INTERMOUNTAIN OUTDOOR ) SPORTS SUBDIVISION, LOCATED ) AT 1375 EAST FAIRVIEW ) AVENUE, MERIDIAN, IDAHO ) ) BY: HUBBLE ENGINEERING, ) INC., ) APPLICANT ) ) ) C/C OS/21/02 Case No. P/FP-02-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 21, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and Jane Suggs, appeared and testified at the hearing, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINARY PLAT, INTERMOUNTAIN OUTDOOR SUBDMSION, LOCATED IN THE NE Y1 OF THE NE 'l4 OF SECTION 7, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, JANUARY 2002, JOB NO. 01-279-00, SHEET NO.1, S:\STD\TEMPLATE\ACAD _HEI_PLN.DWT, HUBBLE EINGINEERING, INC.", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDnITONALAPPROVAL OF PREUMINARYjFINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 1 and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. 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 C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approvaL 4. The proposed development is a continuity of the 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 are met there will be public financial capability of supporting services for the proposed development. 5. The development, ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PIAT - INTERMOUNTAIN OUTDOOR SPORTS j BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 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 The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY PLAT, INTERMOUNTAIN OUTDOOR SUBDIVISION, LOCATED IN THE NE ~ OF THE NE ~ OF SECTION 7, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO, JANUARY 2002, JOB NO. 01-279-00, SHEET NO.1, S:\STD\TEMPLATE\ACAD _HEI_PLN.DWT, HUBBLE EINGINEERING, INC.", has been submitted for preliminary/final plat. 1. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner II for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated April 12, 2002, listing 14 Preliminary Plat Site Specific Comments and 4 PreliminarylFinal Plat General Requirements, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, with the additional requirements from the City Council from their meeting of May 26, 2002, and the requirements are as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PIAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 3 1-- ( Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Water and sewer service to this site shall be via service lines from the existing mains adjacent to the property. 2. Applicant has indicated that a pressurized irrigation system will be provided to the three (3) new buildable lots (already existing to Lot 1, Block 1) through the existing irrigation system; however, no details of the system have been submitted. Applicant shall confmn that the system will have adequate capacity for the additional lots. As part of the development plan review process, the Public Works Department shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 3. The tent/Quonset hut shall be removed from the property prior to the City's signature on the final plat. 4. Landscaping shall be installed as approved by the City Council at their public hearing on the companion variance application, Case No. V AR-02-001. 5. Dead or dying landscaping shall be replaced. All non-organic mulch shall be removed and replaced with either organic mulch or vegetation. 6. Visually depict the width of the landscape easements on the face of the preliminary and final plat. 7. Add a note to the face of the final plat requiring that a Business Owners Association will be required to maintain the street buffers. 8. Show the existing easements for the Jackson Drain where it courses across the southern boundary of the subdivision. 9. All required street buffers and irrigation lines shall be installed prior to the occupancy of any new construction on Lots 1, 2, 3, or 4 of the proposed subdivision 10. Add a note to the face of the plat stating that the subdivision provides cross access and cross parking among the parcels, for use with the previously approved driveways. 11. All illegaVtemporary signs shall be removed from the subject property prior to the City's signature on the final plat and shall not be replaced. All signs must meet the Sign Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW ANDORDEROFCONDLnONALAPPROVALOF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 4 ( 12. Add adjacent platted subdivision names, or unplatted to the face of the plat. 13. Construct a five-foot (5') wide sidewalk on Fairview Avenue. The sidewalk shall be installed prior to the issuance of occupancy permits for Lots 2, 3, and 4 of the proposed subdivision. 14. Add a note on the final plat indicating: "The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest normal ground water elevation." 15. 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. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 17. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 18. Except for the Jackson Drain, all irrigation ditches, laterals or canals, exclusive of natural watelWays, 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 confmnation of said approval submitted to the Public Works Department. 19. The owners of the subject site will work with Mr. Steve McNitt, as a representative of the Danbury Subdivision, to work out the appropriate irrigation system for the landscaping along Stonehenge Way. Adopt the Recommendations of the ACHD as follows: 1. No additional access points to Fairview Avenue or Stonehenge Way have been proposed and none are approved with this application. 2. Pave the existing driveway on Stonehenge Way that is located approximately 340- feet south of the north property line to its full-required width of24 to 30-feet and to a point 30-feet beyond the edge of pavement of Stonehenge Way with 15- foot curb radii tapers abutting the existing roadway edge. 3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDffiONAL APPROVAL OF PRELIMINARY/FINAL PIAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 5 ( during the construction of the proposed development. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 7. 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. 8. Any existing irrigation facilities shall be relocated outside of the right-of-way. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the fmal plat. 10. Comply with ACHD's Standard Requirements listed in their report dated March 27, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow consistent with the 1997 Uniform Fire Code Appendix III-A. Fire hydrants shall be placed an average of 400' apart. 2. All comers will have to have 28' inside radius and 48' outside radius. 3. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. Acceptance of water supply for fire protection will be by the Meridian Water Department. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 37'. 7. All proposed uses and storage practices shall comply with the Uniform Fire Code. 8. A 20' wide fire access road shall be maintained at all times. FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PlAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 6 (' 1, Adopt the Recommendations of Central District Health Dept 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 Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires a Land Use Change/Site application to be filed. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainge leaves the site, the District must review drainage plans. The developer must comply with Idaho Code ~31-3805. Adopt the Recommendations of Sanitary Service as follows: 1. Waste enclosure plans need to be submitted. 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: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDTIITONALAPPROVALOF PRELIMINARY/FINAL PLAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 7 ( By action of the City Council at its regular meeting held on the #- day of J~ , 2002. By: R E T D. CORRIE Mayor, City of Meridian By:dI~~~9 City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works DeRMlment . \\\\, t'II//, and CIty Attorney. ,\\\\ Of M~I IiI/ ~,~~--{ '4A'>/// _'-! u~ ~~~ -,~ % / 4- /)'J ~~ .R ~o ~ Dated: t? - ..- C/ ~ ,S ~ ---= ..::;: -- ., - ..... FINDINGS OF FACf AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PlAT - INTERMOUNTAIN OUTDOOR SPORTS / BY HUBBLE ENGINEERING, INC. (PFP-02-001) - 8 ( ( May 31,2002 MERIDIAN CITY COUNCIL MEETING June 4, 2002 APPLICANT Public Works Department REQUEST White Drain Sewer Trunk Easement, John Kennedy ITEM NO. 5 - Ie' 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 See Affached Memo and Easement evrF 1/;) Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo RECEIVED MAY 3 0 2002 CITY OF MERIDIAN CITY CLERK OFF'CE To: Mayor Corrie From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/30/2002 Re: Proposed Agenda Items for June 4 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 4 City Council agenda, on the Consent Agenda, for CouncilJs consideration: 1) White Drain Sewer Trunk - John Kennedv Easement. I believe you are all familiar with this long story. Attached is a copy of new permanent and temporary construction sewer easements signed by Mr. Kennedy along with a signed right-of-way contract. No compensation is associated with this easement. *f- Recommended Council Action: Accept the permanent and temporary construction sewer easements from John Kennedy, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. 2) White Drain Sewer Trunk - Howell-Murdoch Easement. Attached is a copy of new pennanent and temporary construction sewer easements signed by Kevin Howell of Howell-Murdoch Development Corporation along with a signed right-of-way contract. This easement courses through the proposed Cedar Springs Subdivision which has received preliminary plat approval from City Council. No compensation is associated with this easement. Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Howell-Murdoch Development Corporation, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. Thank you. Please contact me if you have any questions regarding these ite~~ Fromtbe desk OL .. . Page 1 Brad Watson, P.E. city Engineer Meridian Public W cxks Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 CITY OF MERIDlAN 600 E. Watertower, Suite 200 Meridian, Idaho 83642 RIGHT-OF-WA Y CONTRACT LOCAL PROPERTY OWNERS PARCEL # & OWNER DATE OF OFFER Drain Sanitar Sewer Trunk Ten Mile Rd. to Locust Grove Rd. THIS RIGHT-OF-WA Y CONTRACT, made this day of ,20_, between the City of Meridian~ acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called HCITY" and John L. Kennedy herein called .'G RANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sewer Line Easement and Temporary Construction Easement included herewith as Exhibit "A-I", Exhibit "A-2", and Exhibit ~'B": NOW THEREFORE, the parties hereto agree as follows: I. GRANTOR agrees to donate the following easements to the CITY OF MERIDIAN: ITEM DESCRIPTION AREA (Ac). Pennanent Easement Temporary Easement ~ ~ Additional Stipulations: For Mutual Benefits. I This Contract shall not be binding unless and until executed by the City Engineer and the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the perfonnance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction, and maintenance of the proposed sanitary sewer line. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian By: Robert Corrie, Mayor GRANTORS: .. .7 L _~ I ( _ // _d By: .L-# .-.u;--/ ~' " _a-yr-r--"~-;7 / Pri~ted: ~ (; h V7 L. k<~ 7t' .:0/' eel ;I Date: ~-&! /.:2'~ Z 60 Z- ;e, ~ c~ Social Security Number: J / 9- ._~ 0 -../ c,L T ___ By Gary Smith, P.E., Public Works Director ATTEST: By: Title: Printed: City Council Approval Date: Date: 05/08/02 ( ( SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the UAgreement") is made and entered into this day of , 20_, by and between John L. Kennedy, the uGrantor(s),ll and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the IIGrantee.1I Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit uA-1" & uA-2" attached hereto (the "Servient Estate"). B. Grantee desires to provide for a sanitary sewer trunk line across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOllOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the IIEasemenf'). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee's Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement; b. The right from time to time to trim and cut down and clear away any and all trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument; c. The right to install, maintain and use gates in all fences that now cross or shall hereafter cross the easement; d. The right to mark the location of the pipeline by suitable markers set in the ground, provided that such markers shall be placed in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement; e. The right to construct future manhole(s) over and service connections to this sewer trunk line. 2. Construction1 Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Grantor(s) prior to the commencement of construction. By reviewing such plans and Permanent Easement Page 1 of 3 ( specifications Grantor(s) assume(s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the SeNient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Aqainst Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/iUthey) will not interfere with Grantee's use of this Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonably required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/it/they) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnification. Grantee shall indemnify and save and hold Grantor(s), (and each of themJ from and against all claims, actions or judgements, for damages1 injury or death caused by or arising out of the failure or neglect of Grantee to properly construct, install, repair or maintain the system on the Servient Estate. 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, including reasonable attorney's fees. 7. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assiqns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. Permanent Easement Page 2 of 3 ( IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. CITY of Meridian By: Robert Corrie, Mayor GRANTORS: By:~~t Kg40~~ Printed:.J ill, '1 L t:. e /"1 7'/ 'f" ell Date:7t'It1t:, 2-LJ ~t:JC? 2- I I Social Security Number:;; Ie; - 3 0 ~ :3 <f 9' ::- By Gary Smith, P.E., Public Works Director ATTEST: By: Title: Printed : City Council Approval Date: Date: STATE OF IDAHO ) ) 55. County of Ada ) , 206;J , before me, public in and for the State of Idaho, ~ , known or proved to me to be the person(s) executed the foregoing instrument, and acknowledged to me that (he/she/it/they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. It,'t~~.!SSil$; ~. ~t. 1"1 i~ (: '. fl"'''-:9: ; G ~" \"P n. ~ ~.(. (... . -:!~ (\ ~ f: v--<J;. 9()00Q<;e..O",.~o.,!>., '~? - ~ ~ L\.. - M....J---., 4;1 CO ....~'l<J.... ~ - - -_ ,l ~~ C' r(' I\_~: ~... .00 ~ *! ';:' ''7';' <i.'. ,0 ~ ;<: ~ N ot~ry PUbli" !9>r Idaho ! ~ {' :;' Residing a~ N\\ ~ , Idaho ... 'J ,'. . ", o. 0 , , 3 ~ \., .:'\'.,;-. :.1 - \ \ ;.f:;'4.1 My commission expires \:""\- L -:\: ~ ~. I r'" :-- Permanent Easement Page 3 of 3 ( LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436314800 OWNED BY John L. Kennedy I i \ This permanent sanitary sewer easement is situateli within the North half of the East half of the East half of the SWl/4 of Sectio11 36, Township 4 North, Range 1 West, Boise Meritiian, Ada County, State of Idaho. Being a 25.00 foot and 50.00 foot strip of land more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the SEl/4 of Section 36, Township 4" North, Range 1 West, Boise Meriliian, Ada County, Idaho; Thence along the northerly line of said SE1/4 of Section 36, N89008'35"W, a distance 2680.36 feet to the NW corner of said SE1/4; thence along the northerly line of SW1/4, N89008'35"W, a distance of 663.50 feet more or less to a point, said point being the Northwest corner of the North half of the East half of the East half of the Southwest Quarter of Section 36, said point also being the POINT OF BEGINNING. Thence along said northerly line of said North half of the East half of the East half of the Southwest Quarter of Section 36, N89008'35"W, a distance of 166.10 feet to a point; Thence leaving said northerly line South, a distance of 125 feet to a point: Thence S89008'35"E, a distance of 497.30 feet more or less to a point on the easterly line of the Southwest Quarter of said Section 36; Thence along said easterly line South, a distance of 50.00 feet to a point; Thence leaving said easterly line N89008'35"W, a distance of 547.25 feet to a point Thence North I a distance of 125.00 feet to a point; Thence N89008'35"W, a distance of 116.10 feet to a point on the westerly line of the North half of the East half of the East half of the Southwest Quarter of Section 36; Thence along said westerly line North, a distance of 50.00 feet to the POINT OF BEGINNING EXCEPTING THEREFROM the East 29 feet thereof. The easement described contains 0.90 acres more or less. EXHIBIT A-I I 50' :J::~'v1AN~~ - :::ASE'v1E.\j:- ---, + I P.O.B. -:\ 0.90- AC. I ~ j ~::~ /4, S'N' /(~. S[C~I?N :_'NE ~~. . ~89'8a'.55Mw I 66350' LINt: or :lARCL ~ ~o 165 10' / " ~t S::C. .56 ~ "' 1 ~~ -:-] ~ ~ I I .....ag.08.J5Mw @ I U1G I :: 589'08'35"E' _497.30_' I " ~z~L - - ~ _ N89'08'.35Mw 54725' _ _' fl r - I I ~~;tN L .<ENNEDY I _ _I YI.. C #7934725 ;: sou TH LINE OF PARCEL 29' EXCEPTION !l ~ r 0 <( 0 Ct: w Ct: '~ W z 0 'g Z u w --.J V1 Z t..... ~ SECTION 36 T.4N., .R.! VV., B.M. SW 1/4 z o .=: u w Vl " L SE(:7:0N ~INE ~ w. USTICK ROAD EXHIBIT A-2 REV, NO. DESC. BY: CK'D: CITY Of' yIERIDIAN PUBLIC vVORKS DRAWN BY: _BeL DATE:~~~ER_~, 200!.. PROJECf: CK'OBY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROVEO~ffi I ~ tU 5/Jj?;02. }i~~.L: R~.U~~RJ~~~ ~bA s~gurlfl: OWG. No: RW._ _ __ CITY ENGINEER DATE IDAHO. SHEET 1 OF _ 1 ( f { \ TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _ day of I _, John L. Kennedy, the uGRANTOR" and THE CITY OF MERIDIAN, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENT") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described or depicted on Exhibit "B" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses bv GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a sanitary sewer trunk for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer construction and improvement, and for ingress and egress to and from the area of construction. 2. Use bv Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's elected officials, employees, contractors and agents. 3. Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminate on the completion of the sanitary sewer trunk project construction. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its elected officials, employees, contractors and agents, hereunder. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEEI at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Bindinq Effect. This Easement, and the covenants and agreements herein contained, shalll during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns. Temporary Easement Page 1 of 2 ( \ TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to the GRANTEE (a) that the GRANTEE shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity: "and on behalf of the') GRANTOR, the day, month and year herein first above written. CITY of Meridian By Gary Smith, P.E., Public Works Director GRANTORS: B ,'/- / ~ / / /' y: L-C'f~__-? /. /4--1'A-e.-~ Printed: J /;J j, V7 L-.. k:::e- 71:' ;q- ,.c-;dy By: Robert Corrie, Mayor Date: ~?2-r1' / 5 7 Z 0 1'/ -:J~ Social Security Number: !Jr9-3o - ~.y1.3 ATTEST: By: Title: Printed: City Council Approval Date: Date: Temporary Easement Page 2 of 2 ( { 30' i~MPORARY EASE"'::.\:- 0.41 I AC. - -~ I I 50' P:RNfAN::,\,j;r EASEMEN r ~ I P.O.B. ~ 0.90:i: AC. I ! -A L-SECION liNE AND ~ORrH \ . NB9.:JB'J~O' I N~~/<:.36SW!/4. j/' l!NE OF ;:>ARCEL ~ ~5i 166.10' I I. r' I . I ~t St.I.