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HomeMy WebLinkAbout1999 06-01 ( ( \ 2. TABLED: ORDINANCE # - ADD ASSISTANT FIRE CHIEF: 3. TABLED 5/18/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE - SOUTH OF PINE STREET, NORTH OF HWY 3D/FRANKLIN ROAD, ON LINDER ROAD: (CONTINUE UNTIL JUNE 15,1999) 4. DEVELOPMENT AGREEMENT FOR KATHLEEN & WENDELL LAWRENCE: (APPROVE WITH RESOLUTION #233) 5. ORDINANCE #827 - ANNEXA liON AND ZONING FOR KATHLEEN & WENDELL LAWRENCE: (APPROVE) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-BROADWAY & 8TH STREET (725 W. 8TH): (APPROVE MODIFIED FINDINGS) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES (FOR L-Q ZONING) BY LOMBARD CONRAD ARCHITECT8-1985 BLACK CAT: (APPROVE MODIFIED FINDINGS) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION.& ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CUL VER-911 E PINE STREET: (APPROVE) 9. DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: (TABLE UNTIL JUNE 15, 1999) 10. ORDINANCE # - ANNEXATION AND ZONING OF HARTFORD SUBDIVISION: (TABLE UNTIL JUNE 15, 1999) 11. REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER - NE CORNER OF WILSON & LOCUST GROVE: (A TIORNEY TO PREPARE FINDINGS) 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS ON ONE LOT BY WES WORCESTER D/B/A SANTEE CONSTRUCTION- SOUTH OF E. PINE ST. & WEST OF N. RALSTIN ST.: (ATTORNEY TO PREPARE FINDINGS) 13. REQUEST FOR A CONDITIONAL USE PERMIT FOR A BANK WITH DRIVE- THRU LANES BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL)- SE CORNER OF FRANKLIN & MERIDIAN RD: (ATTORNEY TO PREPARE FINDINGS) 14. REQUEST FOR A CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY-NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & SEAGLE RD (2400 E. OVERLAND RD): (ATTORNEY TO PREPARE FINDINGS) 15. FINAL PLAT FOR MIDVALLEY BUSINESS PARK BY HUBBLE ENGINEERING - NORTH OF 1-84, WEST OF EAGLE ROAD ON THE SOUTHWEST CORNER OF E. MAGIC VIEW DRIVE AND S. ALLEN STREET: (APPROVE) ( ( F. RON ANDERSON: 1. UPDATE ON NEW FIRE STATIONS: G. CHARLIE ROUNTREE: 1. SOLID WASTE AD HOC ADVISORY COMMITTEE UPDATE: (- 16. FINAL PLAT FOR THOUSAND SPRINGS NO.5 BY FARWEST LLC (MARTY GOLDSMITH) - NORTH OF VICTORY AND WEST OF EAGLE ROAD: (APPROVE) 17. WATER I SEWER I TRASH DELINQUENCIES: (APPROVE) 18. DEPARTMENT REPORTS: A. TOM KUNTZ: (SICK- NOT AVAILABLE) 1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND RECREATION COMPREHENSIVE PLAN: (UPDATE NEXT MEETING) 2. RECOMMENDATION TO RESTRICT DOGS IN TULLY PARK: (NEXT MEETING) B. GARY SMITH: 1. ADOPTION OF CITY SANtT ARY SEWER INTERCEPTOR SYSTEM MAP: (NEXT MEETING) 2. REQUEST TO CONNECT TO CITY SEWER BY JOHN URIONA AT 942 E. PINE STREET: (APPROVE) 3. BID RESULTS FOR WELL NO. 16 - GENERATOR PROCUREMENT: (APPROVE $36,225) 4. BID RESULTS FOR WELL NO. 16 - GENERATOR INSTALLATION: (APPROVE $4,973) C. MAYOR CORRIE: 1. BSU FOUNDATION INFRASTRUCTURE DONATION (APPROVE $1,000) D. SHARI STILES: 1. DISCUSSION OF PROPOSED IDAHO INDEPENDENT BANK SIGN WITH MESSAGE CENTER: E. GLENN BENTLEY: 1. UPDATE ON CHILDCARE PROGRAM: MERIDIAN CITY COUNCIL AGENDA TUESDAY, JUNE 1,1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: ~RON ANDERSON X CHARLIE ROUNTREE =z= GLENN ~~NTLEY )( KEITH BIRD ~MAYOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM PREVIOUS MEETING HELD MAY 18, 1999: allrtJV'.Jt.-- B. APPROVE BILLS: 0f'fHJtJ~ C. TABLED 5/18/99: JOINT POWERS AGREEMENT WITH APA PLANNING ASSOCIATION (RESOLUTION # 2 '3 0 ): P-f'PY7Jv-f.- D. PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION BY GEM PARK II: atl'rt.>vJV E. RESOLUTION # 2..3 ( - YMC, INC. SEWER AGREEMENT: tJ-'7?Y17vliL F. RESOLUTION # 2'5 L - WALT CULVER SEWER AGREEMENT: a/ jJ ~ l/VL.-. REGULAR AGENDA 1. TABLED 5/18/99: ORDINANCE #814 - 1999 MOTOR VEHICLE EMISSIONS CONTROL: d?)?J"'CJV..fL.- If.ef ~Isr;.- IF 234 2. TABLED: ORDINANCE # -- ADD ASSISTANT FIRE CHIEF: ~w.J->2 ~ /511: rn'3- 3. TABLED 5/18/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE- SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON LINDER ROAD: t""erYl-h>--~ ~,'t ~ l!it!::. /h~. 4~ DEVELOPMENT AGREEMENT FOR KATHLEEN & WENDELL LAWRENCE: Up f7 J"l7f1'-<' /It- f dwh >>.-v #- 2- '3'3 5. ORDINANCE # ~ 2.-7 - ANNEXATION AND ZONING FOR KATHLEEN & WENDELL LAWRENCE: a-j7~v~ 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-BROADWAY & 8TH STREET (725 W. 8TH): a/fHl>VR- (/Z-u7d/f;~oL -Ilf ~ elL FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES (FOR L-Q ZONING) BY LOMBARD CONRAD ARCHITECTS:---1985 ~L,ACK CAT: t:l.f/l;Jj-PV.(L ~dl;;"ed -/'/?4 elL FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER-911 E PINE STREET: 6[..jJflrov..€- c- DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: ~Ut ~7 ~ I S-t2:-- ~~ ORDINANCE # - ANNEXATION AND ZONING OF HARTFORD SUBDIVISION: /l r-n. ~ -/7vUz~L ~/~.-,- d REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER- NE CORNER OF WILSON &. LOCUST GROVE: _ / / Cr":J w~ 10 ~;:J~ h~'C:-I'- REQUEST FOR A eONDITIONAL USE PERMIT FOR MULTIPLE BUILDINGS ON ONE LOT BY WES WORCESTER D/B/A SANTEE CONSTRUCTION- SOUTH OF E. PINE ST. & WEST OF N. RALSTIN ST.: I!l'kt ~!1:. fp ~j)~ .IYr~ c/c REQUE'ST FOR A CONDITIONAL USE PERMIT FOR A BANK WITH DRIVE- THRU LANES BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL)- SE CORNER OF FRANKLIN & MERIDIAN RD: u'"h:/.. a;~51- /-t> ~j/t:Vt..V /-f E .;1 c /t.. REQUEST FOR A dONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY-NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & SEAGLE RD (440Q E.; OVERLAND RD): 4~ ~ 10 ~F~ ~/~1/'c/l, FINAL PLAT FOR MldVALLEY BUSINESS PARK BY HUBBLE ENGINEERING - NORTH OF 1-84, WEST OF EAGLE ROAD ON THE SOUTHWEST CORNER OF E. MAGIC VIEW DRIVE AND S. ALLEN STREET: ~1yC7V' .L- FINAL PLAT FOR THOUSAND SPRINGS NO.5 BY FARWEST LLC (MARTY GOLDSMITH) - NORTH OF VICTORY AND WEST OF EAGLE ROAD: ~rov~ WATER I SEWER I TRASH DELINQUENCIES: tlpp Tl.9V~ DEPARTMENT REPORTS: 18. A. TOM KUNTZ: - S1G1~ fttOt al/lt/7a bi~ 1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND RECREATION COMPREHENSIVE PLAN: f/--,pduJ..e,.--Io:; Gf.enn 1:31 ~'tCi- ~ RECOMMENDATION TO RESTRICT DOGS IN TULLY PARK: rtef!C1- ~ 2. B. GARY SMITH: &~1 1. ADOPTION OF CITY SANITARY SEWER INTERCEPTOR SYSTEM MAP: fuuc~ I'Z-vt;y- 2. REQUEST TO CONNECT TO CITY SEWER BY JOHN URIONA AT 942 E. PINE STREET: WPpn9v~ 3. BID RESULTS FOR WELL NO. 16 - GENERATOR PROCUREMENT: CVfllrov...e-:/J 16/ 22J:?,~ 4. BID RESULTS FOR WELL NO. 16-GENERATOR INSTALLATION: tZJ7PYlPvz.e-, il4t 173. ~ MAYOR CORRIE: c.JI. BSU FOUNDATION INF~STR~cSTURE DONATION tvI' j7YVv.z lJ<. ( oot<-- SHARI STILES: 1. 1. DISCUSSION OF PROPOSED IDAHO INDEPENDENT BANK SIGN WITH MESSAGE CENTER: proceJI I fJrcJCIL~ 1\ r Ji GLENN BENTLEY: 1. UPDATE ON CHILDCARE PROGRAM: ;--///{ Yheef>~ e,f. RON ANDERSON: 1. UPDATE ON NEW FIRE STATIONS: f,t,-p~...e. 1!/tl/?,,-cA..eclG.- ~ d,. ~ /ehn-z,/ c- F.fl. CHARLIE ROUNTREE: 1. SOLID WASTE AD HOC ADVISORY COMMITTEE UPDATE: ?t.pd~ MERIDIAN CITY COUNCIL MEETING JUNE 1, 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on June 1, 1999 by Mayor Corrie. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Stephan Rutherford, Bill Gordon, Gary Smith, Kenny Bowers, Tom Kuntz, Shari Stiles. Corrie: Welcome to the City Council meeting folks. It doesn't look like there's any public hearings tonight, so not too well packed. Council, I have the consent agenda before you. City Clerk the resolution numbers would be what? Berg: If they're approved? Corrie: Yes. Berg: We'll start with number 230 for C, 231 for E, 232 for F. Corrie: Okay, gotcha. Any questions on the consent agenda Council? Rountree: I have none. Bird: I have none. Corrie: Okay, I'll entertain a motion for approval of the consent agenda. Rountree: Mr. Mayor I move that we approve the consent agenda and for items C, E and F respectively the resolutions be 230, 231, and 232. Bird: Second. Corrie: Motion made and seconded that we approve the consent agenda for the resolutions C at 230, E at 231 and F 232. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 1. TABLED 5/18/99: ORDINANCE #814 -1999 MOTOR VEHICLE EMISSIONS CONTROL: Corrie: Mr. Clerk would you read that Ordinance number? Berg: Yes, this ordinance was given a number and tabled quite a few times, so it's 814. (ORDINANCE #814 WAS READ BY TITLE ONLY) Corrie: Okay you heard the reading of Ordinance #814 by title only. Is there anyone from the audience who would like to have Ordinance #814 read in its entirety? Hearing none - Bentley: Mr. Mayor I move we approve Ordinance #814 with suspension of rules. Rountree: Second. Meridian City Council Meeting June 1, 1999 Page 2 Corrie: Motion made and second that we approve Ordinance #814 with suspension of rules. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 2. TABLED: ORDINANCE # -- ADD ASSISTANT FIRE CHIEF: Corrie: The attorneys have asked us they haven't got the ordinance quite written up yet and if the Council would consider tabling that to the 15th of June of 1999. Bentley: So moved. Bird: Second. Corrie: Motion made and second that we table Ordinance - Add Assistant Fire Chief until 6/15/99~ Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 3. TABLED 5/18/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE- SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON LINDER ROAD: Corrie: Gentlemen, I'm going to put that one down. We need to table this because we need to do the ordinance and the development agreement first. It has to be have the ordinance posted for a length of time, so I'll go to item number five which is the ordinance number of the annexation and zoning for Kathleen and Wendell Lawrence. Mr. Berg, what ordinance will that one be? Berg: Excuse me, Mr. Mayor, what item are we on? Corrie: Number five, it's Ordinance number annexation and zoning for Kathleen and Wendell Lawrence. Berg: We're not going to approve the development agreement first? Corrie: I'm sorry. We have to go to four. You're right, I'm sorry. My mistake. I'm too fast. Meridian City Council Meeting June 1, 1999 Page 3 4. DEVELOPMENT AGREEMENT FOR KATHLEEN & WENDELL LAWRENCE: Corrie: Has that been signed, Mr. Clerk? Berg: Yes, I believe it has. I'm just looking to make sure. Yes, Wendell and Kathleen Lawrence have signed the development agreement. Corrie: And they are the property owners now; is that correct? Berg: That's correct, they are the property owners. Corrie: I'll entertain a motion on the development agreement for Kathleen and Wendell Lawrence. Bentley: Mr. Mayor I move we approve the development agreement for Kathleen and Wendell Lawrence. Bird: Second. Corrie: Motion made and second that we approve the development agreement for Kathleen and Wendell Lawrence. Any further discussion? Hearing none, aU those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. ORDINANCE #827 - ANNEXATION AND ZONING FOR KATHLEEN & WENDELL LAWRENCE: Corrie: The ordinance number would be? Berg: Yes, Mr. Mayor, Ordinance #827. (ORDINANCE #827 WAS READ BY TITLE ONL Y) Corrie: You heard the reading of Ordinance #827. Is there anyone from the audience who would like to have Ordinance #827 read in its entirety? I'll entertain a motion on Ordinance #827. Rountree: Mr. Mayor I move that we approve the annexation and zoning ordinance #827 for Kathleen and Wendell Lawrence, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Anderson: Second. Meridian City Council Meeting June 1, 1999 Page 4 Corrie: Motion made and second that accept ordinance #817 annexation and zoning for Kathleen and Wendell Lawrence with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREEs YEA. MOTION CARRIED: ALL YEAS. Rountree: Mr. Mayor, shouldn't we extend the tabling of item number three to a date certain? Corrie: Yes, until the 15th is what the -I believe, Steve is that correct on that one? The 15th of June? Rutherford: Yes. Corrie: Okay. Rountree: Mr. Mayor I would move that we continue item number three conditional use permit for childcare facility for 50 children to June 15th, Bentley: Second. Corrie: Motion is made and second that we continue the tabling of the Findings of Fact and Conclusions of Law for the conditional use permit until the 15th of June, 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.-BROADWAY & STH STREET (725 W. 8TH): Stiles: Mr. Mayor, I would like to request a couple of changes to the conditions. On page 10, under 2.1 B that the word, "required" be changed to "allowed" in case something happens and some other development comes up that they at least be able to meet the R-S requirements. Also on page 11, under 2.6 that the applicant shall not pipe the Nine Mile Drain, and shall provide a multiple use pathway along the drain as represented in public hearings. I believe that was the intent of the Planning and Zoning ( ( Meridian City Council Meeting June 1, 1999 Page 5 Commission. If Mr. MacCoy remembers something else, maybe he could speak to that, but they did initially propose piping the Nine Mile Drain, but we would like it to remain open and it to be used as a pathway, except for where the sewer crosses. Corrie: Okay. Any other comments Shari? Is there anyone here from the Tremont Place Subdivision tonight? Stiles: If you have any questions, I could give you some background on the project. Anderson: Those changes you just mentioned, Shari~ is the developer aware of those? I mean that was original testimony, but he's aware of those? Stiles: The original application they did propose to have - to pipe the Nine Mile Drain. This is at the end of Broadway. It's in between the end of Broadway and where the Sunrise Health Center is. It's all open all through there, and they had initially proposed to pipe it, but we asked them to leave it open and use it as an amenity. Anderson: And they agreed to that? Stiles: Yes, they show it as a common lot on their plat. Rountree: They testified to that effect. Corrie: Mr. Rutherford, do we need an amendment to the Ordinance on this one? Do you know for sure? Rutherford: Mayor, Council members, point of information in speaking with Mr. Gigray we felt that it would be a situation where tonight if the Council chose they could approve the Findings of Fact and Conclusions of Law and set for the next City Council meeting to take up the ordinance because it's going to have to be an amended ordinance because there is an ordinance out there. Just kind of a strange posture of this one being a rezone as opposed to just - we're going to need to mess with the ordinance and it's going to be by an amendment. Corrie: Any other comments from staff then? Stiles: Yes, Mr. Mayor and Council, there were certain conditions placed on this property as a result of the rezoning to an R-8. It would require an amended ordinance hopefully the same number as the original one that would change those conditions and we could incorporate all that within that ordinance. Corrie: Council discussion? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Meridian City Council Meeting June 1,1999 Page 6 Rountree: Mr. Mayor I move we that approve the Findings of Fact and Conclusions of Law and Decision and Order with modifications made to the Decision and Order on page 10, item 2.1 B substituting the word "allowed" for the word "acquired". And on page 11 of the same document item 2.6 that should read the applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along Nine Mile Drain and utilize Nine Mile Drain as an amenity to the development. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law with the additions and corrections in the motion. Is there any further discussion? Hearing none, roll call vote. ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. Corrie: Do we need a motion on that to work the amendment on the ordinance or are you just going to do it? Rountree: That's in the Decision and Order. Corrie: Okay, all right. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES (FOR L-O ZONING) BY LOMBARD CONRAD ARCHITECTS-1985 BLACK CAT: Corrie: Staff. Stiles: Mr. Mayor and Council, this would have required a development agreement according to the Decision and Order. The only thing I would request on page 16 under item 3.15 line three, I'd. askthat the words "and approved" be changed to "for approval" by the Planning and Zoning Department. It's just a minor issue, but the way it's worded, it almost - not that it would happen in this case, but some people may think that the fact that they have provided a plan means it will be approved. Corrie: Anything else Shari? Stiles: No, that's all. Thank you. Corrie: Further discussion on item number seven by Council? I'll entertain a motion on item number seven. ( Meridian City Council Meeting June 1, 1999 Page 7 Bentley: Mr. Mayor I move we approve the annexation and zoning of 5 acres Lombard Conrad Architects with the change on page 16 number 3.15 changing "and approved" to "for approval" and prepare a Decision and Order. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Fact and Conclusions of Law - do we need other Findings of Fact and Conclusions of Law or can we use these? I'm confused here. We don't need other Findings of Fact and Conclusions of Law. Do we have to approve these? All right, we have a motion before the floor the Findings of Fact and Conclusions of Law be approved with the corrections as stated. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER-911 E PINE STREET: Corrie: Staff comments? Stiles: Mr. Mayor and Council, this will also require a development agreement and under 3.6 on page 14, if it is your desire that since could be reworded if the R-15 zone is approved, all development proposals shall be processed under the conditional use permit process. Corrie: Anyone here from the Alice Culver here tonight? Council any further discussion? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the number eight. Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting application for annexation and zoning for Alice Culver with the change noted on page 14, 3.6 that if the R-15 zone is approved that all development proposals shall be processed under the conditional use process. Meridian City Council Meeting June 1, 1999 Page 8 Bird: Second. Corrie: Motion made and second that we approve Findings of Fact and Conclusions of Law for request for annexation and zoning with the corrections. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 9. DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: 10. ORDINANCE # SUBDIVISION: - ANNEXATION AND ZONING OF HARTFORD Corrie: City Clerk has that one been signed? Berg: Mr_ Mayor, I have not received a signed copy of the development agreement. They've been contacted several times and they have not brought it in to us. Corrie: Did they give you a reason why? Berg: Mr. Mayor and members of the Council, no they did not, but this is where the developer is a different person than the owners of the property so , don't know if there's some negotiations there or waiting for a purchase or what the problem may be, but Glenn Johnson and his representative have been contacted. Ray and Janet Wilder are the owners of the property, so I don't know if there some time frames for different attorneys to review the document or what the reason is. Corrie: We don't have a development agreement signed. We can't do that one or ten either one. Rountree: Mr. Mayor I move that we table item 9 development agreement for Hartford Subdivision and item 10 annexation and zonin~ ordinance for Hartford Subdivision to our next regularly scheduled meeting June 1St · Bird: Second. Corrie: Item number 9 and 10 motion is to table both those until the meeting of June 15th, 1999, Any further discussion? Rountree: Mr. Mayor, Gary Smith has a comment. Meridian City Council Meeting June 1, 1999 Page 9 Smith: Mr. Mayor, council members, in reading through the development agreement Exhibit A that is referenced on page 1 has included in the development agreement is for 0.456 acres. That was the parcel that was annexed in addition to what was originally annexed. I assume that the development agreement should be for the complete subdivision rather than just that .45 acres, so I think the Exhibit A needs to be revised to included the entire subdivision. Corrie: Any further discussion? All those in favor of the tabling of item 1 0 and number 9 say aye. MOTION CARRIED: ALL AYES. 11. REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER - NE CORNER OF WILSON & LOCUST GROVE: Corrie: Comments from staff on the request? Stiles: Mr. Mayor and Council, on page six of the recommendation item 1.34, the development agreement I believe reduced the planting strip beyond required right-of~ way to 15 feet. If that could be revised the second sentence provide planting strip beyond required right-ot-way per terms ot development agreement. Also I would like to note that the applicant or his representative I don't know is here tonight, just to inform you that the plan that we have received does not comply with ordinance requirements and just make sure that that the plan that we get for a building permit does comply with all the terms and conditions of our comments. Corrie: Also Shari, I believe we got a letter from Bill and Pat Geyer about item number 1.42 no city water should be eliminated per conversation understanding with Mr. Bruce Freckleton. Stiles: Bruce took that out because of the size of the landscaped area. Is that - Corrie: Do you want that one removed? Stiles: Bruce Freckleton agreed to that? Corrie: I don't know. That's what it says - be eliminated per my conversation and understanding with Mr. Bruce Freckleton. Do you know anything about that? That's the one that no city water will be allowed for landscaping irrigation. Meridian City Council Meeting June 1, 1999 Page 10 Smith: I don't know anything about the letter that they've sent, Mayor Corrie. Typically that restriction for city water is if the area to be irrigated exceeds a half acre. I can't imagine that's the case here, so that's probably why the request is being made to delete that item. I would assume that that's a valid request. Corrie: Any other discussion from Council to staff or yourselves? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on item number 11 request for conditional use permit for Bill and Pat Geyer. Bentley: Mr. Mayor I move we approve the conditional use permit for 8,000 square foot building by Bill and Pat Geyer with the recommended changes on page six that the 15 foot instead of 20 foot planting strip be required beyond the required right..of-way per terms of the development agreement and that we strike on page 7 provision 1.42 no city water will be allowed for landscape irrigation. Rountree: Second. Corrie: Motion is made and seconded that we approve the request for conditional use permit with the corrections and deletions of item 1.34 and item 1.42. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: BENTLEY, YEA. ANDERSON, YEA. ROUNTREE, YEA. BIRD. MOTION CARRIED: ALL YEAS. Berg: Just a clarification, this maybe directed to the attorney, do we need to approve the Findings of Fact and Conclusions of Law officially from the P & Z and then approve a conditional use permit or authorize the - whatever document that is for the conditional use? In the past we have approved individually the Planning and Zoning's Findings. Just a question. Rutherford: Mayor and members of the Council, it was understanding that we would - if you approved this that we would come up with the Order and Decision and go from there. Rountree: Mr. Mayor I think the question is do we need Findings of Fact and Conclusions of Law prepared? We don't have them. We have a recommendation from (- Meridian City Council Meeting June 1, 1999 Page 11 Planning and Zoning. Do we need that for a conditional use permit before we can take action on the conditional use permit? Rutherford: It's my understanding; yes. Rountree: Okay. Corrie: Okay, I'll entertain a motion for Findings of Fact and Conclusions of Law preparation. Rountree: Mr. Mayor I move that we have Findings of Fact and Conclusions of Law and Decision and Order prepared for this requested conditional use permit and that that Findings of Fact and Conclusions of Law incorporate the recommendations from Planning and Zoning that have been modified by Planning Administrator; Shari Stiles. Page 6 item 1.34 the planting would be 15 feet and that item 1.42 be deleted and that the Findings of Fact and Conclusions of Law reflect positively on the requested conditional use permit. Bentley: Second. Corrie: Motion made that we direct the city attorney to draw up the Findings of Fact and Conclusions of Law with the recommended changes and also approve the recommended changes on the conditional use permit for the Council. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 12. REQUEST FOR A CONDITIONAL USE PERMIT FOR MUL rlPLE BUILDINGS ON ONE LOT BY WES WORCESTER D/B/A SANTEE CONSTRUCTION- SOUTH OF E. PINE ST. & WEST OF N. RALSTIN ST.: Corrie: Shari? Stiles: Mr. Mayor and Council, this I guess is also one that requires Findings of Fact and Conclusions of Law. It's pretty a straight forward project just to advise you, they are coming in with a condominium project for this that you will be seeing later, but we had no problems with this as it's already in a developed industrial subdivision. Corrie: Is there any question on the number of trees or anything like that Shari? Stiles: No, they'll meet our requirements. Corrie: Okay. Any further discussion on the request for conditional use permit? Meridian City Council Meeting June 1, 1999 Page 12 Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the conditional use permit request. Bentley: Mr. Mayor, I move we instruct the attorney to prepare Findings of Fact and Conclusions of Law on the request for a conditional use permit by Was Worcester d/b/a Santee Construction. Rountree: Second. Corrie: Motion made and seconded that we approve the request for conditional use permit and order the attorney to write the Findings of Fact and Conclusions of Law on item number 12. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD. MOTION CARRIED: ALL YEAS. 13. REQUEST FOR A CONDITIONAL USE PERMIT FOR A BANK WITH DRIVE- THRU LANES BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL)- SE CORNER OF FRANKLIN & MERIDIAN RD: Corrie: Shari? Stiles: Mr. Mayor and Council, the only comment I had would be on page 4. This would also require Findings of Fact and Conclusions of Law. Item 1.18 be changed to read 17 foot long parking spaces shall be allowed due to overhang area provided. I would also like to request since there are findings required for this -- Findings of Fact and Conclusions of Law required for this project, they would like to be able to submit their building permit and if Findings are required it's going to take a little bit longer for it to be officially approved. I would like to start processing the building permit application so they could get going. Corrie: Okay, Shari, I have another question for you. On page 4, 1. 14, it says landscaping of 20 foot wide strip adjacent to Meridian Road shall be provided south of the proposed property line as part of this development. Have they agreed to that? Stiles: I haven't had a direct objection to it. They did mention it in the Planning and Zoning pubic hearing. They're proposing for their access to the property to be quite a bit south of where they propose to split the property. The property is not split right nowf Meridian City Council Meeting June 1, 1999 Page 13 and their access to the property would be quite a bit south of that proposed line. We've asked that that 20 foot strip in between Meridian Road and where the driveway would be that they landscape that now. Corrie: And they agreed? Stiles: I don't know that they agreed, no. Corrie: Does Council see any problem with that? Rountree: We'll problem hear if there is. Corrie: Okay, any further discussion on item 13? I'll entertain a motion on the request for a conditional use permit including the Findings of Fact and Conclusions of Law. Anderson: Mr. Mayor I make a motion that we approve the request for conditional use permit for the Home Federal at the corner of Franklin and Meridian Road and instruct the attorney to draw up the Findings of Fact and Conclusions of Law. Bird: Second. Corrie: Motion is made and seconded that the request for conditional use permit be approved and the attorney draw up the Findings of Fact and Conclusions of Law with the stipulation of staff additions on item number 13. