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HomeMy WebLinkAbout2001 01-02• • CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 2, 2001, at 6:30 P.M. City Council Chambers Roll Call: X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie CONSENT AGENDA A. Tabled from December 19, 2000: Approve minutes of December 5, 2000, Special Pre-Council Meeting: Approve B. Tabled from December 19, 2000: Approve minutes of December 5, 2000, City Council Meeting: Approve C. Approve minutes of December 19, 2000, Special Pre-Council Meeting: Approve D. Approve minutes of August 1, 2000, Regular City Council Meeting: Approve E. Findings of Facts and Conclusions of Law: AZ-00-018 Request for Annexation and Zoning of 34.84 acres to R-8 by Valley Shepherd Church of the Nazarene -west of S. Meridian Road south of W. Overland Road: Approve F. Findings of Facts and Conclusions of Law: RZ-00-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - E. Franklin Road and N. Baltic Placer Approve G. Findings of Facts and Conclusions of Law: PP-00-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investment ! Glenco -northwest corner and northeast corner of SE Stn and E. Overland Road: Approve with corrections H. Findings of Facts and Conclusions of Law: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat Meridian City CouncilAgenda -January 2, 2000 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public rrseting. • • for Gemtone Center No. 4 -west of N. Eagle Road and south of E. Fairview Avenue: Approve Beer and Wine Transfer: Ken Hamilton Presentations for the Meridian Speedway: Approve J. Beer and Wine Renewal for 2001: Ken Hamilton Presentations for the Meridian Speedway: Approve K. Beer and Wine Renewal for 2001: Chinatown Quik Wok Restaurant: Approve L. Approve bills: Approve REGULAR AGENDA 1. Department Reports: A. Accounting/Finance Dept. - City Treasurer Janice Smith: 1. Treasurer's Report: Presented B. Fire Department -Chief Ken Bowers: 1. Appraisal for Ten Mile Fire Station Property: Presented meeting /workshop with the Rural Fire Commissioners C. Mayor's Office -Mayor Corrie: 1. Appointment of Parks and Recreation Commissioner: Approve Bruce MacCoy and Creg Steele 2. (Items moved from Consent Agenda) 3. Swear in new Meridian City Police Officers: Changed to January 16, 2001 4. Tabled from December 19, 2000: Ordinance No. Land Swap between Steiner Development and the City of Meridian at The Lakes at Cherry Lane No. 8 Subdivision and Cherry Lane Golf Course: Tabled until January 16, 2001 Meridian City Council agenda -January 2, 2000 Page 2 of 3 All materials presented at public meetings shall became prope-ty of the City of Meridian. Myone desiring accommodation for disabilities related to documents and/or hearings, pl~se contact the City Clerk's Office ~ 888-4433 at least 48 hours prior to the public meeting. • ~ 5. Tabled from November 21, 2000: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 - south of E. Ustick Road between N. Locust Grove Road and Wingate Lane: Tabled until January 16, 2001 6. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC -south of W. Ustick Road and west of N. Black Cat Road: Tabled until January 16, 2001 7. Public Hearing: VAR 00-021 Request by Glenn Johnson Homes for a variance allowing aone-year time extension for the signing and recording of final plat for Hartford Subdivision -northeast corner of W. Ustick Road and N. Ten Mile Road: Tabled until January 16, 2001 8. Public Hearing: VAR 00-023 Variance requesting to use Meridian City Water for irrigation in the Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Attorney to Prepare Findings of Facts and Conclusions of Law 9. FP 00-023 Final Plat approval of 26 building lots and 2 other lots on 7.99 Oacres for Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Approve 10. FP 00-022 Final Plat approval of 12 building lots and 2 other lots on 5.97 acres in an R-3 zone for The Hollows Subdivision by Pinnacle Engineers -north of E. Ustick Road and one-quarter mile west of N. Locust Grove Road: Approve 11. FP 00-024 Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: Approve 12. FP 00-025 Final Plat approval of 54 building lots and 8 other lots on 19.08 acres in an R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: Tabled until January 16, 2001 13. Appointment for Board Members and Alternates to Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority: Resolution No. Bob Corrie, Gary Smith, Shari Stiles -Alternate, Bruce Freckleton -Alternate Meridian City Council Agenda -January 2, 2000 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please-contact the City Clerk's Office at 8664433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 2, 2001, at 6:30 P.M. City Council Chambers Roll Call: X Tammy deWeerd X Cherie McCandless X Ron Anderson X Keith Bird X Mayor Robert Corrie CONSENT AGENDA A. Tabled from December 19, 2000: Approve minutes of December 5, 2000, Special Pre-Council Meeting: Approve B. Tabled from December 19, 2000: Approve minutes of December 5, 2000, City Council Meeting: Approve C. Approve minutes of December 19, 2000, Special Pre-Council Meeting: Approve D. Approve minutes of August 1, 2000, Regular City Council Meeting: Approve E. Findings of Facts and Conclusions of Law: AZ-00-018 Request for Annexation and Zoning of 34.84 acres to R-8 by Valley Shepherd Church of the Nazarene -west of S. Meridian Road south of W. Overland Road: Approve F. Findings of Facts and Conclusions of Law: RZ-00-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - E. Franklin Road and N. Baltic Place: Approve G. Findings of Facts and Conclusions of Law: PP-00-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investment / Glenco -northwest corner and northeast corner of SE 5th and E. Overland Road: Approve with corrections H. Findings of Facts and Conclusions of Law: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat Meridian City Council Agenda -January 2, 2000 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. for Gemtone Center No. 4 -west of N. Eagle Road and south of E. Fairview Avenue: Approve I. Beer and Wine Transfer: Ken Hamilton Presentations for the Meridian Speedway: Approve J. Beer and Wine Renewal for 2001: Ken Hamilton Presentations for the Meridian Speedway: Approve K. Beer and Wine Renewal for 2001: Chinatown Quik Wok Restaurant: Approve L. Approve bills: Approve REGULAR AGENDA 1. Department Reports: A. Accounting/Finance Dept. - City Treasurer Janice Smith: 1. Treasurer's Report: Presented B. Fire Department -Chief Ken Bowers: 1. Appraisal for Ten Mile Fire Station Property: Presented meeting /workshop with the Rural Fire Commissioners C. Mayor's Office -Mayor Corrie: 1. Appointment of Parks and Recreation Commissioner: Approve Bruce MacCoy and Creg Steele 2. (Items moved from Consent Agenda) 3. Swear in new Meridian City Police Officers: Changed to January 16, 2001 4. Tabled from December 19, 2000: Ordinance No. Land Swap between Steiner Development and the City of Meridian at The Lakes at Cherry Lane No. 8 Subdivision and Cherry Lane Golf Course: Tabled until January 16, 2001 Meridian City Council Agenda -January 2, 2000 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 5. Tabled from November 21, 2000: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 - south of E. Ustick Road between N. Locust Grove Road and Wingate Lane: Tabled until January 16, 2001 6. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision No. 1 by Gem Star Properties, LLC -south of W. Ustick Road and west of N. Black Cat Road: Tabled until January 16, 2001 7. Public Hearing: VAR 00-021 Request by Glenn Johnson Homes for a variance allowing aone-year time extension for the signing and recording of final plat for Hartford Subdivision -northeast corner of W. Ustick Road and N. Ten Mile Road: Tabled until January 16, 2001 8. Public Hearing: VAR 00-023 Variance requesting to use Meridian City Water for irrigation in the Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Attorney to Prepare Findings of Facts and Conclusions of Law 9. FP 00-023 Final Plat approval of 26 building lots and 2 other lots on 7.99 Oacres for Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Approve 10. FP 00-022 Final Plat approval of 12 building lots and 2 other lots on 5.97 acres in an R-3 zone for The Hollows Subdivision by Pinnacle Engineers -north of E. Ustick Road and one-quarter mile west of N. Locust Grove Road: Approve 11. FP 00-024 Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: Approve 12. FP 00-025 Final Plat approval of 54 building lots and 8 other lots on 19.08 acres in an R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: Tabled until January 16, 2001 13. Appointment for Board Members and Alternates to Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority: Resolution No. Bob Corrie, Gary Smith, Shari Stiles -Alternate, Bruce Freckleton -Alternate Meridian City Council Agenda -January 2, 2000 Page 3 of 3 All materials presented at public meetings shall become property of the Ciry of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C MERIDIAN CITY COUNCIL MEETING JANUARY 2, 2001 The regularly scheduled City Council meeting of the City of Meridian was called to order at 6:40 p.m. on Tuesday, January 2, 2001, by Mayor Robert Corrie. Members present: Robert Corrie, Ron Anderson, Tammy de Weerd, Cherie McCandless, Keith Bird. Others present: Bill Nichols, Janice Smith, Bill Gordon, Bruce Freckleton, Shari Stiles, Tom Kuntz, Ken Bowers, Will Berg. Item A. Tabled from December 19, 2000: Approve minutes of December 5, 2000, Special Pre-Council Meeting: Item B. Tabled from December 19, 2000: Approve minutes of December 5, 2000, City Council Meeting: Item C. Approve minutes of December 19, 2000, Special Pre-Council Meeting: Item D. Approve minutes of August 1, 2000, Regular City Council Meeting: Item E. Findings of Facts and Conclusions of Law: AZ-00-018 Request for Annexation and Zoning of 34.84 acres to R-8 by Valley Shepherd Church of the Nazarene -west of S. Meridian Road south of W. Overland Road: Item F. Findings of Facts and Conclusions of Law: RZ-00-006 Request for Rezone of 7.14 acres from I-L to C-G for the Meridian Business Park by Donald Asbell - E. Franklin Road and N. Baltic Place: Item G. Findings of Facts and Conclusions of Law: PP-00-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investment / Glenco -northwest corner and northeast corner of SE 5th and E. Overland Road: Item H. Findings of Facts and Conclusions of Law: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemtone Center No. 4 -west of N. Eagle Road and south of E. Fairview Avenue: Item I. Beer and Wine Transfer: Ken Hamilton Presentations for the Meridian Speedway: Meridian City Council Meeting January 2, 2001 Page 2 Item J. Beer and Wine Renewal for 2001: Ken Hamilton Presentations for the Meridian Speedway: K. Beer and Wine Renewal for 2001: Chinatown Quik Wok Restaurant: L. Approve bills: Corrie: I'll open the Council meeting at 6:40. Roll-call, Mr. Clerk, just to make sure we're all here. Bird: Mr. Mayor, this isn't aPre-Council. This is our regular one starting this year. Corrie: That's right that's regular Council. I beg your pardon. It is regular Council. Bird: If I hadn't read that - and I had to ask the attorney to make sure I was right. Corrie: Thank you, I've been so long in the Pre-Council, so we are now having the regular City Council meeting. All of the Council people are present, and we have the Consent Agenda for us. Looks like we've got a couple of things that - Item G, Meridian Greens, Page five, got a correction. Does everybody know what the correction is? Anderson: It says Brad Hawkins-Clark had a slight change in 2.6. Corrie: Brad? He's not here tonight, is he? Shari, what's the change, I guess the attorney could answer that? Nichols: Mr. Mayor, members of the Council, if you'll go down the second to last sentence when it starts out the applicant. Formerly it read this way: the applicant shall verify the correct boundaries of the subject parcel in this northeast corner, and the plat boundary has been modified to exclude the 80-foot easement. Instead it now reads, the applicant shall verify the correct boundaries of the subject parcel in this northeast corner and the plat boundary has been modified to exclude the 80-foot easement. It's just a scrivener's (sic) change. Corrie: So that's -the changed is the one we're going to be voting on right? Any other questions for the Council on the Consent Agenda? Chief have you signed two beer and wine licenses that we have in our file? There are three of them, I guess. We don't have your approval signature anywhere. Gordon: Yes, sir, I have. I received them today, and they were signed today, all three of them. Corrie: How come you received them today? • • CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 2, 2001, at 6:30 P.M. City Council Chambers RoH Call: ~ Tammy deWeerd Cherie McCandless Ron Ande s n Keith Bird Mayor Robert Corrie CONSENT AGENDA A. Tabled from December 19, 2000: Approve minutes of December 5, 2000, Special Pre-Council Meeting: ~.~ ~~~~ B. Tabled from December 19, 2000: Approve minutes of December 5, 2000, City Council Meeting: G~r© ~~ C. Approve minutes of December 19, 2000, Special Pre-Council Meeting: ~/'prr~v~.e~ D. Approve minutes of August 1, 2000, Regular City Council Meeting: ~~~rav'~ E. Findings of Facts and Conclusions of La~lw: AZ-00-018 Request for Annexation and Zoning of 34.84 acres to R-8 by Valley Shepherd Church of the Nazarene -west of S. Meridian Road south of W. Overland Road: /,~~~.~ F. Findings of Facts_/and Conclusions of Law: RZ-00-006 Request for Rezone of 7.14 acres from I-L to C-G for the McNdian Business Park by Donald Asbell - E. Franklin Road and N. Baltic Place: ~~~ vr-~ G. Findings of Facts and Conclusions of Law: PP-00-019 Request for Preliminary Plat approval of 13 building lots and 3 other lots on 7.88 acres in an R-4 zone for proposed Meridian Greens No. 4 by Scott-Fuller Investment / Glenco -northwest corner and northeast corner of SE Stn and E. Overland Road: p;~~,v~ ~~C~~,~=,,.~ H. Findings of Facts and Conclusions of Law: VAR 00-022 Request for a variance of Section 12-3-6 (a and b) Time Extension of Preliminary Plat for Gemton~ Center No. 4 -west of N. Eagle Road and south of E. Fairview Avenue: Gam,-o~.~ Meridian City CouncilAgenda -January 2, 2000 Page 1 of 3 All materials presented at public me~ings shall become property of the City of Meridian. Anyone der3iring aCCOmmadation for disabil~ies related to documents and/or hearings, please contact the City Clerk's Office et 888-4433 at least 48 hours prior to the public meeting. • I. Beer and Wine Transfer: Ken Hamilton Presentations for the Meridian Speedway: ~~ ~„~ J, Beer and Wine Renewal #or 2001: Ken Hamilton Presentations for the Meridian Speedway: ~~~ ~. K, Beer and Wine Renewal for 2001: Chinatown Quik Wok Restaurant: ~ j~ rrv~..,, L. Approve bills: ~~~v~-er REGULAR AGENDA 1. Department Reports: A. Accounting/Finance Dept. - City Treasurer Janice Smith: 1. Treasurer's Report: ~ ~x'e f-e~~ ct-. B. Fire Department -Chief Ken Bowers: 1. Appraisal for Ten Mile Fire Station Property: ~ C, Mayor's Office - ~ayor Corrie: 1. Appointment of Parks an Recreation Commissioner:. 2. (Items moved from Consent Agenda) -- w~~h~ 3. Swear in new Meridian City Police Officers: Chi--^~.ed ~ / /6-0/ 4. Tabled from December 19, 2000: Ordinance No. =- Land Swap between Steiner Development and the City of Meridian at The Lakes at Cherry Lane No. 8 Subdivision and Cherry Lane Golf Course: ~ ~ ~,,,~,~ /-/6 -d/ 5. Tabled from November 21, 2000: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision No. 2 -- south of E. Ustick Road between N. Locust Grove Road and Wingate Lane: .~ ~ u~ 2 /-~6-01 6. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Mercian City CouncilAgenda -January 2, 2000 Page 2 of 3 AU materials preserrted at public medin~ shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Ofrioe at 888-4433 at least 48 hours prior to the public meeting. • • Faire Subdivision No. 1 by Gem Star Properties, LLC -south of W. Ustick Road and west of N. Black Cat Road: 6-ec r,~~'7 /-i 6-v ~ 7. Pubiic Hearing: VAR 00-021 Request by Gienn Johnson Homes for a variance allowing aone-year time extension for the signing and recording of final plat for Hartford Subdivision -northeast comer of W, Ustick Road and N. Ten Mile Road: 8. Public Hearing: VAR 00-023 Variance requesting to use Meridian City Water for irrigation in the Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Geode lh. ~~~'~-.e~ ~° ~/' ~.e ~/~ t~ ~%e ~t ~j~'~' ,r~'v~ 9. FP 00-023 Final Plat approval of 26 building lots and 2 other lots on 7.99 Oacres for Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Qir~j-rr7~ v'~ 10. FP 00-022 Final Plat approval of 12 building lots and 2 other lots on 5.97 acres in an R-3 aone for The Hollows Subdivision by Pinnacle Engineers -north of E. Ustick Road and one-quarter mile west of N. Locust Grove Road: ~~~~~ 11, FP 00-024 Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: ~~,~,.~ 12, FP 00-025 Final Plat approval of 54 building lots and 8 other lots on 19.08 acres in an R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road: ~~j/~ u f ~-%~ -o/ 13, Appointment for Board Members and Alternates to Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority: ~~6 C®~-~ ,~- ~pla(~..