-.. ~ '1~ ~ :3 ~ I j I ,vB9'08'JS"w ~ I U1j L - _ _ _ _ _ _ 1 L _ I :E ~9.OB'Jn L ~JO~ +- ~ L NB9.0B"J5-w 54725' ! I ~ L:' JOHN L KENNEDY - -t - --Ill : Inst. #7934725 - - - - I sou TH LINE OF PARCEL 7 29. EXCEPTION ~ I' .... r 0 <( 0 0::: w 0:::: 'Z ~ W z 0 00 1= Z U w ---1 V1 Z w z :::i SECTION 36 T.4N., R.l W.1 B.M. SW 1/4 z g u w Vl " L w. USTICK ROAD SECTION llNE ~ EXHIBIT B~ REV, NO. DESC. BY: CK'D: CITY OF' NIERIDIAN PUBLIC vVORKS DRAWN BY: _ECL DATE:~~~ER_~, 2001. PRO]ECf: CK'DBY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROVED:~7 4/ f /( bU S-/IJ'/oZ LEGAL: A PORTION OF SEC. -~. DWG. No: RW._._._._ / J T.!..N., R.1-W., 8.M., ADA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 OF _ 1 May 31,2002 MERIDIAN CITY COUNCIL MEETING June 4, 2002 APPLICANT Public Works Department ITEM NO. 3 - L- REQUEST White Drain Sewer Trunk Easement, Howell-Murdoch Development 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 See Attached Memo and Easement ~ /^J~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED Memo ,\Ll,l 3 0 )I~n; --""'l.,. CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor Corrie From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/30/2002 Re: Proposed Agenda Items for June 4 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the June 4 City Council agenda, on the Consent Agenda, for CouncilJs consideration: 1) White Drain Sewer Trunk - John Kennedv Easement. I believe you are all familiar with this long story. Attached is a copy of new pennanent and temporary construction sewer easements signed by Mr. Kennedy along with a signed right-of-way contract. No compensation is associated with this easement. Recommended Council Action: Accept the pennanent and temporary construction sewer easements from John Kennedy, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. 2) White Drain Sewer Trunk - Howell-Murdoch Easement. Attached is a copy of new permanent and temporary construction sewer easements signed by Kevin Howell of Howell-Murdoch Development Corporation along with a signed right-af-way contract This easement courses through the proposed Cedar Springs Subdivision which has received preliminary plat approval from City Council. No compensation is associated with this easement. )\( Recommended Council Action: Accept the pennanent and temporary construction sewer easements from Howell-Murdoch Development Corporation, approve the Right-Of-Way contract and authorize the Mayor to sign and City Clerk to attest the easements and Right-Of-Way contract. Thank you. Please contact me if you have any questions regarding these ite~~ From the desk of. .. . . Page 1 Brad Watson, P.E. City Engineer lvferidian Public Wens Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 ( CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 RlGHT-OF-WA Y CONTRACT LOCAL PROPERTY OWNERS PROJECT # & DESCRIPTION Cit of Meridian White Drain Sanita PARCEL # & OWNER S0436438554 & 50436417200 DATE OF OFFER 7/30/0 I THIS RIGHT-OF-WAY CONTRACT, made this day of ,20_, between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CfTY" and Howell-Murdoch Development Corp. herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Pennanent Sewer Line Easement and Temporary Construction Easement included herewith as Exhibit "A-I", Exhibit "A-2", Exhibit "A-3", Exhibit "A-4", Exhibit ~~B-I" and Exhibit "B-2". NOW THEREFORE, the parties hereto agree as follows: I. GRANTOR agrees to donate the following easements to the CITY OF MERIDIAN: ITEM DESCRIPTION AREA (Ac). Permanent Easement Temporary Easement 2.80 2.49 Additional Stipulations: 1 ) For Mutual Benefits. ") This Contract shall not be binding unless and until executed by the City Engineer and the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction, and maintenance of the proposed sanitary sewer line. 3. Grantor will be allowed stubouts at specific locations to be resolved between Grantor and Keller Associates prior to construction of this project. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above vvritten. CITY of Meridian Gary Smith, P.E., Public Works Director GRANTORS: By: .--)( A / Printed: /( c.-.LJ; A /j~ By /1 I ) Ul './ ~ I I . By: Robert Corrie, Mayor Date: "3>..; (" ~ c.) 1...- Social Security Number: ATTEST: By: Title: Printed: City Council Approval Date: Date: 02/27/02 ( SANITARY SEWER EASEMENT This Sanitary Sewer Easement (the UAgreemenf') is made and entered into this _ day of , 20_, by and between Howell-Murdoch Development Corp., the "Grantor(s)," and the CITY OF MERIDIAN, a body politic and corporate of the State of . Idahol the "Grantee. If Recitals: A. Grantor(s) own(s) the parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A-1 n, "A-2", UA-3" and "A-411 attached hereto (the "Servient Estate"). B. Grantee desires to pray-ide for a sanitary sewer trunk fine across the Servient Estate and adjacent properties, and in connection therewith desires to obtain an easement to construct, install and maintain said trunk line system over and across the Servient Estate, and on the terms and conditions hereinafter set forth, Grantor(s) (is/are) willing to grant the same to Grantee. . . NOW, THEREFORE, IN CONSfDERA TION OF THE PREMISES AND THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Grant and Use. Grantor(s) grant(s) to Grantee a perpetual easement over and across the Servient Estate for the transportation and delivery of sewer water across the Servient Estate, and for the construction, installation, operation, maintenance, repair and replacement of a sanitary sewer trunk line system on the Servient Estate reasonably necessary for such purpose (the uEasementJf). The Grantee's use of the Servient Estate is not exclusive, but other uses of the Servient Estate by Grantor(s) shall not interfere with the Grantee1s Easement and its expected uses thereof. Grantor(s) further grant(s) to Grantee: a. The right to grade the gravel maintenance road located within the perpetual easement: b. The right from time to time to trim and cut down and Glear away any and aU trees and brush now or hereafter on the easement that may interfere with the exercise of Grantees rights under this instrument: c. The right to install, maintain and use gates in all fences that now cross or shaU hereafter cross the easement: d. The right to mark the location of the pipeline by suitable markers set in the groundl provided that such markers shaH be placed. in fences or other locations that will not interfere with any reasonable use Grantor shall make of the easement: e. The right to construct future manhole(s) over and service connections to this sewer trunk line. 2. C.onstruction, Installation and Maintenance. At its sole cost and expense Grantee shall construct and install the system within the Servient Estate, the construction and installation thereof to be performed in accordance with plans and specifications prepared by Grantee at its sole cost and expense and reviewed by Permanent Easement Page 1 of 4 ( Grantor(s) prior to the commencement of construction. By reviewing such plans and specifications Grantor( s) assume( s) no responsibility for any deficiencies or inadequacies in the design or construction of the system, and the responsibility therefor shall be and remain in Grantee. After construction and installation is completed, at its sole cost and expense Grantee shall maintain the system in good condition and repair and as required to satisfy all requirements of applicabJe laws, the policies of Grantee and sound engineering practices, and Grantee shall have access to and from and over and across the Servient Estate for the purposes of such repair and maintenance. If the adjoining property owned by Grantor(s) or the surface of the Servient Estate where the system is buried is damaged as a result of the construction or use or repair and maintenance of this Easement by Grantee, Grantee, at its sole cost and expense, shall repair and restore the same, to the extent reasonably practicable, to the same condition it was in prior to such damage. 3. Covenant Aqainst Permanent Improvements. Grantor(s) covenant(s) and agree(s) that (he/she/it/they) will not interfere with Grantee's use of thrs Easement, or with Grantee's ability to repair and maintain the system thereon, and hereby covenant and agree that, except for such fencing as is reasonabty required by Grantor(s) to secure (his/her/its/their) adjoining property and the Servient Estate, (he/she/iUthey) will not construct any permanent improvements on the Servient Estate or plant any trees or similar substantial perennial plants thereon. 4. Indemnity. Grantee agrees to defend, indemnify and hold Grantors hann(ess from any and all claims, losses, suits, causes of action, judgments, casuaJties or accidents, property damages, bodily injuries and the like (including any and aU costs, expenses and attorney fees incurred by Grantors) which may arise resulting from any work relating to the instaJlation , maintenance, replacement or repair of the sewer pipe and related facilities and use of the easement by Grantee, its agents, contractors, servants, employees or independent contractors~ 5. Covenants Run with the Land. This Easement shall be a burden upon the Servient Estate and shall run with the land. 6. Attorney's Fees and Costs. fn any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover their or its costs incurred therein, incJuding reasonable attorney's fees. 7. Exhibits. AJI exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. 8. Successors and Assiqns. This Agreement, the Easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the above- described Dominant and Servient Estates, or any portion thereof. 