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. Rutherford: Mr. Mayor and members of the Council, point of information on the last motion, that included Shari's comment on page 4, 1.18 with the 17 foot long parking spaces. Anderson: Yes. Corrie: Yes. 14. REQUEST FOR A CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY-NORTH OF OVERLAND RD BElWEEN S LOCUST GROVE RD & SEAGLE RD (2400 E. OVERLAND RD): (- Meridian City Council Meeting June 1, 1999 Page 14 Corrie: Shari? Stiles: Mr. Mayor and Council, this is the property I know as the Peck property. It was annexed in conjunction with the St. Luke's annexation when all those properties were annexed at the same time. This is zoned C-G currently. They were required to go through a conditional use permit process as part of that annexation. A development agreement is required so Findings of Fact and Conclusions of Law and a development agreement would be required. I didn't know if you had it in your boxes tonight. Sanitary Services Company has issued some comments on it that we believe can be worked out, but other than that, I guess just the Findings and development agreement need to be worked out. Corrie: Comments or discussion from Council? Rountree: Mr. Mayor just a question on the action here as far as the development agreement. That's part of the original approval process with an approved conditional use permit I'd assume that that would still be binding. Probably a question for Counsel or should we hold action on this until that development agreement is signed? Rutherford: Mayor, members of the City Council, in the interest of consistency with what we did back with number 3, 4 and 5, that would seem to be the order of things. Get the development agreement squared away, get a signature on that before you approve any Findings of Fact and Conclusions of Law. I dontt think that impacts your action tonight on the recommendations to the City Council, but prior to approving the Findings of Fact and Conclusions of Law I think you'd have a signature on the development agreement. Rountree: Mr. Mayor I move that we have Findings of Fact and Conclusions of Law and Decision and Order prepared for the requested conditional use permit for a specialty retail music store. Bentley: Second. Corrie: Okay, motion is made and seconded that we approve the conditional use permit for a specialty music store and to direct the attorney to draw up the Findings of Fact and Conclusions of Law as such. Any further discussion? Rountree: One comment, Mr. Mayor. I did not move to approve the conditional use permit, just the preparation of Findings of Fact and Conclusions of Law. Corrie: Okay, you're right. Motion is made and seconded that we have the attorney draw up the Findings of Fact and Conclusions of Law for the specialty retail music store Meridian City Council Meeting June 1, 1999 Page 15 by John Beagley. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 15. FINAL PLAT FOR MIDVALLEY BUSINESS PARK BY HUBBLE ENGINEERING - NORTH OF 1-84, WEST OF EAGLE ROAD ON THE SOUTHWEST CORNER OF E. MAGIC VIEW DRIVE AND S. ALLEN STREET: Corrie: Staff report, Shari. Stiles: Mr. Mayor and Council, this property is under the terms of a recorded development agreement, and we have no problems with approval of the final plat. Corrie: Is the developer here tonight or anybody representing them? Nickel: Mr. Mayor} members of the Council, Shawn Nickel Hubble Engineering 9550 Bethel Court in Boise. Corrie: Do you have statement on the final plat? Nickel: No other than we are in agreement with all of the conditions of approval. Corrie: All right thank you. Council? Number 16 final plat for Midvalley Business Park by Hubble Engineering. Rountree: Mr. Mayor I move that we approve the final plat for Midvalley Business Park subject to the conditions of staff. Bentley: Second. Corrie: Motion made and second that we approve the final plat for Midvalley Business Park by Hubble Engineering with the conditions of the staff. Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. (End of Tape) 16. FINAL PLAT FOR THOUSAND SPRINGS NO.5 BY FARWEST LLC (MARTY GOLDSMITH) - NORTH OF VICTORY AND WEST OF EAGLE ROAD: Corrie: Staff comments? Meridian City Council Meeting June 1, 1999 Page 16 Stiles: Mr. Mayor and Council, we didn't get these comments to the applicant's representative until about 3:30 today. I believe she has a representative here tonight. They just probably said they agreed to everything. We were just handed this recent bulletin. Berg: Shari, the members of the Council do have that. Stiles: Oh, they have that. You have the letter from them. There's a few minor details to work out with this project, but we have no problems with the plat. Corrie: Okay, would the representative like to speak? Okay, that's a quickie. Council any further discussion on the final plat for Thousand Springs No.5? Bentley: I have none. Bird: I have none. Rountree: None. Corrie: I'll entertain a motion on the item number 16. Bird: Mr. Mayor I move that we approve the final plat for Thousand Springs No.5 by Farwest LLC, north of Victory and west of Eagle Road. Bentley: Second. Corrie: Motion made and second that we approve the final plat of Thousand Springs No.5. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. WATER I SEWER I TRASH DELINQUENCIES: Corrie: Delinquency turn off scheduled for 6/9/99. This is to inform you in writing if you choose to, you have the right to a predetermined hearing at 7:30 p.m. Tuesday June 1, 1999 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by this city that your water, sewer and trash bill is delinquent. You may retain Counsel. This service will be discontinued on June 9, 1999 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer delinquency? You are hereby informed that you may appeal or have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho Meridian City Council Meeting June 1, 1999 Page 17 Code. Even though you appeal, your water will be shut off. The amount of the turn off list is $36,688.75. I'll entertain a motion on the delinquency turn off schedule. Bentley: Mr. Mayor I move we approve the water and sewer delinquency turn off list for 6/9/99. Rountree: Second. Corrie: Motion made and second that we approve the water, sewer, trash delinquency turn off list as read. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. DEPARTMENT REPORTS: A. TOM KUNTZ: 1. APPROVAL TO SELECT CONSULTANT FOR PARKS AND RECREATION COMPREHENSIVE PLAN: 2. RECOMMENDATION TO RESTRICT DOGS IN TULLY PARK: Corrie: Tom is not here tonight. He's sick so we'll not have items A, 1 and 2. Bentley: Mr. Mayor I can make comment on number one real quick. Corrie: All right, go ahead. That's fine. Bentley: On the consultant for the parks, they had four applications. They've narrowed it down to two. The committee felt that they needed to ask a couple more questions. The plan is at the next meeting, they will present, you will get a packet with all four in there, and they will present the recommendation for the one they would like to hire. So we just wanted to update you on that. Corrie: Okay thank you. B. GARY SMITH: 1. ADOPTION OF CITY SANITARY SEWER INTERCEPTOR SYSTEM MAP: Meridian City Council Meeting June 1, 1999 Page 18 Smith: Mr. Mayor and Council members, item number one under my department report I would request to be tabled to June 15th. Corrie: Okay, so done. We don't need a motion for that one. We'll just bring it back. Smith: Okay. Thank you. 2. REQUEST TO CONNECT TO CITY SEWER BY JOHN URIONA AT 942 E. PINE STREET: Smith: Item number two is a request by John Uriona at 942 E. Pine Street to connect to city sewer. I don't know if John is here this evening. Yes, there he is. Okay. John just recently purchased the home at that address and found that he has serious septic tank problems. The drain field is plugged. This property is not presently within the city limits. It's bounded by city limits on three sides I believe and Mr. Uriona is needing to connect to alleviate a sewer problem. He has told me that he is in agreement to annex the property to the City of Meridian. I think that's all the information I have right at this moment. Corrie: John, is that pretty much what it is then? Uriona: (Inaudible) I was told that there is a clean out on the street side of the house, the new foundation he had pulled up and he had told me it was stubbed to the street, but he told me a lot of things. I've been digging since (inaudible). Corrie: All right thank you. Council have any questions? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion for the request to connect to city sewer by John. Bird: Mr. Mayor, I move that we approve the connection of the city sewer to Mr. John Uriona at 942 E. Pine Street and for double fee, and when he is annexed in that we will refund one half of the fee. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the request to connect to the city sewer at 942 E. Pine Street, double fee and then when he annexes we pay half the fee. Any further discussion? Hearing none, all those in favor of the motion say aye. ( ( Meridian City Council Meeting June 1, 1999 Page 19 MOTION CARRIED: ALL AYES. 3. BID RESULTS FOR WELL NO. 16 - GENERATOR PROCUREMENT: 4. BID RESULTS FOR WELL NO. 16 - GENERATOR INSTALLATION: Smith: Thank you Mr. Mayor. The tast item I have is kind of combined item number three and item number 4. The bids were requested for purchasing and installation of emergency power generator for well no. 16. That well is located in Treasure Valley Business Center near the intersection of Eagle and Fairview. We received one bid for that project for the procurement of the generator. Excuse me, we had two bids. I'm sorry. Gen Plus, Cummins Intermountain out of Boise $36,225 and Western States in Boise that's a Caterpillar Dealer $40,492.20. There was a little bit of bid irregularity with the bid. However, we feel that it's appropriate to award the bid to Gen Plus Cummins Intermountain from Boise at $36,225. I believe you can read from the copy of the interoffice memo that our Assistant City Engineer sent to me that Gen Plus will furnish to us a temporary generator free of charge while the permanent one is being fabricated since it's going to take a little bit more time to deliver that than what we had anticipated. Corrie: Gary, I don't think any of us have that bid or anything that you're talking about here. Is there a possibility -- Rountree: We didn't get it in our boxes. Bird: We didn't get it in our boxes, Gary. Smith: Okay, they didn't get it to you? I'm sorry. Bird: Is this $36,225 Gary, is that for both the generator and the installation? Smith: No, sir. That's just the generator. $36,225 is the generator and the installation low bid on that was Custom Electric out of Emmett at $4,973. So the total of those two bids is $41 , 198. They are two different contractors and they are separate contracts. Custom Electric did the installation for us at well no. 14 on our emergency generator and they've also been doing quite a bit of work at the Wastewater Treatment Plant. They are very qualified, very good contractors. If you'd like I'll run and make a copy of these real quick for you. Corrie: Okay. We got the dollar figure. Just make sure we get the right name Gary on the people. Meridian City Council Meeting June 1, 1999 Page 20 Rountree: Mr. Mayor, I move that we award the purchase contract for a generator for well no. 16 to Gen Plus Cummins of Boise for the amount of $36,225 and that we award the installation of that generator at well no. 16 to Custom Electric of Emmett for $4,973. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to award the generator procurement at $36,225 and the installation $4,973 for a total of $41, 198. Any further discussion on the motion? Anderson: Mr. Mayor, I assuming and Gary is not in here to ask, but I'm assuming that there was something in the bid about Y2K compliance, because generators on wells is one of the things that we've been having to deal with to make sure that they are all compliant so I'm assuming that this late in the game that that would kind of be a no brainer that we would be asking that, but just wanting to put that in the record. Bird: That's a good question. Rountree: We'll ask him that. Corrie: I would imagine the generator is. It's a good question. I don't know whether I want to vote on this yet without his answer, but I'm sure it will be. Bird: It's on the record anyway isn't it? It will be on the record so we can vote on it. Ron's brought it forward. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: It's in the minutes so we got it both ways there Ron. D. SHARI STILES: 1. DISCUSSION OF PROPOSED IDAHO INDEPENDENT BANK SIGN WITH MESSAGE CENTER: Meridian City Council Meeting June 1, 1999 Page 21 Stiles: Mr. Mayor and Council, as you mayor may not know we're having to do a lot of negotiation on signs because of some of the problems that exist. Sometimes you have to find things within the existing ordinance to help you with enforcement problems. These message signs are one of those things. As you know we have Meridian Ford, the Jackson's Texaco on Eagle Road, currently we have D & B Supply and most recently one that did go through my office was Snake River Yamaha that has the time and date. Because of the possibility of having a proliferation of these flashing signs, we have come to a more strict enforcement and interpretation of what a flashing sign is and we have interpreted all sign that have a display that turns on and off the light bulbs turn on and off as being restricted per our ordinance. We have had a request for a sign at Idaho Independent Bank. Hopefully you have a copy of that that was in your box. While I don't have a particular problem with that, our problem with enforcing it is the next person down the line is going to say, well you allowed that. You must allow this. It could be up and down E. 1st Street. The freeway wouldn't be a particular problem except there are times when they get these message centers are so versatile now, that they can be very disruptive. I know D & B the other day although they had agreed that it was not going to be a disruptive sign at all, they'd always use scrolling. I went there two days ago and they had an advertisement for generators that's very quick, very disruptive, and can even cause health problems in some people I'm told. Not that would happen here, but my problem is I have a very insistent vendor that wants to use these types of signs. They insist they are not flashing lights. I know the Planning and Zoning Commission has started at least on some more restrictive signing regulations for the city. I guess I'm seeking your direction. My first response was it's a prohibited sign. If you want to do something other than that, get a variance. If they didn't agree with my interpretation that this was indeed a flashing light sign, they could appeal. And then finally our discussion was that I would at least come to you and kind of get some general direction from you, what you think about these signs. Maybe you have no problem with them. The Planning and Zoning Commission has been very active in trying to get some new regulations, but I feel that if we have something in place today that we can enforce that is going to help us with some problems we have. Then we should enforce it. There are a number of things within the zoning ordinance that we have had to try to find things to help us enforce due to problems. One of those that has come up with the site plan review. Another sign review which could be included with the site plan review. We've also in the Planning and Zoning Department started requiring certificates of zoning compliance prior to even processing building permits because of the problems we were having. But I kind of just wanted to get your input on this, what you think about it. This would be right next to Generations Plaza. Even though they have indicated a willingness to use it for public service messages, my next problem is going to be the next person that comes down the line that says well you approved that. You've got to approve mine, which could include a Texaco sign or a Meridian Ford sign and it couldn't be restricted as to location is my feeling. ( Meridian City Council Meeting June 1, 1999 Page 22 Rountree: Mr. Mayor I have got a question for Shari. On process, do sign normally come directly to City Council or should this actually be processed through Planning and Zoning for guidance there and then to us and is it here because of a special favor or it's been to Planning and Zoning I don't think. That's a procedural question I have. The other comment I have is that I don't particularly have a problem with changeable message signs, but I think this particular sign in terms of scale might give me some grief given its location, but not because it's a changeable message sign. Stiles: I decided to bring it to Council because of the opposition I was getting. Like I say my first response was get a variance if you would like to propose that sign. After that it was if you don't like my decision, you think I have the wrong interpretation of what our ordinance is, appeal it. But my main problem is enforcement. Just because I mean I might look at this sign and say you know it's small, you've agreed to do this, it maybe not that big a problem. I need to either say yes or no. And I know the Planning and Zoning Commission would like to review these further. But as you see on the plan, I don't know how well that well shows up in the copy you have. If we agree to a message board for just under the bank sign, what's to say that all the remaining tenants under there would not also like to have some kind of a message sign included as part of their display. Again I'm not directly opposed to these. They have another response I got was well if we don't allow the message sign, they'll do a tip-o-matic like they do down at BSU if you've seen those. They're noisy. You can't interpret them as a flashing light sign, because the light is constant. It's the tiles within the sign that change and there's really nothing I can do against that unless I would require it to go through P & Z and treat it kind of as a site plan review. I mean I would be glad to take it back through P & Z, have the response, but still we do have to have an interpretation of the sign ordinance or else put them through the course of either trying a variance or appealing my decision. Corrie: Further comments? Bentley: Mr. Mayor, weill think part of our problem is the sign ordinance needs to get redone. If you're looking for things to cover throughout all the ordinances. then it's quite obvious that the sign ordinance isn't adequate and I've said this before and I'll say it again, we need to put a committee together with business people and sign people and citizens and get going on getting an ordinance strung together and start pulling in some of the ordinances from the surrounding cities. I know Eagle has been going through a dance with theirs and we need to get busy on this instead of grasping at straws, get something that spells out what we do want and proceed from there. Bird: Mr. Mayor, I know that the city is leaning towards the monument signs, but with the location of this existing bank, a monument sign would not work. I for one have no problem with the sign like this. I think you have to look at separate locations, each location. The reader board don't bother me. The height of it isn't that bad. As a Meridian City Council Meeting June 1, 1999 Page 23 business, a monument sign would do nothing for that bank because there's no place to put it so I think you have to look at - it's nice to have an ordinance but I think you have to look at each individual situation and do what is the best for the city and for the business involved and I for one have no problem with this sign. Anderson: Mr. Mayor I'd like to go on record as saying that I have a conflict of interest on this one, and I am withdrawing from the discussion. MacCoy: Mr. Mayor, Commissioner Bentley, in your request of having a group together, the complete Planning and Zoning Commission have material as well as the staff department, Planning and Zoning for putting together a sign ordinance. I've also given this to our commercial section of our city. We have a meeting scheduled for June 15th the review of the first draft of that. So we're well on our way to doing just what you said. Bentley: Good, thank you. Corrie: Okay then what's the Council - would like Shari to continue with what they're doing at Planning and Zoning and then bring it to you if they have any objections or need variances? Rountree: Mr. Mayor I guess my preference would be to - if there's question to interpretation of the ordinance, and it's going to be a conflicting situation that the applicants be directed to go through the process of Planning and Zoning, have them review, give us the guidance that they have with respect to what they get public involvement process and then we make the final action here. But my hope is that we get an ordinance soon that we don't have these kinds of things look at us meeting after meeting and every sign that comes to town has to come to City Council. I don't think any of us want that. Does that help? Stiles: I would just like to let Keith know that it's not the fact that it's a pole sign or the height of it or anything like that. That's not at issue. The only thing that's at issue is the reader board part of it. Bird: I don't think it would be objectionable where it's going over here on E. Idaho. Mr. Mayor if I could, I think we really need to work on an ordinance. I'm glad we're doing that. I hope we have some sign people involved in working on this ordinance with us. Corrie: Does that give you an answer Shari? Stiles: I'll just go with my first impulse. Corrie: If they don't like it, they can bring it to us. Meridian City Council Meeting June 1, 1999 Page 24 Anderson: Good luck. I've never won one. E. GLENN BENTLEY: 1. UPDATE ON CHILDCARE PROGRAM: Bentley: Yes, the committee I can't seem to get them to take a break so they just keep on meeting. I don't know if they're meeting tonight or not, but they are very interested in getting it done, and they're really working hard at it so we're moving along. That's it. F. RON ANDERSON: 1. UPDATE ON NEW FIRE STATIONS: Anderson: I think I'll refer that to Chief Bowers. He's probably more updated than I am. Bowers: Mayor and City Council, right now I am working with Paul from ZGA. He's trying to work with Pinnacle also Winston Moore to try to get us an easement for our sewer into the back piece of our property there. We're still trying to get sewer to it at this time. I thought Paul had it figured out and I guess it hasn't gotten done yet. So at this time as of last week I think Ron, did you receive a notice on that from Paul? Anderson: Yeah, I received an update on that. Bowers: So they are trying to get that done at this time. Is there any other questions on the plans or anything? Bird: Yeah, how's the plans coming? Are they through our planning yet? And how far out are they? Bowers: I don't know on that Keith. I have not heard. I got a memo from Brad Watson today and he had went through it and sent it on to the next people. Bird: How long has it been in? Bowers: I'm not sure. Bird: You don't know when they submitted it? You didn't get a copy of the letter of transmittal? Bowers: Shari, can you answer that by any chance? Meridian City Council Meeting June 1, 1999 Page 25 Stiles: Mr. Mayor and Council, I believe it's been probably about four weeks I think. They're trying to work some things out as far as the sewer situation. Does that ring a bell Kenny? Bird: Is it an easement through that north property of Winston's there? Bowers: Two properties there. Bird: Does the sewer come in on King? Anderson: King and then it splits a couple of lots and then it comes up behind that building that's built to the east, but evidently nobody approved a sewer easement in there when they approved that subdivision. Bowers: So Pinnacle is working with Winston Moore's representative and what was his name? Bird: Jonathan Steel? Anderson: I can't remember the guy with Pinnacle. Bird: Oh, Pinnacle, okay. Anderson: But we're planning on going to bids - well we were going to go the end of last month, but now we've- Bowers: Put that off for two more weeks. Bird: Middle of this month? Bowers: It sounds like it is the middle of this month. Bird: How long are you going to have out on the bid market something that size you should give a couple three weeks. Anderson: I think they're thinking like three weeks. Bowers: Three weeks at this time. Bird: So in other words, we'll get started about the middle of July and finish about the middle of February. ( Meridian City Council Meeting June 1, 1999 Page 26 Anderson: Yeah, it's been pushed back quite a bit. I talked to Dennis Davis today. He did plans review and he said he's done with his part. So I think the only outstanding issue is the sewer and hopefully the plans will be back on the mechanical, electrical and plumbing. Does Dennis do all that? Bowers: Any other questions then? Okay. Corrie: Okay Kenny, thank you. G. CHARLIE ROUNTREE: 1. SOLID WASTE AD HOC ADVISORY COMMITTEE UPDATE: Rountree: Well J think you all got the letter from sse about the success of the hazardous waste clean up day. We got a little over nine tons of stuff out of the waste treatment and that's pretty significant and it was real successful. I hope you enjoyed some of the comments that were received as well. We've been meeting about every two weeks and discussing issues. The most recent issue that's come up is an issue that relates to our past passage of a rate structure. When we passed that rate structure recently we eliminated the reference to senior discounts and it's now talks about a low income discount. And at this point, we're still giving senior discounts but we don't have it in ordinance and we don't have it in our fee structure and we have in there language about low income discount, but no definition of what low income is. To compound this, this is not in the contract. It never has been. This was something that's kind of a legacy deal that's been handed down from provider to provider. The question has come up does the city even want to continue this practice? The committee will be working with those kinds of things and making a recommendation to the city in the weeks to come. The other thing we're working on at this point is a new ordinance for solid waste disposal to update what we didn't have to try and get it into something that's going to get us on in years to come and Steve Sedlecek and Bill Gigray have been working real closely on that and we should have a final draft version for the committee to review next meeting in a week. Yeah, and once the committee looks at that, then they'll be making some recommendations and the Council will be seeing that. Anything else Steve that you wanted to remind folks of? Sedlecek: Mr. Mayor and Council, I guess - Leslie approached me today and asked me she was hoping the Council would have some feedback tonight. She's continuing to get calls from people who want a senior citizen discount. She's anxious to find out if that's something we do. I mean again it's not in the ordinance, regulations, it's not in our contract with the city. Rountree: It's not in our fee structure any longer either. Meridian City Council Meeting June 1, 1999 Page 27 Sedlecek: We have about 540 accounts that we wanted to change over and eliminate that billing type if you will. 1t's $1.20 a month. This just spawned a bigger issue you know, do low income people get discounts, should veterans get discounts, should handicapped people get discounts, should people who buy Yugo get a discount? Rountree: Should there be other discounts in other utilities? Sedlacek: Who will track that and audit it and who will pay for it? Typically Ada County does offer a senior citizen discount and it's paid for by the County out of their franchise fees. The City of Boise offers a low income discount, and that's paid for out of their franchise fees. The provider typically isn't paying for that. Our costs are spent the moment we drive up to your house and hit the brakes really about 95% of our cost. There's very little cost in the few seconds it takes to throw a few cans. Rountree: And I guess to make the point and I didn't say it is that these folks are picking up that cost that it's not being taken care of by us and the franchise fees. It's not a lot of money. What do we figure? It's less than $700 a month. Sedlacek: It's $550 a month or something like that. Corrie: The city would augment that if we did a - Rountree: If we continue that practice, that's probably going to be the recommendation of the committee that the city augment it. Sedlecek: Unless you put it in our contract that we must provide that. That's something we can do. We're seeking some clarification. Again it's not a big deal, but I guess I was thinking this was going to be pretty simple and it's turned into kind of a can of worms. Bird: Steve, I got a question. What percent of fee do you pay for the bookkeeping collections that we do? Three percent still? Sedlecek: Six percent. Bird: Okay. Sedlacek: Which is by most standards low. Bird: Very low. Corrie: Mr. Clerk does that go into the general fund? Bird: It goes into MUBS. It' Meridian City Council Meeting June 1, 1999 Page 28 Corrie: I don't think it does. Berg: No, Mr. Mayor and Council, it currently goes into the general fund. Corrie: (Inaudible) Thank you. Rountree: Well Steve does bring up that point that Leslie is getting requests for this senior discount. Do we continue it? And resolve that when we look at our ordinance and fee structure and figure out who is going to pick up the tab on that or do we say we no longer offer that. We've got kind of a mixed message if we do that, because we've got 500 and some folks out there that are getting it. To this point I don't anybody has asked for a low income discount. Corrie: Charlie, what's the break off age? Rountree: The criteria I was given is if they called and sounded old or if they said they were a senior, they got the discount, and I looked at the list and I don't think we've got a whole lot. A lot of the folks I recognized and they would be my age and older and I consider myself approaching the senior status. I don't think we've got a lot of abuse at this point, but it's something that you know it's one of those dangling things that we just need to clean up. Bird: They're on a fixed income too some of those - Corrie: Just go ahead with the status quo until we come up with an answer. Rountree: I think Leslie needs some direction because she's the one that curbs it. So I guess if the preference is to continue, but we need to get the recommendation from the committee soon and possibly consider that we increase the franchise fees to cover that. Corrie: Is that the general consensus of the Council? Bird: Yeah, that's my preference Mayor. Bentley: That would be mine. Rountree: Well Mr. Mayor I would move that we instruct the - what's Leslie's title? MUS's Supervisor to continue to provide for the senior discount until such time as the ordinance is changed and the Council has addressed the issue of senior and low income discounts for Sanitary Services. Bird: Second. ( Meridian City Council Meeting June 1,1999 Page 30 Corrie: Motion made by Mr. Rountree second by Mr. Bird to donate $1,000 to the Treasure Valley Infrastructure Study, the City of Meridian. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Rountree: Mr. Mayor I move we adjourn. Anderson: Second. Bird: Hold on. Mr. Mayor, I think we got a letter here that we need to act upon. All of us should have got that. It should be on the agenda. We need to decide who we are going to have represent us and get the people hired and get going on it. Corrie: Everybody should have got that in their box. Rountree: Today? Bird: Long time ago. Rountree: I'll withdraw my motion. Anderson: I'll withdraw my second. Corrie: Dates are June 3,7, 9, 10th. What date - I think we still got the negotiating team from last year. You got to change that later if you want. I think Mr. Anderson was there and I believe Mr. Bentley was and - Anderson: Did you tell us you would talk to some from lEe or- Corrie: Yeah, Skip Sperry said he would work with us whatever we need or whenever we wanted him. So that would be open and as far as legal counsel is concerned. Bird: Mr. Mayor, I think that if you're going to - and I firmly believe we should bring lEG on if we can get Mr. Hazard, it would be nice and I think you need to bring him right on in the first meeting, let them do the negotiating and so we're not going for two and half years getting our negotiations done. That's my preference. That's why we belong to IEC. Corrie: That's above and beyond the cost though. Bird: Yeah, I realize that. ( Meridian City Council Meeting June 1, 1999 Page 31 Anderson: Mr. Mayor, I would also be willing to serve on that committee again. Corrie: Okay. Do you Mr. Bentley want to serve? Bentley: I guess, but this week is out of the question. Corrie: We can get together. Do you want lEe be involved in this with - Bentley: Mr. Mayor my preference would be to start out with the city looking at it. We don't have as much to do as we had originally. We're not putting together the whole thing. I don't know what Ron's feelings are and if we see we're not getting anywhere, then we can look for some help. I don't know. What's your thought Ron? Anderson: I'm inclined to agree, but you don't ever know what's going to come to the table until you get there and I tend to agree with Keith that it's bad to bring somebody in late in the process and let them play catch up so J guess from that standpoint, I would throw case a ballot in bringing lEe on board right from the start and of the three dates presented, I would prefer the 10th. I don't know about you. Bentley: I don't have a problem with the 1 Oth. Corrie: Okay, I'll need to contact lEG and see if Tom is available then to help the negotiation. If somebody- Bird: Tom would be my preference. Anderson: I would feel comfortable with either Tom or (Inaudible) Bird: I would too. Corrie: When it comes down to the attorneys, Skip is the legal. Tom has been with them for a long time. Bird: Because the union is going to bring their attorney. Rountree: Mr. Mayor I just had an observation to make in that we did a lot of good work I think to the credit of Ron and Glenn in this last contract and I think we all sat back and thought we had done a great job, and I think we did; but there are still some things we missed and I think that having seen that, I think it's probably wise that we start with legal counsel and particularly people who have some experience in these thing and that can assist us and I would hope that we would name them as part of our negotiating team right off the bat. ( \. ( Meridian City Council Meeting June 1, 1999 Page 32 Corrie: All right, I'll get in contact with them tomorrow. June 10th then 1999, Ron Anderson, Glenn Bentley and the lEe with Mr. Hazard (inaudible) whichever the case may be. Anything else? Bentley: Yeah, Mr. Mayor, what time? Do you want to do evening? I would prefer evenings. Corrie: 7:00? Bentley: 7:00? Corrie: I'll let you know tomorrow what IEC says. I have to call Salt Lake for Mr. Sperry, Skip but I will get lEe on the line tomorrow. Bird: Mr. Mayor, I know this isn't on the agenda, but I got one question to ask Chief Gordon, he had at our planning session had stated that you would have a date for us when some survey people would be in to - on that do you have a date yet Chief? Gordon: June 28th, I don't have a time yet. Bird: Okay. June 28th. Corrie: That's (inaudible) I'm a member of that one too. Does that answer your question Keith? Bird: Yeah, it does. Corrie: With I'll entertain a motion to adjourn. Bird: So moved. Anderson: Second. Corrie: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) Meridian City Council Meeting June 1,1999 Page 33 ATTEST: wd~A~~ - . ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL), FORA CONDITIONAL USE PERMIT FOR CONSTRUCTION AND DEVELOPMENT OF A BANIZ WITH THREE DRIVE-THRU LANES, SOUTHEAST CORNER OF FRANI<LIN AND MERIDIAN ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) Case No. CUP-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on the 1st day of June, 1999, and Shari Stiles, Planning and Zoning Adlninistrator, having appeared and testified, al1d no one appeared in opposition of the application, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and beil1g fully advised il1 the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - I FINDINGS OF FACT I. A notice of a public hearing on the conditional use perlnit was published for two (2) COl1secutive weelcs prior to the said public hearing scheduled for June 1, 1999, before the City Council, the first publication appearing and written notice havil1g been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen ( 15) days prior to said hearing and with the notice of public hearings having been posted upon the property ul1der consideration lnore than one weelc before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 1, 1999, said public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express COffilnents and sublnit evidence. 2. There has been cOlnpliance with all notice al1d hearing requirelnents set forth in Idaho Code SS67-6509 and 67-6512; and SS11-2-416E and 11-2-418E as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publicatiol1 and Proof of POStil1g filed with the staff report. 3. The property is located at the southeast corner of Franldin a11d Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 2 Road, Meridia11, Idaho. 4. The 0W11er of record of the subject property is Earl Coryell of 97 E. 1st St., Meridian, Idaho. 5. Applicant is Home Federal of 500 12th Ave. S., Nalnpa, Idaho. 6. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoni11g district of General Retail and Service Comlnercial (C-G) is defined 'Within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(11). 7. The proposed application requests a conditional use permit for construction and development of a banl( 'With three drive-thru lanes. The General Retail and Service COlTIlnercial (C-G) zoning designation 'Within the City of Meridian Zoni11g a11d Developlnent Ordina11ce requires a conditional use pennit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 8. The use proposed 'Within the subject application 'Will in fact, constitute a conditional use as deterlnined by City Policy. 9. The Meridian City Council tal(es judicial notice of its Zoning, Subdivision and Development Ordil1ances codified at Title 11, Municipal Code of the City of Meridian a11d all current zoning Inaps thereof and the Comprehensive Plan of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 3 the City of Meridian, adopted Decenlber 21,1993, Ord. No. 629-Jan. 4,1994 and Maps a11d the Ordinance establishing the Impact Area Boundary. 10. Giving due consideration to the COITIITIent received froITI the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not iInpose expense upon the public if the following conditions of development are iInposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Plan11ing and ZoniI1g Administrator and Assistant City Engineer Recommendations as follows: 10.1 A11Y existing irrigation/drainage ditches crossing or adjacel1t to the property shall be tiled per City Ordinance I 1-9-605.M. The ditches to be piped should be shown 011 the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association, with written cOI1firlnation of said approval submitted to the Public W orles Department. No variances have been requested for tili11g of any ditches crossing this project. 10.2 Any existi11g domestic wells a11d/or septic systems within this project will have to be removed from their domestic service per City Ordi11ance Section 5-7 -5 17 . Wells Inay be used for non-dolnestic purposes such as landscape irrigatio11. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 4 10.3 Off-street parldng shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 10.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with AInericans with Disabilities Act (ADA) requirements. 10.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 10.6 Outside lighting shall be designed and placed so as not to direct illuminatiol1 on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 10.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinal1ce. No temporary signage or flashing signs will be permitted. 10.8 Applicants shall provide five-foot-wide sidewall,s in accordance with City Ordinal1ce Section 11-9-606.B. 10.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 10.10 Applicant shall provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public W orl,s Department. Desigt1er shall coordinate sizing and routing of sal1itary sewer and water within the developmel1t with the Public W orl(s Department. 10.11 Applicant shall provide the Public W orl<.5 Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be mOl1itored with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 5 the Meridian Water Department to determine whether adequate fire protection exists. 10.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assess~ents, "Late Comers" fees Inay also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 10.13 Applicant shall provide calculation of asphalt area. A minimum of one (I) three-inch (3") caliper tree per I ,500 square feet of asphalt are required per Ordinance. Austrian Pines should be a minimum of 6'-8' in height to be included as trees meeting this requirement. 10.14 Landscaping of 20-foot-wide strip adjacent to Meridian Road shall be provided south of proposed property liI1e as part of this development. 10.15 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval frOITI their office prior to applying for building permits. 10.16 Applicant shall provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 1 0.1 7 Applicant shall provide handicapped accessible parking spaces and associated signage in accordance with the AmericaI1s with Disabilities Act. All building and parldng lot construction shall meet the requirelnents of the AInericans with Disabilities Act. 10.18 Seventeen-foot long parldng spaces shall be allowed due to overhang area provided. 10.19 Site plaI1 shall be revised to include correct street nalnes. Adopt the MeridiaI1 Fire Department's Recolnlnendations as follows: 10.20 Applicants shall satisfy all fire code requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 6 10.21 A fire hydrant shall be added. Adopt the Ada County Highway District's Recommendations as follows: 10.22 The applicant shall provide a lninimum of 100-feet of stacldng before the teller window. 10.23 Applicant shall construct a 24 to 30-foot wide curb return driveway on Franldin Road located approximately 200-feet east of Meridian Road (approximately the mid-blocl, position) with 25-foot curb radii abutting Franklin Road. The driveway shall be paved its full width and at least 30- feet beyond the edge of paveluent of Franldin Road. This driveway may be restricted to right-inlright-out operations in the future if necessary. 10.24 The existing 30-foot wide curb return driveway on Meridian Road located approximately 3 IS-feet south of Franldin Road is approved with this application. The driveway shall be paved its full width and at least 30-feet beyond the edge of pavelnent of Meridian Road. 10.25 Applicant shall provide a recorded cross access easement for the parcels to the south and east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 10.26 Applicant shall replace unused curb cuts on Franldin Road and Meridian Road with standard curb, gutter and 5-foot wide concrete sidewalk to match existing ilnprovements. 10.27 Restrictions on width, nUlnber and location of driveways shall be placed on future development of this parcel. 10.28 Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road or Meridian Road is prohibited. Adopt the Nalupa & Meridian Irrigation District ReCOlTIlnendations as follows: 10.29 Requires all laterals and wasteways be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 7 10.30 AlllTIunicipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nalnpa & Meridian Irrigation District must review drainage plans. 10.31 The developer must comply with Idaho Code S 31-3805. II. To maintain complia11ce with the COlnprehensive Plan, the project shollld be designed, constructed, operated and Inaintained to be harlTIOnious and appropriate in appearance with the existing a11d intended character of the general vicinity and that such intended conditional use will not change the essential character of the requests. CONCLUSIONS OF LAW 1. The City Council adopts as its C011clusions of Law the Recolnmendations 10.1 through 10.31 of the Recomlnendations to City Council made in the above entitled matter by the Plan11ing and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. 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 6 7, Idaho Code (I. C. S6 7 -6503). 3. The Meridian Planning and Zoning Comlnission Inay exercise all the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 8 powers required and authorized under the "Act" except the power to adopt ordinances by the establishlnent 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 Ordi11ance" at Title Xl, Chapter I, Municipal Code of the City of Meridian. 4. As part of a zonil1g ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special al1d!or conditional use pennits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 5. The City Council has the duty and responsibility to review the facts and circumstances of each application for conditional use pennit to determine prior to granting the saIne that the evidential showing supports the finding that the following sta11dards are met and that the proposed development: (Section 11-2-418, City of Meridian Zoning and DevelopInent Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 9 ( c. Will be designed, constructed, operated and maintained to be harmonious al1d appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the saIne area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities al1d services and will not be detriluental to the economic welfare of the cOffiInunity; g. Will not involve uses, activities, processes, materials, equipInent and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, 11oise, smol(e, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 1. Will not result in the destruction, loss or damage of a natural or scenic feature of Inajor importance. 6. Prior to granti11g a cOl1ditional use permit in a Gel1eral Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 10 conditio11al use permit all in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and Development Ordina11ce, which provides as follows: "Prior to approving a Conditional Use Pennit, the applicant and the Comlnission a11d Council shall follow notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land in Old Town and in Industrial and COlnmercial 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 Cormnission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recolnmendation of the Commission." 7. Following the public hearing and within 45 days after the conclusion of the public hearing the COlTIlnission shall, transmit its recommendations to the Meridia11 City Council with supportive reasons. The Comlnission shall recolnmend that the application be approved, approved with conditions or denied. The Comlnission 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. (Section 11-2- 418(f), City of Meridian Z011ing and Developlnent Ordinance.) 8. When the City Council approves a conditional use permit it may impose conditions of that approval that reaso11ably: 8.1 Minimize adverse ilTIpact on other developluent; 8.2 Control the sequence and timing of developluent; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 11 8.3 Control the duration of development; 8.4 Assure that the development is maintained property; 8.5 Designate the exact location and nature of the development; 8.6 Require the provision for on-site public facilities or services; and 8. 7 Require lTIOre restrictive standards than those generally required, in this Ordinance. 9. 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 to use the property for the construction and development of a banlc with three drive-thru lanes, subject to the following conditions of use and development: 1.1 Any existing irrigation/drainage ditches crossing or adjace11t to the property shall be tiled per City Ordinance II-9-605.M. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 12 ditches to be piped should be sho'NIl on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public W orl(s Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 A11Y existing dOlnestic wells and/or septic systems withi11 this project will have to be removed from their dOlnestic service per City Ordinance Section 5-7-5 17. Wells may be used for non- domestic purposes such as landscape irrigation. 1.3 Off-street parldng shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance al1d/or as detailed in site-specific requirements. 1.4 Paving and stripil1g shall be il1 accordance with the sta11dards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Developlnent Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or e11gineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.8 Applicants shall provide five-foot-wide sidewall<.s in accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 13 1.9 All constructi011 shall conform to the requirements of the Americans with Disabilities Act. 1.10 Applicant shall provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public W or1<.5 Department. Designer shall coordinate sizing a11d routing of sa11itary sewer and water within the development with the Public W orl(s Department. 1.11 Applicant shall provide the Public W or1<.5 Departlnent with information on anticipated fire flow and dOl11estic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Departlnent to determine whether adequate fire protection exists. 1.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their currel1t POi11tS. 1.13 Applicant shall provide calculation of asphalt area. A minimUlTI of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt are required per Ordi11ance. Austrian Pines should be a nunimulll of 6'-8' in height to be included as trees meeting this requiremel1t. 1.14 Landscaping of 20-foot-wide strip adjacent to Meridian Road shall be provided south of proposed property line as part of this development. 1.15 Coordi11ate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.16 Applicant shall provide letter of approval frol11 Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 14 1.1 7 Applicant shall provide handicapped accessible parldng spaces and associated signage in accordal1ce vvith the Americans vvith Disabilities Act. All building and parldng lot construction shall meet the requirenlents of the Americans vvith Disabilities Act. 1.18 Seventeen-foot long parlcing spaces shall be allowed due to overhang area provided. 1.19 Site plal1 shall be revised to include correct street nalnes. 1.20 Applicants shall satisfy all fire code requirements. 1.21 A fire hydral1t shall be added. 1.22 The applicant shall provide a minimum of lOa-feet of staclcing before the teller vvindow. 1.23 Applicant shall COl1StruCt a 24 to 30-foot vvide curb return driveway on Franklin Road located approximately 200-feet east of Meridian Road (approxilnately the mid-blocl, position) vvith 25- foot curb radii abutting Franldin Road. The driveway shall be paved its full vvidth and at least 30-feet beyond the edge of pavement of Franldin Road. This driveway may be restricted to right-in/right-out operations in the future if necessary. 1.24 The existing 30-foot vvide curb return driveway on Meridian Road located approximately 315-feet south of Fraru<lin Road is approved vvith this application. The driveway shall be paved its full vvidth and at least 30-feet beyond the edge of pavement of Meridian Road. 1.25 Applicant shall provide a recorded cross access easement for the parcels to the south and east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 15 1.26 Applicant shall replace unused curb cuts on Franldin Road and Meridian Road with standard curb, gutter and 5-foot wide concrete sidewallc to match existing improvements. 1..27 Restrictions on width, number and location of driveways shall be placed on future development of this parcel. 1.28 Other than the access points specifically approved with this application, direct lot or parcel access to Franldin Road or Meridian Road is prohibited. 1.29 Requires all laterals and wasteways be protected. 1.30 AlllTIunicipal surface drail1age shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.31 The developer must comply with Idaho Code S 31-3805. 2. The conditions shall be reviewable by the Conlnlission pursuant to Sectiol1 11-2-418(I() of the City of Meridian Planning al1d Zoning Ordinance. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirelnents as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Perluit 111 accorda11ce with this Decision, which shall be signed by the Mayor and City ClerIc and then a copy served by the ClerIc upon the applicant, the Planning and Zoning Departlnel1t, the Public Warks Department and any affected party requestil1g notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 16 NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit Inay within twenty-eight (28) days after the date of this decision and order seelc a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held June /~ 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED~ COUNCILMAN BENTLEY VOTED~ COUNCILMAN BIRD VOTED Vf^ COUNCILMAN ROUNTREE VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 17 MAYOR ROBERT D. CORRIE (TIE BREAlCER) VOTED DATED: b-/5-91 MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planni11g a11d Zoning Departlnent and the Public W orlcs Department. By: City ClerIc Dated: b--( S---t:l9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) - 18 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) CONDITIONAL USE PERMIT FOR ) CONSTRUCTION AND DEVELOPMENT OF ) A BANK WITH THREE DRIVE-THRU LANES, ) SOUTHEAST CORNER OF FRANKLIN AND ) MERIDIAN ROAD, BY OLSON & ) ASSOCIATES ARCHITECTS (HOME ) FEDERAL), MERIDIAN, IDAHO ) IDAHO ) ) ) CUP-99-007 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 15th day of June, 1999, 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 follow'ing action: 1. That the applicant, Home Federal, and Earl Coryell, owner of the property, is granted a conditional use permit for the construction and development of a bank with three drive-thru lanes, as described in the Preliminary Site Plan as Plat bearing DATE: 4/1/99, DRAWN LF, JOB NO. 98099, SHEET NUMBER A 1, BY: OLSON & ASSOCIATES ARCHITECTS, P.A., ARCHITECTS, and FOR: HOME FEDERAL MERIDIAN BRANCH, as conditionally approved by order of the City Council on the 15th day of June, 1999, for the development of the aforementioned projects and which property is described in Exhibit "A" attached hereto. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for the construction and development of multiple buildings on a single lot, subject to the following conditions of use as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project shall 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. 2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.0.4 and 11-2-414.0.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.1 0 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) 2 coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2.11 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. 2.13 An appropriate number of three-inch (3") caliper trees are shown on the site plan. Landscape plan is not to be revised without prior written approval of the Planning and Zoning Department. 2.14 Signage shall be limited to one low-profile monument type sign. Sign shall be placed outside of sight triangle. Detailed signage plans will be subject to design review. 2.15 Applicant shall coordinate the location and sizing requirements of the trash enclosure with Sanitary Services, Inc. and obtain written approval of the plans prior to applying for building permits. 2.16 Application shall provide a letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 2.17 All outdoor storage of equipment and material must be enclosed with a screening fence. 2.18 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.19 Applicants shall satisfy all fire code requirements. 2.20 A fire hydrant shall be added unless it is determined by the Fire Department there is not enough water for fire flow in which case the applicant shall add a fire sprinkler system. 2.21 Driveways shall be located a minimum of 50-feet from any intersection, as ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT OLSON & ASSOCIATES ARCHITECTS (HOME FEDERAL) 3 measured near edge of driveway to back of curb. 2.22 Driveways shall be a minimum of 3D-feet wide and a maximum of 40-feet wide, paved a minimum of 3D-feet beyond the back of sidewalk. Shared driveways are encouraged. 2.23 Restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.24 Direct lot or parcel access to Locust Grove Road and Pine Avenue is prohibited. 3. The conditions shall be reviewable by the Council pursuant to Section 1-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 4. 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. 5. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Olson & Associates Wes Worcester d.b.a. Santee Construction in Railside Park Subdivision. 6. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of S 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meetin held on June 15, 1999. ERT D. CORRIE ayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 4 $. &> J1:. 8~F(~M-; /71'U7. 