~i~, e~ ~~ J~ ~~ ~~°~~~zer - ~~ ~-kce Fi~-~ ~!c le J~d~- "~ ~ ~i ~ Meridian City Council Agenda -January 2, 2000 Page3of3 Alt materials presented at publ~ meetir~s shall become property of the City of Meridian. Anyone desiring accommodation for disab~ities related to documents and/or hearings, please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 2, 2001 Page 3 Gordon: I have no idea. I was off Friday. Today was the first day -they were in my mail today. They were signed; there were no problems. Corrie: Thank you. I think Keith -you're going to do it the 19tH right? The 16tH so Keith if you would swear in those officers on the 16tH, I would appreciate it: I'm going to be in Washington D.C. I'm going back to see if we can get us some more money. Gordon: Mr. Mayor and Council, that would be three full-time officers and two reserves. I couldn't get them all in tonight atone time. Corrie: Other questions on the Consent Agenda? Hearing none, I will entertain a motion for the Consent Agenda. McCandless: Mr. Mayor, I move that we approve the Consent Agenda with the one correction on Item G. Anderson: Second. Corrie: Motion's been made and seconded to approve the Consent Agenda except for the corrections in Item G. Any further discussion? Roll-call vote, please. Berg: Mr. Mayor, members of the Council, roll-call vote: Roll-call: Anderson, aye; Bird, aye; De Weerd, aye; McCandless, aye MOTION CARRIED: ALL AYES Item 1. Department Reports: A. Accounting/Finance Dept. -City Treasurer Janice Smith: 1. Treasurer's Report: Corrie: No. 1 is Department Reports, Accounting and Finance Department City Treasurer Janice Smith. Smith: Thank you, Mayor and Council members. On your desk this evening you found a rough draft of our audit report for the fiscal year 2000. We received that today, and I will be going over that tonight for any corrections. If you find anything that you have questions on feel free to call us. We will set up a meeting later after the final report is done. In a review on the expenditure report an investment that you received last week, the investment in cash summary. We Meridian City Council Meeting January 2, 2001 Page 4 had a footnote of the general ,fund and cash is getting low. As you know, we receive our big property tax moneys in January and in August. We won't be receiving the $2,230,000 till the end of this month, January 26tH. Right now after paying our bills and also our payroll we are down to $21,000 in general fund in the checking account. I did an analysis over what were costs that are going to be hurt, our payables and payroll. We should be receiving state liquor appropriation moneys here within a week, that's about $25,000. State revenue sharing, that's going to come in about $250,000 around the 20tH. At this time I feel that we're okay not to hit any investment money because towards the end of the month we'll be receiving the property tax money to cover payroll. Our payroll for the general is running around $300,000, a little over. We should be okay with the state revenue sharing and the state liquor appropriation, what we have in there and some moneys that have been coming in. At this time I was going to recommend to the investment committee to leave the investments as is. I'll be following up with the phone calls to the state revenue making sure the money's going to be coming in and also with their property tax, making sure when that money's going to be coming in. After the money comes in on the property tax, the forecast looks okay on our cash until June and then we'll have to make some decisions. I'll be getting with our Police Chief, Bill Gordon, to see how the construction is coming on with the new police building and look at the construction schedule. Usually they have a pay schedule for the contractors so I guess I'll just be meeting with that department. We had invested some money from the enterprise and from the parks until June so we can get better interest rates. We feel that's safe until June, at that time we've touched base with our investment agents to let them know in June. Also we called them today to make sure they have some cash available if the property tax money doesn't come in on time. There are some moneys available without losing any interest or no penalties. You did get your report last week; did you have any questions? Anybody have any questions on that report? That's all I have Mayor and Council. Bird: Thank you Janice. Anderson: Mr. Mayor, I just had one question Janice. Did the auditors indicate when the final draft of the audit would be out? Smith: I think our ordinance is by the 5th. He's just waiting for me to make some comments, which I'll be taking it home tonight. They're pretty well ready. We have to make some adjusting entries for audits, adjusting entries to make sure (inaudible) fiscal year report would be right. I think he's waiting on us now, which we just received it this afternoon. I'll be taking it home tonight and Reed will be looking at it tomorrow morning. I'll call them and let everybody know. We just got it so it's hot off the press. It's by the Stn, our ordinance says by the Stn Bird: I think it says they've got to present it by January 20tH. I think that's what it is January 20tH Meridian City Council Meeting January 2, 2001 Page 5 Smith: We'll put it on the next meeting. Are we having a meeting every Tuesday now? Corrie: The one on the 9th is workshops and the 16th and 23rd are the two meetings. Smith: I'll get with them and make sure. Maybe we could get that for the 16tn~ Corrie: You can go ahead and get it the 9th if you can get it done. Smith: Okay, well I'll check on their schedule. I think they're just waiting on us right now. It's going smoother every year. Corrie: Any questions? Bird: I have none Mayor. B. Fire Department -Chief Ken Bowers: 1. Appraisal for Ten Mile Fire Station Property: Corrie: Thank you Janice. Fire Department -- Ken. Bowers: Good evening, Mayor Corrie and City Council members. This agenda was brought up quite awhile ago between City Councilman Ron Anderson and -the Rural Fire Commissioner Mike Engraham. They had discussed what we were going to do with the property out on Ten Mile Road that we're going to build our fire station on. At one time, President Mike Engraham thought it would be a good idea to own part of the land because they were also going to own part of the building. They thought it would be a better deal if they owned part of the land and the building in one package. Talking with Mayor Corrie on this subject -- he didn't think it was quite right for the city to have the rural, or pay the rural for part of this property that was donated to the city. Then years into the future if anything does happen to the rural fire district, that the city would have to turn around and pay for that property again, the piece of property that was donated to us. I talked to Keith Bird about this one night and he was wandering even if it was legal for the city to do this with the rural fire protection district. I contacted Bill Nichols; I'm kind of putting him on the spot tonight. He looked it up, went through some of his books and thought it would probably be in the best interest of the city to go ahead and have the rural pay for part of the property, their percent. That would make everything much cleaner if there ever was a split in the far future. I don't want to say near do I? I'd also like it to be known that Steve Bravo was in the audience tonight representing the rural. Bill would you be able to elaborate a little bit more on that? I kind of hit him on the spot tonight? Meridian City Council Meeting January 2, 2001 Page 6 Nichols: Mayor, members of the Council, and Chief Bowers, the question that was asked was whether it would legal to convey an interest in that parcel to the rural fire district. Because the rural fire district is another government entity, the city can convey an interest in that property without having to jump through this public sale, you know put it up for auction type procedures. It is legal to transfer an interest. I think the other question that was asked was, could something that has been donated to the city, part of it be conveyed to another entity at a price or should it be considered a donation. The answer there is it is legal and appropriate. If the rural fire district is going to acquire an interest that they pay their requisite percentage of whatever the value of that land is now. One way to look at it, I suppose you could leave the title to the real property and just the city, and give the title to the improvements. It would be partly in the city and partly in the rural fire district since they're helping pay for those improvements out there. Then tracking it out later, if you were to ever sell that property and determine, okay how much of this price that somebody's willing to pay for this since we no longer need it for a fire station. because we've got a different one or whatever the situation might be. How much of this price is attributable to the land and how much is attributable to the buildings and improvements instead of rural fire district owns x percent. I think that's the issue. My experience has taught me the simpler that we keep it, the better it is in the long run. Either way could be legal to do it that way. Corrie: My question, I guess, would be what happens when the rural no longer exists. There's no more rural. What do we do? Yes, come on up here Steve. It's a question that I had in the back of my mind. Let's say that we will still own the same property that we have now and the rural is no longer -it's all part of the city. I guess you would have part of it out. Bravo: Well until the point that the districts dissolved and that would be a matter for the rural attorney to set up. Things would have to be taken care of, so to speak, but we would have to adjust that back to the taxpayers in some manner. A credit or something that the money would be given back to the taxpayers once the district became non-existent. Any funding left over would have to go back to the taxpayers. Bowers: Mayor Corrie and City Council, basically my question is just how much farther do we want to go with this subject. Do we want to go ahead and appraise the land and give the rural commissioners a price on that? Do you guys want to sit on it a little bit longer and think about this because I know Cherie and Tammy have not heard about this before so I'm just bringing it up for you guys. Bird: Mr. Mayor, Kenneth after hearing Mr. Nichols statement and the Mayors, how much is it going to cost to have it appraised. Anybody got an idea? Bowers: Mayor Corrie, City Council members, and President Keith Bird, right around $1500 would be the appraisal. The question would be then who was Meridian City Council Meeting January 2, 2001 Page 7 going to pay for the $1500? Would the Rural pay their percent, or would the City pay the whole thing? That, to my knowledge, has not been even discussed yet unless maybe Councilman Anderson has, but I don't think it has. Corrie: Just the Council -they want to have a meeting with the City Council. About the only date's open is Wednesday, January the 24th. One Tuesday is a meeting night, and the other is a Planning and Zoning meeting and they want to have it from 6:30 to 10:00 p.m. The 24~' is on a Wednesday, looks like to be the only one and maybe you discuss that with them at that point and see where we want to go. Do we want to pay for the whole thing, or half of it? I don't know where the rules are coming from and it wouldn't be fair to them and we do something and then not discuss it with them. With the two Council people here that haven't had the chance to really look at it that maybe we could - if the Council decides the January the 24~' on Wednesday to have that meeting from 6:30 to 10:00 we might be able to. Do we have any objections to the Council on that (inaudible). Bird: I don't have any problem. Corrie: Why don't we set it up, Kenny and Steve for the 24th of January at 6:30 to 10:00 here in the conference, or in the chamber here. Then we can go over that and kind of get everybody acclimated in what we are doing and wanting to do. I think it might be easier Kenny so we all get on the same page. Bowers: That would be fine, I appreciate it. Corrie: (inaudible) by them or Steve knows but make sure that Debbie and Ike knows the date. Bowers: Thanks Mayor and Council, I appreciate it. C. Mayor's Office -Mayor Corrie: 1. Appointment of Parks and Recreation Commissioner: Corrie: Did Ileave -the two people at the -David Moe sent me a letter that they had interviewed and talked with the people on the list. They had four people that they said they therefore on behalf of the Parks and Recreation. We ask that you recommend two of the four names listed above the City Council for their approval and they said anyone of the four would be good. What I've done is I've thought that -bring the names of Bruce MacCoy and Creg Steele as appointments for the Parks and Recreation at this point. We got one more that will be going off, Moe, David Moe and I have to talk to him yet on - I guess he can go two terms, he's done one and he (inaudible) to do another one. My recommendation to the Council for members of the planning of Parks and Recreation would be Bruce MacCoy and Creg Steele. (Inaudible) any questions you might have? Meridian City Council Meeting January 2, 2001 Page S Bird: Mr. Mayor, when is Mr. Moe's term expired? Corrie: It shows that it's upon October of 2000. Bird: Okay so he's over? Corrie: Yes. Bird: You don't want to confirm him again? Corrie: I haven't had a chance to talk to him. Bird: You got a letter from him didn't you? Corrie: I got a letter from him yes, but I want to talk to him. We can do it next meeting if we have (inaudible). He's still on until we replace him or get him back in there. Anderson: So there's two vacancies not counting his? Corrie: Right. Bird: Mr. Mayor, on Bruce is he - I see where he's a territory manager, does he have to travel that much? Corrie: No, not any more. Bird: I didn't think so. Corrie: I think Creg Steel has been - I think April the 18t" is when he sent me his letter that first time (inaudible). Bird: I've worked on committee with Mr. Steel; he's very, very capable. Anderson: Mr. Mayor, Tammy since you're our Council liaison, I guess I kind of have to rely on some of your expertise because I don't know any of these people or anything about them. Do you know anything about them or interviews or - I just (inaudible) a resume's alone, you know it would be one thing? De Weerd: I do know a couple of the members but I wasn't involved in the interviews. I thought it would be important that these recommendations come from the commission themselves. I do know they are very comfortable with all four of these candidates, after talking to them and finding out -being able to exchange information they felt that these were four very top notch people. I do Meridian City Council Meeting January 2, 2001 Page 9 know three of the four, I think all three that I know of would do a great job. If there's no further discussion I would like a motion. Corrie: I don't have any. Bird: I have none. De Weerd: Mr. Mayor, I move that we accept the non-appointment of Bruce MacCoy and Creg Steel for the Parks and Recreation Commissions. Do you need them to fit into one of the two seats? Bird: No, not necessarily. Corrie: (Inaudible discussion amongst Council members) at the same time. De Weerd: Well, yes they do. That expired 2002. Bird: Second. Corrie: Motion made and seconded to accept the recommendation, the Mayor for Bruce MacCoy and Creg Steele to be put on the Parks and Recreation. Any further discussion? Anderson: They do meet the requirements to living and that stuff? Corrie: Yes. De Weerd: That is one thing the Commission tried to make sure we have our different (inaudible) spread out. Corrie: I think that's important too because you have them all in one area of town that isn't the best either. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 3. Swear in new Meridian City Police Officers: Corrie: No. 3, which is swearing in, will be on the 16tH of the month. De Weerd: Mr. Mayor, just one question. With David Moe, will we have that on the next agenda on the 16tn~ Corrie: Yes, you'll have to go through -- Keith will be -I'll nominate that you will have to go - Bird: Okay you make the recommendation, if you don't I won't do it. Meridian City Council Meeting January 2, 2001 Page 10 Corrie: Okay, any other questions? De Weerd: No. Item 4. Tabled from December 19, 2000: Ordinance No. Land Swap between Steiner Development and the City of Meridian at The Lakes at Cherry Lane No. 8 Subdivision and Cherry Lane Golf Course: Corrie: No. 4, this was tabled from December 19, 2000. It was the Land Swap between Steiner Development and the City of Meridian. There was a letter that they were to delay that again and table that to the 16t" is that correct. That would be the one that they had the land use agenda. Anderson: Mr. Mayor, I can't see any reason why wouldn't allow that and give them time to work that out so I would make a motion that we table No. 4 until January 16t" Bird: Second. Corrie: Motion been made and seconded to table Item No. 4 till the 16t" of this month. Any further discussion? Hearing none, all those in favor of the motion say aye. De Weerd: Mr. Mayor, I abstain. MOTION CARRIED: THREE AYES, ONE ABSTENTION Corrie: Okay. Item 5. Tabled from November 21, 2000: FP 00-018 Request for Final Plat approval for of 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision Item No. 2 -south of E. Ustick Road between N. Locust Grove Road and Wingate Lane: Corrie: Item No. 5 is tabled from November the 21St. This was a request for Final Plat approval for 61 building lots and 3 other lots on 23.02 acres by Packard Estates Development for proposed Packard Acres Subdivision Item No. 2. Staff comments? Stiles: Mr. Mayor and Council, we did receive response to our comments just today. The comment -the response letter refers to a revised plat that we don't have a copy of and they are still trying to work some things out with Ada County Highway District regarding the one gate lane. I would like to have a Meridian City Council Meeting January 2, 2001 Page 11 representative from Ada County Highway District be in attendance at the next meeting. I ask that you table this to January 16tH. Corrie: Any questions, Council? Bird: I have none. Corrie: I'll entertain a motion to table this to the 16tH and have a representative from ACHD at that meeting. McCandless: I move that we table the request for Final Plat approval for 61 building lots and 3 other lots by Packard Estates Development until the 16tH Bird: Second. Corrie: Motion been made and seconded to table Item No. 5 until the 16tH of January. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES Item 6. Tabled from December 5, 2000: FP 00-020 Final Plat approval of 47 building lots and 3 other lots on 14.93 acres in an R-4 zone for Autumn Faire Subdivision Item No. 1 by Gem Star Properties, LLC -south of West Ustick Road and west of North Black Cat Road: Gorrie: Item No. 6 is a request for Final Plat approval of 47 building lots and 3 other lots on in Autumn Faire. We have got a letter from the attorney, Susan Wildwood to have that postponed to January 16tH to be continued at that point. Any questions from Council on this? Bird: I have none. Corrie: Staff is that what you follow as well? I entertain a motion on Item No. 6. De Weerd: Mr. Mayor, I move that we continue this to January 16tH on the request for Final Plat for Autumn Faire Subdivision. Bird: Second. Corrie: Motion made and seconded to table Item No. 6 until the January 16tH meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting January 2, 2001 Page 12 Item 7. Public Hearing: VAR 00-021 Request by Glenn Johnson Homes for a variance allowing aone-year time extension for the signing and recording of Final Plat for Hartford Subdivision -northeast corner of W. Ustick Road and N. Ten Mile Road: Corrie: Item No. 7 is a public hearing request for Glenn Johnson Homes for a variance allowing aone-year time extension for the signing and recording of Final Plat for Hartford Subdivision -northeast corner of West Ustick Road and North Ten Mile Road. At this time I will open the public hearing and staff comments first. Stiles: Mr. Mayor and Council, this Final Plat was originally approved on September 7, 1999. They had had some problems working out right-of-way and sewer line issues. Having to do with the drainage from the streets and working out something with the Ada County Highway District to allow that in there right-of- way. They have basically built the entire subdivision at this point but since their plat wasn't recorded in time it's now null and void and they have pretty much all of the improvements constructed out there. I would request that the Council approve the variance to extend the Final Plat recording time. I believe they requested March 7th, I'm still not confident they're going to be successful in making that date for the recording. They do have some issues remaining and would ask that you grant one year from the original one year to make the final recording date September 7, 2001. Corrie: Any question for the staff? Bird: I have none. Corrie: Someone else from the public would like to issue testimony in this request for variance for the one-year time extension? Wilder: Janet Wilder as 3340 North Ten Mile Road. We live in the house that the subdivision is around, and we were a little concerned about some of the things that haven't been completed there for us. One pretty pressing issue is the power; the line that came to our house ended up not on our property line. They have told us since they've started the subdivision, I think last. March, that they were going to move that and so far it hasn't been moved. We had it on a garage that has since been torn down. The only thing left standing is just one part of it that supports the power box. I've talked to the engineer several times and he's referred me -the last time I talked to him he referred me to the developer, Glen Johnson. I talked to him and he said he didn't know anything about it. I talked to the engineer again, at that time he told me he would get back to me. I talked to the engineer again and he told me he would talk to Glen and get back to me. It's still sitting on the little part of the garage that wasn't demolished. We need to get that - in the meantime we've had extension cords running out our back door and our side door to the pump because the line to pump got torn up somehow in the Meridian City Council Meeting • • January 2, 2001 Page 13 construction. We built a new little garage and we had to run power out there because there isn't any power in it yet. They were supposed to put a fence around us but that can't be done until they have their sewer and power lines into us because it would cause a problem with the fence if they did it later. They had to put sidewalk in front of the house so they tore up our front yard and it's still just like they left it. The engineer told me that they could put grass from the sidewalk out to the road, and I had talked to Ada County on that and they said it was okay as long as we maintained it. That hasn't been done, in fact nothing has been done there. It's pretty hard to get to the mailbox and the paper box without getting muddy because it's just mud out there. They paved the driveway from the sidewalk to the street and then on the house side they put road mix in. When you drive over that, well it just tracks the sand and it comes into my carport. We had put a little gravel in there before for that reason, to stop the tracking. I'd like to have that gravel put back in there so we don't have to contend with the sand all of the time. We still have - I guess that's part of the subdivision but we have open trenches around the house where they haven't completed the pressurized irrigation. That isn't a big issue but it hasn't been completed to us either. Just tonight I noticed the powers on there so I don't know why they can't get power to us. Their original idea was to bring it in from the rear of our house from their subdivision into us. Before that's been the thing they've told us they couldn't - the power didn't go on until their Final Plat was approved or something. Anyway I would like to have some of those things - I don't want to wait a year for this to happen. I just kind of wanted to make you aware of those things, so maybe we could get those things fixed. Any questions? Bird: Mr. Mayor, Mrs. Wilder, did you sell the property to Johnson? Wilder: No we did not, we sold the property to Ray Patell. They sold it then to Glenn Johnson, I think. It's been I think six or seven years since we sold it. Any other questions? Thank you. Berg: Mr. Mayor, Shari, were any of these completes as she's raised -were any of those conditions of the Final Plat that you are aware of? Stiles: I'm not sure if the fence was a part of the conditions of approval around their lot. It kind of sounds like a lot of those might have been included as part of their agreement with whoever they sold it to. The thing I can think that would part of a policy or an ordinance would be Ada County Highway District requirement that they pave the driveway 30 feet into their property not just beginning at the sidewalk. Other than that, I don't think those are actually conditions of the plat. De Weerd: Mr. Mayor, I have a question for the attorney then. Would it be appropriate to continue this till the 16~' and to allow Shari to make sure none of these are conditions of the CUP? Also, look into, perhaps if this is an agreement, if we could get a response by the developer. Meridian City Council Meeting ~ • January 2, 2001 Page 14 Nichols: Councilwoman de Weerd, I think to me if the Final Plat has been approved and it has to be signed off on by the city engineer and other city officials before it can be recorded. It has to be recorded before they can sell those lots. It's a pretty big financial incentive for them to be able to get the engineers approval, public works, and zoning administrators approval as far as the hammer over the developers head. The question is, are the complaints that Mrs. Wilder raises the city's business, I mean that's the real issue. If they're conditions of the plat then they're the city's business. If they are conditions in the sale agreement between the Wilders and Mr. Patell then that's a private, civil matter that the city's not a party to. You can defer this but I don't know that that really does much, where really the city staff holds the keys to this developer being able to sell lots which is, we wont sign your plat unless the punch list is completed. De Weerd: Mrs. Wilder, were these conditions of the sell of your property or do you remember them to be conditions of the platting process? Wilder: These were what we agreed on when we sold to Patell. They were, I guess passed onto Glenn Johnson. Rick Thurber, who is the realtor, could verify this. We also have a letter that was signed by Mr. Johnson when he first started trying to get approval for the subdivision, our place was not in the subdivision at that time. He had -Rick Thurber came out to the house and said he needed to get us in the subdivision. He would have Glenn sign a letter that said that we were not responsible for any -which (sic) we wouldn't incur any financial responsibility for anything that came up because of the subdivision. I don't know if that covers any of this or not but it was our understanding from the get go that these things would be done. We would be hooked up to water, sewer, power and that we would have a fence around the place to fence us off from the rest of the subdivision. I don't know whether this should be here, or whether it should be -they haven't really said that they wouldn't do it. They've talked to us about putting a fence around, but it just hasn't been done. De Weerd: You would probably like it done in a timely fashion. Wilder: Yes, we would. We've been a mess for almost a year now, and we .would kind of like to look out and see something besides a mess. De Weerd: I think I have had experience on how new development can kind of disrupt your life for awhile. Wilder: Right, well the biggest mess is in front of the house. From the road to the sidewalk. It's just mud -tree roots. Corrie: You do have sewer and water there though don't you? Wilder: Well yes from private -we're not hooked up. Meridian City Council Meeting January 2, 2001 Page 15 Corrie: They're not hooked up to the City yet? Wilder: Their water's there, the power's there and I guess the sewer must be. Corrie: Are you part of that subdivision now? Wilder: Yes. De Weerd: I guess I have a problem extending a Final Plat when all of this work should have been done and these people should have had the services available. Bird: Is that the condition - it is like Mr. Nichols said is that the condition of the Final Plat, the facts and conclusions when this was passed. I would doubt that the City of Meridian has any authority to entertain what their sale agreement between the Wilder's and the buyers was. It had nothing to do with the Final Plat, and I agree with you, they should have it done. I don't think as a city that we have the authority to tell them that if this wasn't within the conditions of the approval and the Final Plat then we can't tell them they have to do it legally. I don't believe. Corrie: I haven't seen the Final Plats for a year, I don't know what's in it. Bird: I'm with you. I haven't either. Corrie: Do you know what's in it? I'm asking you athousand-dollar question here but I don't even know what's in the Final Plat. Stiles: Mr. Mayor and Council, I wouldn't know without reviewing everything. I know that when it was originally annexed, the Wilder's home was left out of that annexation. A condition of the original annexation was that they had to be included because they have created conclave there and we also wanted the improvements to be constructed on Ten Mile across their property. I don't believe it addressed anything to do with what happened from the sidewalk to the existing roadway because that would be an Ada County Highway District right-of- way. I think - I would certainly be willing to work with you and try to at least encourage them to do it but beyond what's actually been part of the conditions of the plat we wouldn't be able to enforce that. Wilder: The only reason we bring it up is that we just aren't getting anywhere with them. We keep kind of being passed to someone else. Stiles: I can relay that to Richard Jewel and Mr. Johnson and encourage them to talk to you and make sure that they at least are able to compromise on some of the items that you're needing out there. I can call him tomorrow. Meridian City Council Meeting ~ • January 2, 2001 Page 16 Wilder: The power is probably the most important one. We would like to get that changed so we don't have to run those extension cords. I've talked to them several times about that and we still have the extension cords running. Stiles: I can certainly understand that. Wilder: Thank you. Nichols: Mr. Mayor, at the risk of being redundant I think another way of looking at this is would approval of this variance somehow diminish Mr. and Mrs. Wilder's efforts to get this stuff done. I don't believe that - I think that it may in fact help them if you extend the time for filing the Final Plat. Corrie: Any other one from the public would like to issue testimony on Item No. 7? Schaffer: Hi there, I'm Tammy Schaffer, I own the property and reside at 2788 West Ustick Road, which is the property to the east of Hartford subdivision. I'm not sure whether this is a good neighbor agreement or a Final Plat requirement. When they poured the sidewalk adjacent to Ustick Road, they kind of missed the property line and poured about 3 feet of it onto our property, our lawn, and a couple of sprinkler heads were covered for a few months. Mr. Johnson finally addressed it, but he's really hard to get a hold of. We were also told the fence was going nicely, running north and south on our property line and it stopped where that stub street towards the north end of the subdivision. We've got asphalt and two sidewalks that have extended about two and a half, three feet onto our property line. They are aware of that, they took care of the front but I'm not sure when they're going to address it. It's not a big problem but if it does go on for quite sometime we have a little concern. I wanted to bring that up, I'm not sure if the fence - we were told the fence was going to block the street and it stops just before it gets to the street. Right about where the cursor is there, that's where it stops. I'm not really sure -not real familiar what the plan initials but I thought to support my good neighbors, the Wilders, if there having a little trouble I thought I should at least let them know we've had some concerns. When they were doing some of the underground work - we have a haystack right about where that arrow is and I understand that human comfort is a big factor. When we saw some of the construction workers coming from behind our haystack, hoeving toilet paper, that was a concern too. Mr. Johnson said that's just the nature of the construction business. Just thought I'd let you be aware. We're being real patient and good neighbors. Corrie: You certainly are. Bird: Yes, you are. Meridian City Council Meeting January 2, 2001 Page 17 Wilder: We're patient (inaudible). Schaffer: Anyway I just thought I would bring that up in case that was a concern with the Final Plat. Corrie: Thank you Tammi. Questions Council? Bird: I have none. Corrie: Mr. Wilder? Wilder: I think on this human comfort thing we had a couple loafing sheds and a garage and stuff that they pushed. That was a bathroom for 50 guys for three months. I think on these subdivisions you got out here there's a lot of them going but I don't see any restrooms there. In somebody's - in the back of somebody's garage is a mess if they went out there and took a look. They ought to put that - when they start subdivision they ought to have a restroom or something someplace. At my house everybody -all of the buildings were -you couldn't go out there after they got started. They should address that somehow. When they get their first plat or something I don't know. Bird: They should have portables. Wilder: Well if you got a Mexican hoeing out in a beet field you got to have one and water for him to drink. You go out and put 40 guys on a subdivision you don't have to have a restroom for them or any water to drink. Bird: They should. Wilder: It didn't look very prosperous. Corrie: Thank you Mr. Wilder. De Weerd: Mr. Mayor, looks like not only in this debatement but in portables do we need to improve our