9. Recordation. This Agreement shall be recorded in the Real Property Records of Ada County, Idaho. Permanent Easement Page 2 of 4 ( 10. Timely Completion. After commencement of any construction, installation, maintenance, repairs or replacement, the Grantee will diligently prosecute and timely complete the work. Within 90 days, weather permitting, of completion of the work in the easement area, Grantee shall restore the premises used therefor to a condition comparable with that existing immediately prior to the commencement of any installation, maintenance, repairs or replacement of the pipe or sewer facilities or use of the easement area. 11. Future Maintenance and Repairs. Grantee shall have the right of access at all reasonable times to repair and maintain the sewer pipe and related facilities in the future at Grantee's sole expense. The permanent easement shaff be kept by Grantors in a condition at all times that the Grantee through its proper offices, agents or employees can enter upon the land without hindrance or obstruction. Grantee agrees to expediently replace and restore the premises to the condition the property was prior to the undertaking of repairs, maintenance or. replacement. This would include but not be limited to replacement of paving or landscaping disturbed by the Grantee's work. 12. Structures. Grantors covenant not to construct any permanent buildings or structures in the permanent easement area described in Exhibit A which would interiere with the easement Provided, however, the Grantor may construct a smaJl pressurized urban irrigation system pumping station on the north or south side of the easement area, so long as said station is a minimum of 1 0 horizontaJ feet from the underground sewer pipe. 13. Surface Improvements. Grantors may construct, micro-paths, fencing parallel to and along the easement fine, curbs, gutters, sidewatks, berms, lawns, open spacel landscaping and the like in any easement area. Trees are specifically excluded within 10 feet of the sewer line. Permanent Easement Page 3 of 4 ( IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year set forth above. CITY of Meridian GRANTORS: By Gary Smith, P.E., Public Works Director By:')::- . A ~ ~1AA ~ Printed: J (i'j. .. 1-1 (.J(l. ,.. l I By: Robert Corrie, rvfayor Date: ~ -- (; .- u L Social Security Number: ATTEST: By: Title: Printed: City Council Approval Date: Date: STATE OF IDAHO ) ) 55. County of Ada ) On this & -t "" day of (1 fr ~c.H , 20 O?- I before me, Ko5<; Jc. ~Iqcs.~ . a Notary Public in and for the State of Idaho, personally appeared ~~", Ii ~. fJoW~J+ . known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that (he/shelit/they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for fdaho Residing at -I1tjt,~ ~ l~ahO My commission expires 8 0[" Permanent Easement Page 4 of 4 { LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436438554 AND 50436417200 OWNED BY HOYVELL-J\lIURDOCH DEVELOPMENT CORP., INC. This permanent sanitary sewer easement is situated within the Nl/2 of the SEl/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. Being a strip of land 40 feet in width being 20 feet right and 20 feet left of the following described line: Beginning at a brass cap marking the Northeast comer of the SEll 4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Thence along the northerly line of said SEl/4 of Section 36 N89008'35"W, a distance 2680.36 feet to the NW corner of said SEl/4 ;_thence along the Westerly line of said SEl/4, SOo028/32"W, a distance of 30.51 feet to the POINT OF BEGINNING. Thence 589009'15" E, a distance of 119.96 feet to a point; 1)1ence SOoo28/52"W, a distance of 124.52 feet to a point; Thence 589008'35"E, a distance of 621.83 feet to a point; Thence S72027/28"E, a distance of 180.16 feet to a point; Thence NOoo23'51"E, a distance of 206.73 feet to a point; Thence SOoo23'51"W, a distance of 206.73 feet to a point; Thence S89014'08"E, a distance of 343.77 feet to a point; Thence N70004'24''E, a distance of 144.74 feet to a point; Thence S89008'35"E, a distance of 364.67 feet to a point; Thence NOoo51'25"E, a distance of 154..82 feet to a point; Thence SOoo51'25"W, a distance of 154.82 feet to a point; Thence S00051'25/1W, a distance of 326.99 feet to a point; Thence S38~09'20"E, a distance of 111.32 feet to a point; Thence N51 050' 40"E, a distance of 276.54 feet to a point; Thence N69010'25"E, a distance of 131.01 feet to a point; Thence 589008'35"E, a distance of 514.44 feet more or less to the easterly line of said SEll 4 and the END POINT of this sewer easement description. The easement described contains 2.69 acres more or less. EXHmIT A-l b N . ~ - . . r . . - . . - . . r- . . _N~~.OS'3.5~~ . .26S0...3.6':f: E 1/4 COR. l I I I SECTION LINE -,. 1 . - . . - . . - . - - . . - . . ---, SEC. 36 ~ ~, I I L_ ---l4---_____ I _----L9 -_..1 I 'N ~ -f- ---[---- ~ L l7 ~ 'co -- -- ----- --------l I . - -------- I I I~ I ~ J- ~ 40' PERMANENT EASEMEN r : ? /-\..''':=====~=--=-=-=-= 269 AC. I I ~/ :".-- ~ ~ ......,,' // / / ""v/ ~v/ SQ4J6438554 P.O.B. I I I J I I I I z: ~J o ,:=. z: ~ ~I ~ g. ~ ~i ~ .~ I I I I I I I L . . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . - . . _ . . _ . . -.l SE COR. W US liCK ROAD SEC. .36 LINE TABLE L1 500"2S'3200W 30.51" L2 589.09'15"E 119.96' L.3 500"2S'52"W 124.52' L4 589.0S..35"E 621.S3 LS 572"27'2SooE 180.16" L6 NOO.2.3'51"E 206.73' L 7 58914.0800E 343.77' LS N70"04'24"E 144.74' L9 589"08"35OOE 364.67' L 10 NOO.Sl"2S"E 154.82' L11 500.S1"2S'"W 326.99' 112 538"09"2000E 111.32' 113 N51.S0'40ooE 276.54' 114 N6910'25OOE 131.01' US 589.08'35OOE 514.44';t 50436417200 I I I :~ l?j :Q2 f .... u. ~I I J I J I I HOWELL -MURDOCH OEVELOPMEN T CORP. INC. Inst. #99096586 SECTION 36 T .4N., SE 1/4 R. 1 W., B.M. EXHIBIT A- 2 REV. NO. DESC. BY: CK/D: C IT Y 0 F' MER I 0 I f\ N I) U Fl I~ I C '\tV 0 R K S DRAwN BY: _BeL DA TE: ~~Gtl..ST ~_. 2001- PROJECT: CK'D BY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROVE;yD: "#, I _I ~ lA/ 5f/:I~z... LEGAL: A PORTION OF SEC. -~, D\JG. No: RW'. . '_'___ T.~N., R..:LW" 8.M" ADA COUNTY, CITY ENGINEER DATE IDAHO. SHEET 1 OF (0 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # 50436438554 AND 50436417200 OWNED BY HO\tVELL-MURDOCH DEVELOPrvrENT CORP., INC. This permanent sanitary sewer easement is situated within the N1/2 of the SEl/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. Being a strip of land 40 feet in width being 20 feet right and 20 feet left of the following described line: Beginning at a brass cap marking the Northeast corner of the SEll 4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Thence along the northerly line of said SEl/4 of Section 36 N89008'35"W, a distance 2680.36 feet to the NW comer of said SE1/4 ;_thence along the Westerly line of said SEl/4, SOoo28'32"W, a distance of 154.99 feet to the POINT OF BEGINNING. Thence S89008'35"E, a distance of 119.94 feet to a point also being the END POINT of this s~wer easement description. The easement described contains 0.11 acres more or less. EXffiBrT A-3 / ( ~_.I_- -7--- -' N89'08'3S"W 2680.36':1: i: 1/4 COR -l='C~flf - -'--'-"-"-"SECTIONLINE-'--::i::'-'--"--'-"--', Si:C.36 P,O.B. i- ':1=f~~~~~:~~~::':;\"::"-':'_~""-:-:~-:-~"I:;~._~~-=~~~:~=~~:=: .... ~::i;~;~==~~~J=~~~I~ I L 40' PERMANENT EASEMENT :', t.. .-';_ ~;-:_.' 0.11 AC. S04.36417200 ,_':S~;:/ J 504.364.38554 LINE TABLE "CD-"l3' \'~ 'f ~2 :kg~'15-~ I ~.3 SOO~j'52~)" L.... S39'O.:f j5"':: '-) S72~7'23":: '_:) ,~l\)D-:!J' 51 ~~ I ,., )..3:): ~'Cd~:: '_3 ...; 70 ,)....,..L -:=- '- J ~.3:r)a' 35 .~ I '...'.J >J00"'5:'2S":= _" see "S: ' 2.5" <I ~ L! ~:;.j.3 -::;~f 20~:: I ..: j .'-151"50' -t.J":: W ' 1_14 ."Is'r~ ~r 25-:: 1 J1. -J" ~ i ~;~ ~g~:~~:~ ~~~.~'. t g . 117 589'08'35'"E 119.94' ~i I I I I I I ~: ~ ..J I :g: -5 s:s .=.' ~ ~j ~ ~ J I J I I J I L - . - - . - - . - - - - - . - - . - . . - . . _ . . _ . _ _ . . _ . . _ _ _ _ _ _ _ _ _ _ . _ _ . . -.J SE COR. flY US71CK ROAD SEC. 36 :,,1.51' ': ), ~tr ~ 2 '-.52' 521.3.3 :30.1'3' ~OO. 7 J' S~J. 77' 1 "'-L. 1 ...' :,05 t.5 r : 5.......3 2' .5'2'::;.9J' : l :'J2' 2 75.5.1- 30' ~E~?C>R.3..K; ::,l..~-:c...~EN r 2.35 A.C. --" I , I ~ ,~ Q2 J l ~ I HOWELL - MuRDOCH OEVELOPMEN T CORP.. INC. Inst. #99096586 SECTION 36 SE T.4N., 1/4 R.lvV., B.M. EXHIBIT A-4 REV. NO, DESC, BY: CK'D: CITY Of' MERIDIAN f)UI3LIC: WOI~KS DRAwN BY: _BG... DA TE: ~~~ST ~_I 2001- PROJECT: CK'D BY: --~ SCALE: N.T.S. WHITE DRAIN SEWER TRUNK LINE APPROV~ED: '7 /;~ J -J. ~ U/ 5;8)< LEGAL: A PORTION OF SEC. -~. D\JG. No: R\J. _ _ ___ T.~N" R.1-W., 8.M., ADA COUNTY, CITY ENGINEER DA TE IDAHO. SHEET 1 OF _ ( TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of t 1 Howell-Murdoch Development Corporation, Inc. the uGRANTOR" and THE CITY OF MERIDIAN, a body politic and corporate of the State of Idaho1 the llGRANTEE"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the tems and conditions hereinafter set forth, GRANTOR does hereby grant to the GRANTEE an easement (the "EASEMENr) under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described or depicted on Exhibit "B-1 nand UB-2" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses by GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a sanitary sewer trunk for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for aJl other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such sewer construction and improvement, and for ingress and egress to and from the area of construction. 2. Use by Others Under GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE's elected officials, employees, contractors and agents. 3. Term This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture a~d terminate on the completion of the sanitary sewer trunk project construction within this easement. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and. this Easement shall be null and void and of no further force and effect. 4. Indemnity. Grantee agrees to defend, indemnify and hold Grantors harmless from any and all cJaims, losses, suits, causes of action. judgments, casualties or accidents, property damages, bodily injuries and the like (including any and all costs, expenses and attorney fees incurred by Grantors) which may arise resulting from any work relating to the installation, maintenance, replacement or repair of the sewer pipe and related facilities and use of the easement by Granteel its agents, contractors, servants, employees or independent contractors. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense. to at least as good a condition as existing on the date of this Indenture. Temporary Easement Page 1 of 2 ( 6. Bindinq Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns. TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants to the GRANTEE that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by (alternate, if Grantor is a corporation or other entity: /land on behalf of the') GRANTOR) the day, month and year herein first above written. CITY of Meridian GRANTORS: By Gary Smith~ P.E., Public Works Director BY<? (" -./} --;h,~ Printed: /( -t: v', V\ j) /.) (') LJ<: { / By: Robert Corrie, Mayor Date: 3 - ~~ ." U 1- Social Security Number: A TrEST: By: Title: Printed: City Council Approval Date: Date: Temporary Easement Page 2 of 2 ( P.O.8. 