5505 W. Franklin Road. Boise, Idaho 83705-1055 Land Description Home Federal Savings Meridian, Idaho A parcel of land situate in Government Lot 1 of Section 18r Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particutarly described as follows: Commencing at the northwest comer of said Section 18; thence N89020t10"E, 73.90 feet along the northerly boundary of said Government Lot 1; thence SQOo39t50"E1 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-of-way of Franklin Road and to the Real Point of Beginnlng.1 Thence S88019'02"E, 61.02 feet along the southerly right-af-way of Franklin Road to a point of curvature~ Thence 110.16 feet along the southerly right-af-way of Franklin Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet. a central angle of 01005'37") a long chord of 11 O~ 16 feet and a chord bearing of SB8Q50tQO"E; Thence SOoo49'05'W, 147.98 feet along a line parallel to the easterly right-of-way of Meridian Road; Thence N88050'5SIlW, 202.95 feet to the easterly right-of-way of Meridian Road; Thence NOQo49'OSIlE, 116.61 feet along the easterly right-af-way of Meridian Road; Thence N45049'05"E, 44.94 feet to the Real Point of Beginning. Comprising 29,582 square feet, more or less. Andthe following described land as a non~exclusive easement for purposes of ingress- egress: Commencing at the northwest comer of said Section 18; thence N8902Q'1 QIlE, 73.90 feet along the northerly boundary of said Government Lot 1; thence Sooo39'50"E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right..of-way of Franklin Road; thence S45049'05uW, 44.94 feet to the easterly right-af-way of Meridian Road; thence Sooo49'05"Wt 116.61 feet along the easterly right-af-way of Meridian Road to the Real Point of Beginning: Thence S88050'56I1E, 55.59 feet; Thence S28046'52f1W, 22.57 feet; Thence Sooo49'05'W. 139~49 feet along a line 45.00 feet easterly of the easterly right-af-way of Meridian Road; Page 1 of 2 EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT Thence N89Q10'54UW, 45.00 feet to the easterly right-af-way of Meridian Road; Thence N00049'05IJE, 159.75 feet along the easterly right-af-way of Meridian Road to the Real PoInt of Beginning" Andthe following described land as a non-exclusive easement for purposes of ingress- egress: A strip of land 15.00 wide, easterly of and adjacent to the following described line: Commencing at the northwest comer of said Section 1 B; thence N89020'10uE, 73.90 feet along the northerly boundary of said Government Lot 1; thence Sooo391501lE, 34~66 feet along a fine perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-af-way of Franklin Road; thence S88019'02"Et 61.02 feet along the southerly right-af-way of Frank.lin Road to a point of curvature; thence 110.16 feet along the southerly right-af-way of Franklin Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet. a central angle of 01005.3711, a long chord of 110.16 feet and a chord bearing of S88050'QQtlE to the Real Point of Beginning: Thence SQOo49'05"W, 147.98 feet along a line parallel to the easterly right-af-way of Meridian Road to the Point of Terminus. And Subject lathe following described non-exclusive easement for purposes of ingress- egress: A strip of land 15.00 wide, westerly of and adjacent to the following described line: ,.. Commencing at the northwest corner of said Section 18; thence N89~O' 1 OKE, 73.90 feet along the northerly boundary of said Government Lot 1; thence SOQo39'50"E, 34.66 feet along a line perpendicular to the northerly boundary of said Government Lot 1 to the southerly right-af-way of Franklin Road; thence S88019t02"E, 61_02 feet along the southerly right-af-way of Franklin Road to a point of curvature; thence 110.16 feet along the southerly right-af-way of Franklin Road along a tangent curve deflecting to the right, with a radius of 5,771.58 feet, a central angle of 01005'3711, a long chord of 110.16 feet and a chord bearing of S88050'OOIlE to the Real Point of Beginning: Thence SQOo49'05IlW) 147.98 feet along a line parallel to the easterly right-af-way of Meridian Road to the Point of TermInus. Date.* March 29J f 999 Prepared By. Joseph D. Canning, PLS 4116 Page 2 of 2 EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT q (j5~8 //' - ) i J .' .J AFTER RECORDING RETURN TO: DWIGIIT F. nl~KEL Attorney at Law 8150 Emerald - Suit~ 150 Boise, Idahc 8J7~ T~lephon~ (208) 378-4166 FOR ~.. GI\ANT{JR~ QUITCLAIM DEED ~;~:;~~~ / EARL C. COR YELL and ELIZABETH P. COR YELL, hu ffl j 22 i(! G RA 'JTl~E: EARL C. CORYELL AND ELI7ABETH P. CORYELL, AS CO--TRUSTEES or 'ftiE EARL AND ELIZABETH CORYELL TRUST UNDER TRUST AGREEME1'-fT DATED OcrOBER 17, 1990 AND THEIR SUBs'rrTUTES AND S~CCESSORS AS TRUSTEE THEREUNDER. GRAN.rl~E'S ADDRESS: 97 East First Scret, Meridian, Idaho 83642. l)ESr:R IPTION elF REAL PROPERTY CONVEYED BY THIS DEED: S i [ual~d in the County of Am, State of Idaho: All of that portion of Government Lot 1 in Section 18, l'ownship 3 NOM, Range 1 East, !3uise l\1 c:ridian , which is situated West of the Westerly right of way line of East First Street (State Highway 69), EXCEPT the Southerly 62.~.71 f~t thereof, AJ\TI ALSO EXCEPT the parcels described as Exceptio~s Nos. 11 2, 3, 4, and 5 below: E~ti.un~: l\)niuns heretofore con'wcyed for road and highway purposes for Fr.lnk.lin Road (U .s. 11 ighway 30) along the Northerly boundary of "aid tract of land, and for Meridian Stre~t nJul\!! the Wcslc:-ly boun~llry or said trlla.:t of ltUld. E~U1LNu ..2: 1\ par\:cl described c1S follows: Conltllcncu,~ at the Northwc~t (,;\)nlCr of snid l.ut 1 in Sc:t:lion 1 ~I Township 3 North, Range 1 EaSt, Boi~c MeriwllI\, and running th~ncc South ulvng the West line of said Section 18 II. distance of 328.b f~t to a point. the REAl.. PL. \~E OF BEGINNING; thence N onh ~yoOOI East a distance of 175 feet; thence South parallel to said Se:tion line a dis:..ance of 110 feet; thence Suulh g90001 West Q distance of J 75 feet to n point on said S~tion line: thence North 11lung the said Section line II ilisUUlce of 11 0 f\~t to the rc ~l plttl.:c of beg inniflb' l) l f r!,(~l..t\ I M [)EF-:O - Page I of 3 Pages EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT Exception No.....J: The tract of land descnDcd in rlnrnment recorded as Inmumcnt No. 406459, records of Ada County t Idaho. E:\ception No.4: Commencing at the Nonhwest comer of Section 18, "'fownship -= North, Range 1 E.as~ Boise Meridian, and bearing S. 89Q2Cr E... 498 feet. along the North boundary of sa.:d Section 18; thence South 205 f~t along tho West boundary of the right of way of East First Street (State lIighway 69) to the REAL POINT OF BEGINNING; thence continuing South 100 feet, along said West boundary of said right of way; thence N. 89020' W.t 160 feet; thence Nonh 100 feet parallel to said West boundary of the right of \vay; thence s. 89020' E., 160 feet to the point of beginning. Exception No.5: A parcel d~bed as follows: Comme:lcing at a found brass cap mUi: '.uncoting the Northwest Comer of said Section 18; thence along tho Westerly ~ine of said Section 1&. S. ()()o50'53" W... a distance of 2654..39 feet to a found brass cap monumcnting the West 1/4 Corner of said Scctioo. 18; thence back. along said Westerly lioc N.. flOOSO'S3" a. I. distance of 1327..06 feet to a found aluminum cap monumcnting the Southwest Corner of aid Government Lot 1; thence continuing along nld Westerly line N. 00050'53" E.. . distance of 625..71 feet (previously shown of record u North 625..70 fcc.J to the Nonhwest Comer of tr.,.:\t certain trar:t of land dcscnDoi in Insttumcnt No, 452519. records of Ada County. Idaho; thence leaving said 'Vester);, line along the Northerly line of the land described in said Instrument N~ 45~19, S.. 88030'16" a, a distance of 25.00 feet to 11 found steel pin on the Easterly ri&ht-of-wa)" of )'I~ Road.. said S\CCl pb bein.& the REAL POINT OF BEOINNrnO; Ihcocc alona said Easterly rlaht-Of-way N. 00050'53" ;~, . distance of 47.20 feet tQ the Sout.'1\\'est Comer of that certain tract of land described in Instrument No. ~~9. rccortb of Acl& CoWlt)'. Idaho; thence alona tho boundary of tho trICt dcscrlbed in said lnstnunont No. ~9 S. 89''09'07" E... . distance ot 70.00 fe6l to a poin~ thence N. ooo~O'S3" a, I dlSWlCC ot 30.00 feet to I point; thence N. 89009'07" W., I clisUlJ\cc or 70,00 feet tt) I point on tho Basterl)' rl&hl -of-WAY of Meridian Road; thence loavina thu boun\1ary of tho tract dcscrihcd in said Instrument No. 4~9, alena tho ~dd Easterly riaht-of-wllY of McrlcUan Road N. 00050'53" fl.., 8. distAl1\..."'e of 183.40 feet tu a point; thence leaving SAid Easterly right- of-way S. 8800610211 E., I distance o! 150.18 feet to Ilteel pin; thence N. 00052102" E., a d1:itAnCC ot ~O.08 (tel to a .tee! pin; thcn~ N. 0005700" a. I aistancc of 9.97 fC4l to I lteel pin; thence QLrITCLAI~1 DEED - Pag,,= 2 of 3 Pa.ges EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT . ~ S. 89017'23" E., a distance of 301.81 feet to a steel pin on the westcriyrishi-of~~'Jf<,' . East 1st Street; thence along said W estcrly righ~f-way \' " -.~. ~~:.: -". .;.;~~. " .~ " :;t:~-;;~~:.. S. 01017' II" W., a distance of 323.70 feet to a found steel pin on "tho NorihCrly~nnC .cit.:.?2'. . ..,' . - .. ~ the above mennoncd tract of land desaibed In Instrument No.,4S2S19. records of :~ Ada County t Idaho; thence leaving the Westerly right-of-way of EaSt 1st 'street~ I. -' and along the Nonhcrly line of said tract of land dcsc:ribcd in lnstrumcnt'"N~.~;" 452519 .: ,. _ :'. . '. . ~,'~.: ~.'~::~~,~;~~. N. 88030'16" W. (previously shown of record as N. 8~2a W.), a distance of 449.56 fcCt:~<- to the REAL POINT OF BEGINNING.' ~. .~..:.. . . FOR VALUE RECEIVED, the abovc-namcd Grantor docs hereby convey, re1~:. remise, and forever QUrrCLAIM unto the above-named Grantee, the. real propcny aboVe described, together with the appunenanccs. , '''~'"~:w.:~'" This deed is given for estate planning purposes to vest title to tho p1"opert)' in a . revocable living trust established by Grantor parties. There is no valuable consideration in cub' ~ or property. DATED: October --1.2-. 1990. ~__/A' ~~d/ EARL c. CORYELL ~..t...n,P, ~~U :EtH P. COR STATE OF IDAlIO ) )Js. COUftrY OF ADA ) On this ./l. day o/Ocf.r.lP90, btforf Il'W.. Notary Public in arid for said SIatt, ptrsOMl" appartd. EA.RL ORrEll and EUZABETH ,. CORrELL. known ; d ftl ift td to II'W to bt IIw pn-:oAJ WM. ....,., are su scr; d to th~ '..dtnin ilUlrtllfWIIl. and Ikk:Jtorwl~ (0 m~ tha t~ e.t<<6.,a:l lit QurrClAIM DEED - Page 3 ot 3 PqC.:I EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN In The Matter of The Request ) For REZONE OF ) APPROXIMATELY 9.838 ACRES ) FOR PROPOSED TREMONT ) PLACE SUBDIVISION, ) ) LUNA VISTA, INC. ) Applicant ) ) Case No: RZ-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONING The above entitled Inatter on the rezoning application of 9.838 acres having come on for public hearing on May 18, 1999, at the hour of 7:30 o'clocl( p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Bob Unger of Pinnacle Engineers having appeared on behalf of the applica11t, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning COlTIlnission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Fi11dings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for rezoning was published for two (2) consecutive weel(s prior to said public hearing scheduled for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - I May 18, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (IS) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 18, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comlnents and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and 88 II-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Cou11cil tal(es judicial notice of its zoning, subdivisions and development ordinances codified at Title II, 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 No. 629 - January 4, 1994, and maps and the ordina11ce Establishing the Impact Area Boundary. 4. The property is approximately 9.838 acres in size. The property is generally located at 725 W. 8th Street in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 2 5. The owner of record of the subject property is Broadway Estates, Meridian, Idaho. 6. The Applicant is Luna Vista, Inc., 9020 Blacl( Eagle Drive, Boise, Idaho. 7. The property is presently zoned Medium Density Residential (R- 8) . 8. The Applicant requests the property be rezoned to Medium Density Residential (R-8) without conditions. 9. The proposed site is vacant. 10. The subject property is within the city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Plan11ing Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: Develop and construct Single Falnily Residential (4.38 D.U./Acre net) housing. 13. The Applicant's requested rezoning of the subject real property as Mediuln Density Residential (R-8) without conditions, is consistent with the comlnercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 3 ( 14. This proposed zoning amendment falls within the scope and policies of the City's Comprehensive Plan. 15. The original C011ditions of rezone request by Lorin Saunders included requirements that: The property be developed as a townhouse project under the conditional use permit process for a planned development; the minimum house size is to be 1,30 I square feet; a recreational easement be provided for along Nine Mile Creel( with construction of a bil(e path; the grid system of Idaho Street be continued; and a development agreement be entered into as a condition of the rezone. 16. Sanitary sewer service to this site is being proposed via an existing main adjacent to Nine Mile Creel( near the Sunrise Health Care (formerly Western Pines) facility. 17. Results of test hole investigations performed January 19, 1999, indicate that groundwater is somewhat shallow (approx. 2.5' froln surface). The investigation was performed at a time when the groundwater table is generally near its annual low. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high grou11dwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. 18. The legal description submitted with the application appears to lneet all of the criteria required by Meridian City Resolution 158, and the Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 4 State Tax Commission. 19. A development agreement was required for this project, as a condition of the original rezoning of the property. 20. 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: 20.1 The applicant's request for an R-8 zone with "no conditions" can obviously not be granted; however, the original conditions shall be modified to provide as follows: A. that 100% of houses in the subject project need not be a minimUln of 1,30 I sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2- 411 (D)(2) and (3); B. single family housing be allowed in lieu of townhouse development; a11d c. that the subject property need not be developed as a planned develoPlnent under the conditional use permit process. 20.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than Ininimum grades and, in some cases, less than minimum depths. Pill materiallllust be used if necessary to achieve the desired design criteria. 20.3 Water service to this site is to COIne from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 5 20.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 20.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation froln the seasonal high groundwater elevation. 20.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the development. CONCLUSIONS OF LAW I. The Council may tal(e judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 This proposed zoning alnendment falls within the scope and policies of the City's Comprehensive Plan. 4. The requested zoning of Medium Density Residential (R-8) without conditions is defined in the Zoning Ordinance at 11-2-408B(7) as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to perlnit the establishment of single- and two-family dwellings at a density not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 6 exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is lil(ely 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 of Meridian is required. 5. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the R-4, R-8, R-15 and R- 40 zone. 6. That Idaho Code S 67 -6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be alnended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conforlnance with the Comprehensive Plan. 7. ~ 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lal(es or other bodies of water, the centerline shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 7 construed to be such boundary; 7 .2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracl(s of said railroad line. 8. That 9 11-2-416 I( GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: I. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into comlnercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 8 dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendnlent shall be able for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smol(e, fumes, glare or odors; 10. 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; II. Will not result in the destruction, loss or damage of a natural or scenic feature of Inajor importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 9 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the redesignation of the zoning for the real Property included in the application to (R-8) Medium Density Residential. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following: 2.1 a. that 100% of houses in the subject project need not be a minilllum of 1,301 sq.ft. but the developer shall comply with Meridian City Zoning and Development Ordinance 2- 411(D)(2) and (3); b. single falnily housing be allowed in lieu of townhouse development; and c. that the subject property need not be developed as a planned development under the conditional use pennit process. 2.2 The proposed sewer profiles submitted with the application indicate that the sewer system is being proposed at less than minimum grades and, in some cases, less than minimum depths. Fill material must be used if necessary to achieve the desired design criteria. 2.3 Water service to this site is to come from existing 6" main located in W. Eighth Street and Broadway Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 10 2.4 The pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 2.5 The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. 2.6 Applicant shall not pipe the Nine Mile Drain and shall provide a multiple use pathway along the drain and utilize Nine Mile Drain as an amenity to the developlllent. 2.7 Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer the rezoning to Mediulll Density Residential (R-8) will be declared null and void. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - II NOTICE OF FINAL ACTION Please ta]<e notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. 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 rezoning 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 .:fLLnL ~, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ VOTED~ VOTED~ VOTED~ COUNCILMAN GLENN BENTLEY COUNCILMAN I<EITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT CORRIE (TIE BREAI<ER) DATED: Uti , / ~ , VOTED MOTION: ~ APPROVED: ftVr;t ..:;::;- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 12 ( Copy served upon Applicant, the Planning and Zoning Department and the Public W orl(S Department. By: Jf~~~;Je~ { r- City Clerl( "l--/-tfr Dated: ey/Z:\ W ork\M\Meridian 15360M\TremontPlace Plat&Rez\RZ.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF TREMONT PLACE SUBDIVISION - 13 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ALICE CULVER, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.0 ACRES AT 911 E. PINE STREET, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) Case No. AZ-99-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above e11titled an11exation and zoning application having come on for public hearing on May 18, 1999, at the hour of 7 :00 0' clocl( p.m., and Shari Stiles, Planning and Zoning Adluinistrator, and Gary Smith, Public Worl(S, having appeared and testified, and the Applicant, Alice Culver, having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record i11 this matter therefore mal(es the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for May 18, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / ALICE CULVER withi11 three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all 110tices 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 18, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and sublnit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and ssll-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of Meridian, and all current zoning Inaps thereof, and the Comprehensive Plan of the City of Meridian adopted Decelnber 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1 acre in size. The property is located at 911 E. Pine Street in Meridian, Idaho, between Meridian Road and Locust Grove Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER 5. The owners of record of the subject property are Walt and Alice Culver, of 6100 Pierce Parl( Lane, Boise, Idaho. 6. Applicant is the record owner of the subject property and filed a written reqllest for annexatio11 and zoning. 7. The property is presently zoned by Ada County as Estate Residential (R-l), and consists of agricultural land with a single falnily dwelling. 8. The Applicant requests the property be zoned as Medium High Density Residential District (R-15). 9. The site of the subject property is located on the south side of Pine Street approximately 1700-feet west of Locust Grove Road. 10. The city limits of the City of Meridian are adjacel1t and abut to the north of the subject property. II. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following Inanner: Develop a four-plex, triplex or duplex multi-family dwelling,. 14. The Applicant's requested zoning of the subject real property as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER Mediulll High Density Residential (R-15) is consistent with the Meridian COlllprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the gover111nental subdivisio11s 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 Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 Upon future development, any existing irrigatiolvdrainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Department. 16.2 Any existing domestic wells and/or septic systems withi11 this parcel shall be relTIoved from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 If the R-15 zone is approved, staff recolnlnends that all development proposals be processed under the conditional use permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER Adopt the Recommendations of the Ada County Highway District as follows: 16.4 Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building perluit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of- way from available impact fee revenues i11 this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance with Section IS of ACHD Ordinance #188. 16.5 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 16.6 Applicant shall construct a S-foot wide detached concrete sidewall( on Pine Street abutting the site. Locate the sidewall( within 2-feet of the new right-of-way of Pine Street. Coordinate the location, elevation and grade of the sidewalk with District staff. 16.7 Locate all driveways a Ininimum of ISO-feet from the nearest existing/proposed driveway on Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Pine Street and install paveluent tapers with IS-foot radii abutting the existing roadway edge. 16.8 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 17. It is found that if the developer pays for the requested improvements and cOluplies with the conditions set forth in these findings of fact no. 16, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER ( will be protected, which requirement shall be included i11 a developluent agreement, a condition of annexation and zoning designation. 18. It is fou11d that the development considerations which must be tal(en into account, in order to assure the proposed developlnent is designed, constructed, operated and Inaintained in a lnanner 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 existi11g, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smol(e, fumes, glare and odors. 19. Applicant shall submit a metes and bounds legal description that references the recognized government corners. 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. 20. The property is currently zoned R-l in Ada County. Applicant has requested annexation because sewer service is being requested and the Meridia11 City Council asl(ed that an annexation application be sublnitted. The requested zone, R-15, is for a Medium High Density Residential District. The purpose of the R-15 District is to permit the establishment of luedium-high density single-family attached FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER al1d lTIulti-faluily dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such ~istricts ll1USt have direct access to a transportation arterial or connector, abut or have direct access to a parl( or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housil1g types in this district will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condolniniums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creek is directly across Pine Street to the north. 21. The property included in this application is located in an area desigt1ated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-l in Ada County. The property north across Pine Street is zoned L-O. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as an (R-15) Medium High Density Residential District, as requested by the Applicant, will be compatible to the developlnent in the surroundi11g area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-15) Medium High Density Residential District and is accordance with the adoptive Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER of the City of Meridian. 24. There are no major or scenic features of major importance that affect the c011sideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of grovvth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehe11sive plan and the Zoning ordinances of the City to all applications such as the subject application. 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applica11t comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this lnatter. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self ide11tity. 25.5 The proposed development will be consistent with the goal of supplying employment and econolnic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and iluplement public iluprovements, services and its open space character. 25.6 The preservation and improvelnent of the character and quality of Meridian's man-made environlnent while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Plan11ing Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Z011ing ordinances of the City to the subject application. 26. The property can be physically serviced with City water and sewer, if applicant extends the lines. 27. Meridian has, a11d is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into cOlnmercial uses and other uses. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / ALICE CULVER 2. The COU11Cil may tal(e 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 1 975', codified at Chapter 65, Title 67, Idaho Code by the adoptio11 of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994. 4. The following are found to be pertinent provisions of the City of Meridial1 COInprehensive Plan and are applicable to this Application: 4.1 The c011sideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the ainl to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 4.2 This proposed new growth development will finance public service expansion by the requireInent herein that the applicant cOIn ply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this Inatter. 4.3 The expansion of commercial development is facilitated by the granting of this application subject to the c011ditions herein set forth. 4.4 The application is consistent with Meridian's self identity. 4.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public iInprovelnents, services and its open space character. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER ( 4.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient conlmunity is achieved by applying the criteria of the C9mprehensive plan and the Zoning ordinances of the City to the subject application. 4.7 Compliance with the requests of the political subdivisions providing services, assures that COITI111unity services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently Inanaged and clearly identifiable. 4.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordina11ces of the City to the subject application. 5. The requested zoning of Medium High Density Residential District, (R- IS) is defined in the Zoning Ordi11ance at 11-2-408 B. 5. as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of I11edium-high density single-falnily attached a11d multi-falnily dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a parl( or open space corridor, and be c011nected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types i11 this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Residential, lists residential uses allowed in the various zoning districts of the City; that single-family dwellings and multi-family dwellings are listed as permitted uses in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER the MediuIll High Density Residential (R-15) District. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shalllneet and comply with the Ordinances of the City of Meridian including, but not limited to: Sectio11 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systeIns. 9. The development of the property shall be subject to and c011trolled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2-417 D of the Zoning and Developlnent Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a conditiol1 of the zoning, that an owner or developer mal(e a written comlllitment concerni11g the use or development of the subject property. If a commitnlent is required or perlnitted, it shall be recorded in the office of the Ada County Recorder and shall tal(e effect upon the adoption of the ordinance an11exing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER 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. This application is for annexation and zoning of 911 E. Pine Street, located on the south side of Pi11e Street approximately 1700-feet west of Locust Grove Road, Meridian, Idaho. 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. 2. That the City Attorney shall prepare for C011sideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-15) Medium High Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts I and 3 of this order have been met; and 3. Developer e11ter into a Development Agreement, that provides in the event the conditions therein are not Inet by the Developer that the property shall be subject to de-ann~xation, with the City of Meridian which provides for the following c011ditions of development to-wit: 3.1 Applicant to submit a metes and bounds legal description that references the recogl1ized governIne11t cor11ers. 