standard requirements. Corrie: Any one else in the public would like to issue testimony on this? Anderson: Mr. Mayor, seeing no one else coming forward I would make a motion we close the public hearing. Bird: Second. Corrie: Motion made and seconded to close the public hearing, all those in favor say aye. Meridian City Council Meeting January 2, 2001 Page 18 De Weerd: Mr. Mayor, before we - can I have a discussion for a moment? Corrie: Yes, because I forgot to do that. De Weerd: Before we vote on this we may want to just continue this. If it was the intent to continue this till the 16th if there's any comments on requirements for the Preliminary Plat or anything that that testimony can be included on the public record. Corrie: Any other comments? We still have a motion before the floor to close the public hearing. Roll-call vote please on closing the public hearing. Berg: Thank you Mr. Mayor, members of the Council. Roll-call vote: Roll-call: De Weerd, naye; Anderson, aye; McCandless, naye; Bird, aye. MOTION CARRIED: TWO AYES, TWO NAYES Corrie: It's a tie, I'm going to close the public hearing at this point. You can - now you need to - a discussion on whether you want to extend the one-year time extension or if you don't want to. Discussion? TIEBREAKER VOTE: THREE AYES, TWO NAYES Bird: Mr. Mayor, as I understand we're not -from this date, we're not extending it one year. You want to go to September 7, 2001? That was one year from the last deal but it's not one year from the day we're doing it right now. I don't know how we can take this developer and put some scare or tactics or something. I'm not too sure that that wasn't in the sale agreement with the original buyer. I don't know what the second buyer, Mr. Johnson, where his liabilities ended and started as far as the first one. I don't know Shari you got any ideas how we can get some things accomplished if we do give this variance? Stiles: I think to a point we really have some opportunity as far as the plat is not signed yet, it hasn't been signed by Gary Smith. The development agreement has still not been approved; we just found that out that this was annexed back originally in 1994, I think. At that time the development agreements were prepared by the applicant and submitted to the city and I just think it was never followed through. I believe Mr. Glen Johnson - oh, I'm sorry, Gary does have some notes that said that the Council approved development agreement June 15, 1999. It has been recorded but that was only for the 0.45 acres of the Wilder's. The development agreement for the entire subdivision has not been done. That would leave that open for discussion at that time. We also have the ability to withhold building permits even after the plats are corded, to the extent we have any kind of authority. We could stop them even applying for building permits which is a very good incentive to get a lot of work done. As far as the Meridian City Council Meeting ~ • January 2, 2001 Page 19 rest I have mostly dealt with Mr. Jewel and he seems to be real willing to do whatever he needs to do. Maybe it's just going to take calling it to his attention and telling him that that's our expectation that those things be taken care of. De Weerd: Mr. Mayor, I don't think delaying it two weeks is a complicated thing. I do believe what the City Attorney suggested is that it does send a message. It might give our staff a little bit more behind when they call the developer to inform them of some of the things that still need to be cleaned up. I don't see what harm it would have in delaying this two weeks. I think we have to have a message that says when you impact the neighbors you should be a good neighbor. I had no interest in extending these things, and they do have a lot of money into it if they can't be good neighbors (sic). Corrie: We certainly can make a motion to that affect. We just closed the public hearing the other time but we can have two weeks to talk it over with them, come back here and the duty will not be a public hearing but it will be a decision you can make with a little more authority I presume. You can make that motion. Bird: Mr. Mayor, the only thing I have, and I'll refer to the attorney on this - I believe that if it isn't in the conditions or anything that we can certainly suggest that Mr. Johnson become a good neighbor. I don't think legally we've got any leg to stand on as far as forcing him to do this kind of stuff. I think most of this agreement was made in the sales agreement that we're talking about. I think extending it two weeks doesn't affect me one way or the other but I think in two weeks you'll be -unless you give him the ultimatum to have this stuff done in two weeks and you can't do that because you don't know if it's under our deals. De Weerd:. "If' is a big word, and you don't know what's in there. It gives us a chance to find out what is there. McCandless: Mr. Mayor, I definitely agree with Tammy that we should find out what is in there and what isn't in there. We're just assuming right now and for that reason I would make the motion that we put this off for two weeks so that Shari and her crew can find out exactly what is in it and bring it back to us so we can make a decision. Bird: I'll second that. Corrie: Motion made and seconded to defer a decision on this variance request until January 16th and give the staff more time to find out about the development agreement, and also the recording -what was recorded on the Final Plat or wasn't recorded yet. Any further discussion? Anderson: Mr. Mayor, since everybody else got to throw his or her (sic) two cents worth, I'll throw mine in too. I see this as two distinct issues, I guess as the City Attorney kind of explained to us. As much as I think everybody on the Meridian City Council Meeting January 2, 2001 Page 20 Council is appalled with the conduct of the developer, I think a lot of those things are issues that threw this Final Platting process, we may or may not have any control of. I think as a city we ought to hold the developer's feet to the fire and we ought to make him comply with all of the conditions that were set forth on this Final Plat. As we talked about, our signature on that Final Plat and the building permits is our hammer that we can hold above his head to make him do those things. I think the things about the workers using the neighbor's as a restroom, I think those are probably outside the scope of what the City of Meridian can do. That's really an issue that the Department of Labor would like to know about some of their practices and some of those types of things. I really don't have any major concerns or issues with delaying the vote on that for two weeks. If there is anything in the development agreement that we can find that the developer is not complying with then we ought to hold their feet to it. I wouldn't object at all to this motion. Corrie: Okay any further discussion? Hearing none, the motion is called for a deferral till January 16th on the decision. Roll-call vote Mr. Berg. Berg: Thank you Mr. Mayor and members of the Council, Roll-call vote: Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Feedback on the 16th then. Shari you need to do some talking to some people. Stiles: I will. Item 8. Public Hearing: VAR 00-023 Variance requesting to use Meridian City Water for irrigation in the Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Corrie: No. 8 is a public hearing. It's a variance request to use Meridian City Water for irrigation in the Wanda's Meadow Subdivision by Robert Glenn -north of East Ustick Road and west of North Locust Grove Road. At this time I will open the public hearing on Item No. 8 and have staff comments first. Freckleton: Mr. Mayor, members of the Council, as the Mayor mentioned this is a request for use of city water for irrigation, in lieu of pressurized irrigation. As you may recall, the subdivision directly adjacent to Wanda's Meadow called the Hollow's, sought a variance and received a variance for the same basic reasons that this applicant is before you tonight. They are on the tail end of a ditch; their water supply is intermittent, and not reliable. There is not a regional pressurized irrigation system in the are that they could tap into; they are kind of hanging out Meridian City Council Meeting January 2, 2001 Page 21 there. Staff supports the variance requests, and I'll stand for any questions you might have. Corrie: Council, any questions? Bird: I have none. McCandless: I have none. Anderson: Mr. Mayor, Bruce, this situation as it came up before we had talked to Gary about maybe doing some possible revamping to an ordinance. I happen to live in a subdivision that went on this same type of system; they went on the city water system in lue of putting in a pressurized irrigation. I know that it causes problems for years to come for the homeowners because you're paying for much more expensive water, treated water just to sprinkle your lawn with. We had talked to Gary about possibly revamping the ordinance to require developers in this situation. Even though the pressurized irrigation may not be available right then as additional properties do get developed, then there could be a larger pool of people who could contribute to a regional pressurized irrigation system. The ordinance would then require them to put in dry lines at this time that then later on could be hooked into a regional system. Have you guys got any further in doing that ordinance because I hate to keep approving projects like this without some type of a long-term solution? Freckleton: Councilman Anderson, we have had several discussions. We had some meetings with the developer of the Hollows and his engineers. Several ideas were batted around; we looked at a lot of pros and cons to doing a system like that. One idea that Gary had come up with is that they install basically a single point connection feeding a system that each lot would then tap into. In the future that system then could be converted by tapping into a pressurized irrigation system. The biggest draw back with a system like that, as we saw it, is that there's no metering of the water. You're going to see certain people being conservative, you're going to see other people being very, very liberal with the water, and everybody gets to foot the bill for it. I think it was Gary's feeling that the water consumption would probably be considerably higher because of that system than it would be if each individual lot used their own meter and were therefore responsible for the amount of water that they used. I know Gary is still kicking around ideas on exactly what you talked about. To my knowledge he hasn't come up with any drafts of ordinances or anything at this time. Anderson: Thank you. Corrie: Any further questions for staff? This is a public hearing, is anyone from - a developer here this evening? Meridian City Council Meeting January 2, 2001 Page 22 Tealy: Mr. Mayor, members of the Council, my name is Pat Tealy. I'm representing the developer of the subdivision Mr. Robert Glenn. He also has a representative here if you need to talk with him on this issue, and it was pretty well explained by Bruce. We are as an alternative, contribute to the well development system. I can see the benefits of a dry line installation but how do you meter it. If you were to do a dry line installation should you do the well development fee also? It gets you real -double whammy, just bumps the price of the lot up at least that much again. If there's any questions we can ask, I know it was fairly well explained by Bruce (inaudible). Corrie: Any questions for Pat? Bird: I have none. Corrie: Thanks Pat. Anyone else from the public like to issue testimony at this point. Hearing none, Council do you have any questions while it's still in a public hearing? I'll entertain a motion then to close the public hearing. Anderson: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the public hearing on the variance of No. 8. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion, questions, Council? Hearing none I will entertain a motion then for the VAR 00-023. Anderson: Mr. Mayor, in light of no better solution at this point I would make a motion that we approve VAR 00-023, a request to use Meridian City water for irrigation in Wanda Meadows Subdivision by Robert Glen. Bird: Second. Corrie: Motion made and seconded to approve the variance request on the Wanda Meadows Subdivision. Any further discussion? Roll-call vote Mr. Clerk. Berg: Thank you Mr. Mayor, members of the Council, Roll-call vote: Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting • • January 2, 2001 Page 23 (Inaudible discussion amongst Council members.) Item 9. FP 00-023 Final Plat approval of 26 building lots and 2 other lots on 7.99 Oacres for Wanda's Meadow Subdivision by Robert Glenn -north of E. Ustick Road and west of N. Locust Grove Road: Corrie: Item No. 9, Final Plat approval of 26 building lots and 2 other lots on 7.99 acres for Wanda's Meadow Subdivision by Robert Glen. Staff comments. Stiles: Mr. Mayor and Council, this is not a representation of the plat that we were asking for approval for. There is a stub street that goes to the west here and apparently we didn't have another eight and a half by eleven that we could scan and put into our system here. We have prepared comments; they're dated December 26, 2000. We would ask that you approve the Final Plat for Wanda's Meadow Subdivision that is stamped and dated October 19, 2000. Corrie: Council any questions for the staff? Bird: I have none. Corrie: Is the developer here -representative to ask that you have received the comments of staff and you approve all of them or disapprove or any of them? Tealy: Mr. Mayor, members of the Council, my name is Pat Tealy. Box address 2501 Bogus Basin Road. As staff said that is the wrong Final Plat, I apologize for that. We've got the revised one into them in October, but like they were saying, that evidently they didn't get a -you have it there? I didn't want you to approve something that you hadn't seen. We have read the conditions and agree with conditions of staff. Corrie: Any questions to Pat? Bird: I have none. De Weerd: None other than have porta potties out there. Corrie: Any questions of Council on request for Final Plat approval? Then I'll entertain a motion on Item No. 9, Final Plat approval 00-023 Wanda's Meadow Subdivision. De Weerd: Mr. Mayor, I move that we approve the Final Plat for Wanda's Meadow Subdivision, No 023, have the attorney draw up the appropriate findings. Bird: With the drawings stamped and dated October 19, 2000. With that I'll second it. Meridian City Council Meeting `~' January 2, 2001 Page 24 Corrie: Motion been made and seconded to approve the Final Plat, 00-023, the Wanda's Meadow Subdivision with the plat dated stamped October 19, 2000. Any further discussion? Hearing none, Roll-call vote Mr. Clerk. Berg: Thank you Mr. Mayor, members of the Council, Roll-call vote: Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 10. FP 00-022 Final Plat approval of 12 building lots and 2 other lots on 5.97 acres in an R-3 zone for The Hollows Subdivision by Pinnacle Engineers -north of E. Ustick Road and one-quarter mile west of North Locust Grove Road: Corrie: Item No. 10 is a Final Plat approval of 12 building lots and 2 other lots on 5.97 acres in an R-3 zone for Hollows Subdivision by Pinnacle Engineers -north of E. Ustick Road an one-quarter mile west of North Locust Grove Road. Staff comments. Stiles: Mr. Mayor and Council this is property immediately to the west of the previous subdivision. You also have our comments and we would ask that you approve the Final Plat for the Hollow Subdivision with staff and agency comments. Corrie: Thank you. Any questions for staff? Hearing none, is a developer here this evening. Boyle: Mayor and City Council, Clint Boyle with Pinnacle Engineers, 12552 West Executive Drive in Boise. Just one comment on this, we agree with staff memo and staff comments. Our office has had discussions with Bruce Freckleton regarding the sanitary sewer main extensions into the project and I'm just going to refer to one of the comments under the site-specific comments, Item No. 7. States that sanitary service to this (inaudible) subdivision will be via extensions from the proposed mains within Wanda Meadow's Subdivisions. In our discussions that we've had with Bruce Freckleton we felt that it would be more appropriate for us to extend the sewer service along Ustick Road and then enter the project along Boulder Creek Avenue. Therefore that would relieve us of being tied to the development of the Wanda Creek Subdivision and waiting for their improvements to go in and having that be kind of a hitching factor for us. Essentially what we're proposing is that the sewer service to this proposal would come from the east side of the project on Ustick Road, extend west along Ustick Road and then into the site along Boulder Creek Avenue. Corrie: Any questions from Council at this point? Bruce, how about that? Meridian City Council Meeting January 2, 2001 Page 25 Freckleton: Mr. Mayor we have had conversations and I can cur with what Clint has said. I guess what we would propose is in site specific Item No. 7 that we just strike the first sentence. Bird: Strike which sentence, Bruce? Freckleton: Completely. Bird: First sentence? Freckleton: Yes. So Item 7 would start out, subdivision