504.36438554 w. z. ~I o ;=.. w' <: 31' ~ 6 ~ =. ~ ~i ~ .~ J I I I I I I L .. - .. - . . - .. _.. - . . - . . _ . . _ . . _ .. _ . . _ . . _ _ _ _ . . _ _ . _ _. _. . ~ SE COR. ry US liCK ROAD SEC. 36 LINE TABLE 11 SOOLS' 32-W 30.51' L2 SS9.09'lS-E 119.96' L3 SOO.28'S2-W 124.52' L4 S89"'OS'35-E 621.83 L5 S72L7'2S-E 180.16' L6 NOO.23'Sl-E 206.73' L 7 SS914'OS-E 343.77' LB N70.04'24-E 144.74' L9 589.08'35-E 364.67' L10 NOO.S1 '25-E 154.82' 111 SOO.S1'2S.W 326.99' L 12 538.09'20-E 111..32' 113 N51.S0'40-E 276.54' L 14 N6910'25-E 131.01' US 589.08'35-E 514.44':t: 30' TEMPORARY EASEMEN T _hh_ 2...35 AC. I I I :~ I~ :ct: I ~ 50436417200 ~i I I I J I J PROPOSED CEDAR SPRINGS RESIDENTIAL SUBDIVISION HOWELL-MURDOCH DEVELOPMEN T CORP., INC. Inst. #99096586 SECTION 36 SE T.4N., 1/4 R.IW., B.M. EXHIBIT B-1 REV. NO. DESC. BY: CK/D: CITY OF MERIDIAN PUBLIC WORKS DRAwN BY: _B.<L DA TE: ~~GU~T ~_, 200.!. PROJECT: CK'D BY: __~ SCALE: N.T.S. APPROVED: WH ITE DRAIN SEWER TRUNK LINE CITY ENGINEER LEGAL: A PORTION OF SEC. _~, D\JG. No: R\J. T.!.N., R.1-W., 8.M., ADA COUN1Y, -- - - --- DATE IDAHO. SHEET 1 OF ( { ,.------ 30' TEMPORARY EASEMEN T \i\ 0 14 AC co" 0 ~ ~ N . ,ul~.j -r_~'l~l' b' - . . - . . - . " - . . _N~~.08'3.5~~ . .2680..3.6~~ '- .. i=-~ I : :' SECTION LINE : .~-~ ~ . . - - " - . . - . . - . " --, ~ X~ J:::. =- u =-.:-=- =L.:::-.::.:::--~_ ,:! /-.- r _" -: I '. !. ..l. L17 J rr--=--==l=::::-.I:)-J; .--'--~----~.~".~.:~~ L.' ---'. . ~ : I -. --~:-:-=~~: =-.:::- ;<:: --- . ~: ! I ~ P. O. 8. I 0 ; _ . ,_ _ _ _ i ; ~i .-_ ~\ _\ ;;-=_-._" -=--.:-=--=--=-;~===.~: '----~ ...) I':>=-;::?\t-\.~~::.....\j r :..ASE:\.lc.N r 'I.. . __-'._~_I N Lj) 'v !!.; /_(~,;:;,/-,--_u_---r-'--: 1_ 40' PERMANENT EASEMENT ~\'\>//\;,~/ 0.11 AC. 50436417200 (,~/ 50436438554 LINE TABLE I J I ~ I~ ~ , ~ I~ ~ I~ ~ I J I I I I f L .. - . . - . . - . . - .. - . . _ . . _ . . _ . i 5E COR .-....-....--......-....-....-.....--....-........-J . J1/. US TICK ROAD SEC. 36 I I I I J I ~ 1 500"'23' J2 "',.., I'" S89"C9'15":: LJ SOOL8' 5 2.w L4. 589-08'35"::: L5 S72~7'2a"E Lti NOOL3'Sl":: '"""J sag 1 4,'08"E: 1....3 N7Q'04'2 4,-:: L? $39"08'35"[ U Q .'100"'51' 25-:: U I SC{rS1'25"w L12 SJ.8U9'20"E !... 1 J ,~ 51 -SO' +o"E L14 NS910'Z5.:: U5 589-08' 35"::: L16 SOO'L8'32.W 117 S89"08'3S"E 50.5:' ! 1 ':J. J,oj' :.2,4.,52' 621.3.3 130.16' 2C6.73' J-lJ. 77' 14.7+' ~,.o:)~.ST 1 5--4.32' J'2"5. :19' ! 11.3.2' 275.5-+' lJ1.Ol' 514..+4'::: 154.99' 119.94' I 30' TE).~PCRARY EA.SE~E~i i --.J 2.J5 AC. w. z. ~I o ;:::.. u. b:1 I J J I I J PROPOSED CEDAR SPRINGS RESIDENTIAL SUBDIVISION HOWELL-MURDOCH DEVELOPMENT CORP.. INC. Inst. #99096586 SECTION 36 SE T.4N., 1/4 R. 1 W., B.M. REV, NO, DESC, BY: CITY OF MERIDIAN PUBLJIC "VOI~KS DRA\JN BY: _ECL DA TE: ~~~ST ~J 2001. PROJECT: CK/D BY: __~ SCALE: N.T.S. APPROVED: WH ITE DRAIN SEWER TRUNK E 1/4 COR. SEC. 36 , WIllI '" EXHIBIT 8-2 CK/D: LINE CITY ENGINEER LEGAL: A PORTION OF SEC. _~, D\JG. No: R\J, T.~N., R.1-W., 8.M., ADA COUNTY, -- - - --- DATE IDAHO. SHEET 1 OF _ ( t, May 31,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Michael McGuinness June 4, 2002 ITEM NO. 3 - m REQUEST Approve Beer / Liquor License Application for Michael McGuinness at Whitewater Saloon - 1646 N. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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: ~vV OTHER: Application copied to PW, P & Z and MPD for comment 5-30-02 Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. (~-- , May 31,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve BilJs June 4, 2002 ITEM NO. ~-AI 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. ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC, L.L.C. FOR APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.5, LOCATED EAST OF STODDARD ROAD AND NORTH OF VICTORY ROAD IN AN R-4 ZONE, MERIDIAN, IDAHO C/C 06/04/02 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-004 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on June 4, 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 Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 6 General Requirements and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Steve Arnold, 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 BEAR CREEK SUBDIVISION NO.5, A PORTION OF THE SE 'l4 OF SECTION 24, T.3N., R.IW., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, #10413 \10413-PLT BKB, 04/29/02, SHEET 1 OF 2, HANDWRITTEN DATE 4/29/02, AND STAMPED "RECEIVED MAY ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.5! (FP-02-004) - 1 ( 24,2002 CITY OF MERIDIAN CITY CLERK OFFICE, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS," Bear Creek, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department, dated May 29, 2002, listing 6 General Requirements and 18 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. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. 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. 7. The roadways shall be built to Ada County Highway Standards with a minimum clear street width of20' available at all times. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.5 / (FP-02-004) - 2 1.2 The Nampa & Meridian Irrigation District accepts the Final Plat for the project if a License Agreement is in place before the City of Meridian gives its final approvaL 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 4, 2002. RO R D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY~i$t~ ~ ~J 9-- City Clerk / Dated: '-10 -tJ 2- Z:\Work\M\Meridian\Meridian 15360M\Woodbridge No.2 FP02-002\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.5 / (FP-02-004) - 3 1tIAYOR Robert D. Corrie A Good Place to Live c.~rY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 -PAX (208) 887..4813 City aerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499- Fa..~ 288-2501 PUBLIC WORKS BUlLDlNG DEPAR'ThfENT (208) 887..2211 . Fa..'"{ 887..1297 PLANNWG AND ZONING DEP1\R1MENT (208) 884-5533 . FAX 888-6854 CITY COUNClL 1v1BvfBERS Keith Bird Tammy deWeerd Cherie McCandless William LM. Nary MEMORANDUM: To: May 29,2002 Mayor & City Council RE eEL V-ED Bruce Freckleton, Engineering Tech. ill ~ \I),Y 3 G 2002 Brad Hawkins-Clark, Planner III '~\.\L. . CITY OF MERIDIAN Request for a Final Plat Approval of Bear Creek Subdivision No. ~ IIroCS~~f' C F building lots, 8 other lots on 17.26 acres in an R-4 zone by Bear Creek, LLC (File # FP-02-004) From: Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Cou~cil: LOCATION & SURROUNDING USES The subject property is located east of S. Stoddard Road, and north of W. Victory Road. The parcels within this phase of development are currently zoned R-4. This is the fifth phase of the overall Bear Creek Preliminary Plat which includes 326 residential lots on 150.79 acres. The Kennedy Lateral (piped and within a 55-foot wide easement) separates the property on the eastern side of this phase from Elk Run Subdivision. The north, west and south boundaries of Phase 5 are existing phases of Bear Creek Subdivision. The property is designated as single family residential on the Meridian Comprehensive Plan's Generalized Land Use Map. -SITE-SPECIFIC~C01VfME-NTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. 2. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 3. Compaction test results must "be submitted to the Meridian Building Department for all building pads within lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year stann events for a period of time not to exceed 24 hours. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, perimeter fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All FP~2~4 f Bear ~reek Subdivision No.5 EX H I 8 IT '1\ 't I 0 -3 Mayor and Council ( May 29,2002 Page 2 development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. The record should be corrected to note that the Bear Creek No.5 Final Plat application incorrectly states there are 51 building lots and 4 other lots. It should read "50 building lots and 8 other lots." 7. All landscaping shall be installed as depicted on the landscaping plan submitted as part of the Final Plat application (Sheet L- 7 dated 10-16-01 by The Land Group), with the exception that the island within the S: Ice Bear Court cul-de-sac is considered "Not a Part" of this application and must be submitted separately as part of a future phase of Bear Creek Subdivision. All landscaping shall be installed prior to the issuance of any Certificates of Occupancy. 8. Permanent non-combustible fencing is to be installed on the western side of the Kennedy Lateral easement line (rear lot lines). The fencing should match the existing fencing in Bear Creek Phase 2. All required fencing shall be installed prior to issuance of any building permits. 9. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing gravity sewer main located in Overland Road. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Black Cat trunk development fee of$I,500.00 per dwelling unit shall be assessed against this development. Payment of the trunk development fee is required prior to signature on the final plat map by the City Engineer. 1 o. Water service to this site will be via extensions of existing mains installed in adjacent developments, as well as from the new domestic well within Phase I. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1 t._ AR:RliYaI1t~ ~ .~:Qgin~~r will. be J:e--'lIDr~d. to .suhmit .a. signe_d, _stamp.e.d_-statement --certifying~that~all street finish centerline elevations are set a minimum of three-feet above the highest established normal groundwater elevation. 12. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 13. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 14. Complete the Certificate of Owners and its accompanying Acknowledgment. 