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. 3.2 Property is currently zoned R-l in Ada County. Applicant has requested annexation because sewer service is being requested and the Meridian City Council asked that an annexation application be submitted. The requested zone, R-15, is for a Medium High Density Residential District. The purpose of the R-lS District is to perInit the establishlnent of Inedium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or connector, abut or have direct access to a park or open space corridor, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / ALICE CULVER and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartme11t buildings and condolniniums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creel( is directly across Pine Street to the north. 3.3 The property included i11 this application is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-l in Ada County. The property north across Pine Street is zoned L-O. 3.4 Upon future develoPlnent, any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 .M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public W orl(s Department. 3.5 Any existi11g domestic wells and/or septic systeIns within this parcel shall be removed from their donlestic service per City Ordinance Section 5 -7 - 51 7 . Wells may be used for non-domestic purposes such as landscape irrigation. 3.6 If the R-15 zone is approved, staff recolnmends that all developlnent proposals shall be processed under the conditional use permit process. 3.7 Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building perlnit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-af-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 brealdng ground, in accordance with Section 15 of ACHD Ordinance #188. 3.8 Utility street cuts in the new paveInent are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER 3.9 Applicant shall construct a 5-foot wide detached concrete sidewall( on Pine Street abutting the site. Locate the sidewall( within 2-feet of the new right-of-way of Pine Street. Coordinate the location, elevation and grade of the sidewalk with District staff. 3.10 Locate all driveways a minimum of ISO-feet from the nearest existing/proposed driveway on Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has a11 interest in real property which may be adversely affected by the issuance or denial of the aunexation and zoni11g and who may within twenty-eight (28) days after the date of this decision and order seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held May 18, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED~l/? if COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN I<EITH BIRD VOTEDr COUNCILMAN CHARLIE ROUNTREE VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAl<ER) DATE: 6-1- 99 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER ( MOTION: APPROVED: ~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning DepartInent and the Public Works Department. Dated: b-f-'1tf By: City Clerl( msglZ:\Work\M\Meridian 1 5360M\Culver AZ\FFCL \\\\\\IUHtIIJI \\ \ 1l r ! I; \\." ~f Of f.~€~{. II.(~ x ..cr .~ ttk,...... . .I ''''''0''\ . ~~"'lt_...t ./<""J " ~'., "/ j' ~'CfP~))., -. .:,~ \ , '0_ ~ SEAL g :. ~ /:)- ~ "? ~G.:9 ...q;'~ n f ~ ~ '15\ · ~r' .{ ~ ~C ~~~. " 1".....,.1". Q/IA. f,.":";,,"V \1) ",.... /)//( Vt~ ~ l . \\\\.\ IlltlHi HI"\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ALICE CULVER RESOLUTION NO 2 53 BY: GlehfrL l5.eh/I-/.e(f (lIly C.owv..-cd?h.-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT . AGREEMENT", DATED THE I~ DAY OF JUne- , I 999, BY AND BETWEEN THE CITY OF MERIDIAN AND WENDELL LAWRENCE AND ICATHLEEN LAWRENCE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best i11terests of the City of Meridia11 to enter into an agreement with WENDELL LAWRENCE AND I<ATHLEEN LAWRENCE, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerl( are hereby authorized to enter into a11d on behalf of the City of Meridian that certain agreeInent with WENDELL LAWRENCE and I<ATHLEEN LAWRENCE, husband and wife, entitled "DEVELOPMENT RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A' DEVELOPMENT AGREEMENT WITH WOODROW L. CHASE AND ANITA J. CHASE (WENDELL AND KATHLEEN LAWRENCE) AGREEMENT" dated the If!day of d~ ,1999, by and between the City of Meridian and Wendell Lawrence and lCathleen Lawrence, husband and wife, a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~s/-. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /,/ day of J~ ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l!:f day of d~ ,1999. - ATTEST: RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WOODROW L. CHASE AND ANITA J. CHASE (WENDELL AND KA..THLEEN LAWRENCE) 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerl( of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this C,it~I am the custodian of its records and minutes and do hereby certify that on the I )'Y day of J~ , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE /S}? DAY OF J~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WENDELL LAWRENCE AND I<ATHLEEN LAWRENCE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WENDELL LAWRENCE AND I<ATHLEEN LAWRENCE, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cler]c are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WENDELL LAWRENCE and I<ATHLEEN LAWRENCE, husband and wife, entitled CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN "DEVELOPMENT AGREEMENT" dated the /Pdayof r;:;r~ ,1999, by and between the City of Meridian and Wendell Lawrence and I(athleen Lawrence, husband and wife, a copy of which is attached hereto nlarl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) : ss. County of Ada, ) On this }~ day of ~t J nL , in the year 1999, before me, ~C{~ 3\ 'N\ S. , a Notary Public, appeared WILLIAM . BERG, JR., lGlown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclGlowledged to me that he executed the 'same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,'I'......,. ~", , f#" ~....~ C1~L L. 81 ~##~ ~ ~ ......... '4t:^ ~~ ~ ~.o e. V' ~ !SF~A.,"OT~ t_.... \ .. :~I ~.. - . . . - * . .-..... . * : - . . . :. C:: ~ \ )>UBL\ .- 1 ~ U>. -. .. <:> ~ ~ ..?> o. ......~ ~ ...", ~ 7' ........ ~"JI'" ~4i '###, 1J 0 F \'"9 ,...~" ",'.,......",. ~~1-!~~l~ Notary Public for Idaho ) Commission Expires: \ b\ 1 S JoOd--. \ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 :~DA COllNTY RECORDER .J. DAVIO N!\VARRO 8 n : ~. E' r Ul~ F 0 RECORDED - REQUEST OF ~tu~ ~ FEE iF DEPUT~~ 6-1r 99058487 I 999 Jt~ lOP ~i J: L1 L~ CITY OF MERIDIAN ORDINANCE NO. 8 2--7 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE 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 LIMITED OFFICE DISTRICT (L-O); AND DECLARlNG 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 CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-vvit: A parcel of land located in the Southwest Quarter of Section 12, Township 3 North, Range I West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest comer of said Section 12; thence North 00004'00" West a distance of 1282.33 feet along the Westerly line of said Section 12 to the TRUE POINT OF BEGINNING, said point being the Southwest comer of Lot 1, Heppers Acre Subdivision; thence North 00004'0011 West a distance of 300.02 feet continuing along WENDELL AND KATHLEEN LAWRENCE ANNEXATION AND ZONING ORDINANCE the Westerly line of said Section 12 to a point on the center line of Union Pacific Railroad Right-of-Way; thence South 88059'0011 East a distance of 358.61 feet along said Union Pacific Railroad Right of Way center line to a point; thence South 00007'00" West a distance of 300.00 feet to the Southeast' comer of Lot 1, Heppers Acre Subdivision; thence North 88059'00" West a distance of 357.65 feet along the south line of Lot 1 of said Heppers Acre Subdivision to the POINT OF BEGINNING. Said parcel contains 2.47 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City IS/; of Meridian and the owner of the land described in Section 1 dated the "/" day of ~~ ,1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. WENDELL AND KATHLEEN LAWRENCE ANNEXATION AND ZONING ORDINANCE 2 SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerl< of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a 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 s63-2215 and s50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I Sf; day of J~ ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! Sf. day of ~7ZV?-e- , 1999. WENDELL AND KATHLEEN LAWRENCE ANNEXATION AND ZONING ORDINANCE 3 / STATE OF IDAHO,) ss. County of Ada. ) On this. } <Sf day of , 1999, before me, the undersigned, a Notary Public in and for said ate, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., knovvn to Ine to be the Mayor and City Clerl( of the CITY of Meridian, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Inyofficial seal the day and year first above written. ~", ".""'..#1 ~~~~ () ~L L. 8}:. ~~~#~ ~ ~ ....... ~ ~~ ~ ~.. ... 'cP ~ ~( S "L · ~ 1\. oT~.....\ \ -. ~.. - . I · : * : ..... I * i ... C. ~ \ .PUBl..;\ .e I ~ <P .. ."0 ~ ~ ~ e. .....~ ~ ." ~ ........ ~v ~ '###, rlJ OF \"0 ~~ft,'~ """"IIII"~-- NOT Y PUBLIC FOR IDAHO RESIDING AT:Jl}"" ;~tu- MY COMMISSION EXPIRES: Jdls/diJ02. msg\Z:\Work\M\Meridian 15360M\Lawrence Day Care\AZ. ORD.WPD WENDELL AND KATHLEEN LAWRENCE ANNEXATION AND ZONING ORDINANCE 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho ) day of (\ , ~ rt , in the year I 999, before me, ~ , a Notary Public, appeared WILL G. BERG, JR., Imown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to nle that he executed the same on behalf of the City of Meridian. " "......., ~"". '1,1. ".,4ft; (j ~L L. Sl #~~ ~.. ~ 1 ...... ,. A ___ It.,. ~ 't'"~.- -.. "I;'Y~ ~ ~ ... .0. ~ fsE/L~OT A~ r \ i .. . . .. : * : .... .. : * : .. . h. c.. \ -. .rrtrBL\ .: $ n"*~J<\M\Mer!~ ~~OM\Lawrence Day Care\CertificationOfClerkOrd ~~ ~:r ....... ~~ ...... 4t#I"" 1! 0 F \'9 ~..,.... ;",.......",." ~~~~hod ~ Commission Expires: J J s: :2~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Ii /- -------------------------_~____ I I _~ I I I .' I : I I I J. I I ~/~f' /~.~~.~.VbO.~?ha.b';< I 1,0 / / / /" /. . / 8 lld;/c~., '~//.,' --', ._"/ ... I ,- 0/ ,.' /' ,-' ...-' / " //8 rfl.' / - , .' / / '-fl) - - -ll /-7-- "-- '-- "':',,~- -./ -- ~ / II~'./>'///'././ / I r:/' f /' .--" /,,"ato /s~? - .~ , 10 ' / ./ /// /" / .,.' - .. ' II lO.,>//>., /..,~. /~ 'I (:f / / / ,- / ,/",- _ . . " ..... I ,f - ./ // /' " .' .' ,''''' I IV1/ // // ,,/ . ~.' I ,0/ ' // // ,/ .- c,/(5, i t J ,r4'~ ~.;q, ~oo '\",,'~:s'\ .1o$!',/v1 I I I I I I II I II I I I I: : I I I I I I I I I I I I I I I I I I I , I I I I I I .... I I tn, I 1~1 I NI I I d3, I ('I, I -I, I I )1 I ... I I ....01 I ...Of I '31 I . I I 101 I QI I 4, I "21 I I I I , I f I I I' I I I II I I I I I I I I I I I I I I I I I I I I I I ---------- ( \--.p I I I I I I I I I I I UF!~~ \a. ---------____r - - - - - --...-. K I I I IHfPPf~ I I r-AGRE-S r I I IStJB~ .~Jg~.tm.iJ~ - - - - - - -'t~"s #'~~:..~?"~~~~f$3f,Z.[9. ~D~E~i:C~~JC:~~~ Ek:~ .,. ~ff;#~ ~~~. ,.3<;,,;+' ~,b' :,'C>",.t' I I I I I: : k I l _ -=- -=-_ _ _ 11 \. ____-= _-== _ ~ -=-- _ _ _ _ =: _ -==- _ -= _-_ _ _ _ _ _ _ _ _ ~ -=-_ ==-.:::- _=_-==-= --.-.----.-----.-- -------~--....._-----_._---_.__..._--_.. .'- -..--.- -.- .-- ------~. --... -.-.. .-. _.~---_._--- ------ . -------, -~I I I i I ~ ~w CO~NE.f2. sEc... ,1- T..1.t.J., (Z. t vJ.., Ib.. ~ 1~----------------------------------------________ r /- - - - - T - I ( I : I : I !/ I /(1) ( JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680..1150 TEL (208) 288,2499 FAX (208) 288,2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653~0247 TEL (208) 466~9272 FAX (208) 466~4405 Email viaInternet@wfg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE June 17, 1999 William G. Berg, Jr. MERIDIAN CITY CLERI( 33 East Idaho Meridian, Idaho 83642 RECEIVED J U N 1 7 1999 CITY OF lVIERIDIAN Re: THOUSAND SPRINGS SUBDIVISION NO.5 Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public W orl(s. If you have any questions, please give me a call. Very truly yours, ll1Sg/Z:\W ork\M\Meridian 15360M\Thousand Spgs No. 5\BergLtrFP ( ( BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF FARWEST LLC ) FOR APPROVAL OF FINAL PLAT ) FOR THOUSAND SPRINGS ) SUBDIVISION NO.5, ) MERIDIAN, IDAHO ) ) ) FP-99-0 1 7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Pinal Plat approval pursuant to S 11-9-604 H Municipal Code of the City of Meridian the 1 st day of June 1999, and the Cou11cil 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 Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to City Engineer, listing 6 General Comments and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council tal(es the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "Thousand Springs Subdivision No.5" as evidenced in Plat beari11g the job reference #990205 \THSPSPLT. BI<B 04/23/99, SHEET 1 OF 3 stamped APR 23 1999 and SHEET 2 OF 3 stamped APR 22 1999, BRIGGS ENGINEERING, INC., Consulting Engineers, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 1 ( FARWEST L.L.C, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor a~d City Council from Bruce Frecldeton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 1, 1999, listing 6 General Comments and 18 Site Specific Comments, a true and correct copy of which is attached hereto marl(ed Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Fire Chief, I(enny Bowers, requires that all common areas and lots will need to be l(ept clear of trash and weeds; that roads and street name signs will need to be installed before construction is started. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 2 disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guidebool(. Prepared by City of Boise Public W orl(s Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City ClerIc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat diInensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 1st day of June, 1999. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 3 , I ( Copy served upon Applicant, the Planning and Zoning Department and the Public W orl(s Department. BJ~~~/~' City Clerk I Dated: 6-1-9Gj msg/Z:\Work\M\Meridian 15360M\Thousand Spgs No. 5\CondAppFP ..... ,... ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 4 ( (lIe /.a-/- HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (108) 884-4264 Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 · Fax (208) 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 MEMORANDUM: June 1, 1999 To: Mayor and City Council Bruce Freckleton, Assistant to City Enginee~ Shari Stiles, P&Z Administrator~ Request for Final Plat Approval for Thousand Springs Subdivision No. 5 by Farwest L.L.C. - 79 Single-family Lots/I 0 Common Lots on 32.06 Acres From: Re: We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL C011NIENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Please submit a copy of the Ada County Street Name Committee's [mal approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform (E. Burgdorf Drive). 6~ If possible, please address, in written form, all items contained in this memorandum and submit to the City Clerk's office prior to the scheduled meeting of the City Council. Prior Thousand Springs No5.FP ( Mayor, Council and P&Z June 1, 1999 Page 2 to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC CONThffiNTS 1. This final plat generally conforms to the approved preliminary plat. 2. Submit detailed landscaping plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. A letter of credit or cash will be required for these improvements prior to signature on the fmal plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage ofE. Victory Road as well as within development. 4. Sanitary sewer service to this site will be via extensions of the mains located in previous phases of the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 5. Water service to this site will be via an extension of the mains located in previous phases of the Thousand Springs Subdivision. 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. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 7. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Please correct the spacing problem within the text of the final plat notes. 9. Lot 10, Block 20, doesn't meet the minimum 80-foot frontage requirement for an R-4 zone along the E. Indian Creek Drive frontage. Please adjust the frontages of the adjacent lots in order to conform. 10. Lots 56 & 57, Block 14 don't meet the minimum 80-foot frontage requirement for an R-4 zone. Please make necessary adjustments of the adjacent lots in order to conform. 11. Please execute the Certificate of Owners and accompanying Acknowledgment. Thousand Springs NoS.FP ( Mayor, Council and P&Z June 1, 1999 Page 3 12. Graphically show five-foot-wide easements for public utilities, drainage and irrigation along the subdivision boundary line (side lot line) of Lot 24, Block 14, if this line is a side yard adjacent to future/existing phases of this development. 13. Please remove Lot 1, Block 19, from the list oflots mentioned in plat note 16. This lot is to be owned and maintained by the Homeo'WIlers Association. This lot is being utilized for storm drainage disposal. The Ada County Highway District shall be responsible for heavy maintenance of the storm drain facility, with the Homeowners Association being responsible for the light duty maintenance. 14. Please revise the line types shown in the plat legend, as several of them look the same. 15. Add lots and blocks in Note 16 to common lots listed in Note 10. Delete Note 12, as dedication of the Ridenbaugh Canal right-of-way to Nampa-Meridian Irrigation District may preclude the possibility of future pathway development. 16. Reference to Lot 58, Block 14, in Note 10 should be to Lot 59, Block 14. This lot should meet size and frontage requirements without inclusion of non-encroachable drainage area 17. Ensure that lot lines adjacent to Ridenbaugh Canal are a minimum of five feet from the top of bank. 18. Reword Note 14 to indicate a license agreement is recorded as Instrument No. 98100924 to allow placement of the perimeter fence. Thousand Springs No5.FP "\ .. 4 '" ~ ;:~ . .~~ : ,. ,,~ \ ~ - ;.; ~: ... ~ ~ ' \ ..~ .... .~ -"'.": r....\.S~ ~:~ J . t.: ...__ ~~ ~ 'i j. ' ..{ --.t -t: . 'c , ~ \' i t '.. '.. ; .,J f ~': j .. 1 · ,} - i , . , . . ... ~ -.~': ~~ .:.. 1', . . ... , : \~ . . ,. : '. ~(' ~[(. t SftFttl-e:1t 9'etJ.d/ZeFd (/ C j1rt fJ 6-(-49 -r~ it- /6 ,.,...;-- . June 1, 1 999 RECEIVED J11l\1 - 1 ~qqq U1~ ~ t__.... CITY OF JVmRIDL~\f Dear Mr. WIll Berg City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE: Comments for Final Plat Approval for Thousand Springs No. 5 Dear Mr. Berg: We have revIewed the staff comments for Thousand Springs No. 5 Final Plat Approval and agree to all of the modifications requested by the staff. Please let me know if you have any questions. Thank you, (~ KIm Kinney Farwest, LLC ...,.: :).)(: 97.'/'..~/ /,.. .J9N~", .9'".,;/,.{,.. ,}:17,,?.1 1".?t7:f/ ..76':1'-//7'0;9 9;.". l".2tJ,f/.YJ',I'-./7.9C . f ... _...__......._.... It..-..~ --.......-...---.- - .~ ~"",', : '! \:,;~ !"'l :J; t~ " 'l-. ; ...y. rl ~,t ,~,,~ 'f,~~ . .;'~., ~-J~ tl :~~ :\~ .~~ tl~ -:< ~~~ -1.,\ ~If~ 1~ '.~ ~ t- ;.}i! ~ ';f?,t .....~.. \ . l~'" t~ .1: .l.~ ': ~~ z:~ '~~ ~~{~ . fU BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF LOMBARD ) CONRAD ARCHITECTS, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 5.0 ACRES FOR LDS ) CHURCH AT 1985 BLACI( CAT ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-99-003 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 18, 1 999, at the hour of 7 :00 0' clocl( p.m., and Shari Stiles, Plan11ing and Zoning Administrator, and Gary Smith, Public Worl(s, having appeared and testified, and the Applicant's representative, Steve SiInmons of Lombard C011rad Architects, having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore mal(es the following Findings of Fact and Conclusions of , Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weel(s prior to said public hearing scheduled for May 18, 1999, before the City Council, the first publication appearing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH l' and writtel1 110tice having been mailed to property owners or purchasers of record withi11 three hllndred (300') feet of the external boundaries of the property under consideratio111uore than fifteen (IS) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one weel( before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter havi11g been duly considered by the City Council at the May 18, 1999, public hearil1g; and the applicant, affected property owners, and government subdivisions providi11g services within the planning jurisdiction of the City of Meridian, having beel1 givel1 ftlll opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth i11 Idaho Code ss 67-6509 and 67 -6511, and SS 11-2-416E and 11-2-417 A, Municipal Code of the City of Meridian. 3. The City Council tal(es judicial notice of its zoning, subdivisions and developlue11t ordinances codified at Title 11, Municipal Code of the City of Meridian, a11d all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, Ja11uary 4,1994, and 111aps al1d tl1e ordinance Establishing the Impact Area Boundary. 4. Tl1e property which is the subject to the application for an11exation and zoni11g is described in the application, and by this reference is incorporated herein as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH if set forth in full. The property is approximately 5.0 acres in size. The property is located at 1985 Blacl( Cat Road, Meridian, Idaho. 5. The Applicant, Lombard Conrad Architects, is acting on behalf of the record 0W11er of the property, The Corporation of the Presiding Bishop of the Church of Jeslls Christ of Latter Day Saints, of 50 East North Temple Street, 12th Floor East, Salt Lal(e City, Utah, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transitional, (R-T), a11d consists of a residential dwelling. 7. The Applicant requests the property be zoned Limited Office (L-O). 8. The Applicant has requested the annexation and this zoning, and the applicatio11 was not initiated at the request of the City of Meridian. 9 . The property is located on the west side of Blacl( Cat Road approxil11ately 1,300 feet north of Cherry Lane, Meridian, Idaho. 10. The proposed site of the subject property is located at 1985 Black Cat Road, Meridia11, Idaho. 11. Tl1e city limits. of the City of Meridian are adjacent and abut on the east side of the sllbject real property. 12. The property which is the subject of this application is within the Area of Inlpact of t11e City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH Service Plal111il1g Area as the Urban Service Planning Area is defined in the Meridian Comprel1el1sive Pla11. 14. T11e Applica11t proposes to develop the subject property in the following manner: C011struct a 26,000 square foot stake center. 15. The Applicant's requested zoning of the subject real property as Lilnited Office (L-O) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Ada County Single Fa111ily Residential, subject to quasi and public access. 16. Givi11g due consideration to the comment received from the gover111ne11tal sllbdivisions providing services in the City of Meridian planning jurisdictio11, pllblic facilities and services required by the proposed development will not ilnpose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engi11eer Recolnme11dations as follows: 16.1 Applicant shall provide a legal description stamped by an Idaho Registered Land Surveyor, which meets the requirements of the City of Meridian and Idaho State Tax Commission. 16.2 Applica11t shall comply with Ada County Highway District requirements. A copy of ACHD approval letter and copy of recorded warra11ty deed for additional right-of-way shall be submitted prior to applying for building permit. 16.3 &1Y existing irrigation/drainage ditches crossing the property shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be Sl10Wl1 on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public W orl<-s Department. 16.4 A11Y existing domestic wells and/or septic systems within this project sl1all be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as la11dscape irrigation. 16.5 Off-street parldng shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.6 Paving a11d striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.0.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.7 A drainage plan designed by a State of Idaho licensed architect or e11gineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be c011tained and disposed of on-site. 16.8 Outside lighting shall be designed and placed so as not to direct illllmi11ation on any nearby residential areas and in accordance with City Ordina11ce Section 11-2-414.D.3. 16.9 Five-foot-wide sidewall(s shall be provided and constructed in accordance with City Ordinance Section 11-9-606.B. Crossing of the existing ditches with a continuous sidewall( along Blacl( Cat Road shall be provided in coordination with adjacent property. 16.10 All construction shall conform to the requirements of the Americans With Disabilities Act. 16.11 The Public Works Department shall be provided with information on a11ticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH with the Meridian Water Departlnent to determine whether adequate fire protection exists. 16.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 16.13 Handicapped accessible parldng spaces shall be provided in accordance with the Americans With Disabilities Act. For the number of parldng spaces shown on the preliminary site plan, a minimum of eight handicapped accessible stalls shall be provided. All building and parldng lot C011struction shalllneet the requirements of the Americans With Disabilities Act. 16.14 N.o City water shall be allowed for landscape irrigation. 16.15 Six-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential and agricultural uses. 16.16 A Certificate of Zoning Compliance shall be required prior to applying for a building permit. A detailed site plan showing landscaping, screened trash enclosures, parldng, etc., shall be provided and approved. A minimum 20-foot-wide planting strip beyond required right-of-way shall be provided. Locations and construction requirements for trash areas shall be coordinated with Meridian Sanitary Services, Inc., and Applicant shall provide a letter of approval from their office prior to applyi11g for building permits. 16.17 Utility locations shall be coordinated with Meridian Public W orl(s Department. The Applicant shall extend the City sewer li11e to the subject property along the west side of Black Cat Road from the Turnberry No.1 Subdivision. 16.18 The annexation shall limit the use of the property to public and quasi- public uses. 16.19 Assessment fees for water and sewer service are determined during the building plan review process. Any applicable latecomer fees will also be deterInined at that tilne. 16.20 All signage shall be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH Adopt the Ce11tral District Health Department's Recommendations as follows: 16.21 Tl1e Applica11t shall obtain written approval for the central sewage and ce11tral water prior to the approval of the annexation and zoning. Adopt the Ada COU11ty Highway District's Recommendations as follows: 16.22 48-feet of right-of-way from the centerline of Black Cat Road abutting tl1e parcel shall be dedicated by means of recordation of a final sllbdivision plat or execution of a warranty deed prior to issuance of a bllilding permit (or other required permits), whichever occurs first. The ovvner 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 ovvner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section IS of ACHD Ordinance #188. 16.23 Utility street cuts in the new pavement are not allowed unless approved i11 writing by the District. 16.24 A 5-foot-wide detached concrete sidewall( shall be constructed on Blacl( Cat Road abutting the site. The sidewalk shall be located within two- feet of the right-of-way of Black Cat Road. The location, elevation and grade of the sidewall, shall be coordinated with the District staff. 16.25 All driveways shall be located a n1inimum of 220-feet from the nearest existi11g1proposed driveway on Blacl( Cat Road. All driveways on Black Cat Road shall be constructed as 24 to 3D-foot wide curb return driveways. The driveway shall be paved its full required width and at least 30-feet beyond the edge of paveluent on Black Cat Road and pave111ent tapers installed with IS-foot radii abutting the existing roadway edge. 16.26 A site plan shall be submitted sl10wing all existing and proposed driveways 011 Blacl( Cat Road located within 200-feet either side of the 110rth and south property lines. 16.27 As required by District policy, restrictions on the 'Width, number and locatio11S of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH I 7 . It is fOllnd that if the developer pays for the requested improvements and cOlnplies vvith the conditions set forth in these findings of fact no. 16, and all subparts, tl1e eco11omic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be i11cluded in a development agreement, a conditio11 of al111exation a11d zoning designatio11. 