designer to coordinate main sizing and routing. Bird: Mr. Mayor, Bruce is this the South Slough sewer hookup or is this going to be the white trunk? Freckleton: This is the South Slough. Bird: We've already got some trunk line in Ustick there don't we? Freckleton: Correct. Mr. Mayor there is another point regarding sewer that we would like to talk about as well. General requirement No. 6, that's sewer coming up Ustick Road is getting to the end of its service ability depth. Therefore the two and through policy would not be applicable in this case, if the sewer was brought west in Ustick and extended north into this project. There is no need for it to extend any further west. I would request that on general note No. 6 that we would just tag onto the end of that or as approved by public works. That's all. Corrie: Any other questions Council for the staff? Bird: I have none. Corrie: I'll entertain a motion on the Final Plat approval. McCandless: Mr. Mayor, I move that we approve the Final Plat 022, 12 building lots and 2 other lots on 5.97 acres for Hollow Subdivision with the additions made by Mr. Freckleton. Bird: Second. Corrie: Motion made and seconded to approve the Final Plat of the Hollow Subdivision, that Final Plat 00-022 be approved with the changes that were requested. Any further discussion? Hearing none, Roll-call vote Mr. Berg. Berg: Thank you Mr. Mayor, members of the Council, Roll-Call vote: Meridian City Council Meeting January 2, 2001 Page 26 Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 11. FP 00-024 Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision by Primeland Development Co., LLP -north of West Ustick Road and east of North Ten Mile Road: Corrie: Item No. 11 is a Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision by Primeland Development Co., LLP -north of West Ustick Road and east of North Ten Mile Road, staff comments, Item No. 11. Stiles: Mr. Mayor and Council you have our comments dated December 28, 2000, and hopefully you received a copy of the applicants response to save - dated December 29th, do you have that? This is the first phase of what was approved at the Preliminary Plat stages Bridgetower Subdivision. The lots south of Five Mile Creek -- the applicant has proposed at some future time that these may be office lots and realized that they would need to have the - a (inaudible) change or a change in our planned unit development ordinance. In order to accomplish this as this is designated single-family residential. They will still have - it will appear to be a residential subdivision until they come back through. Either through a rezoning or through the planned development, a new planned development ordinance that is being proposed. I don't believe there were any real issues on this subdivision, we are awaiting a new plan that will show the actual details of the fencing along Five-Mile Creek. There's a 140 for the easement and for the Five-Mile Creek, it's aright-of--way that is actually owned by the Bureau of Reclamation. Mrs. Bowcutt has indicated that they cannot obtain an easement from Nampa Meridian or the Bureau of Reclamation and that they will obtain a license agreement for the crossing of the creek with the sewer and water utilities. We are in agreement with the proposed change in wording to that site-specific comment No. 12. With that I would recommend that it be approved with the conditions of our memo dated December 28, 2000 with the change to Item No. 12 under site specific, that they will obtain a license agreement in lue of an easement. De Weerd: Mr. Mayor, Shari has this changed considerably since we (inaudible) a Preliminary Plat? Stiles: This is only a small portion of it. If you look at this vicinity map, these are where those proposed future office lots would be. The remainder of this subdivision that they proposed -- you'll see on the next item on the agenda -- is residential all back clear to the crease in lateral. The part -the school site was proposed, it was never proposed as part of their annexation -the property that Meridian City Council Meeting January 2, 2001 Page 27 they were previously proposing to use for the school was never annexed and the school district is requesting that another area be set aside for an elementary school. In the next Final Plat you will see where they are Platting only the Phase 1 of Bridgetower Subdivision. They are following the phase lines as they were approved at the City Council. The first phase of the other subdivision would only include an area for the recreation center. The next phases that they come in with for a Final Plat will include the entire 5-acre park that's adjacent to Five-Mile Creek. De Weerd: So this hasn't changed since Preliminary Plat? Stiles: No. This is only a 3.84 acre part of this initial annexation. Corrie: Becky, I guess the user question, do you have any -everything you agreed to everything? Let the record show she said yes, sir, and nodded her head. Bird: Mr. Mayor, I got a question to ask Shari on the site-specific Item No. 4. The applicant from Ms. Bowcutt's deal, the applicant will add this statement? Stiles: Yes, Council President Bird, Mayor and Council. The minimum residential house size is part of our ordinance; it does need to be stated on the plat. It is an R-4 subdivision and until something changes that it won't hurt anything to have it on there because if it's not a residential house - a residential house is not built then it will just kind of be a moot point. Corrie: Anything else? If there's no other questions I'll entertain a motion on the Final Plat approval on 00-024 Primeland Subdivision. 3 building lots and 5 lots. McCandless: Mr. Mayor, I move that we approve Final Plat 00-024, 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision. Bird: Second. Corrie: Motion been made and seconded to approve the Final Plat, 3 building lots and 5 other lots on 3.84 acres in an R-4 zone by Primeland Subdivision and that the attorney draw up the proper order. Any further comments? Hearing none, Roll-Call vote Mr. Berg. Freckleton: Mr. Mayor, there was one modification to site specific Item No. 12, to insert license agreements that have easement. McCandless: Mr. Mayor, we could add subject to staff comments on that motion. Bird: Second agree. Meridian City Council Meeting • January 2, 2001 Page 28 Corrie: Second agrees to the addition of the motion to include staff comments. Anything further? Roll-call vote please. Berg: Thank you Mr. Mayor, members of the Council, Roll-call vote: Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 12. FP 00-025 Final Plat approval of 54 building lots and 8 other lots on 19.08 acres in an R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., LLP -north of West Ustick Road and east of North Ten Mile Road: Corrie: Item No. 12 is a Final Plat 00-025 approval of 54 building lots and 8 other lots on 19.08 acres in an R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., LLP -north of W. Ustick Road and east of N. Ten Mile Road. Staff comments. Stiles: Mr. Mayor and Council this is the remainder of the Phase 1 proposed for Bridgetower Subdivision. You have our comments that are dated December 28, 2000, and Ms. Bowcutt's response dated December 29, 2000. I'll go only over the items that have been highlighted in Ms. Bowcutt's response. Apparently those are the items that we may still have disagreement on. No. 4, the response indicates it cannot exclude the word homeowners from the pedestrian access statement. Our comment was only geared toward trying to avoid a problem in the future. Homeowners within this subdivision would think that because it said homeowners access that no one else -access that would be acceptable. We would agree to strike that request for change on Item 4 provided we receive a recorded copy of that easement prior to signature on the Final Plat. Item No. 11 under site specific. Our comment was that no building permits would be allowed adjacent to the Five-Mile Creek until the pressure relief sewer was built. This, I believe was a result of Gary Smith not wanting to have to go out and tear up utilities or -they are requiring an additional temporary construction easement along the backs of these lots to construct that line. I don't have a schedule of when that relief line is being built, I don't know if Bruce has further information on it. Staff still feels strongly that that does need to be done. Freckleton: Mr. Mayor, members of the Council, today I spoke with Brad Watson in our office trying to get a little bit of an update on that relief line. The 17th of this month that is going to bid and as most of you, maybe all of you know we are working towards the pathway project and trying to get the sewer line in ahead of that. Brad said that house construction on those lots probably would not impact the construction. They would be far enough back that it wouldn't hinder us getting through there, however having pressurized irrigation and whatever - fences back there along that lot line definitely would be in the way. If we could Meridian City Council Meeting January 2, 2001 Page 29 maybe work something out to where we would allow them to go ahead with construction on those lots but hold up the installation of pressurized irrigation until, such time that we get that line constructed so that we're not in there tearing up new improvements. That is something that we could probably live with. As far as the timetable goes, Brad said that optimistically we would hope to be through there by April. That's not in any way any kind of a commitment. We're working towards trying to get it all done but we don't have a firm schedule set yet. Stiles: Mr. Mayor and Council although this is not highlighted on the response. On Item No. 12, the applicant has proposed only to pipe the portion of the crease in lateral, which is on their property. The way our ordinance reads is that if it is adjacent to the property it will be also be piped unless Council grants a waver of the requirement to pipe. We will expect the entire length of the property and the crease and lateral to be piped if any portion of that easement is adjacent to their property. We do not agree with No. 12. Item 16, similar to the previous project, a license agreement in lue of an easement is acceptable. Also on No. 17, the license agreement and letter so consent are acceptable in lue of easements. We do have a comment that we had made about putting a deed restriction -this is under site specific Item 10. The parts director has also requested as part of that deed restriction. Perhaps it can be included as a note on the plat to make those lot owners fully aware that there will be a multiple use pathway constructed along Five-Mile Creek right-of--way so that we won't have problems in the future. If we were going to actually construct the pathway with people upset. I think it would probably be best served by a note on the plat but Ms. Bowcutt can offer any alternatives that she thinks might be acceptable. Except for those somewhat major items we're generally in agreement and would recommend approval with staff conditions on this plat Corrie: Any questions of Council at this point? Chief I have one it says the City Police Department public safety concerns. I don't have anything here; do you know what it is? Gordon: Just that every time we add a subdivision, the police and fire get farther behind, Your Honor. Corrie: Thank you. Gordon: Not just police. Corrie: Thank you. De Weerd: Does that mean we can't service that? Is that what you're saying? Gordon: Mr. Mayor, Councilwoman De Weerd, all it's saying is that we are stretched right now. Any additions are going to stretch us even farther. We will service and respond but our response times are going to go up. I don't know Meridian City Council Meeting January 2, 2001 Page 30 what the answer is but the way the town is growing, public safety is not keeping up with the growth of the town and my concerns. De Weerd: So these issues probably need to come at the Preliminary Plat and annexation and zoning time where we can do something about it. Gordon: I've been putting this on for about the last four to five months on all of the plats that have come through. Corrie: (inaudible) the developer, Becky, you have some thoughts? Bowcutt: Becky Bowcutt, 11283 West Hickorydale Boise. Just to clarify one issue, the reason that you're seeing this in two Final Plats was the requirement of the Ada County Engineer. Five-Mile Creek is a 140-foot wide right-of-way owned by the Bureau of Reclamation, then the two plats are not contiguous. The Ada County Engineer indicated under state law that we would be required to have these as two Final Plats so we split them apart and that may have confused Councilman De Weerd on the way it looked. Item 4 that was highlighted, I agree with Shari. I believe that we can go ahead and provide a pedestrian easement and then we'll reference an instrument number on the plat so there's no discussions in the future about keeping other residents out of their development. Awareness of a future path along Five-Mile Creek, I don't necessarily believe that a deed restriction would be the way to go but possibly a note on the plat. We can do it in the notes; we can also do it on the face of the plat. Future city pathway, so it's quite clear. Anytime a homeowner purchases a lot they typically get an eight and a half by eleven of the face of the plat. It's also as part of the covenants so if we put it in some bold letters that would obviously be there so we can have no one in the future complain to the Council about that. Item 11, I'm glad to hear that the city's proceeding forward on the relief line. This condition was placed upon our Preliminary Plat originally and we objected - we withdrew our objection prior to coming to the Council when Mr. Smith indicated that he thought the relief line would be constructed this fall. Obviously there have been a few delays but I'm glad to hear that it's on the horizon and it sounds like it will be taking place probably simultaneously with us. We would be glad to hold off installation of our pressure irrigation along that south boundary and any fencing and (inaudible) for those two items because we obviously don't want to disrupt that construction or create any possibility for any damage. Our concern was just timing because no one had given us any type of timeframe on when the relief line would be constructed. Item 12, Shari brought up. We have an interesting neighbor; Mr. Husky adjoins us to the north and to the west. We have dealt with him on a sleeve issue. A water sleeve for a future extension of a 12-inch water line in Ten Mile was installed when ACHD did some bridgework along the creasing. That sleeve was placed right at the edge of Mr. Husky's property, I believe with just a minor little overlap. We were inquired in order to extend the water line up Ten Mile for our mini storage facility to go to Mr. Husky and obtain an easement because the city had never acquired one when that was installed. Meridian City Council Meeting January 2, 2001 Page 31 We needed that in order to utilize it. Mr. Husky granted us that easement and then sent his attorney to the City Engineer to resend his granting of that easement to the city. The crease and lateral traverses our property but then it veers to the north and goes on his property. The ditch is solely upon his property but there is a minor overlap of the easement along our north and west boundary of this particular phase. It is my concern that if we are faced with dealing with Mr. Husky again on an issue, we may have a problem. Nampa Meridian in the past has told me even though they have an easement for a lateral that we do not have the right to go in and do any work on private property. If Nampa Meridian goes in for maintenance purposes or they have a particular problem they have the right to go in and make improvements but we do not. It would require Mr. Husky to grant his permission for us to go in and modify, pipe the ditch, change the boxes, the head gates etc. I don't know if that's obtainable. Mr. Husky is an elderly man, and my dealings with his attorney were not a good one. We are willing to pipe whatever ditch is on our property, relocate it, in compliance with the code. To deal with the adjoining property owner, that's very scary. I guess I disagree with staff on Item 12. We don't want to pipe that ditch that's not on the property. Item 16 were in compliance with and Item 17 I believe we're in compliance with. We can obtain license agreements and letters of consent but I cannot obtain an easement from Bureau of Reclamation. Shari were there any other outstanding issues? Stiles: I believe we're just going to get some clarification on some of the landscaping and fencing. Under general requirements it kind of reiterates the crease and lateral tiling issue. I wandered if the applicants representative would reply to go ahead and bond for all of that that's adjacent to the property, then go ahead and fence it off and see if you can work something out with Mr. Husky. In the meantime I believe the properties in probate as far as I know right now -- Bowcutt: That's my understanding. Stiles: -- but there has been a lot of interest in development of that piece so I wouldn't think it would be ended to distant future that that property's going to be developed. Depending on how long probate takes. Bowcutt: Right because the