15. Please add or revise the following plat notes: FP..02-004 Bear Creek Subdivision No.5 EXHIBIT ttA" ~ of ~ Mayor and Council May 29, 2002 Page 3 ( \ 1. ". ..adjacent to any public street, and ten (10) feet adiacent to the subdivision boundary and/or rear lot lines, unless othenvise noted. ~ easement along the public streets shall not preclude. . . " 16. Graphically depict 5-foot-wide Public Utilities, Drainage, and Irrigation Easement along the north boundary of Lot 17 and 35, Block 5, Lot 27, Block 4, Lots 13 and 22, Block 7, and Lot 2, Block 22 (Side Lot Lines). 17. Submit plat sheet 2 to the Public Works Department for review and approval. Execute the Certificate of Owners and accompanying Acknowledgments. 18. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Warks Department. ,... 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 1 DO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. 'Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light - - ~con-traGtor- shall-obtain ..an- approved~design-and-pennit~from -the -Public -Works- Department-prior to commencing installations. 4. Submit "Final" 'letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fITe hydrant placement with the City of Meridian's Public Works Department. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FP..02-004 Bear Creek Subdivision No.5 EXHIBIT 'A" .3 of'3 ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BEAR CREEK, LLC FOR APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.6 LOCATED EAST OF STODDARD ROAD AND NORTH OF VICTORY ROAD, MERIDIAN, IDAHO C/C 06/04/02 ) ) ) ) ) ) ) ) ) ) CASE NO. FP-01-026 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on June 4, 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 Brad Hawkins-Clark Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 6 General Requirements and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Steve Arnold, 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 "BEAR CREEK SUBDIVISION, FINAL PLAT OPEN SPACE/COMMON LOT AREAS, DWG DATE: 04/25/02, DWG NO. 990211, SHEET 1 OF 1, BRIGGS ENGINEERING, INC.", Bear Creek, LLC, Developer, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.6 / (FP-OI-026) - 1 ( is Conditionally Approved subj ect 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 Brad Hawkins-Clark Planner II for the Planning and Zoning Department, dated May 30, 2002, listing 6 General Requirements and 18 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 Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Enviromnental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated tlrrough 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: 1.1.1 State of Idaho Catalog Of Storm water Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.1.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.2 The Meridian Fire Department requires the following: 2.1 That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 2.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BEAR CREEK SUBDIVISION NO.6 / (FP-O 1-026) - 2 ( ( 2.3 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 2.4 Fire approval of fire hydrant locations shall be by the Fire Department. 2.5 All radii shall be 28' inside and 48' outside radius. 2.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 2.7 Any dead-end exceeding 150' in length as the result of a phasing process shall require an approved turn-around. 1.3 The Nampa & Meridian Irrigation District reserves all comment on the Final Plat until all of the District's requirements are met. 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 meetin By: R RTD.CORRIE Mayor, City of Meridian \\,,,"'ulH' Copy served upon Applicant, the Planning and Zoning Department, Public W~rlt'S\~~lt4r1); and :Y:Y. ~ .~ () 6 f"~~(p~OIVl:-11;\ B~~/.,.,..r ~ Dated: -Io--?JZ! ~ () \ City Clerk ~ SEAL :: Z:\Work\M\Meridian\Meridian 15360M\Bear Creek Sub No.6 FPOI-026\OrderFP060402.doc i'. 9J ..- ~ nO ~ ~ Q ,\,.1 0 -- ~""1/\ US, 1Si . - ~ .$" "/ V ~""<.. ~ ., ..../,;'".. ~ C . '\V .. ~)' //1/1 OLJ!3Ti f \\\\":- III . \\\ IJn;;i~ nii"\\\ ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR BEAR CREEK SUBDMSION NO.6 / (FP-OI-026) ,../ /' lvIAYOR Raben D. Corrie A G00d Place to -uv.e CJ. TYOF MERIDIAN CITY COUNCIL MEMBERS Keith Bird Tammy deW eerd Cherie McCandless William LM. Nary 33 EAST IDAHO 1vfERIDIAN, IDAHO 83642 (208) 888-4433 .FAX (208) 887-4813 City Oerk Office Fax (208) 888-4218 'LEGAL DEPARTMENT _(208) 288-2499- Fax 288-2501 PUB~J.C WORKS BUILDlNG DEPARTMENT (208) 887..2211 .Fax 887-1297 PLANNIN"G AND ZONING D EP AR ThfEr'.IT (208) 884-5533 · FAX 888-6854 MEMORANDU1\tI: To: May 30, 2002 Mayor & City Council .RE C E IVED Bruce Freckleton, Assistant to City Enginee~ ;\iA Y .3 D 2002 Brad Hawkins-Clark, Planner III '~\.\L CITY OF MERIDIAN Request for Final Plat Approval of Bear Creek Subdivision No. ~II'3'1~~1f'Cf=" . Building Lots, 4 Other Lots on 13.85 Acres in an R-4 Zone by Bear Creek, LLC (File # FP-Ol-026) From: Re: We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is located east of S. Stoddard Road, and north of W. Victory Road. The parcels within this phase of development are currently zoned R-4. This is the sixth of seven planned phases of the. overall Bear Creek Preliminary Plat which includes 326 residential lots on 150.79 acres. The northern, western and southern boundaries are all. other phases of Bear Creek Subdivision. The northeastern boundary abuts the land owned by the Church of the Nazarene zoned R-8, and the southeastern boundary borders land in Ada County zoned Rural Urban Transition (RUT). The property is designated as single-family residential on the Meridian Comprehensive Plan's Generalized Land Use Map. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement. . 2. Applicant has indicated that the pressurized irrigation system within this development is to be' owned and maintained by the Nampa & Meridian Irrigation District. 3. Compaction te~t results must be submitted to' the Meridian Building Department for all building pads within lots receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during-25-year storm events for a period of time not to exceed 24 hours. 5. Street siglls are to be in place, water system shall be approved and activated, pressurized irrigation. system approved and activated, drainage lots constructed, perimeter fencing installed, and road ~base approved by the Ada County Highway District prior to applying for building permits. All FP..Q 1-026 Bear Creek Subdivision No. 6 EXHIBIT itA- I of3 #J/ ~......... , -J-~ j~-- !;-L.L~_ ,,: ~'w; Mayor and Council May 30, 20'02 Page 2 (' development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. All landscaping shall be installed as depicted on the landscaping plan submitted as part of the Final Plat application (Sheet L-8, dated 12-11-01, The Land Group). All landscaping shall be installed prior to the issuance of any Certificates of Occupancy. 7. Permanent fencing is to be il1stalled along the east boundary. The fencing should match the existing, adjacent fencing in Bear Creek Phases 1 and 4. All required fencing shall be installed prior to issuance of any building permits. 8. Sanitary sewer service to this site will be via a temporary lift station pumping to an existing gravity sewer main located in Overland Road. Appljcant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Black Cat trunk development fee of$I,500.00 per dwelling unit shall be assessed against this development. Payment of the trunk development fee is required prior to signature on the final plat map by the City Engineer. 9. Water service to this site will be via extensions of existing mains in~talled in adjacent developments, as well as from the new domestic well within Phase 1. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to . coordit;1ate main sizing and routing with the Public Works Department. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying 'that all street finish centerline elevations are set a minimum of thr~e feet above the highest established normal groundwater elevation. 11. Sidewalks are to provide a cle~ five-foot-wide walkway pathway without encroachment of mailbox structures. 12. Submit copies of proposed restrictive covenants and deed restrictions for review by the City Attorney's office. 13. Please add or revise the following plat notes: 1. "...adjacent to any public street, and ten nO) feet adjacent to the subdivision boundary, and/or rear lot lines. unless otherwise noted. ThisQ easement along the public streets shall not preclude... " 14. Graphically depict five-foot-wide Public Utilities, Drainage, and Irrigation Easement along the south boundary afLet 7, Block 14 (side lot lines). 15. Execute the Certificate of Owners and accompanying Acknowledgments. FP-O 1-026 Bear Creek Subdivision No. 6 EXHIBIT 'tA" ;l of 3 ~/ Mayor and Council' . May 30, 2002 P~ge 3 / . -\ ,:1'-1 ; . ~~ _ r r- 16. According to the Ada County Street Name Committee's 12/2712001 "Final" revie~ letter, ''W.' ........ Stegerman Drive" is not approved~ -._., '.,:, 17. Revise the year of platting to "2002" ~ -, 18. Staffs failure to cite s.pecffic ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches;, ,laterals or canals, exclusive of natural waterways, intersecting, crossing or lying' adjacent-and' contiguous to the area being subdivided shall be~tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainag~ district, or lateral users association, with' written confirmation of said approval submitted to the Public Works Department. 2., Any existing domestic wells and/or septic syste;ms within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Departm~nt. All streetlights shall be installed at subdivider's' expense. Typical locations are ~t street intersections and/or fire hydrants. . Final design lo'cations and quantity are detern:l.ii1ed after power desigtls .are completed by Idaho Power Company. The street light ,c,ontractor shail obtain an approved design and permit from the Public Works Department prior to commencing installations. 4. Submit "F~a~'-' .letter from the Ada,' County Street Name Committee, approving the subdivision and.stree~ names. Make any qorrections necessary to conform. . 