18. It is found that the development considerations which must be taken i11to aCColl11t, i11 order to assure the proposed development is designed, constructed, operated a11d Inaintai11ed in a manner which is harmonious and appropriate in appeara11ce witl1 the existing, or intended character of the general vicinity, in order to assure that tl1e proposed use will not change the essential character of the affected vicinity and vvill inSllre that the proposed uses will not be hazardous or disturbing to the existi11g, or future neighboring uses, particularly considering the impact of proposed developlne11t 011 potential to produce excessive traffic, noise, smol(e, fumes, glare a11d odors. I 9 . The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential develop111e11t. 20. The development of the property as an (L-O) Limited Office, as requested by the Applicant, will be compatible to the development in the surrounding area sllbject to the conditions of development herein found to be reasonable in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH relatio11 to t11e requested zone (L-O) Limited Office District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 21. Tl1ere are no major or scenic features of major importance that affect the C011sideratio11 of this application. 22. The subject annexation request and zoning designation and proposed develop111e11t relates to the goals and policies of the Comprehensive plan of the City as follows: 22.1 The c011sideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- qllality development. Enhancement of Meridian's quality of life for all reside11ts is achieved by applying the criteria of the Comprehensive plan a11d the Zoning ordinances of the City to all applications such as the sllbject application. 22.2 This proposed new grovvth developluent will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridia11 Urban Service Planning Area submitted in the record of this 111atter. 22.3 Tl1e expal1sion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 22.4 Tl1e application is consistent with Meridian's self identity. 22.5 Tl1e proposed development will be consistent with the goal of supplying e111ployment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and t11e strel1gthening of the City's ability to finance and implement public ill1provelnents, services and its open space character. 22.6 The preservation and improvement of the character and quality of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( Meridia11's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the C01uprehensive plan and the Zoning ordinances of the City to the sllbject application. 22.7 C01npliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing a11d projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Pla11ning Area is visually attractive, efficiently managed and clearly identifiable. 22.8 C01upatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive pla11 and the Zoning ordinances of the City to the subject application. 23. T11e property can be physically serviced with City water and sewer, if applica11t extellds the lines. 24. Meridia11 has, and is, experiencing a population increase; that there are pressllres 011 lal1d previously used for agricultural uses to be developed into COffil11ercialllses and other uses. CONCLUSIONS OF LAW 1. Tl1e City of Meridian has authority to annex real property upon written request for a1111exation and the real property being contiguous or adjacent to city boul1daries a11d that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City luay annex real property that is within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( Service Plal111il1g Area as set forth in the City's Comprehensive Plan. 2. Tl1e Council may take judicial notice of government ordinances, and policies, a11d of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local La11d Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by t11e adoption of 'Comprehensive Plan City of Meridian adopted Decel11ber 21, 1993, Ord. No. 629, January 4, 1994. 4. T11e following are found to be pertinent provisions of the City of Meridia11 COll1pre11erlsive Plan and are applicable to this Application: 4.1 The consideration of the provisions of the Comprehensive plan and the requirelnel1ts of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residel1ts is achieved by applying the criteria of the Comprehensive plan al1d the Zoning ordinances of the City to all applications such as the sllbject application. 4.2 T11is proposed new growth development will finance public service expal1sion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridial1 Urban Service Planning Area submitted in the record of this 111atter. 4.3 T11e expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 4.4 Tl1e application is consistent with Meridian's self identity. 4.5 T11e proposed development will be consistent with the goal of supplying ell1ployment and economic self-sufficiency for the existing and future reside11ts of the City and the reduction of the reliance upon Boise and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH t11e stre11gthening of the City's ability to finance and implement public ill1provelnents, services and its open space character. 4.6 T11e preservation and improvement of the character and quality of Meridian's Inan-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the COll1prehensive plan and the Zoning ordinances of the City to the sllbject application. 4.7 COlnpliallce with the requests of the political subdivisions providing services, assures that community services are being provided for existing alld projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 4.8 COlnpatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive pla11 alld the Zoning ordinances of the City to the subject application. 5. TIle reqllested zoning of Limited Office, (L-O) is defined in the Zoning Ordi11a11ce at 11-2-408 B. 7. as follows: (L-O) Limited Office District: The purpose of the (L-O) District is to perll1it the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service a11d similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create 11oise, vibration, or emissions of a nature offensive to the overall pllrpose of this district. The L-O District is designed to act as a buffer betwee11 other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Mll11icipal Water and Sewer systeIns of the City of Meridian is a reqllirelnent in this district. 6. Tl1at Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( COffi111ercial, lists commercial uses allowed in the various zoning districts of the City; that cl1l1rcl1es ~re listed as permitted uses in the Limited Office (L-O) District. 7. Si11ce the annexation and zoning of land is a legislative function, the City has aut110rity to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. Tl1e development of the annexed land, if annexed, shall meet and comply witl1 tI1e Ordi11ances of the City of Meridian including, but not limited to: Sectiol1 11-9-616 which pertains to development time schedules and requirements; Sectiol1 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., wl1ich pertail1s to pressurized irrigation systems. 9. TIle development of the property shall be subject to and controlled by the Z011il1g a11d Sllbdivision and Development Ordinance of the City of Meridian. 10. Section 11-2-41 7 D of the Zoning and Development Ordinance provides in part as follows: If property is a11nexed and zoned, the City may require or permit, as a COl1ditio11 of the zoning, that an owner or developer malce a written COl11111itlllel1t concerning the use or development of the subject property. If a COl11111itl11ent is required or permitted, it shall be recorded in the office of the Ada COLl11ty Recorder and shall take effect upon the adoption of the ordinance a1111exi11g al1d zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order a11d this does Order: 1. Tl1is application is for annexation and zoning of 5.0 acres located at 1985 Blacl( Cat Road, Meridian, Idaho. The legal description shall be prepared by a Registered La11d Surveyor, Licensed by the State of Idaho, and shall conform to all the provisio11S of the City of Meridian Resolution No. 158. The legal description for annexatio11 111llSt place this parcel contiguous to the Corporate City Limits per Ordi11a11ce No. 686. 2. T11at the City Attorney shall prepare for consideration by the City Cou11cil tile appropriate ordinance for the annexation and zoning designation, (L-O) Lilnited Office Ordinallce shall not be finally approved by the City Council until provisio11S of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the eve11t tile C011ditio11S therein are not met by the Developer that the property shall be subject to de-aI111exation, with the City of Meridian which provides for the following conditions of developmel1.t to-wit: 3.1 Applica11t shall comply with Ada County Highway District reqllirenlents. A copy of ACHD approval letter and copy of recorded Warral1.ty deed for additional right-of-way shall be submitted prior to applying for building permit. 3.2 AllY existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped shall be sl10vvn on the site plans. Plans shall be approved by the appropriate irrigatiorl/drainage district, or lateral users' association, with written c011firmation of said approval submitted to the Public Works Depart111ent. 3.3 Al1.Y existing domestic wells and/or septic systems within this project sllall be relTIoved from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( la11dscape irrigation. 3.4 Off-street parldng shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed i11 site-specific requirements. 3.5 Paving a11d striping shall be in accordance with the standards set forth i11 Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Z011i11g and Development Ordinance and in accordance with Americans witl1 Disabilities Act (ADA) requirements. 3.6 A drai11age plan designed by a State of Idaho licensed architect or e11gi11eer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parlcing areas. All site drainage shall be c011tained and disposed of on-site. 3.7 Otltside lighting shall be designed and placed so as not to direct illllll1ination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.8 Five-foot-wide sidewall(s shall be provided and constructed in accordance with City Ordinance Section 11-9-606.B. Crossing of the existi11g ditches with a continuous sidewall( along Black Cat Road shall be provided i11 coordination with adjacent property. 3. 9 All C011struction shall conform to the requirements of the Americans With Disabilities Act. 3.10 T11e Public W orl(S Department shall be provided with information on a11ticipated fire flow and domestic water requirements for the proposed site. Flow a11d pressure from the existing mains should be monitored vvith the Meridian Water Department to determine whether adequate fire protectio11 exists. 3.11 Applicant shall be required to enter into an Assessment Agreement with t11e City of Meridian. 3.12 Ha11dicapped accessible parking spaces shall be provided in accordance wit11 the A1nericans With Disabilities Act. For the number of parking spaces shown on the preliminary site plan, a minimum of eight FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( handicapped accessible stalls shall be provided. All building and parldng lot construction shalllneet the requirements of the Americans With Disabilities Act. 3.13 No City water shall be allowed for landscape irrigation. 3.14 Six-foot-high, permanent periIneter fencing and buffering shall be provided adjacent to the existing residential and agricultural uses. 3.15 A Certificate of Zoning Compliance shall be required prior to applying for a building permit. A detailed site plan showing landscaping, screened trash enclosures, parldng, etc., shall be provided for approval. A minilnum 20-foot-wide planting strip beyond required right-of-way shall be provided. Locatio11S and construction requirements for trash areas shall be coordinated with Meridian Sanitary Services, Inc., and Applicant shall provide a letter of approval from their office prior to applying for building permits. 3.16 Utility locations shall be coordinated with Meridian Public Works Department. The Applicant shall extend the City sewer line to the subject property along the west side of Blacl( Cat Road from the Turnberry No. I Subdivision. 3.17 The annexation shall limit the use of the property to public and quasi- public uses. 3.18 Assessment fees for water and sewer service are determined during the building plan review process. Any applicable latecomer fees will also be determined at that time. 3.18 All signage shall be subj ect to design review. 3.19 The Applicant shall obtain written approval for the central sewage and central water prior to the approval of the annexation and zoning. 3.20 48-feet of right-of-way froll1 the centerline of Blacl( Cat Road abutting the parcel shall be dedicated 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. The owner will be compensated for all right-of-way dedicated as an addition FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH ( to existi11g right-of-way from available impact fee revenues in this be11efit zone, if the owner submits a letter of application to the impact fee adlui11istrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3.21 Utility street cuts in the new pavement are not allowed unless approved ill writi11g by the District. 3.22 A 5-foot-wide detached concrete sidewall( shall be constructed on Black Cat Road ablltting the site. The sidewalk shall be located within two- feet of the right-of-way of Blacl( Cat Road. The location, elevation and grade of the- sidewalk shall be coordinated with the District staff. 3.23 All driveways shall be located a minimum of 220-feet from the nearest existil1g1proposed driveway on Blacl( Cat Road. All driveways on Black Cat Road shall be constructed as 24 to 30-foot wide curb return driveways. The driveway shall be paved its full required width and at least 30-feet beyond the edge of pavement on Blaclc Cat Road and pavell1el1t tapers installed with IS-foot radii abutting the existing roadvvay edge. 3.24 A site plal1 shall be submitted showing all existing and proposed driveways 011 Blacl( Cat Road located within 20Q-feet either side of the 110rth al1d south property lines. 3.25 As reqllired by District policy, restrictions on the width, number and 10catio11S of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH NOTICE OF FINAL ACTION Please ta](e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which Inay 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 seel( a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held J WnfL 1St-, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED CU1)/:> (j COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN lCEITH BIRD VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED,; .iM~/J ~ (j MAYOR ROBERT D. CORRIE (TIE BREAlCER) VOTED DATE: 6--(-99 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH MOTION: r {I , APPROVED: I )[SAPPROVED: Copy served llp011 Applicant, the Planning and Zoning Department and the Public W orl(s Departl11e11t. Dated: b ,- 5 --fCj City Clerl( FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (' \ A tract of land in the SE 1/4 SE 1/4 of Section 4, T. 3 N., R. I W., B.M., Ada County, Idaho, more particularly described as follows: Beginning at a point on the section li11e which bears N. 0017'10" E., 1064.62 feet from the section corner common to Sections 3, 4, 9 and 10, T. 3 N., R. I W., B.M., thence N. 0017'10" E. along the section line, 411.34 feet to a POi11t; thence N. 89039'20" W., 529.54 feet to a steel pin; thence S. 0017'10" W., 411.34 feet to a steel pin; ~hence S. 89039'20" E., 529.54 feet to the point of beginning. Said tract of land C011tains 5.000 acres, more or less, subject to easements of record or in use, and subject to an easelne11t for ingress and egress across the southerly 25 feet of the above-described tract, except ditch, road and canal rights-of-way and easeInents together with all water, water rights, ditches and ditch rights and power easements of record or in use. EXHIBIT "A" TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: C REQUEST: JOINT POWERS AGREEMENT WITH ADA PLANNING ASSOCIATION AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT AND RESOLUTION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: US WEST: . (OVL ~ ~ ~O tt1f ~vrl ~~.~ etw NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO 230 BY: Cfta;-li~ J?tfl/(j1iree- (}11 (}PIt-he-if menr.-b.er A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETfING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERI( TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, AND THE BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNIVERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF I(UNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA PLANNING ASSOCIATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with the BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNIVERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF IillNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA PLANNING ASSOCIATION, denoted as "JOINT POWERS AGREEMENT", a copy of which is attached hereto marlced as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORlZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO A JOINT POWERS AGREEMENT WITH THE ADA PLANNING ASSOCIATION NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I. The Mayor and Clerl( are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with the BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNNERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF I<UNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA PLANNING ASSOCIATION, entitled "JOINT POWERS AGREEMENT" a copy of which is attached hereto marl(ed as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this j5+-day of J(A"tt e , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this / ~ day of JUn ~ , 1999. , / ATTEST: J~~;Je~~ CITY CLERI( RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO A JOINT POWERS AGREEMENT WITH THE ADA PLANNING ASSOCIATION 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected ClerIc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~, I am the custodian of its records and minutes and do hereby certify that on the /? day of d ~ ,1999, the following action has been talcen and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERI< TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "JOINT POWERS AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, AND THE BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNIVERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF I(UNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA PLANNING ASSOCIATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with the BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNIVERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF I(UNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN PLANNING ASSOCIATION, denoted as "JOINT POWERS AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. NOW, THEREFORE, BE ~T RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and ClerIc are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with the BOARD OF ADA COUNTY COMMISSIONERS; THE ADA COUNTY HIGHWAY DISTRICT; THE CITY OF BOISE; THE BOISE INDEPENDENT SCHOOL DISTRICT; BOISE STATE UNIVERSITY, THE CITY OF EAGLE; CITY OF GARDEN CITY, THE GREATER BOISE AUDITORIUM DISTRICT; THE CITY OF ICUNA; THE CITY OF MERIDIAN, THE MERIDIAN JOINT SCHOOL DISTRICT NO.2; AND THE CITY OF STAR, RE: ADA PLANNING ASSOCIATION, entitled "JOINT POWERS AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ,\ \l \1 tl fflllt}:f I ,\'\ 'f &.~ : 1111. ,"'\....1 0 , ~CR'~M." 11')f;: ~ ~ =\' ~~4 r'~ ~A ~'c}~~ '~JV ~ ~ ! , ~ ~ . ff WILLIAM G. BERG, JR. ~ SEAL ~ STATE OF IDAI-fp, ,~.) ,~ n j ~ 116 '~js~. ~" ~/ ~ . ~'r' ,.$ County of Ada, ~;JII.). CQjrfi'l. \\"" ~"JII \\' .sf- 1}'l/llItll\l\\ On this I " day of 4AfU..- , in the year 1999, before me, ,J ~ I ms , a Notary Public, appeared WILLIAM . BERG, JR., known or identified to me to be the City ClerIc of the City of Meridian, Idaho that executed the said instrument, and acl<1l.owledged to me that he executed the same on behalf of the City of Meridian. IN WITNES S WHEREOF, I have hereunto set my hand and affIXed my official seal the day ~'~r.i1rst above written. ..~ L ##. ~...... U ~L · 8l :f'## ~.. ~ ......... 4t-^'~ 4It ~.. -. Y' ~ ~. ..- ~ .. T .4 h · -- (SlJAL/ ~O ~r" i Nota Public for Idahll~J A i * i -.- J *! Commission Expires: U/S dO~ ':t ~ PrJ L'-C: S mS~\\Q(P.r~\Me~ian 15~lJAII~a Ping Assoc\CERTIFICATE OF CLERK RES.doc ~ .1> -. .. 4.~V- ~ ~ -4 ~ ........ ~"7~" ;'''#1 .( 11 8~ \\) .,,; CERTIFI~!ro.r. rD~etUc OF THE CITY OF MERIDIAN ~ 2 REGIONAL PLANNING ASSOCIATION ARTICLES OF AGREEMENT WHEREAS, there is a demonstrated need for the establishment of a regional planning and cooperative organization in Southwestern Idaho, to provide a forum for discussion and study of area problems of mutual interest and concern, and to facilitate the development of policy, action, and recommendations for the solution of such problems, and WHEREAS, 967-2326, et seq.,ldaho Code specifically authorizes cities, counties, school districts, highway districts and other political subdivisions of the State to perform their respective functions, power~ or duties on an individual, cooperative, joint or contract basis between or among themselves; and WHEREAS, the cities, counties, school districts, highway districts and other political subdivisions in Southwestern Idaho possess in common the responsibility for the general welfare of the public to study, discuss and recommend policies for the solution of the area problems of direct concern to the performance of their constitutional and statutory functions; and have the right to join in mutual association and expend public funds for these purposes pursuant to 967-2326, et seq., Idaho Code; and WHEREAS, the cities, counties, school districts, highway districts and other political . subdivisions desire to form an organization, known as the Regional Planning Association, hereinafter referred to as the "Association," to perform certain functions, and WHEREAS, it is the desire of the cities, counties, school districts, highway districts and other political subdivisions that constructive and workable policies and programs for meeting the common and individual problems and concerns of the various entities within Southwestern Idaho, will be most effectively and expeditiously developed by regular meetings of the cities, counties, school districts, highway districts and other political subdivisions, together with other agencies and entities concerned with particular problems, in a regional voluntary and cooperative association dedicated to the study and solution of these problems; and WHEREAS, it is the desire of the cities, counties, school districts, highway districts and other political subdivisions to establish general policies relating'to the physical, economic, cultural and social areas of the environment and to adopt generalized land use, open space, air and water quality control policies, law enforcement and administration of justice, transportation, and health, welfare, and education, and other comprehensive regional plans, while concurrently providing that each member adopt and implement the required detailed plans within its own jurisdictional area in coordination with all of the members for the highest good of the citizens of the region; and WHEREAS, it is the desire of the cities, counties, school districts, highway districts and other political subdivisions of Southwestern Idaho to cooperate with other cities, counties, school districts, highway districts and political subdivisions outside of Southwestern Idaho to address problems and concerns of a regional or multi~county nature, when. those problems and concerns affect Southw~stem Idaho and can best be addressed through region,al or multi- county cooperation. Page 1 NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein agreed, cities, counties, school districts, highway districts and other political subdivisions within Southwestern Idaho signatory hereto, have this date entered into this Agreement for the establishment of an organization to achieve the purposes herein recited, which shall follow the procedures as enumerated in its Constitution and Bylaws, which documents are attached hereto and made a part hereof, and agree as follows: CONSTITUTION ARTICLE I Plannina Area Defined Section 1. The initial planning area to which the Association shall address itself shall consist of all that area within the Counties of Ada and Canyon, State of Id~ho. The initial planning area may be enlarged by the Board of the Association from time to time as it deems appropriate. The Association may also address planning issues outside of this initial planning area when acting cooperatively with other counties, cities or political subdivisions of other counties, on matters of broader regional concern as provided in Article VIII. ARTICLE" MembershiD and Authoritv Section 1. Membership defined. General Members: Any county, any incorporated city, and any countywide highway district or single countywide highway district is authorized to be a General Member. Special Purpose Members: All other political subdivisions or districts within Southwestern Idaho which have the power to tax and provide services are authorized as Special Purpose Members. Ex Officio Members: Ex Officio membership shall be authorized to the Office of the Governor of the State of Idaho, the Idaho Transportation Department, other Idaho State governmental agencies as approved by the Association and other governmental or quasi- governmental agencies as approved by the Association. Section 2. Membership Established. A political subdivision may become a member of the Association by adopting a resolution or other appr,opriate instrument, of its governing body. Membership shall become effective following receipt by the Association of a certified copy of such resolution or other appropriate instrument and Association approval of the membership application. Section 3. General Authority. The Association is a voluntary association, having only that separate legal status necessary by law, to allow it to enter into contracts for planning and financial assistance with the State and Federal government and to contract for planning services with other entities and Page 2 .