probate is being contested by other family members at this time. That's my understanding. Now Shari if the property were to be developed obviously that property would be responsible for piping also. Then at that time would you be responsible for only 50 percent of the cost of tiling the ditch when the property (inaudible)? Stiles: Our ordinance doesn't address that at this time. We have had requests to kind of come up with a similar latecomer's agreement for piping of these ditches. To date we haven't done that, but I think that's reasonable to expect a sharing of the cost of piping that ditch. Meridian City Council Meeting January 2, 2001 Page 32 Varriale: My name is Frank Varriale, I reside at 4702 Hillcrest View in Boise. I am the managing partner of Primeland Development Company. As I understand the question is would we be willing to share in the cost of piping that ditch? Bowcutt: (from audience) Bonds for the entire cost. Varriale: Bond for the entire cost including that on Husky property? Bowcutt: (from audience) That adjoins you. Varriale: Go into some kind of latecomers' fee, or latecomers' return, I didn't understand your response here. Corrie: We don't have a latecomers fee, what we would have to do is -the way I understand it is if that's developed when they have to -they would their half of what it costs. You would get your -well you wouldn't get it back, you'd just have to be part of the bond to be taken off. That's -- counselor is that - I'm not a bond expert here. Nichols: Mr. Mayor, members of the Council, the currently latecomer agreements are only used with regard to water and sewer line extensions. They are not used in connection with any other infrastructure improvements that are a requirement of development. Does that mean they couldn't be used for tiling of ditches, I suppose it's possible but right now there's no mechanism for that. Even when that's there, there is a requirement that it usually has a definitive time that it doesn't go past. Typically it's been ten years so that if a property next door develops in year eleven, there's no fee paid to the original developer. There are those sorts of perimeters on latecomer agreements. I think what the proposal is there is as Ms. Bowcutt said, bond for the entire thing or the what you can the and bond for the rest of it. Then at such time as Mr. Husky's property or whoever it belongs to, which is kind of the issue on the probate, develops -that might be worked out with that person that wants to develop it then. If not then the bond is there to the it. Corrie: That way you would only be tiling on your property - (inaudible) hopefully they can do it ten years. If they don't then - Nichols: Mr. Mayor if I may interject here we can't promise that because we don't have latecomers on tiling and ditches at this point. Corrie: No, that's what I'm saying if they don't do it then it's theirs. Varriale: Mr. Mayor, if I may, I'm still a little confused here. It appears to me that if you're asking me to bond to the the ditch on Mr. Husky's property that the desire here is to have that ditch tiled at some point. As being mentioned that property will probably be developed within the next ten years and whoever Meridian City Council Meeting January 2, 2001 Page 33 develops that ground will the it at that time. I don't understand the concern. Someone please clarify that for me. Corrie: Okay the ordinance states that you have to the that whole thing, right now to and through. What Mrs. Bowcutt is saying is Mr. Husky is a hard one to deal with and technically you can't go on his property to do the tiling. You have the the on your property you can the that. That part that's on his land is you can't the that or go onto it but you can bond for that to - if that land is sold and they want to the it that's fine. You are still required by ordinance to the that whole thing. Do you see what I'm saying? You can't -you're caught in a Catch-22 here, unless Mr. Husky says okay you can come over here and the this. Mrs. Bowcutt's saying that chances of that are not very good. I would assume the way that the Ordinance reads, unless you go up for a variance for that, you would have to the your part and put a bond up to the the other part in hopes it would happen in ten years that they come by and do it. If they don't, I don't know what will happen in that case, that sounds to me like the attorney doesn't know sure what would happen either, you can't say what will happen. Bowcutt: Mr. Mayor, I think Mr. Varriale's point is the intent of the ordinance is to make sure that when property's developed that the ditches are piped for safety purposes. We will be required to fence our perimeter, which would mean fencing that ditch out because it's north of us on Mr. Husky's property. When Mr. Husky's property is developed which with the sewer becoming available out there and we've already extended water out its frontage, it's highly likely in the near future. Then they would be responsible for piping that ditch just as we're responsible for piping the crease in which traverses us. It comes on our property from our western boundary so we're piping everything through us. I think he's having a difficult time dealing with why am I piping someone else's ditch when the ditch isn't on my property. I understand where you're coming from sir, the way the ordinance wording is. Corrie: Anyone else want to tackle that one a little better. Bird: I've got a question for ordinance. How does the ordinance read that says that they go onto other people's property? It says to and through their property, am I not right? If it goes out for 100 feet or 200 feet onto somebody else's property how is can our ordinance require them to the that? Anderson: It says adjacent to. Bird: It doesn't say adjacent to. Bowcutt: Yes it does. Corrie: Does it say "adjacent to," Mr. Attorney? Meridian City Council Meeting January 2, 2001 Page 34 Nichols: Councilman Bird, Mayor, members of the Council, I'm looking at the development agreement which has in it a condition which says, all irrigation ditches, laterals or canals exclusive of natural waterways intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled. Corrie: Mr. Nichols -you can't go on somebody else's private property even though it's adjacent to it but it's not adjacent it's over on their property. How would we do that? How can we get by that? Nichols: That's the question Mr. Mayor and I'm not sure exactly how they can get it done - Corrie: I would think that if Mr. Husky didn't want to do anything about it he could say it's my property don't step on it. Nampa Meridian has an easement there. Stiles: Mr. Mayor and Council I think the only way they probably could accomplish it is they would just buy the materials and then Nampa Meridian of their own accord would go in and the it. They wouldn't need to have his permission to do that. Corrie: Yes. Nichols: How much are we talking about that's actually on Mr. Husky's property, how many feet? Bowcutt: About 24, it exits our property and goes for about 24, runs on his property turns and then runs south on his property and then runs west. Stiles: This portion right here, it over -the easement actually overlaps onto this property. There is a slight overlap of the easement on the north. Bird: Where is it on your property there Becky? You're telling me it runs on his property from lot 24 and goes west? Bowcutt: Yes sir. Bird: Then comes south? Bowcutt: Yes sir. Bird: On his property? Bowcutt: Yes sir. Bird: So in other words two thirds of it's on his property and one third of it's on yours? Meridian City Council Meeting • January 2, 2001 Page 35 Bowcutt: It starts on the eastern boundary, it comes in right here and we'll be responsible for piping it through here. That runs all along here and in front of both of these existing dwellings. It runs here and then when it comes to our western here it moves -it's north and the ditch bank doesn't touch our property but the easement overlaps it. It turns, goes down, then it goes west and then I think it dumps into Five-Mile. Bird: They're building a path here but see they're bringing it through here and then from here on over. It leaves their property. Bowcutt: The problem is only this area here when it leaves our property and goes solely on Mr. Husky's. (Inaudible discussion amongst Council members.) Bowcutt: Any other questions? I'm sorry I always have a problem. Corrie: Yes you do. At least their different all (inaudible). Bowcutt: If they were easy they wouldn't need me. De Weerd: You keep yourself employed. Bowcutt: Yes I keep myself employed with problems. Corrie: I don't know whether a variance would be allowed would it? Mr. Nichols - this is land use; you can't do a variance on that. You could do what Shari said, buy the pipe and let Meridian Irrigation put it in. Nichols: Mr. Mayor, members of the Council that is the practical solution. If Nampa Meridian were convinced that from a maintenance standpoint it boohoos them to the that ditch and they are supplied with the the then I would think they would do it. They certainly have the right to do it. They are the easement holders, they can in their sole discretion determine that it's most appropriate for the maintenance of the ditch and for serving their customer's that the ditch needs to be tiled then they can do it. That's the practical solution. From a legal standpoint I guess what I need to do I guess what I need to do is go back and look at the city ordinance with regard of this adjacent to language on the tiling requirement to see where we're at on that. With regard to this particular application it may be where the practical overcomes the legal side of things and that's the way that you get it done. Corrie: Like a tennis match, the balls in your court now. Meridian City Council Meeting • • January 2, 2001 Page 36 Bird: Mr. Mayor, I would like to just interject one thing. I really have a problem with -one developer has to do something on another developers property or pay for it that that is going to enhance that property if and when they ever decided to develop it. I realize that there's a lot of thinking around that developers walk around with a lot of money in their pockets but they have to put a pencil to these things to make them work out. I just have a real hard. problem. The man -after they leave their property and go through somebody else's property and that enhances that property that they have to pay for. I realize it's in the -they signed the Development Agreement so I think -and it says in the Development Agreement they will do it. I don't think it's fair to the developers and I don't care which developer it is. Corrie: Well it may be time to revisit the ordinance too. Bird: I don't think that ordinance says that. We'll see what the attorney says. Corrie: Becky, how critical is the timing on this? Can you allow a couple of weeks for this Final Plat? (Inaudible discussion amongst Council members.) Bowcutt: I think that would be fine sir because I guess I have some questions on this section 12-4-13 too because it talks about touch either or both sides of the area being subdivided, ditches or laterals. Touches, Imean - I guess staff looks at it from the easement touches but is that talking about the ditch itself touching. If the ditch doesn't touch you then I don't know, I guess I would like to have a legal opinion on that section. I think it's worth it. Corrie: If that be the case that the Council would like to have a little more time I would -and with the applicant's agreement, put this till the 16th of January and get some questions answered and put the ball back in our court again. Council, this is the decision that you are going to be able to make. Bird: You want to continue, that's your recommendation? Corrie: It would be mine. Bird: I'll make one motion. Mr. Mayor I move that we table FP0025 the Final Plat approval for 54 buildings and 8 other lots on 19.08 acres on a R-4 zone for Bridgetower Subdivision No. 1 by Primeland Development Co., till January 16, 2001. De Weerd: Second. Meridian City Council Meeting January 2, 2001 Page 37 Corrie: Motion has been made and seconded to table Item No. 12 the Final Plat 00-025 on the Bridgetower Subdivision No. 1. Is their any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 13. Appointment for Board Members and Alternates to Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority: Corrie: Item No. 13 is appointment for Board Members and Alternates to Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority. On that one, Council, I had made the recommendation - we have two on that committee now as Gary Smith and myself (sic). Bird: You guys said you'd keep it didn't you? Corrie: Yes, we would - we would like to have the two other representatives. Shari was one and I needed one more yes. Somebody want to step up and hit the ball? Chances are the fourth one won't have to go. Bird: I think that maybe we should have Bruce or Brad from City Engineer Department be another alternate. Corrie: That's fine with me. Bird: Do you want to do that Mr. Freckleton? Freckleton: Sure. Alternate right? Corrie: Okay we'll (inaudible) resolution number. We can do that tonight if you have a resolution number. Are you prepared for that Mr. Clerk? We can put the resolution number on there and this would be by Tammy de Weerd. Resolution number to be given is the resolution by the Mayor and City Council, the City of Meridian setting to forth certain findings and purpose, establishing appointments for the board members and alternates to the Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority. It would be four primary representatives. It would be Mayor Corrie, Gary Smith, Shari Stiles, and Bruce Freckleton. Do I hear a motion on the resolution number? Whatever that will be. Bird: Mr. Mayor, I move that we approve the Resolution regarding the representatives and the alternatives or alternate for the Ada County Regional Public Transportation Authority and the Valley InterArea Transportation Authority with suspension of rules. Meridian City Council Meeting January 2, 2001 Page 38 Anderson: Second. Corrie: Motion made and seconded to approve the Resolution. Nichols: Mr. Mayor, members of the Council I just noticed a typo on the Resolution itself. We'll get you the correct one tomorrow but on the second page, the last two lines should indicate as alternate representatives. (Inaudible discussion amongst Council members.) Corrie: Any further discussion? Roll-call vote Mr. Berg. Berg: Thank you Mr. Mayor, members of the Council, Roll-Call vote: Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Bird: Mr. Corrie or Mayor Corrie, I would like to go into an Executive Session, a short one for Idaho's code 67-2347(a). Corrie: All right (sic), is there a second to that motion? De Weerd: Can we first have a short break? Corrie: You can walk in there, just take your time getting there. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I entertain a motion to come out of Executive Session. De Weerd: Second. Corrie: Motion made and seconded, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Nothing was discussed. It's 9:20; I'll entertain a motion to adjourn. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded, adjourn 9:20. All those in favor say aye. Meridian City Council Meeting January 2, 2001 Page 39 MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 9:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~~~ f~.ei ~ /~~rd. ~ ,drat it°ewf C'l ~-r-, L~~.c~ +~~~~'~~ ~ ~~,`r~~ri ~~~L i ~- ~ p ILLIAM G. BERG, JR., CIT CL RK December 29, 2000 MERIDIAN CITY COUNCIL MEETING January 2, 2001 APPLICANT City Treasurer -Janice Smith ITEM NO. ~ -q-~ REQUEST Treasurer's ~eporf AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CfTY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~~~ ADA COUNTY HIGHWAY DISTRICT: ,~(~ SANITARY SERVICE COMPANY ~~/ ' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-19-00 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 7.14 ACRES FOR PROPOSED MERIDIAN BUSINESS PARK LOCATED IN MERIDIAN BUSINESS PARK, NORTH OF FRANIQ,IN ROAD WEST OF NORTH BALTIC PLACE, MERIDIAN, IDAHO Case No: RZ-00-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE DONALD R. ASBELL, Applicant. The above entitled matter on the rezoning application of 7.14 acres having come on for public hearing on December 19, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Dave Williams, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, 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 makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 1 FINDINGS OF FACT C~ 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 2 • and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.14 acres in size. The property is generally located in the Meridian Business Parlc, north of Franklin Road west of North Baltic Place, in Meridian, Idaho, and is described as follows: PARCEL A: A parcel of land being all of Lots 1, 8, 9, 20, 21, 22 and 23, and a portion of Lot 2 and 19, Block 3, Meridian Business Parlc, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89°46'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franklin Road, said point being the TRUE POINT OF BEGINNING; thence South 89°46'06" West a distance of 678.93 feet along said south boundary of said Section 7 and centerline of East Franklin Road to a point on the southerly extension of the west boundary of Lot 20, Block 3 of Meridian Business Park; thence North 00°31'04" East a distance of 213.13 feet along said west boundary of Lot 20; thence leaving said west boundary North 15°08'34" West a distance of 176.29 feet to a point on the south boundary of Lot 9; thence North 89°47'03" West a distance of 12.50 feet along the south boundary of Lot 9 to the southwest corner of said Lot 9; thence North 00°31'11" East a distance of 261.85 feet along the west boundary of said Lot 9 and the northerly extension thereof to a point lying on the centerline of East Ding Street; thence South 89°50' 10" East a distance of 200.00 feet along the centerline of said East Icing Street; thence South 00°31' 11" West a distance of 262.03 feet along the east boundary of Lot 8 and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 3 northerly extension thereof to the southeast corner of said Lot 8; thence South 89°47'03" East a distance of 261.32 feet along the north boundary of Lots 20, 23 and 2 of Block 3; thence South 00°31'04" West a distance of 148.08 feet; thence South 89°47'03" East a distance of 277.65 feet to a point on the centerline of North Baltic Place; thence South 00°31'04" West a distance of 229.82 feet along said centerline to the POINT OF BEGINNING. Said parcel contains 273,662 square feet or 6.28 acres, more or less. PARCEL B: A parcel of land being all of Lot 18, Bloclc 3, Meridian Business Parlc, as recorded in the official records of Ada County, Idaho, and a portion of Southwest 1/4 of the Southeast 1/4 of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho; thence South 89°46'06" West a distance of 1642.19 feet along the south boundary of said Section 7 to a point marking the centerline intersection of North Baltic Place and East Franklin Road, thence South 89°46'06" West a distance of 708.93 feet along the south boundary of said Section 7 to a point marking the TRUE POINT OF BEGINNING; thence South 89°46'06" West a distance of 174.11 feet along said south boundary of said Section 7 and centerline of East Franklin Road to a point on the southerly extension of the west boundary of Lot 18, Bloclc 3 of Meridian Business Parlc; thence North 00°31' 11" East a distance of 214.79 feet along said west boundary of Lot 18; thence leaving said west boundary t~ the northwest corner of said Lot 18; thence South 89°47'03" East a distance of 174.09 feet along the north boundary of said Lot 18 to the northeast corner thereof; thence South 00°31'04" West a distance of 213.43 feet along the east boundary and the southerly extension of the east boundary of said Lot 18 to the POINT OF BEGINNING. Said parcel contains 37,276 square feet or 0.86 acres, more or less. 5. The owner of record of the subject property is Donald R. and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 4 Annette Asbell, of Eagle, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as I-L, and is partly vacant and six lots have been fully developed. 8: The Applicant requests the property be rezoned to C-G. 9. The proposed site is surrounded by industrial office/warehouse buildings and vacant lots zoned I-L to the north, Meridian Cemetery zoned RT to the south, R-4 residential subdivision to the east and Meridian Fire Station zoned L-O to the west. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: increase the leasable/sellable square footage of office and retail space beyond what the I-L zone currently allows. 13. The Applicant's requested rezoning of the subject real property as C-G is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - S • that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will 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, subject to the conditions of the conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.5 The area 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 zoning amendment shall be able to provide adequately any of such services; 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 6 be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.2 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. 15.2.3 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 15.2.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.2.5 Sanitary sewer service to Lots 18 and 21, Bloclc 3, is questionable. Applicant shall provide the Public Works Department with an engineering plan demonstrating FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 7 serviceability from these two lots to existing services with submission of building permit applications on these two lots. 15.2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.2.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 15.2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 15.2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.2.10 At the time of building permit submissions for Lots 18 and 21, Bloclc 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD right-of-way dedication (48 feet) for the Franklin Road expansion is complete. 15.2.11 There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Asbell Bldg. # 1 Asbell Bldg. #4 Phase II Bldg. square footage 30,000 14,000 20,000 Existing Parking 100 stalls 28 stalls 67 stalls Count Required Parking for 75 stalls 35 stalls 50 stalls 100% Office Use (1:400) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 8 Required Parking for 150 stalls 70 stalls 100 stalls 100% Retail Use (1:200) Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parking fora 100% office occupancy. However, Asbell Building # 1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning SL Zoning Department on a tenant improvement, application-by-application basis. 16. The legal description of the property that is the subject of this application is on file with the City Clerk's office. CONCLUSIONS OF LAW The Council may take 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 requested zoning of Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 IC as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 9 fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 4. Idaho Code § 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 amended 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 conformance with the Comprehensive Plan. 5. Idaho Code § 67-651 lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make, a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 10 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, lakes or other bodies of water, the centerline shall be 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 tracks of said railroad line. 8. § 11-15-11 of the Meridian City Code 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 11 • 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will 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; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area 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 zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will 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, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.1.4 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 12 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. 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: The Applicant's request for rezone of approximately 37.64 acres for construction and development of a planned commercial development is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 2.2 Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of undeveloped lots. 2.3 Outside lighting shall be designed and placed in accordance with City Ordinance Sections 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 13 ~ ~ and 12-5-2.M. 2.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.5 Sanitary sewer service to Lots 18 and 21, Bloclc 3, is questionable. Applicant shall provide the Public Works Department with an engineering plan demonstrating serviceability from these two lots to existing services with submission of building permit applications on these two lots. 2.6 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 At the time of building permit submissions for Lots 18 and 21, Bloclc 3, the Applicant and/or current property owner at the time shall submit evidence to the Planning and Zoning Department that the required amount of ACHD right-of-way dedication (48 feet) for the Franklin Road expansion is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 14 complete. 2.11 There are three (3) existing office/warehouse buildings within the boundaries of this rezone application. The floor area-to-parking ratios for these existing buildings are: Thomas Bldg., Asbell Bldg. # 1 Asbell Bldg. #4 Phase II Bldg. square footage 30,000 14,000 20,000 Existing Parking 100 stalls 28 stalls 67 stalls Count Required Parking for 75 stalls 35 stalls 50 stalls 100% Office Use (1:400) Required Parking for 150 stalls 70 stalls 100 stalls 100% Retail Use (1:200) Based on the above figures, the Thomas Building and Asbell Building #4 shall meet the minimum number of required parking fora 100% office occupancy. However, Asbell Building # 1 shall not be permitted a full office occupancy and none of the existing buildings shall be permitted a full retail occupancy. These use ratios shall be monitored by the Planning & Zoning Department on a tenant improvement, application-by-application basis. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (C-G) General Retail and Service Commercial District (Meridian City Code § 11-7-2 IC) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Worlcs Department shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 15 prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may 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 the G~ ~~ day of ~G~'~- ~'`~ , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCIL PERSON TAMMY deWEERD COUNCIL PERSON CHERIE McCANDLESS VOTED ~- VOTED_~~~~ VOTED~~' VOTED_ `~~Gt.. MAYOR ROBERT CORRIE (TIE BREAKER) VOTED ~' DATED: -~ -~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 16 • r MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ~~~~~~a~-~trs,+~~Pi By: Dated: City Clerk 1-~-~~ msg/Z:\Work\M\Meridian\Meridian 15360M\ASBELL-RZ006\FfsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.14 ACRES FROM I-L TO R-8 BY: DON ASBELL / (RZ-00-006) - 17 «~'~ ~/~~ rpPrsJ fY1' r ~+ i ~, ~~ .: ~~~~~1 Eil~j 3~'rl~i4~~~`~~~~ • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-19-00 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR MERIDIAN GREENS NO. 4 SUBDIVISION BY: SCOTT-FULLER INVESTMENTS / GLENCO APPLICANT Case No. PP-00-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on December 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clarlc, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "Preliminary Plat Drawing: PRELIM-PLAT.DWG, Job No.: 0004, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of 1, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," submitted for preliminary plat approval and which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 1 • • preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ordinance No. 629. 3. It is determined that urban services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 2 • • and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development, if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing: PRELIM- PLAT.DWG, Job No.: 00045, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of 1, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 3 • • Drawing: PRELIM-PLAT.DWG, Job No.: 00045, Date: 11/9/00 and stamped "Received by City of Meridian City Clerk Office NOV 09 2000, SHEET 1 of 1, Civil Survey Consultants, Inc., Engineers, for Meridian Greens No. 4," is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and the Engineering Technician III Recommendations as follows: 2.1 Sanitary sewer and water service to this site shall be via extensions from existing mains installed through the proposed subdivision in SE 5th Street. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.2 Lots 1-5, Bloclc 2 are impacted by an irrigation easement. The Applicant is ,proposing to allow each lot owner to utilize the rear 40 feet of these five lots for landscaping, which would be consistent with other Meridian Greens lots further south. Typically, Staff recommends all irrigation easements be platted as common lots and fenced, especially when the lateral is not piped and there are potential hazards. However, to remain consistent with other Meridian Greens lots, Staff could support inclusion of the irrigation easement in the lots. The Commission and Council approved this option, the Applicant shall provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to City signature on the final plat. If encroachment of the Ei~htmile Lateral is not granted, this 40-foot easement area shall be removed from the building lots and platted as a common lot. 2.3 Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 4 • • source. The preliminary plat map indicates that the existing P.I. system that borders the eastern boundary of the subdivision be utilized as the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Meridian Greens Homeowners Association. Under this scenario, plans and specifications for the irrigation system shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O SL M manual must be submitted prior to plan approval. 2.4 The Applicant is proposing that a 10-foot-strip of the City's well lot at the NE corner of the subdivision be dedicated to ACHD for aright-turn lane on to Overland. A legal description for this 10-foot-strip was submitted with the application. The Developer has stated that the City had indicated a willingness to dedicate the 10-foot-strip. The City Engineer and Public Worlcs Director have both told staff that this is not the case, and that they are not willing to let the strip of land go. Staff recommends that SE 5t" be re-aligned to utilize the developers own land on the west side to provide the necessary width for the intersection design. 2.5 The length of the entry island (Lot 1, Bloclc 3) shall be modified to provide for access into the City's well site from both directions of travel, ie. the south end of the island needs to be north of the driveway leading into the site. 2.6 There appears to be a discrepancy between the Ada County Assessor's basemap and the legal description describing the boundaries of the subject parcel. The Assessor's map shows that the City's well lot eastern boundary does not extend to the centerline of Eightmile lateral and that the 40-foot NMID irrigation easement on the east end of this well lot is within the Applicant's parcel. However, the preliminary plat shows the City owning the land all the way to the centerline. The Applicant shall verify the correct boundaries of the subject parcel in this NE corner and modify plat to exclude the 80' easement. The boundary description shall be amended on Sheet 2 of the Final Plat and the Certificate of Owners, to reflect the change. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 5 • • 2.7 Lot 1, Bloclc 2 does not have direct lot access to SE 5th Way or a cross access easement. This has been modified to demonstrate how this lot will access the public street and provide evidence that ACHD has reviewed and approved of the access point. Staff recommends the access be located on the southern half of the lot. 2.8 Since SE 5th Way is designated as a Collector, Applicant shall add a note to the plat that the front yard building setback for Lots 1-5, Bloclc 2 is a minimum of 30 feet, per Zoning Ordinance 11-9-1. 2.9 The plat shows the Overland Road landscape buffer and both the east and west SE Sth Way landscape buffers as within landscape easements. The Planning and Zoning Commission recommends that the Developer be given the option of either placing this buffer in an easement or on a common lot. Since the eastern SE 5th Way landscape buffer is part of the front yards and these five lots will take primary access off of SE 5th Way, Staff supports platting this eastern landscape buffer within an easement. Developer to provide the City with a landscape plan with all of the landscape areas, including the landscape easement on the west side, prior to approval of final plat. 2.10 A solid, 6-foot fence is required along the north boundary of Lot 5, Block 2 (except within the 20-foot landscape buffer), to separate the City well lot from this residential lot. A wrought iron fence is constructed along the eastern boundary of Eightmile Lateral in Hunts Bluff Subdivision. Staff encourages the Developer to consider similar construction in Meridian Greens #4 Subdivision, Lots 1-5, Bloclc 2. Developer requests that they be allowed to consider landscaping to the waterline in a separate easement. 2.11 The Applicant has stated that the large, mature trees along Overland Road will be preserved and incorporated into the landscape plans. This shall be a condition of the development. 2.12 A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan shall include sizes and species of trees, shrubs, berm and swale details, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 6 • • proposed ground cover/treatment. No fencing will be permitted within the required landscape buffers. Also, no evergreen trees will be permitted within the clear vision triangle areas at the intersections of public roads and driveways. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 2.13 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Malce any corrections necessary to conform. 