5~ .. Coordinate fire hydrant placement-with the City of Meridian's Public'W~rks Department. ", Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. '- FP-Q 1-026 '- ~ -' :aear Creek ~ubdivision No.6 eXHIBIT "At'3of 3 t\OA co. UN... TY RECORDER ~ .). ~~YJ~,~~X~~RO ~yo 2002 IN '4 PM 3: 24 ( Mt;.H1Ulh\'i (;11 Y CI1YOFMERIDIAN ORDINANCE NO. (12- 9 ~ 2-. AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY THE LESLIE FAMILY TRUST AND MOORE FAMILY TRUST AND TO BE KNOWN AS CEDAR SPRINGS SUBDMSION LOCATED NORTHWEST OF N. MERIDIAN ROAD AND WEST USTICK ROAD AND WHICH 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND 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: SECfION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being a portion of the SE 1/4, Section 36, T.4N., R.IW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a found 1/2" iron pin marking the Southwest corner of said SE 1/4, Section 36 (South 1/4 corner), THE REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-OO-019) - 1 ( thence South 89019'43" East 462.63 feet (formerly South 89020'51" East), along the Southerly line of said SE 1/4, Section 36, and along the center line of Ustick Road, to a set 5/8" iron pin and cap marking the most Southwesterly corner of those lands excepted from Parcell, as it is described in Quitclaim Deed Instrument No. 99123670, Records of Ada County, Idaho, from which corner a found 3-1/4" Ada County Engineer Aluminum Cap, monumenting the Southeast corner of said Section 36 bears South 89019'43" East, 2,199.57 feet, as shown on that certain Record of Survey No. 4958, recorded April 21, 2000, as Instrument No. 100030102, Records of Ada County, Idaho; thence leaving said Southerly line and said center line North 00028'24" East, 258.01 feet along the Southerly extension of a an existing North-South fence line, to a slight angle point in said fence line; thence North 01018'10" East, 105.78 feet along said fence line; thence North 01059'18" East, 79.41 feet to an angle point in said fence; thence South 88035'37" East, 4.11 feet along an East-West fence line to a found 5/8 inch iron pin and cap PLS 8248, being an angle point in the Westerly boundary of said excepted lands from Parcell of Instrument No. 99123670; thence continuing South 88035'37" East, 129.61 feet along ajog in said Westerly boundary of those excepted lands, to a found 1/2" iron pin; thence North 01025'10" East, 886.69 feet (formerly North 01024'08" East, 886.62 feet), along said Westerly line of those excepted lands, to a set 5/8" iron pin and cap, marking the Northwest corner of said excepted lands, being a point on the Southerly line of the N 1/2, SE 1/4, Section 36, from which point a found 1/2" iron pin marking the SE 1/16 corner of said Section 36, bears South 89014'39" East, 52.99 feet (formerly South 89015'45" East); thence South 89014'39" East, 1,596.37 feet (formerly South 89015'45" East, 1,596.29 feet), along said Southerly line, to a found 5/8" iron pin marking the Northeast corner of a parcel of land, as it is described in Book 181 of Deeds at page 67, Records of Ada County, Idaho; thence South 00051'23" West, 200.59 feet (formerly South 00050'16" West), to a found 5/8" iron pin marking the Southeast corner of said parcel of land Book 181, page 67; thence South 89010'45" East, 435.10 feet (formerly South 89012'23" East, 435.18 feet), to a found 5/8" iron pin marking a point on the Westerly right-af-way of Meridian Road; ANNEXATION AND ZONING ORDINANCE (AZ-OO-019) - 2 ( thence continuing South 89010'45" East, 25.00 feet to a point on the Easterly line of said SE1/4, Section 36, also being the centerline of Meridian Road; thence North 00051'23" East, 1,526.16 feet (formerly North 00050'16" East) along said Easterly line and said centerline, to a found 5/8" iron pin and cap marking the NE corner of said SE 1/4, Section 36 (East 1/4 corner); thence North 89009'38" West, 25.00 feet (formerly North 89010'42" West) along the Northerly line of said SE 1/4, Section 36 to a set 5/8" iron pin and cap on said Westerly right-of-way of Meridian Road; thence continuing North 89009'38" West, 2,655.40 feet along said Northerly line, to the Northwest corner of said SE 1/4, Section 36 (Center 1/4 corner), from which corner a set 5/8" iron pin and cap (a witness corner), bears South 00027'49" West, 15.00 feet; thence South 00027'49" West, 2,657.96 feet (formerly South 00026'40" West), along the Westerly line of said SE 1/4, Section 36 to the REAL POINT OF BEGINNING; Containing an area of 100.71 acres, more or less. SECfION 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. SECfION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R -4). SECfION 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. SECfION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-OO-019) - 3 ( SECfION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECfION 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, 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 f 63-2215 and I 50-223. ~'f(_ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of ~~ ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~ ,2002. ~A TY CLERK First Reading: b -~-tJ 2-- :: SEAL ~ Adopted after first reading b~P ~n of the~ e afallowed pursuant to Idaho Code 50-902 Yes: ~... -Yo ~r lS~ · oR ,~- Second Reading: - .........~ ~ 0 ~~......~' Th. d R d. '//1 OUNT'! t \\' Ir ea lUg: II/II 'I ~ \\\\ \ \ \\ dIn n STATE OF IDAHO,) : ss. ANNEXATION AND ZONING ORDINANCE (AZ-OO-019) - 4 ( County of Ada. ) On this 4 day of dWV\J..J , 2002, 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. ....... ~VtM<rn 0 '~ ~ON8~~ ~> (SEAL) ..~'TA~~.k NOTARY PUBliC ~OR IDAHO I d _ r .~~'~O -~J..."..iJ... RESIDING AT: t:!riPA Co~~o.(}JLO :~{ , : MY COMMISSION EXPIRES: - -06 z:\WOrk\M\Meridi~\~ridian 15360M~dJSPgs (2002) AZOO-019 PPoo-018\AZOrd.doc +. &';:....!:t:JIIL~,'A)... · . -('~ "..;.--....;n. ~. ..~..tSOF~.. ....... ANNEXATION AND ZONING ORDINANCE (AZ-OO-019) - 5 ( ( CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. c:> 2 - if ~ 2-, passed by the City Council of the City of Meridian, on the ~ !-~ day of dU n e. 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\\l" tt ''''',/ ""~ of Ml:R!~'1111 ~ ~:~ -_Qp()t) A ~'f;/'l/.. &_ ~ () f v~O'~_.~~o \ ~~FTI ~ ~ SEAL ~WILLIAM G. BERG, JR. ~ ~ & = s. (/Q ~C5 0 2 STATE OF IDAHo"1<) us/ )s'\_>,> '":~<' ! // ":4j ~-~~-~. ~ ::-', .. ,....... /<~,. C - SSe ",'- ,-,".' County of Ada, ) On this 4 day of ~~ ' in the year 1-00'2., before me, 9J~~ (~~t\rv , 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) ....... .... .......M_~.A:~.. · ". 'tA~~~ .. ,.~;. 0 - "'-q' .~"~~. ,. Go,' ~- tr" ':."... . I \ · a ( \ · ~ \ 1.' : . . . . ...cP;:,!:'c1BL~,'A9..e ."'.;:z~--'" ~~.. ...'(l:$0J! ~.+ ........ ~ Vt QAo-n Sm;+t0 Notary Public for Idaho Commission Expires: 4 - Z-~ -06 z:\ Work\M\Meridian\Meridian 15360M\Cedar Spgs (2002) AZoO-019 PPoo-o18\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-OO-O 19 1 ,< ( ~ WwWWW3';w3= Ct ~ a a r: ~ t ;: :; ~AN~~J:)~~~~ a=:ccooeniolo;-om L5~r!P~t"~:-P mo--oo<X)omO) OoO(()OOOCX>OO ZZZU)(I)U)(()Z -- ~ CO < ...... wfEo~:;t~<O~OO ~~criuioi~md~q ~WLOOf'..~N01l)1O --1<"1..- _NNN w Z~<"Jf").q-lO<O"""ro :J -I-J-J..J...J-I-I <Xl ,9L.9ZSL 3"~Z~O N ,...... -I CR:f NYfOiH3W N W :t Il) .. I_v ~ o · rtO m"" COV U) 91 J.a..I en;"'" . tt"1i """ z o if) >;: Ooc- (lJn:: :::)Z (/).q- r- aUl Z<.9<O Ztl') W-z 00:::0 Zo....r- -<((f)~ Zn::U) -<( 00 et::W Ou .:!Jl. L.. o a.. ..'(1 o J (/) ~ m o o N Z~N <(-~ - ::> f'") QU1ro 0::: ci 0 W~~ ~oo f-- LLCt::A O~~ >- 3;~ t- a.J ~ UO <0 <.0 i <( a:::: o N ~ ~<<:J Ztf) W <i~ <...) <( PUBLIC HEARING SIGN-UP SHEET DATE 4-Jun-02 PROJECT NUMBER CUP 02-008 PROJECT NAME Moxie Java NAME FOR AGAINST RECEIVEr) JUN ~..4 .2002 City of Meridian Ulty lilerK lJTIICl; PUBLIC HEARING SIGN-UP SHEET DATE 4-Jun-02 PROJECT NUMBER VAR 02-006 PROJECT NAME Locust Grove Ltd., LLC - NAME FOR AGAINST ;;. 0> rAJLf 1k1/J-tJ L~ ~...; , ~ dlEP RECE1.V ~D JUN -:.../t "'1n~ r i + ,.,. ,("t r - '" - --, ~{; .. .-, ( PUBLIC HEARING SIGN-UP SHEET DATE 4-Jun-02 PROJECT NUMBER AZ 02-007 PROJECT NAME Marlin Subdivision NAME FOR AGAINST II C:f'+o~ L/ Geu rt\z. -WIll ~,(f1Ji? r/ RECEIVE D IIIN ~,.4 20P" City QfMeridiat1 CIty Ulerk l)t!lC(~ 1/ \. PUBLIC HEARING SIGN-UP SHEET DATE 4-J u n-02 PROJECT NUMBER PP 02-008 PROJECT NAME Marlin Subdivision NAME FOR AGAINST he t') (Y-R bo(' ~ ~ V- ~ rd. htJr-h1l ~ -- RECEI\TTT; ~."..; JUN ~~.4 2002 Q~ty Qf M_erlc!ian l.il'ty I ;I~""t.l' UIIlce / \, PUBLIC HEARING SIGN-UP SHEET DATE 4-Jun-02 PROJECT NUMBER CUP 02-010 PROJECT NAME Marlin Subdivision NAME FOR AGAINST b-'4sr-r.IL bdf/rtn V' ~ -r;;- ~ trl ,..}-,." 1/1 V '-' -1.. ~ RECEIVEI~ JUN ~~,4 2002 ~}ty of Meridian L __ "... '.1""'10. ...... '-J4"~ ""- ~ ..... 01 It'l - '-' ~ .................. I \ PUBLIC HEARING SIGN-UP SHEET DATE 4-J u n-02 PROJECT NUMBER CUP 02-009 PROJECT NAME Thornton Four-Plex NAME FOR AGAINST OQ W\ el 0 "'" cJ t( l,'Cf ~ ( ~ R~UJ-\: f. ' f . ( JUN -.4 ?OD2 City of Meridian City Clerk OfficE /<'-'- \ ** TX CONFIRMATION REPORT ** AS OF MAY 31 '02 16:59 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 04 05/31 16:12 3810160 EC--S 02'03" 004 130 OK 0S 05/31 16:15 PUBLIC WORKS UF--S 00'58" 004 130 OK 06 05/31 16:16 2088881193 EC--S 01'11" 004 130 OK 07 05/31 16:18 8841159 EC--S 01' 13" 004 130 OK 08 05/31 16:20 2088840744 EC--S 01'11" 004 130 OK 09 05/31 16:21 2088845077 EC--S 01' 13" 004 130 OK 10 05/31 16:23 208 898 5501 EC--S 01'11" 004 130 OK 11 05/31 16:25 LIBRARY EC--S 01'33" 004 130 OK 12 05/31 16:27 92083776449 EC--S 01'11" 004 130 OK 13 05/31 16:28 208 388 6924 EC--S 01'33" 004 130 OK 14 05/31 16:30 888 6854 EC--S 01'12" 004 130 OK 15 05/31 16:32 2083757154 EC--S 01'11" 004 130 OK 16 05/31 16:34 8950390 EC--S 01'11" 004 130 OK 17 05/31 16:36 laurel EC--S 01' 13" 004 130 OK 18 05/31 16:37 208 387 6393 EC--S 01'11" 004 130 OK 19 05/31 16:39 ADA CTY DEUELMT G3--S 02'18" 004 130 OK 20 05/31 16:42 CHERIE MCCANDLES EC--S 01'32" 004 130 OK 21 05/31 16:44 CHERRY LANE EC--S 01'33" 004 130 OK 22 05/31 16:46 POST OFFICE EC--S 02' 03" 004 130 OK 23 05/31 16:49 208 888 1983 G3--S 01'41" 004 130 OK 24 05/31 16:51 Walter R Johnson EC--S 01'14" 004 130 OK 25 05/31 16:53 ID PRESS TRIBUNE EC--S 01'13" 004 130 OK 26 05/31 16:58 208 888 6700 EC--S 01'12" 004 130 OK -------------------------------------------------------------------------------------------- Plitl8~ ?osi for ?