-< , persons'; and to hold real and personal property in its own name only for pursuing the purposes of this Agreement. Additionally, the Association has the authority to make studies and recommendations and to undertake comprehensive planning within Southwestern Idaho. The ultimate decision as to policies, programs and budgets shall be made by the General Members and the Special Pu"rpose Members sitting as the Board of the Association. Contracts may be executed by the Executive Director upon authorization by the Association. Section 4. Pursuant to powers provided by law, a planning association, entitled the "Regional Planning Association,1J hereinafter referred to as the IIAssociation," is this date hereby established. ARTICLE III Reoresentation. Officers. and Committees Section 1. Representation and Voting. General Members: A County shall be represented by three (3) voting Association representatives, namely: the three (3) members of the Board of County Commissioners. A City with a population which exceeds one hundred thousand (100,000) shall be represented by three (3) voting Association representatives, namely: the Mayor, and two (2) members of the City Council appointed by said body. A City with a population between twenty-five thousand (25,000) and one hundred thousand (100,000) shall be represented by two (2) voting Association representatives, namely: the Mayor, and one (1) member of the City Council appointed by said body. A City with a population less than twenty-five thousand (25,000) shall be represented by one (1) voting Association representative, namely: the Mayor or one (1) member of the City Council appointed by said body. A Countywide Highway District, as a General Member, shall be represented by three (3) voting Association representatives, namely: three (3) members of the highway district board. The most recent population estimate adopted by the Board shall be used to determine the number of Association members to which a City is entitled. Special. Purpose Members: Each Special Purpose Member shall be represented by one (1) voting Association representative, namely: one (1) member of the entity board appointed by its governing body; except that the total number of voting Association representatives from a single class of special districts with similar responsibilities and authority shall not exceed three (3) voting Association representatives. In the event that more than three (3) membership applications are received from special districts with similar responsibilities and authorities, the Board of the Association shall apportion the representation for the class of special districts in an appropriate and equitable ma,nner through resolution of the Board. Ex Officio Members: Each Ex Officio Member shall be represented by one (1) non- voting Association representative appointed by the appropriate authority. Seetion 2. Alternate Representatives. The governing body of each Generafor Special Purpose Me,mber may appoint one (1) other elected official as an alternate to serve in the absence of the voting Association representatives. Any member, General or Special Purpose, may appoint a non-elected official as an alternate representative, if for unusual circumstances, an elected official is not available; Page 3 ( subject, however, to the acceptance of the proposed alternate representative by a vote of the Association at any regular or special meeting. Alternate Association representatives when serving shall have the right to vote and such other rights and duties vested in the regular voting representative. Ex Officio members may appoint one (1) non-voting alternate Association representative. Section 3. Each voting or non-voting Association representative shall serve without compensation from the Association and at the pleasure of the governing body of the appointing entity. Vacancies in the position of any appointed representative shall be filled by the Association Member making the original appointment. Section 4. The representatives of the General Members and the Special Purpose Members shall organize themselves into an Association Board, with a Chairperson, Vice Chairperson, and Secretary/Treasurer, and such other officers as the Board may authorize. Section 5. The Chairperson, Vice Chairperson, and Secretary/Treasurer shall be voting members of said Association, and shall be elected by the majority vote of the General Members and Special Purpose Members of said Association at its regular meeting held in January of each year, and shall serve for a term of one (1) year. Section 6. The Chairperson shall preside at the meetings. The Vice Chairperson shall preside in the Chairperson's absence. The Secretary/Treasurer shall be responsible for the keeping of the minutes, books and records and for the financial statements and accounts of the Association, and other duties as may be provided for in the Bylaws of the Association. Section 7. The Association shall have the authority and power delegated to it or implied by this Agreement and by the Bylaws of the Association. The Board shall have authority to appoint committees of the Board and to establish special task forces for cOnsideration of general and specific problems assigned to them by the Association. Task force and committee representatives may be selected from the Association Board and other elected officials of the government entities of the General or Special Members (including their boards, commissions, and staffs) private groups and organizations, and citizens of Southwestern Idaho. Section 8. No Member representative may vote on any matter which comes before the Board or any committee or task force of the Association if such Member is not current in the payment of its Association dues and all other proper assessments. ARTICLE IV Executive Director and Staff Section 1. The Association shall appoint an Executive Director.who shall be empowered to employ staff as authorized in the approved Work Program and Budget of the Association and within the provisions of the Bylaws of the Association. Section 2. At the direction of the Association, the Executive Director or a designated delegate, shall also be an Ex Officio member of any special committees or special task force of each General and Special Purpose Member, and shall attend meetings. of special advisory committees of both public and private organizations involved in planning within the Southwestern Idaho. Page. 4 ARTICLE V Bvlaws Section 1. Bylaws shall be prepared by the Association and adopted by a majority vote of the Board, pursuant to which regular and special meetings of the Association shall be called, held and conducted. The Bylaws shall contain other appropriate provisions for the transaction of business, shall specify the duties and the powers of the Chairperson and such other officers as may be appointed, and shall specify the appointment, powers, and duties of standing and special committees for advisory or planning assistance. The Bylaws may be amended from time to time by two-thirds (213) vote of all General Members and Special Purpose Members. ARTICLE VI Work Program and Budaets Section 1. The Association shall have a fiscal year which begins on October 1 of each year. The Association shall prepare annually a proposed program and budget for the ensuing fiscal year and shall, prior to the 30th day of June of the preceding fiscal year, submit the same for ratification to the governing body of each General Member and Special Purpose Member. The budget shall specify the level of dues to be paid by each member in addition to contributions, grants, gifts and revenue from members and non-member sources. The budget shall also specify the anticipated expenditures of the Association necessary to accomplish the Association's work program. Section 2. Each General or Special Purpose Member may request special services to be performed by the staff and/or any other employees or officers of the Association. Such services shall be provided pursuant to a specific contract executed between the particular member and the Association. Special assessments shall be made upon those participating members which are directly benefited by the plan or project, according to the contract. The use of the employees of the participating member shall be taken into consideration when deter- mining their respective share of special assessments. Section 3. As each special service or project is considered for study, the Association shall determine how the study shall be financed and recommend to the members involved that they finance the study, either by supplying cash or contributed services. If the participating members accept the recommendations, the study shall proceed under the proposed financing. Section 4. The Executive Director shall be the disbursement official for all funds of the Association pursuant to authority vested in the Executive Director according to the annual work program and budget approved by the Association. . Section 5. .The Association may employ consultants when the costs of such employment are budgeted, or in the case of a project for which special assessments are to be levied pursuant to Section 2 of this Article, when the members benefiting from such project shall agr~e to. bear the cost of such employment. Section 6. Contributions to the Work Program Budget for General Mem.bers shall be set by the .Board as a per capita fee applied equally to all General Members as follows: Page 5 1. For purposes of this section, population for cities and counties shall be 1000/0 of their most current population estimates as adopted by the Board. 2. For purposes of this section, population for countywide highway districts and single countywide highway districts shall be 650/0 of their most current population estimates as adopted by the Board. Section 7. Dues for Special Purpose Members shall be de~ermjned by the Board. Section 8. Dues for Ex Officio Members shall be established by the Board. ARTICLE VII General PurDoses Section 1. The function of the As~ociation as administered by the Board and Executive Director sha.1I be to conduct a regional planning process, adopt and from time to time review and amend plans, policies, programs and recommend ordinance changes, and prepare plan elements which may include, but are not limited to, the following subjects: 1. Air Quality 2. Economic Development 3. Hazardous Areas 4. Housing 5. Human services 6. land Use 7. law enforcement and public safety 8. Natural Resources 9. Population and employment 10. Public services, facilities and utilities 11. Recreation, parks and open space 12. Solid waste management and resource recovery 13. Special areas and sites 14. Transportation 15. Water Quality Section 2. The purpose of the Association is to identify problems of a regional scale, to analyze and develop alternative solutions to those problems, to select and propose one of the alternative solutions to constitute regional policy on the subject. Each General and Special. Purpose Member shall refer to the Association all plans, programs, and budgets which have a regional impact. The Association is vested with the authority: a. To study regional and government problems of mutual interest and concern. b. To develop a comprehensive general plan and planning program for the Southwestern Idaho region, and to make recommendations for the ,implemen- tation of the plan. c. To develqp and maintain a means of cooperative effort and understanding in matters of mutual interest. Page 6 ( d. To provide a forum for discussion, study and development of recommendations on problems of mutual interest and concern among the members. e. To formulate recommendations for review and action by the members. f. To review local plans, upon request of the General Members as to their relationship and conformity to the comprehensive general plan. g. To assemble information for the benefit of the Association members. h. To provide guidance for the united action of the members in dealing with State and Federal governments in matters of concern to the members and to promote legislation beneficial to the members. i. To explore avenues of thought advance in the interests of local government and to improve public administration. j. To review all applications for Federal funds by any participating member, wherein such review is a requirement of the particular aid program involved. ARTICLE VIII Authority to Enter Into Cooperative Agreements for Regional Planning Section 1. The Association may enter into agreements with other political subdivisions in Idaho and Oregon which are not members of the Association for the purpose of jointly exercising the powers of the Association set forth herein, so long as the purpose of the joint action will, in the judgment of the Board, further the purposes of these Articles of Agreement. Section 2. Each cooperative agreement between the Association and any such political subdivision shall be effective only upon approval by the Board. Such agreement shall provide for the definition and scope of the activities to be conducted, budgeting, funding, management, representation of the Association on any board of steering committee, and any other matters deemed appropriate by the Board. Section 3. The Association shall have the authority to manage or administer contracts with agencies of the state and federal governments and other providers of funding when acting j<;>intly with other government entities under this Article. Section 4. The purpose of any cooperative agreement authorized under this Article shall be to permit the Association to address problems of a regional nature which are of concern to Southwestern Idaho, but which may transcend the boundaries of Southwestern Idaho, to facilitate joint planning on a regional level and to provide for the administration of contracts with- the state and federal government or other funding sources for regional planning. ARTICLE IX Termination of This Agreement Section 1. Any General Member or Special Purpose Member hereof may withdraw at the end of any fiscal year. Such withdrawal must be preceded by thirty (30) days written notice to the Association of the Member's intent to withdraw. Withdrawal shall not relieve a Member from the responsibility for providing the services and funds which the Member has agreed to provide to the Association for the balance of the fiscal year. Page 7 t Section 2. If at any time, the general membership is reduced so that in the judgment of the Board the remaining General Members fail to represent that portion of the urbanized area required for recognition by the Federal Government as a metropolitan planning organization, the Association shall comply with the liquidation provisions contained in Sections 4 and 5 of this Article. Section 3. Any Member may have its membership in the Association terminated at any time by a vote of.two-thirds (213) of all voting Members of the Board. Section 4. This Agreement may be terminated, and the Association disbanded, prior to the expiration of the terms referred to in Sections 1 and 2 of this Article, by the adoption of a resolution to that effect by the governing bodies of all of the General Members or of the Association and who have executed this Agreement, if such resolutions are adopted within ninety (90) days of each other; provided, however, that such termination shall not be effective earlier than the end of the fiscal year of the Association in which the last required number of political subdivisions adopts such resolution, and provided further, that such termination shall not be effective unless and until adequate provisions are made for the assumption by the Members of all outstanding indebtedness and contractual obligations of the Association. Section 5. Upon termination of this Agreement and disbanding of the Association, all property of the Association shall be distributed to General Members in proportion to their contribution to the budget of the Association in the fiscal year in which dissolution occurs. This Agreement may be executed in any number of counterparts, and when so executed each such cQunterP?lrt shall be deemed to be an original hereof. Certified copies of the agreement and all certified amendments of said agreement shall be recorded with the Recorder of each county in which a General or Special Member is located. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, effective , 1999. Page 8 '\ AMENDED AND RESTATI::O THE ADA REGIONAL PLANNING ASSOCIATION ARTICLES OF AGREEMENT WHEREAS, there continues to be ~a demonstrated need for the establishment of a countyvvide reaional planning and cooperative organization in and for the County of Ada, ~tate of Southwestern Idaho, to provide a forum for discussion and study of area problems of mutual interest and concern, and to facilitate the development of policy, action, and recommendations for the solution of such problems, and WHEREAS, 967-2326 of the. 8t sea..ldaho Code specifically authorizes cities, counties, municipal corporations school districts. hiahwav districts and other political subdivisions of the State to perform their respective functions, powers or duties on an individual, cooperative, joint or contract basis between or among themselves; and WHEREAS, the county, cities, counties. school districts. hiahwav districts and other political subdivisions hereto in Southwestern Idaho possess in common the responsibility for the general welfare of the public to study, discuss and recommend policies for the solution of the area problems of direct concern to the performance of their constitutional and statutory functions; and have the right to join in mutual association and expend public funds for these purposes pursuant to 967- 2326. et sea.. of the Idaho Code; and ~ WHEREAS, the county, cities, counties. school districts. hiahwav districts and other political subdivisions desire to form an organization, known as the Ada rlanning AS8ociationReaional Plannina Association, hereinafter referred to as the "Association," to perform certain functions, and WHEREAS, it is the desire qf the county, cities, counties. school districts. hiahwav districts and other political subdivisions that constructive and workable policies and programs for meeting the common and individual problems and concerns of the various entities within the County of Ada, 8tate of Southwestern Idaho, will be most effectively and expeditiously developed by regular meetings of the county, cities, counties. school districts. hiahwav districts and other political subdivisions, together with other agencies and entities concerned with particular problems, in a countYv.,ide reaional voluntary and cooperative association dedicated to the study and solution of these problems; and WHEREAS, it is the desire of the county, cities, counties. school districts. hiahwav districts and other political subdivisions to establish general policies relating to the physical, economic, cultural and social areas of the environment and to adopt generalized land use, open space, air and water quality control policies, law enforcement and administration of justice, transportation, and health, welfare, and education, and other comprehensive countyn"ide reaional plans, while concurrently providing that each member adopt and implement the required detailed plans within its own jurisdictional area in coordination with all of the members for the highest good of the citizens of the countvreaion; and WHEREAS, it is the desire of the county", cities, counties. school districts. hiahwav districts . and other political subdivisions of Ada County Southwestern Idaho to cooperate with other counties, cities, counties. school districts. hiahwav districts and political subdivisions of other countiesoutside Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 1 ( of Southwestern Idaho to address problems and concerns of a regional or multi-county nature, when those problems and concerns affect Ada County Southwestern Idaho and can best be addressed through regional or multi-county cooperation. NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein agreed, Ada County cities .Jv"ithin Ada County, counties. school districts. hiahwav districts and other political subdivisions within Ada County Southwestern Idaho signatory hereto, have this date entered into this Agreement for the establishment of an organization to achieve the purposes herein recited, which shall follow the procedures as enumerated in its Constitution and Bylaws, safd which documents are attached hereto and made a part hereof said Agreement, the Association members hereto and agree as followg, to viit {sic}: - CONSTITUTION ARTICLE I Planning Area Defined Section 1. The initial planning area to which the Association shall address itself shall consist of all that area within the legal boundaries of the County Counties of Ada and Canyon, State of Idaho. The initial olannina area may be enlaraed bv the Board of the Association from time to time as it deems aporopriate. The Association may also address planning areas issues outside Ada County of this initial olannina area when acting cooperatively with other counties, cities; or political subdivisions of other counties, on s-matter~ of broader regional concern as provided in Article VIII. - ARTICLE II Membershio and.Authority Section 1. Membership defined. General Members: =Fhe-Anv ~unty of Ada, any incorporated city \vithin Ada:County, and any the Ada coun~ide highway district or sinale countywide hiahwav district ere-is authorized 8S to be a General Members. Soecial Puroose Members: All other political subdivisions or districts having jurisdiction in Ada County and within Southwestern Idaho which have the power to tax and provide services in Ada County are authorized as Special Purpose Members. Ex Officio Members: Ex Officio membership shall be authorized to the Office of the Governor of the State of Idaho, the Idaho Transportation Department, other Idaho State governmental agencies as approved by the Association; and other governmental or quasi- governmental agencies as approved by the Association. Section 2. Membership [ff'f!ctedEstablished. Membership by General Members, ~pecial rurpose Members, and ex Officio Members shall be eff-ectedA political subdivision may become a member of the Association by adoption!lQ of-an appropriate resolution by each respecti~~e or other approoriate instrument. of its governing Proposed Changes to Articles for January 7, 1999. Executive Committee Meeting 2 body: or other instrument 88 appropriate and Membership shall become effective upon followina receipt bv the Association of a certified copy of-said such resolution or other aoorooriate instrument by the chairperson of said Association and said-Association approval of the membership application. Section 3. General Authority. The Ada rlanning Association is a voluntary association, having only that separate legal status necessary under ~tate and rederal statutes bv law, to allow it to enter into contracts for planning and financial assistance with the State and Federal government and to contract for planning services with other-foeat entities, the 8tate and persons; and to hold real and personal property in its own name only for pursuing the purposes of this Agreement. Additionally, the Association has the authority to make studies and recommendations and to undertake comprehensive planning within Southwestern Idaho. The ultimate decision as to policies, programs and budgets shall be made by the General Members and the Special Purpose Members sitting as the Board of the Ada rlanning Association. Contracts may be executed by the Executive Director upon authorization by the Ada rlanning Association. . . Section 4. Pursuant to powers provided by law, a countyvv'ide planning association, entitled the-Ad8 "Reaional Planning Association,: hereinafter referred to as the "Association, n is this date hereby established. - ARTICLE III Reoresentation. Officers. and Committees Section 1. Representation and Votina. General Members: =Fhe8 County of Ada, -as :3 General Member, shall be represented by three (3) voting Association representatives, namely: the three (3) members of the Board of County Commissioners. The City of Daise, as a General Member,A City with a DODulation which exceeds one hundred thousand (100.000) shall be represented by three (3) voting Association representatives, namely: the Mayor, and two (2) members of the City Council appointed by said body. A City with a copulation between twenty-five thousand (25.000) and one hundred thousand (100.000) shall be reoresented bv two (2) votine Association reoresentatives. namelv: the Mavor. and one (1) member of the City Council appointed by said body. A City with a oooulation less than twenty-five thousand (25,000) shall be represented by one (1) votine Association reoresentative. namely: the Mayor or one (1) member of the City Council apoointed bv said body. =FheA AeI8 Coun~ide Highway District, as a General Member, shall be represented by three (3) voting Association representatives, namely: the-three (3) members of the Ada County Ilhiahwavegistrict BQoard. The other incorporated cities "iv.hie" are Ceneral Members shall be represented by tvvo (2) vOting Association representatives, namely: the Mayor of the respective cities and one (1) member of the City Council appointed by said body.The most recent oooulation estimate adooted bv the Board shall be used to determine the number of Association members to which a City is entitled. Soecial Puroose Members: Each Special Purpose Member shall be represented by one (1) voting Association representative, namely: one (1) member of the entity board appointed by. said-its governing body; except that the total number of voting Association representatives from a single class of special districts with similar responsibilities and authority shall not exceed three (3) voting Association representatives. In the event that more than three (3) membership applications Proposed Changes to Articles for January 7, .1999, Executive Committee Meeting 3 I I are received from special districts with similar responsibilities and authorities, the Board of the Association shall apportion the-satd representation for the class of special districts in an appropriate and equitable manner through resolution of the Board. Ex Officio Members: Each Ex Officio Member shall be represented by one (1) non-voting Association representative appointed by the appropriate authority. Section 2. Alternate Representatives. The governing body of each General or Special Purpose Member may appoint one (1) other elected official as an alternate to serve in the absence of the voting Association representatives. Any member, General or Special Purpose, may appoint a non-elected official as an alternate representative, if for unusual circumstances, an elected official is not available; subject, however, to the acceptance of the proposed alternate representative by a vote of the Association at any regular or special meeting. Alternate Association representatives when serving shall have the right to vote and such other rights and duties vested in the regular voting representative. Ex Officio members may appoint one (1) non-voting alternate Association representative. Section 3.. Each voting or non-voting Association representative shall serve without compensation from the Association and at the pleasure of the governing body of the appointing entity. ~aid representati\feS shall be entitled to reimbursement of expenses incurred in the perf'Ormance of their duties f-or the Association in addition to such - daily allo.y.y.ance 88 the Association may hereinafter pro\:ide. Vacancies in the position of any appointed representative shall be filled by the Association Member making the original appointment. Section 4. The representatives of the General Members and the Special Purpose Members shall organize themselves into an Association Board, with a Chairperson, Vice Chairperson, and SecretarylTr~asurer7, and such other officers as the Board may authorize. Section 5. SaidThe Chairperson, Vice Chairperson, and SecretarylTreasurer shall be .. voting members of said Association, and shall be elected by the majority vote of the General Members and Special Purpose Members of said Association at its regular meeting held in January of each year, and shall serve for a term of one (1) year. Section 6. The Chairperson shall preside at the meeting~.:. and tIhe Vice Chairperson shall preside in the Chairperson's absence. The SecretarylTreasurer shall be responsible for the keeping of the minutes, books and records and for the financial monitoringstatements and accounts of the Association, and other duties as may be provided for in the Bylaws of the Association. Section 7. SaidThe Association shall have the authority to organize itself as a consultati.y.e Doard, .yvhich shall haveiifThe authority and power delegated to it or implied by this Agreement and by the Bylaws of the Ada fianning Association. The-said Board shall have authority to appoint committees of the Board and to establish special task forces, standing committees and steering committees composed of representatb/es as designated by the AS8ociation for consideration of general and specific problems assigned tcHt them b~ the Association. ~8id representatives to-tIask forces-or and committees representatives shatt-mav be selected from the Association Board and other elected officials of the government entities of Ada County~, the General or Soecial Members the (includina their boards:! end-commissions:! of the regpecti-Y~e members, the and staffs} of the respective members, private groups and organizations~ vy.ith a particular interest in the problem, and citizens of Ada County Southwestern Idaho. Cach Committee representative may be Proposed. Changes to Articles for January 7, 1999, Executive Committee Meeting 4 ( reimbursed for expenses incurred in the performance of duties for the task force or committee, in addition to such daily allo'yvance as the Association may hereinafter provide. Section 8. No Member representative may vote on any matter which comes before the Board or any committee or task force of the Association if such Member is not current in the payment of its Association dues and all other oraoer assessments. ARTICLE IV Executive Director and Staff Section 1. The Association shall appoint an Executive Director of the Ada Planning Association. ~aid Cxecuti'./e Director who shall be empowered to employ staff as authorized in the approved Work Program and Budget of the Association and within the provisions of the Bylaws of the Association. Section 2. At the direction of the Association,-sttid the Executive Director or...E...designated delegate, shall also be. an Ex Officio member of any special committees or special task force of each General and Special Purpose Member, as vy.ell as be required to and shall attend meetings of special advisory committees of both public and private organizations involved in planning within the County of Ada Southwestern Idaho. ARTICLE V Bvlaws Section 1. Bylaws shall be prepared by the Association and adopted by a majority vote of the General Member and Gpecial Purpose Member voting Association representativesBoard, pursuant to which regular and special meetings of the Association shall be called, held and conducted-;:::-snd The Bvlaws shall containing other appropriate provisions for the transaction of business:!:-snd shall soecify the duties and the powers of the Chairperson and such other officers as may be appointed, as \tvell as and shall specify the appointment, powers, and duties of standing and special committees for advisory or planning assistance.-6aid The Bylaws may be amended from time to time by two-thirds (213) vote of the-all General Members and Special Purpose Members. - Section 2. Oyla.,ys ghall include specific definition of required committees and task fiJfCe8. ARTICLE VI Work Program and Budaets Section 1. The Association shall have a fiscal year which beains on October 1 of each year. The Association shall prepare annually a proposed program and budget for the ensuing fiscal year and shall, prior to the 30th day of June of the preceding fiscal year, submit the same for ratification to the governing body of each General Member and Special Purpose Member:. .vi~hich contributes to the budget. The County of Ada, City of Daise and other Cener81 and ~peci81 rurpose Members shall be contributing entities and upon ratification of such program and budget by each such contributing entity, funds vihich are available through grant, gift, or other sources 8nall be exclusive of amounts budgeted by the Association. The budaet shall soecify the level of dues to Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 5 ( be oaid bv each member in addition to contributions. arants. aifts and revenue from members and non-member sources. The budaet shall also specify the anticipated exoenditures of the Association necessary to accomolish the Association's work oroaram. Section 2. Each General or Special Purpose Member may request special services to be performed by the staff and/or any other employees or officers of the Association. Such services shall be provided pursuant to a specific contract executed between the particular member and the Association. Soecial ABssessments shall be made upon those participating members which are directly benefited by the-plan or project, according to said-the contract. The use of the employees of satd-the participating member shall be taken into consideration when determining their respective share of S8it:koecial assessments. Section 3. As each special service or project is considered for study, the Association shall determine how the study shall be financed and recommend to the Ceneral and/or ~pecial Mmembers involved that they finance the study, either by supplying cash or contributed services~ 8ftd1t. If the particioatina members invol.yed accept the recommendations, the study shall proceed under the proposed financing. Section 4. The Executive Director shall be the disbursement official for all funds of the Association pursuant to authority vested in sa-id-the Executive Director according to the annual work program and budget approved by the Association. - Section 5. The Association may employ consultants when the costs of such employment are budgeted, or in the case of a project for which special assessments are to be levied pursuant to Section 2 of this Article, when the members benefiting from such project shall agree to bear the cost of such employment. Section 6. Contributions to the 'vAv'ork rrogram Dudget for Ada County, the Ada County lligh'vvay District (ACIIO) and all other member city governments shall be guided by the fOllo.v.v"ing principles: Contributions to the Work Proaram Budaet for General Members shall be set by the Board as a oer caoita fee applied eaually to all General Members as follows: 1. The percentage di5tribution for ACtiO shall be based upon ACIIO's percentage share of property tax certifications for the latest fiscal year .v~v.ith those of all other participating county and city" members of the Association.For Durooses of this section. copulation for cities and counties shall be 100% of their most current population estimates as adooted bv the Board. 2. The percentage split f~r ACIID from #1 is then held constant when applying the latest census estimate f{)r each city and county participant in order to deri.y.e a percentage distribution figure f'Of such agencies. It should be noted that the county population estimate co.Jers the entir-e county (including all cities .vi~ithin the county) .vvhile the city population estimates include only incorporated areas. For Durooses of this section. pODulation for countywide hiahway districts and sinale countywide hiahwav districts shall be 650/0 of their most current Dopulation estimates as adooted by the Board. . . J. A second percentage allocation f'Of ACIID and all other participating county and city. members of ArA shall be made based upon property tax certifications ay./it" special levieg factored out for the 18test fi8C81 year. Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 6 4. The average of #2 and #~ shall be tne local percentage contribution to be allocated to ACIID, Ada County and other participating cities. Section 7. Contribution f'Or all other General and Dues for Special Purpose Members other than Ada County and the cities shall be determined by the Board. Section 8. Dues Ffor Ex Officio Members contribution shall be determined on the basis of separately prepared'fiSC8l-agreements agreed upon by the Association Doard and the ex Officio Memberestablished bv the Board. ARTICLE VII General Purooses Section 1. The function of the Association as administered by the Board and Executive Director shall be to conduct a county-y~v"ide reaional planning process, adopt and from time to time review and amend plans, policies, programs and recommend ordinance changes, and prepare plan elements which may include, but are not limited to, 8ftd-the following subjects: B. rlanning rlements 1. Air Quality 2. Economic Development 3. Hazardous Areas 4. Housing 5. Human services 6. Land Use 7. Law enforcement and public safety 8. Natural Resources 9. Population and employment 1 o. Public services, facilities and utilities 11. Recreation, parks and open space 12. Solid waste management and resource recovery 13. Special areas and sites 14. Transportation 15. Water Quality b. Implementation Elements 1. Capitallmpro'y.ement rrograrn 2. Development ordinances (zoning, 8ubdi.y"ision, other) J. Mapped streets impro".emen~ program Section 2. The purpose of the Association is to identify problems of a county"v.y~ide reaional scale, to analyze and develop alternative solutions to S8id-those problems, to select and 8dopt orooose one of the alternative solutions to constitute regional policy on the subject. Each General and Special Purpose Member shall be req uired to refer to said-the Association all plans, programs, and budgets which have a countyvvide reo.ional impact. Said- The Association is vested with the authority: Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 7 a. To study countpv"ide reaional and government problems of mutual interest and concern~ b. To develop a comprehensive general plan and planning program for the County of AdaSouthwestern Idaho rea ion, and to make recommendations for the implemen- tation of 88id-the plan. c. To develop and maintain a means of cooperative effort and understanding in. matters of mutual interest. .' d. To provide a forum for discussion, study and development of recommendations on problems of mutual interest and concern among the members. 8. To formulate recommendations for review and action by the members. f. To review local plans, upon request of the General Members as to their relationship and conformity to the comprehensive general plan. g. To assemble information for the benefit of the Association members. h. To provide guidance for the united action of the members in dealing with State and Federal governments in matters of concern to the members and to promote legislation beneficial to the me.mbers. . i. To explore avenues of thought advance in the interests of local government and to improve public administration. j. To review all applications for Federal funds by any participating member; wherein such review is a requirement of the particular aid program involved. ARTICLE VIII Authority to Enter Into Coooerative Agreements for Reaional Planninq Section 1. The Association, upon a ij.ote of the Doard, may enter into agreements with counties, municipalities, and other political subdivisions in 1daho and Oreaon .y.v.ith jurisdiction outside Ada County which are not members of the Association for the purpose of jointly exercising the powers of the Association set forth herein, so long as the purpose of the joint action will, in the judgment of the Board, further the purposes of these Articles of Agreement. Section 2. Each cooperative agreement between the Association and any county, municipality, or such political subdivision. outside Ada County shall be effective only upon approval by B vote of the Board. Such agreement shall provide for the definition and scope of the activities to be conducted, budgeting, funding, management, representation of the 'Association on any board of steering committee, and any other matters deemed appropriate by the Board. Section 3. The Ada rlanning Association shall have the authority to manage or administer contracts with agencies of the state and federal government~ and other providers of funding when acting jointly with other government entities under this Article-Vttt. Section 4. The purpose of any cooperative agreement authorized under this Article shall be to permit the Association to address problems of a regional nature which are of concern to Ad8 County Southwestern Idaho, but which may transcend the boundaries of Ada County Southwestern Idaho, to facilitate joint planning on a regional level and to provide for the administration of contracts with the state and federal government or other funding sources for regional planning. Proposed Changes to Articles for JC1nuary 7, 1999, Executive Committee Meeting 8 ( ARTICLE IX Termination of This Aareement Section 1. Any General Member or Special Purpose Member hereof may withdraw at the end of any fiscal year. Such withdrawal shall take effect must be oreceded bv thirty (30) days-after written notice to the Association of 'yvithdra'v.yral is deli'y'ered to the Asgociationthe Member's intent to withdraw. ~uch 'vi'Withdrawal shall not relieve S8fd-a Member from the responsibility for providing the services and/or funds which the gO'v'erning bodyof such Member has agreesQ to provide for the projects directly benefiting or ratified by such Member as a commitment to the Association to assume by the Association for thts-the balance of the fiscal year. Section 2. If at any time, the general membership is reduced to 'vvnere the regpecti'v'e so that in the iudament of the Board the remainina General Members fail to adequately represent those per50ns living in tl1e incorporated and in the unincorporated areas, or 'yvhere the respecti\.'e General Members fail to represent ninety percent (90l}~) of the population of the County of Ada, Gtate of Idaho, then and in that event, the Chairperson of that portion of the urbanized area reauired for recoanition by the Federal Government as a metrooolitan olannina oraanization. the Association shall so notify- the remaining General Members and ~peci81 rurpose Members and shall see that the comelv with the liauidation provisions contained in Section~ 84 and 5 of this Article are properly carried out. Section 3. Any Member may have its membershio in the Association terminated at any time bv a vote of two-thirds (2/3) of all vatina Members of the Board. Section a~. This amended cooperative aAareement may be terminated, and the Asso~iation disbanded, prior to the expiration of S8id-the term~ referred to in Sections 1 andfor 2 of this Article, by the adoption of a resolution to that effect by the governing bodies of all of the General Members or ~pecial rurpose Members represented on this of the Association and who have executed said this Agreement, all said if such resolutions having been are a"dopted within ninety (90) days of each other; provided, however, that such termination shall not be made effective earlier than the end of the fiscal year of the Association in which the last required number of political subdivisions adopts such resolution, and provided further, that such termination shall not be effective unless and until adequate provisions shall ha.v'e been are made for the assumption by the then participating political subdivisions Members of all outstanding indebtedness and/or contractual obligations of the Association theretofore incurred, v~.hich said pro~v.i5ion8 for assumption shall ha'v~e been fir8t accepted in .vvriting by the obligees of said obligations. Section 4~. Upon termination of this amended cooperati'.Je aAgreement and disbanding of the Association, all property of the Association shall be distributed to General Members in proportion to their contribution to the 'vvork program and budget of the Association in the fiscal year in which dissolution occurs. This Agreement may be executed in any number of counterparts, and when so executed each such counterpart shall be deemed to be an original hereof. Certified copies of the agreement a.nd all certified amendments of said agreement shall be recorded with the Recorder of the County of Ada.each county in which a General or Soecial Member is located. Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 9 ( IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives, effective , 1998~. Proposed Changes to Articles for January 7, 1999, Executive Committee Meeting 10 interoffice MEMORANDUM RCET-\TD .L ~ '.tJ MAY 2 f 1999 CITY OF MERIDLW To: William G. Berg, Jr., City Clerk cc: Mayor Robert D. Corrie Angel Sims From: Wme F. Gigray, III Subject: JOINT POWERS AGREEMENT RESOLUTION/CERT. OF CLERK FILE NO.: 3.8 Date: May 20, 1999 Will: Please find attached the original of the Resolution and Certificate of ClerIc pertaining to the Joint Powers Agreement. This matter will be coming before the City Council at its June 1, 1999, meeting. If the Resolution passes, and after securing the Mayor's signature, please determine from the Ada Planning Association where these documents should be sent to verify that the City of Meridian has taleen action on this matter. msglZ:\W or k\M\Meridian 1 5360M\Ada PIng Assoc\MemoCIerkonResCert ~ '} b/\/qq Ut~ If you have any questions please advise. ~M MERIDIAN CITY COUNCIL MEETING: APPLICANT: REQUEST: CONSENT AGENDA - :\0, n+ AGENCY (- MAY 18,1999 AGENDA ITEM NUMBER: !3- p~S h\~:~~u-b~Ve- ~speG '()"1 PrCA.rtUYl COMMENTS 0 ~t.. ~ckJ <A.?~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COU NTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: (JP ~ft. jfL .f~ , BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I (, JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into effective this day of , by and between the Board of Ada County Commissioners; the Ada County Highway District; the City of Boise; the Boise Independent School District; Boise State University, the City of Eagle; City of Garden City, the Greater Boise Auditorium District; the City of Kuna; the City of Meridian, the Meridian Joint School District No.2; the City of Star. WITNESSETH: WHEREAS, the foregoing county, cities and other political subdivisions constitute the . entire membership of the Ada Planning Association ("Association"); and WHEREAS, the foregoing members of the Association wish to expand their scope of planning responsibilities to encompass a broader region of Southwestern Idaho; and WHEREAS, the foregoing county, cities, and political subdivisions wish to form an association whose purpose is to provide coordination of local government planning functions throughout Southwestern Idaho; and WHEREAS, the members of the Association wish to expand their membership to include counties, cities and other political subdivisions throughout Southwestern Idaho who wish to become members of the Association; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The Amended and Restated Ada Planning Association Articles of Agreement shall be amended, modified and replaced by the Regional Planning Association Articles of Agreement, dated , and appended hereto as Exhibit A ("Articles of Agreement"); 2. The Articles of Agreement shall be considered to be adopted once this Joint Powers Agreement has been signed and approved by all current members of the Association by resolution, ordinance or other appropriate action; 3. The name of the Association shall change to the "Regional Planning Association" upon approval, adoption and signature of this Joint Powers Agreement by one- half of the current members of the Association; 4. Any political subdivision within Southwestern Idaho which is not currently a member of the Association may become a member of the association if it so wishes by approval, adoption and signature of this Joint Powers Agreement as an additional party hereto and as provided in the Articles of Agreement; JOINT POWERS AGREEMENT - 1 5. This Joint Powers Agreement may be executed in several counterparts each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADA, STATE OF IDAHO By: DATED: ADA COUNTY HIGHWAY DISTRICT, STATE OF IDAHO By: DA TED: CITY OF BOISE, STATE OF IDAHO By: DA TED: BOISE INDEPENDENT SCHOOL DISTRICT, STATE OF IDAHO DATED: By: BOISE STATE UNIVERSITY DA TED: By: CITY OF EAGLE, STATE OF IDAHO By: DA TED: CITY OF GARDEN CITY, STATE OF IDAHO By: DA TED: JOINT POWERS AGREEMENT - 2 DATED: DATED: DATED: 6 -/- qr DA TED: DATED: JOINT POWERS AGREEMENT - 3 GREATER BOISE AUDITORIUM DISTRICT, BOISE, 10 By: CITY OF KUNA, STATE OF IDAHO By: CITY Of/MERIDIAN, STATE OF IDAHO !J;:;/-;~/il --===-' By: ( \t~~/' /<v' ~~ :;- MERIDIAN JOINT SCHOOL DISTRICT NO.2 By: CITY OF STAR, STATE OF IDAHO By: ( ** TX CONF I RMA"I .. uN REPORT ** ( AS OF JUN 01 '99 21:30 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 17 06/01 21:29 208 888 1097 MODE MIN/SEC PGS CMD~ STATUS EC--S 01'28" 003 126 OK --~-----------~--~------~---------~---~---~-----~---------~----------------~------~--~------ MERIDIAN CITY COUNCIL AGENDA TUESDAY. JUNE 1,1999-7:30 P.M. CITY COUNCIL CHAMBERS ROLL CAlL:.-X RON ANDERSON X CHARLIE ROUNTREE =X=GLENN ~~NTLEY :JCKEJTH BIRD -LMA YOR ROBERT CORRIE CONSENT AGENDA A. APPROVE MINUTES FROM PREVIOUS MEETING HELD MAY 18, 1999: B. APPROVE BILLS: C. TABLED 5/18/99: JOINT POWERS AGREEMENT WITH APA PLANNING ASSOCIATION (RESOLUTION # 230 ): D. PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION BY GEM PARK II: E. RESOLUTION # Z $. ( - YMC, INC. SEWER AGREEMENT: F. RESOLUTION # 2'3 2... - WALT CULVER SEWER AGREEMENT: REGULAR AGENDA 1. TABLED 5/18/99: ORDINANCE #814 -1999 MOTOR VEHICLE EMISSIONS CONTROL: Njb~v-,- 2. TABLED: ORDINANCE i# - ADD ASSISTANT FIRE CHIEF: 3. TABLED 5/18199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILDCARE FACfLITY LICENSED FOR 50 CHILDREN BY KATHLEEN & WENDELL LAWRENCE- SOUTH OF PINE STREET. NORTH OF HW't' 30/FRANKLIN ROAD. ON LINDER ROAD: ("" Q?'1. -h )..~ ~,(' ~ / 5"!::. At;;.. 4. DEVELOPMENT AGREEMENT FOR KATHLEEN & WENDELL LAWRENCE: ap;?~l/< ;Uf~~ #2,,33 5. ORDINANCE # ~ 2-7 - ANNEXATION AND ZONING FOR KATHLEEN & WENDELL LAWRENCE: ~f1'"7y~ (:::; ~ g:7 g; 0 I~~ en ~ ~~ ~ p:f ~i4 ~ ~ U r..;.~ z ~ ~4 => 0 ~ -., ~ i--l U ~ ~, , l "-.. J..... \ U ~~ o We:: 1-0- -( C t- W W J: Zen <Z -- c:Z -C) ~- wen :EC) LL~ O~ .~ >- ~ ~ !::: J: ~ (J ~ l~ ffi ~ ~ ~ J. ~ C)IJJ z=e i=~ W w :e MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 AGENDA ITEM NUMBER: 17 AGENCY COMMENTS C1TY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A nORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFiCE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: NAMPA MERIDIAN IRRIGATION: {(}j-/ 01~ CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RECEPVED Jur~ - 1 1999 CI'IY OF lVIERIDlAN DELINQUENCY FOR TURN OFF SCHEDULED FOR 06/09/99 MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7 :30 . P.M. Tuesday June 1, 1999 before the Mayor and City Council to appear in person to be judged on the facts and the defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain council. This service will be discontinued on June 9,1999 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and delinquency? No response. MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho code. Even though they appeal, their water will be shut off. The amount of the turn off list is $36,688.75. , t (- ( co ~ e3 ~ H3 f"-.. ; N ~ CJ) ('\l co e g ~ to ~ ci ~ ~ ...f ~ co -- LO ~ c>> ~ C'\l Q) n: ~ ID- 0)- 1'-- 05 0- OJ- fs::f CO- ~ U. 0 ;r- ~ LL LL 0 a: I- c:t (fl- (h fFt- fFt fh ~ fFt- fFt ~ ::) W J: >- en -I <l .:( N f"-.. ~ -- ~ N ~ a; 0 ~ OJ I.() ~ ~ ~ UJ -- -- -- -- l- ii: (.) <t ~ R ,...... ~ ~ ~ &3 m Ie N Q) lO CO -J C) ...- e ~ ~ ~ ~ (I') ~ ~ cD c:; co r:: ID ~ 0') -- N_ Z c:: &f ~- N ('.1- t;j ~- ID- e;; ~- c.6 ::) 0 ffl- (") U') N fB 0 u.. 0 ~ -~ w (3 >- tf7. ~ tA- ~ ~ tA- fT)- (h tA- ~ 0 ..J .... ~ I- 0 0> N ~ ~ ~ ,...... ~ ~ en ~ :2: u::: :tt: U) ,...... ~ ~ W ('f) :: 0) N ~ ~ ~ ...... ffi ,..... ,..... J'- s:t ~ ,..... ,...... 0) ,..... 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I- 0 g 0 w c.t w ct ~ :J :J :) W g :: z c ..., u. :: <( :: ..., .., et (J) MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 1882 REQUEST: GARY SMITH - REQUEST TO CONNECT TO CITY SEWER BY JOHN URIONA AT 942 E. PINE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MEMO CITY ENGINEER: CITY PLANNING DIRECTOR: CITY A TIORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRlCT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: vJJ clii grro IDAHO POWER: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PHONE MESSAGE MEMO R<.".'. ~:-! ~ c }~ ., L'c-'~aT" MAY 2 6 1999 CITI~ OF IVIE111DL4.I'J -&: Talked with John 'LAy; 0 ntL Of cr 41 E.I fJ~ Sf. (company)~ ,. d 1.tJIA4, Re 'tonn ~ fo ea:r ~=) ~ placed call V Party called V I returned call , I ., My _ message v;.eply ~ '1. "'^ ~ ~ JtAl ta::J. ~ IAriLl JILt.} J1 r/o mJJu. ~~~~~~ ~ ~=3~' ~~ ~ cc.. ,. lf~ NLe. ~ - MIL ~ J1.Ud ~ ./&t:er ~Io aM. ~H.JImtWd* ~.tk ~ fArlpA~ ~~ Ilft-a.to ~ ~d. ~; r Wn-J.4. ~ f/...Ar tit ~fAt ~~~J~ ~ ~ VJ lit, tt...L ~ ~ ~ ~ ah~tJL~~ fU'vn.~. Party's V message _reply ;r~f m,~ ~k ~ ~ ~tL P -lAt4- /t.L ~~ ~~~~~WD:;~~L~ii7:;~~:: ~ ~ ~ LJ~};wI- ~J a.Wtft.Q..4WM.bCNvnfU' ~ ~ud 11 r:ft' · ok ' · 'l-fJ 1f,urt A\I(rt ^- p~ -I1vA.L fVkl1 wLU, ~ ~t.JiJ ~ ~ ~ Date S/tb / f(~ Time I 0,' 't~ ~~ Phone No. 8' bb - (J 1r9 (ce1f , Actionorfollow-upnecessary J~ -witt ~a.. ~ It, ;f;;l, ~ ~" ~ ~ tlff/vifT/t<1.. ~ / 1 ~.1 r .J~~ ~~~ I Project No. Project title V;laceinFile /1AJ-WJta,~ To~ - S~ ~~- q~7-E-,/~ f.t: MA ~ ~ (Title), ~ rnAAj P'Y ,/ tJM1 Copy to ( RECEIVED Ml\V 2 fj 1999 May 26, 1999 City of Meridian Cit~~ Clerk Office 942 E. Pine Ave. Meridian, Idaho 83680 \ <6\e lo - Lt1.:sq cd ~l\ c;- D4-l.o4 ~s.e....- Will Berg City of Meridian Dear Will Berg, I am writing to request connection to the city sewer and would be agreeable to annexation into the city limits. The reason for my request is that I have discovered that the septic system at this address is not serviceable. The property is currently on city water service. I purchased this property on May 7, 1999 and was told that the septic was in good shape. Upon successful annexation, I would like to request that 1/2 of the connection fee be returned to me. The sewer line has been "stubbed" from the house to the street according to the previous owner. The septic system has been backing up since the first day we used it so time is of the essence for us on this matter. Sincerely, ~.c?~ - John c. Uriona (\_ I J.. 1J~ ~1Il. ~Il~ ~.1- 6Yl . ) V)/\~~)~ ~ . -. . . . . . . . . . . . . . . . . . . . . . . . . . . MERIDIAN CITY COUNCIL MEETING: APPLICANT: GM1 ~;I--~ ( 6:-(-fr AGENDA ITEM NUMB~~,6 - $- i 4- REQUEST: - Ihfj(~ /2e~ h--. t:~~J 6~~ f /hF hefa:!> 'In-' AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE OEPT: CITY FIRE OEPT: CITY BUILDING OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~ yvS . F l[~ OJfPrV. P I LiS { V ~~ 0~ /7~1 ~ ~ ; fv~V f1eG "j/ ~\ O~ fJJ({iJ01 if S :: j ~ 1 ~ · ( Interoffice Memo RECEIV:EI) J U N - 1 1999 CITY OF MERID~~ Date: June 1, 1999 To: MAYOR & COUNCIL Cc: file From: GARY D. SMITH, PE Re WELL NO.16 - EMERGENCY GENERATOR BID AWARD Mayor & Council: Here is some information on the bid opening held May 27, 1999, for supply and installation of a generator to provide emergency pO\^lf3r at Well site No.16 in the Treasure Valley Business Center (Eagle and Fairview Roads). Assistant City Engineer Brad Watson, has provided some documentation on a bid irregularity at the bid opening. However, this bid seems to be realistic \^/hen compared with the last generator bid 'N8 solicited and received. As you see, this bidder is proposing to fumish a temporary generator to us, free of charge, because of the extended length of time needed to fabricate the generator. (Y2K is causing a rush on companies that manufacture generators.) I vvould appreciate your approval of this bid and authorization for Mayor Corrie and City Clerk Berg to sign and attest the Notice of Award for the generator supplier and the generator installer. Thank You, Gary Smith GDS ( interoffice MEMORANDUM to: Gary Smitl\ PE CC: File from: BradR. Watson,PE #iCJ re: Well No. 16 Standby Generator Procurement (proj. #W-21) Well No. 16 Generator Installation (proj. #W-20) date: June 1, 1999 Bid were received May 27 for the two projects listed above. Two bids were received for each project. The bids for the 200 KW Generator Procurement are: Gen Plus/Cummins Intermountain, Boise: Western States, Boise (Caterpillar): $36,225.00 $40,492.20 The bid from Gen Plus/Cummins Intermountain was altered to state 75 day period instead of the 60 days in the bid documents. Western States showed sixty days on their bid but told me verbally they knew they couldn't meet it. I spoke with Greg Kittridge of Gen Plus and he said he could guarantee 75 days and that he would provide us a temporary generator free of charge while the permanent one is being fabricated. The automatic transfer switch would be available about 45 days after submittal approval. Assuming the submittal is approved in mid June, we can have the contractor install it and have a temporary generator in place around the first of August. For the record, neither bid conformed to the requirement that the bid be signed by either the corporate president Of, if signed by another, accompanied by evidence of authority to sign as required by the Information For Bidders. Ee Power Systems (Kohler), who supplied the generators at Well No. 14 and the wastewater plant two years ago, elected not to bid because they expect long delivery times. Smith-Detroit Diesel also did not submit a bid. For compariso~ the 275 KW generator purchased for Well No. 14 was $34,852. from the desk of.~. Brad R. Watson, P .E. Asst City Engineer City of Meridian 200 E. Carlton, Ste. 100 Meridian, Idaho 83642 c: \bw\w20\gs52899. mem. dot (208) 887-2211 Fax: (208) 887-1297 ( The bids for the Generator Installation are: Custom Electric, Emmett: Challenger Electric, Horseshoe Bend: $4,973.00 $6,000.00 The bid from Custom Electric is conforming. Custom Electric completed the generator installation at Well No. 14 and has been the electrical subcontractor on several of the large wastewater plant projects. They have done quality work. I recommend the contract be awarded to them. Total project cost, if awarded to the low bidders, would be $41,198.00. c: \bw\w20\gs52899. mem .dot ( interoffice MEMORANDUM RECEIVED J U N - 1 1999 CITY OF MERIDIAN. to: Gary Smith, PE CC: File from: Brad R Watson, PE ~~ re: Well No. 16 Standby Generator Procurement (proj. #W-21) Well No. 16 Generator Installation (proj. #W-20) date: June 1, 1999 Bid were received May 27 for the two projects listed above. Two bids were received for each project. The bids for the 200 KW Generator Procurement are: Gen Plus/Cummins Intermountain, Boise: Western States, Boise (Caterpillar): $36,225.00 $40,492.20 The bid from Gen Plus/Cummins Intermountain was altered to state 75 day period instead of the 60 days in the bid documents. Western States showed sixty days on their bid but told me verbally they knew they couldn't meet it. I spoke with Greg Kittridge of Gen Plus and he said he could guarantee 75 days and that he would provide us a temporary generator free of charge while the permanent one is being fabricated. The automatic transfer switch would be available about 45 days after submittal approval. Assuming the submittal is approved in mid June, we can have the contractor install it and have a temporary generator in place around the first of August. For the record, neither bid conformed to the requirement that the bid be signed by either the corporate president or, if signed by another, accompanied by evidence of authority to sign as required by the Information For Bidders. EC Power Systems (Kohler), who supplied the generators at Well No. 14 and the wastewater plant two years ago, elected not to bid because they expect long delivery times. Smith-Detroit Diesel also did not submit a bid. For comparison, the 275 KW generator purchased for Well No. 14 was $34,852. from the desk of... Brad R. Watson, P .E. Asst. City Engineer City of Meridian 200 E. Carlton, Ste. 100 Meridian, Idaho 83642 c: \bw\w20\gs52899. mem .dot (208) aS7 -2211 Fax: (208) 887-1297 ( / f, The bids for the Generator Installation are: Custom Electric, Emmett: Challenger Electric, Horseshoe Bend: $4,973.00 $6,000.00 The bid from Custom Electric is conforming. Custom Electric completed the generator installation at Well No. 14 and has been the electrical subcontractor on several of the large wastewater plant projects. They have done quality work. I recommend the contract be awarded to them. Total project cost, if awarded to the low bidders, would be $41,198.00. c:\bw\w20\gs52899. mem.dot RE c J~ I\Tf:S I) JUN - 1 1999 CITY OF MERIDlAL~ DELINQUENCY FOR TURN OFF SCHEDULED FOR 06/09/99 MAYOR: This is to inform you in writing, if you choose to, you have the right to a predetermination hearing at 7:30 P.M. Tuesday June 1,1999 before the Mayor and City Council to appear in person to be judged on the facts and the defend the claim e by this City that your water, sewer and trash b' uent. You may retain council. This service wi d on June 9,1999 unless payment is r e anyone present who wishes to er, sewer and delinquency? 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