(L~ ~O+tC<J- 'lhlMl/Cd! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 4, 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 14. 2002 City Council Workshop: B. Approve minutes from May 15. 2002 City Council Special Meetina: ( . 17 iPLlse, 'yos-t for ?(L~ '-YLt>fi'Cu- 1:hP/Yl~8C CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 4, 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 14, 2002 City Council Workshop: B. Approve minutes from May 15, 2002 City Council Special Meeting: c. Development Agreement: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Sprinas by Kevin Howell Development - northwest comer of North Meridian Road and West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones .for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: E. Findings of Facts and Conclusions of Law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: F. Findings of Facts and Conclusions of Law for Approval: CUP 02-007 Request for a Conditional Use Permit for a Planned Development for single-family residential dwellings, private open space with club house, gazebo, parks and neighborhood scaled commercial site for proposed Heritaae Commons by Brighto.n Meridian City Council Agenda - June 4, 2002 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. r \. Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Road: G. Findings of Facts and Conclusions of Law for Approval: VAC 02-002 Request for a Vacation for unopened future streets within lots 5 and 6, block 1 of Timothy Subdivision for Pack It Up Subdivision by Pinnacle Engineers, Inc. - west of South Locust Grove Road and north of East Overland Road: H. Findings of Facts and Conclusions of Law for Approval: VAR 02-004 Request for a Variance to allow a second time extension for recording the final plat for Pack It Up Subdivision (formerly Overland Mini Storage Subdivision) by Pinnacle Engineers, Inc. - west of South Locust Grove Road and north of East Overland Road: I. Findings of Facts and Conclusions of Law for Approval: VAR 02-001 Request for a Variance to the landscape requirements for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: J. Findings of Facts and Conclusions of Law for Approval: PFP 02-001 Request for Preliminary/Final Plat approval of 4 building lots on 6 acres in a C-G zone for Intermountain Outdoor Subdivision by Hubble Engineering, Inc. - 1375 East Fairview Avenue: K. White Drain Sewer Trunk Easement, John Kennedy: L. White Drain Sewer Trunk Easement, Howell-Murdoch Easement: M. Approve Beer I Liquor License Application for Michael McGuinness at Whitewater Saloon -1646 N. Meridian Road: N. Approve Bills: 4. Department Reports 5. (Items Moved from Consent Agenda) 6. Continued Public Hearing from May 7, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: 7. Continued Public Hearing from May 21,2002: Proposed Amendment to the Comprehensive Plan for the City of Meridian: Meridian City Council Agenda - June 4, 2002 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and! or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( \ 8. Tabled from May 21, .2002: FP 02-004 Request for Final Plat approval of 51 building lots and 4 other lots on 20.76 acres in an R-4 zone for Bear Creek Subdivision No.5 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: 9~ Tabled from May 21, 2002: FP 01-026 Request for Final Plat approval of 31 building lots and 4 other lots on 13.85 acres in an R-4 zone for Bear Creek Subdivision No.6 by Bear Creek, LLC - east of Stoddard Road and north of Victory Road: 10. Ordinance No. ZA 02-001 (Amberstone Zonina Amendment) Request for amendment to Zoning and Subdivision Ordinance by Jim Jewett and B & A Engineers: 11. Closed Public Hearing Tabled from May 21, 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: 12. Closed Public Hearing Tabled from May 21, 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: 13. Ordinance No. AZ 00-019 Request for annexation and zoning of 1 00.71 acres from RUT to R-4 zones for Revised Cedar Sprinas by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: 14. Public Hearing: 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: 15. Public Hearing: 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: 16. Public Hearing: 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: Meridian City Council Agenda - June 4, 2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk.' s Office at 888-4433 at least 48 hours prior to the public meeting. 17. Public Hearing: 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: 18. Public Hearing: 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: 19. Public Hearing: VAR 02-006 Request for a variance to city ordinance to allow an off premise sign at the southeast comer of E. Fairview Avenue and N. Locust Grove Road by Locust Grove Ltd.. LLC: Meridian City Council Agenda - June 4, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior-to the public meeting. ( I r ** TX Cr1\ 'MATION REPORT ** AS OF JUN 04 'l2Jv. ...3:08 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 19 06/04 22:39 3810160 EC--S 02' 16" 004 175 OK 20 06/04 22:42 PUBLIC WORKS UF--S 01 ' 06" 12'04 175 OK 21 06/04 22: 44 20B8881193 EC--S 01' 19" 004 175 OK 22 06/04 22: 45 8841159 EC--S 01' 20" 004 175 OK 23 06/04 22:47 2088840744 EC--S 01' 20" 004 175 OK 24 06/04 22: 49 2088845077 EC--S 01' 22" 12'04 175 OK 25 06/04 22: 51 208 898 SS01 EC--S 01 ' 19" 012'4 175 OK 26 06/04 22:53 LIBRARY EC--S 01' 45" 12'12'4 175 OK Z7 06/04 22:55 92083776449 EC--S 131' 19" 12'04 175 OK 28 06/04 22: 57 200 388 6924 EC--S 01' 44" 004 175 OK 29 06/04 22: 59 888 6854 EC--S 132' 16" 004 175 OK 30 06/04 23:02 8950390 EC--S 131' 19" 004 175 OK 31 06/04 23: 03 208 387 6393 EC--S 01' 19" 004 175 OK 32 06/04 23:05 ADA CTY DEUELMT G3--S 02' 20" 004 175 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 4, 2002, at 6:30 p.m. City Council Chambers 1. RoJl-call Attendance: _X Tammy de Weerd X Bill Nary ~ Cherie ~Candless =x::::: Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: ~tr< af ~~ 3. Consent Agenda: A.. Approve minutes from May 14. 2002 City Council Workshop: ~V'-t.- Approve minutes from May 15,2002 City Council Special Meeting: DeV~greement: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for R~Yised Cedar SDrings by Kevin Howetl Development - northwest corner of North Meridian Road and West Ustick Road: Findi~;:; and Conclusions of Law for Approval: AZ 02- 006 Request for annexation and zoning of 76.16 acres from RUT to R-B zones for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road anQ East Ustick Road: ~~ ~ !i ~ - tfl.J3Yn'vte a.s ~ Findings of Facts and Conclusions of Law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 bUilding Jots and 12 other Jots on 75.39 acres in a proposed R-8 zone for proposed Heritaoe Commons by Brighton Corporation - west side of North locust Grove Road between East McMillan Road and East Ustick Roact frvO ~ ..;..e, ~ E - U4?)t?Y"P ~ (:2.r ~~~ Findings of Facts and Conclusions of Law for Approval; CUP 02..007 Request for a Conditional Use Permit for a Planned Development for single-family residential dwellings, private open space wjth club hOUse, gazebo, parks and neighborhood scaled commercial site for proposed HeritaGe Commons by Brighton Mcrldim City CouIIC"t'] .olgetada - June ~ 2002 hgt I or 4 All JDaI.a'i:lJ.J prcsentad S1 pubJic meeting3 sh.olJ become propl:l1y or lbt: City or McrlcSan. AnyON: deiring aooommodofioo. for diAbiJ.it~ rct.ted to documms mdlor b.cari.ng pleASe ~"* the City CJm?, Office .u ha..M33. II kuz 48 hours prior 10 Ibt pubJto moet.ing. B.. c.. 5" - D. ~- E. ~- F. ;' / ** TX CONFl ,rION REPORT ** /~ \ AS OF JUN 04 ~~2 23=19 PAGE. 01 CITY OF MERIDIAN 01 02 03 04 05 DATE TIME TO/FROM 06/04 23: 08 CHERRY LANE 06/04 23:10 POST OFFICE 06/04 23= 13 208 888 1983 06/04 23= 15 208 467 9562 06/04 23= 18 208 888 6700 CMDtt STATUS 175 OK 175 OK 175 OK 175 OK 175 OK -------------------------------------------------------------------------------------------- MODE EC--S EC--S G3--S EC--S EC--S MIN/SEC PGS 01'46" 004 02'16" 004 01'45" 004 01'45" 004 01'19" 004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 4. 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: J_ Tammy de Weerd >< Bill Nary ~ Cherie ~Candless :=K: Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: ~v< a.f d,~ 3. Consent Agenda: ~-D. ~- E. ~- F. A. Approve minutes from May 14, 2002 City Council Workshop: ~V"-t- Approve minutes from May 15, 2002 City Council Special Meeting: Dev~Agreement: AZ. 00-019 Request for annexation and zoning of 100.71 acres from RUT to R4 zones for R~vised Cedar SDrlnQ! by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: ~~ Findings of Fact and Conclusions of Law for Approval: AZ. 02- 006 Request for annexation and zoning of 76.16 acres from RUT to R-8 zones for proposed Heritaae Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road anq East Ustick Road: h-o~ ~ !1 tJ - tZPJ"rPVte. as ~ Findings of Facts and Conclusions of law for Approval: PP 02-007 Request for Preliminary Plat approval of 273 building lots and 12 other lots on 75.39 acres in a proposed R-8 zone for proposed Heritaoe Commons by Brighton Corporation - west side of North Locust Grove Road between East McMillan Road and East Ustick Roact frvO~ ~ S- I? - W/?~~ ttJ" a~P<- Findings of Facts and Conclusions of law for Approval: CUP 02-007 Request for a Conditional Use Permit for a Planned Development for single-family residential dwellings, private open space with club house, gazebo, parks and neighborhood scaled commercial site for proposed Heritaae Commons by Brighton Mctidian City Councit Agenda - June ~ 2002 Page 1 or 4 All mar.c:ria.b preunted u public meetings sho11 become property oftbe City orM~dim. Anyone dtriring. aooommodntioo. for disabilities rC'lak:d to docum.cru aUlor hcari.ng plCftSc: contact the City CJak'i Office at 8:88-4433 :u le:ut 48 hours prior 10 Ibt public Dledling. B. c.