2.14 Cpordinate fire hydrant placement with the City of Meridian Public Works Department. 2.15 Provide five-foot-wide sidewalks in accordance with City Ordinance 12- 5-2.I~. 2.16 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.17 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped shall be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 2.18 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.19 Two-hundred-fifty and one-hundred watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 7 • • 2.20 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.21 Developer shall enter into an agreement with the homeowner's association to specifically address pipe sizing, designing a "looped" system, increasing pumping capacity, and other concerns of the P.I. system addressed in Harmon Avera's October 5, 20001etter to the City Council. N~ By action of-the City Council at its regular meeting held on the 2 day of Git~wc- , 2001. ROLL CALL COUNCILMAN ANDERSON VOTED_~~~~- COUNCILMAN BIRD VOTED__~~~`L COUNCILWOMAN deWEERD VOTED_~ COUNCILWOMAN McCANDLESS VOTED__Z~~~~- ~~ ~ -al _ MAYOR ROBERT D. C E (TIE BREAKER) VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. `~1~~ ~1+.++cirrrrt:~r~,,r~r '~ ,Par;°q~~ ~'$' ~~`~>=,~ By; Dated: ~ ~~~'~ i ity Clerlc `'' ~~ _ msg/Z:\Worlc\M\Meridian\Meridian 15360M\MeridianGreens4 PP019\FfClsOrd.PP ~., ~~ ~„ v. k,~. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SCOTT-FULLER INVESTMENTS / GLENCO, FOR MERIDIAN GREENS NO. 4 SUBDIVISION / (PP-00-019) - 8 • • BEFORE THE MERIDIAN CITY COUNCIL C/C 12/19/00 IN THE MATTER OF THE APPLICATION OF GEMTONE, INC., FOR A VARIANCE ALLOWING A SIX (6) MONTH TIME EXTENSION ON THE PRELIMINARY PLAT FOR WEST OF EAGLE ROAD AND SOUTH OF FAIRVIEW AVENUE, MERIDIAN, IDAHO VAR-00-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on December 19, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Beclcy Bowcutt, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE; INC. / VAR-00-022 • • Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Gemtone, Inc., whose address is PO Box 2727, Boise, Idaho 83701. 4. The owners of the property are Gemtone, Inc., whose address is PO Box 2727, Boise, Idaho 83701. 5. The location of the subject property is presently located in a Light Industrial (I-L) zone, and which subject property is located west of Eagle Road and south of Fairview Avenue, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, which is on file .in the City Clerk's Office. 7. The present land use of the subject property is presently zoned as Light Industrial (I-L); and which subject property is presently vacant. 8. The proposed land use of the subject property is to develop the subject property in the following manner: A commercial/office/industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022. • ~ 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the I-L zone, provides as follows: 12-3-6 A. and B. APPROVAL PERIOD: A. Failure to Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a, single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the City Clerk. 12. The applicant was granted a time extension for a period of six (6) months. The six (6) month time frame was inadequate, due to problems with storm drainage and an issue of discharge. The applicant's engineer has been delayed solving the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 • • problems associated with this project. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement of the six (6) month extension and allow an additional six (6) month extension. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that due to the fact the applicant did not have enough time to obtain the necessary government approvals. The applicant believes that the additional six (6) month time extension would allow finalization of the project. The request does not involve any reduction in minimum requirements. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are the same as number 14 above. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the applicant would then be required to resubmit a preliminary plat. If this were the case, it would delay the completion of the project and the construction of the extension of Pine Street. Council has determined that the extension of Pine Street is a priority. 17. The existence of special circumstances or conditions affecting the property is that a six (6) month time extension was granted, and the Ordinance allows FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 • • up to twelve (12) months. The applicant's engineer requires additional time to resolve the design problems. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The purpose of the I-L .Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 20. The variance would allow the applicant's engineer the required additional time to resolve the design problems. 21. The granting of the requested variance will not be detrimental to the public's welfare. or injurious to other property in the area of the proposed plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY'PLAT / BY: GEMTONE, INC.. / VAR-00-022 • • 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 • • Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-3-6 A. and B., APPROVAL PERIOD, and in the I-L zone provides as follows: 12-3-6 A. and B. APPROVAL PERIOD: A. Failure to Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 • • exceed one year from the end of the said one year period. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the six (6) month time extension to allow for an additional six (6) month time extension to complete the preliminary plat for this I-L zone west of Eagle Road and South of Fairview Avenue, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the APPROVAL PERIOD Requirements in the I-L Zone as provided in the Section 12-3-6 A. and B. and may within twenty- eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 • By action of the City Council at its regular meeting held on the ~~~`'~~~' , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS ~~ Z day of VOTED__~~~r'L VOTED__~~~ VOTED__~~~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~2 ~-~/ MOTION: APPROV DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department, and the City Attorney office. ~ ~ ~,~ ~ t City Clerk ,~\~~i~~ ~ rtrrai~i r :.~~ ~'~ ~O Dated: ' 2'®~ ~,~~ ~, .,'jT 1ST _ , msg/Z:\Work\M\Meridian\Meridian 15360M\Gemtone Center No. 4 VAR\FfClsGrantVariance ~~~e ~3" ~°~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE FOR PRELIMINARY PLAT / BY: GEMTONE, INC. / VAR-00-022 ~ • ~.. ~~-~' ~ „ ^ `~ PIE ASANT VALLEY SUBDIVISION ~ t " g ^ N !O - n 8' z _ .,~z N 00'30'J3" E 125.08' _ N 00']0']7" E 743.4}' - / !69.08 N ar]0'SS" ' ~ 8 ~ - 1 r I I n E ]54.08 rJ N g l j 1 ~ ~ I \ I I! ~ I Z ~ 2 I N 0071'17' E I I \ m IV 11 ~ I y ~ ~ !54.08' I ~ D I ~ I i I = ~ II I ~~ m I m ~ 8 u ~ 1 I o h m ° ~ ~1" l 1 !"I I ~ z i I ~ -O, °~ g N 0071'12" E I I '^ Nl~n r i I ~ I i'i',JN ~ 354.08' I '~ I I I I - I Z I° m 8 • ~ ~ ~ I DI r, u I \ 1 z N 0071'12" E I ( I ~I Z 1 N 4 ~ Q "_ ,1 I I I U 354.08' ,,, m l' g 7 S 9 z : o I u v e ~ I ~ I d U I o. 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I Rbi i - I 6=n ~ i = ~ ` ~ 4 (~ \ '` o it.°' S;>m mo- cF~^ r~~ic~~~is - -O Coo °~~ A NORTH EACLE ROAD m _ s~. o°- Qo-_ -- "~a~3-.~e~'o~ -E - _- o ~ " - o ' ° - ° - - _ •~O D~o_ ___ _ 0oo_~^w ~~ -_ __ _ 03 _ n =~o ` " o Z - oo~"o -ono °~3 ~° ~~3~"o ,r_ _-"~so ~ - -- -- - _ 'y [ v ( ~ - p~i u - - ° _ __ ~i^Z _-`_.4 -o t" 3"°x'6.24°"' " "3 ~ :3'.;nE°o'Sg- ,'30~; os'.cc = oG) o = 17 3 u _ _ _ _ _ _ 2 ~ - S ~ _ 6 =a _ _ _ ~• '•°'°z -" ova ~ Q3° ~Ng~ _- - ;"- ~~,nM-- - ~a~ _ T~~ o ~ z ~- ~ - oo r;o "~a o -" - - ~ - : 3 - ~ ~ c 3 ° " ° 3 m - ~s Z n .u3 04 _ -8: 2u c~_- .~ - - n ~ ~ _ ;h ~ ~I ~ r*I m 6 ~ ~O '~ N • • BEFORE THE MERIDIAN CITY COUNCIL C/C 12-19-00 IN THE MATTER OF THE APPLICATION OF VALLEY SHEPHERD NAZARENE CHURCH, THE APPLICATION FOR ANNEXATION AND ZONING OF 34.84 ACRES FOR A CHURCH AND VACANT LAND, LOCATED ON THE WEST SIDE OF MERIDIAN ROAD BETWEEN OVERLAND ROAD AND VICTORY ROAD, MERIDIAN, IDAHO Case No. AZ-00-018 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 inn December 19, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jim Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • in this matter therefore makes 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 December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions prt~viding services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by a vacant parcel in Ada County and by Elk Run SL Bear Creek Subdivisions zoned R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creelc Subdivision zoned R-4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • ~ 11. 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 defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 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 governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) wxitten confirmation of said approval submitted to the Public Works Department. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 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. 16.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.11 Buffering of adjacent properties shall be reviewed during the conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunlc which shall be constructed in the future through Bear Creelc Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creelc developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunlc along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from arty existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 16.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 16.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) • 16.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 16.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this. parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 16.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunlc Line. The westerly portion can not be developed until the Black Cat Trunlc Sewer is extended to serve the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) • • will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It ;is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) • • requirements 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 residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 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 Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 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 ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision. Sanitary sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • CONCLUSIONS OF LAW • 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the' City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • the Zoning Ordinance at § 11-7-2 D as follows: ~R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 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 Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) ~ • 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of .the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, WHEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 34.84 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) • • 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) • • be contained and disposed of on-site. 3.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 3.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunlc which shall be constructed iri the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Ellc Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creelc project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) ~ • 3.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from ar~y existing or proposed driveways or roadways on Meridian Road. 3.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 3.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 3.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunlc Line. The westerly portion can not be developed until the Black Cat Trunlc Sewer is extended to serve the property. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall .prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be ,adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) • • the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~~ day of C(~n-c~t..c~- , ROLL CALL ~o©~ COUNCILMAN RON ANDERSON VOTED_~~~c.. COUNCILMAN KEITH BIRD VOTED__~~~- COUNCILWOMAN TAMMY deWEERD VOTED_ ~y~~ COUNCILWOMAN CHERIE McCANDLESS VOTED_ I~~e~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~-~ ~ ' ~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. B Dated: ~' ity Clerk msg/Z:\Work\M\Meridian\Nleridian 15360M\NazareneChurchAZ018\AZFfClsorder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) z -off ~~~ . `w ~ -. ~ ~~~~ :~ ~ ~~p~' ~~~Jrg,.. ~Pa~'~ 8 • s BEFORE THE MERIDIAN CITY COUNCIL C/C 01-02-01 IN THE MATTER OF THE APPLICATION OF ) PRIMELAND DEVELOPMENT CO., LLP, FOR ) APPROVAL OF FINAL PLAT FOR 3 BUILDING ) LOTS AND 5 OTHER LOTS ON 3.84 ACRES IN AN) R-4 ZONE FOR PRIMELAND SUBDIVISION, ) LOCATED NORTH OF USTICI~ ROAD AND EAST ) OF TEN MILE ROAD, MERIDIAN, IDAHO ) CASE NO. FP-00-024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on January 2, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 11 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 takes the following action: Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP-00-024) Page 1 of 4 • IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PRIMELAND SUBDIVISION" as evidenced in Plat bearing the file name: "PLAT OF PRIMELAND SUBDIVISION, A PORTION OF THE SOUTH '/z OF SECTION 35 T.4N., R.1W., B.M. ADA COUNTY, IDAHO 2000, SHEET 1 OF 2, STAMPED DATE OF NOV O1 2000, #0601 \0601- PLT.DWG BIB 10/26/00, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, AND PRIEMELAND DEVELOPMENT CO., LLP, DEVELOPER," is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 28, 2000, listing 11 General Comments and 18 Site Specific Comments, and additionally attached is the comment letter from Beclcy Bowcutt dated December 29, 2000, both are true and correct copies of which are attached hereto marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Per the City Council action at their January 2, 2001, meeting the Staff comments dated December 28, 2000, shall be changed in the Site Specific Comments at number 4 and number 12 as follows, and which are addressed in Beclcy Bowcutt's letter of Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP-00-024) Page 2 of 4 f • December 29, 2000: The following language shall be added to Site Specific Comment #4 as follows: "The applicant wants the record to reflect that he intends to utilize the property as L-O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development will be required for the office use." At Site Specific Comment # 12 it shall read as follows: "The applicant will obtain a License Agreement from Nampa-Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of-way. The applicant can obtain a consent letter from the Bureau of Reclamation. 1.2 Denny Bowers, Meridian Fire Chief, requires that all codes, water supply, hydrants and fire sprinkler systems shall be met. All common lots shall be kept clear of trash and weeds. 2. The final plat upon which there is contained the Certification and signature of the City Clerlc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP-00-024) Page 3 of 4 • By action of the City Council at its regular meeting held on the 2N~ day of cJu~~-~ , 2001. By: Rob D. Corrie Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. c Date: By: City Clerlc ~~ 2'~C Z:\Work\M\Meridian\Meridian 15360M\Primeland Sub FP024\PrimelandSubOrderFP024 Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP-00-024) *1~~~~~,~~t,~i~~r~f r»t y,f~~ ALA ^`~ ~!` ~~ . "! ,rA .~~ f w ~ ~a Rrx~ri~~~ ;, .y .~ ~, q ~~ ~ 'yi ""~ ,~. ~~ s ~~~~~jl/~83 ti~a 5~~11~~1~~~~~,A~~ Page 4 of 4 HUB OF TREASURE VALLEY MAYOR ~~ A Good Place to Live • r-EG.ar-DEPaRTMErrr (208) 288-2499 • Fax 288-2501 Robert D. Currie CITY OF MERIDIAl~ PUBIdC WORKS CrfY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson yy T F, (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDA)~ 1j E 1.~ +•~~ PLANNING AND ZOI~iING (208) 888-4433 • FAX (20~ ` DEPARTMENT Tammy deWeerd City Cleric t)ffce Fax (20 218 Cherie McCandless pEp 2 8 2000 (208) 884-5533 • FAX 88s~854 MEMORANDUM: CITY O ERK OFDFI~CE December 28, 2000 CITY To: Mayor & City Council istant to C' E inee~c~ From: Bruce Freckleton, Ass ri3' ng Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Primeland Subdivision - 3Single-family Building Lots on 3.84 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (Fde# FP-00-02 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property included- in this developmen is located on the north side of Ustick Road, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. Five Mile Creek borders the subdivision on the north. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. Five Ivfile Creek is designated as a multiple-use pathway in the Comprehensive Plan. SURROUNDING PROPERTIES The surrounding uses are as follows: North -Agricultural, zoned RT (Ada Co.) South - Asingle-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East -Agricultural and single-family homes, zoned RT (Ada Co.)az~l was a roved at one West -Single-family home on 4.2 acres, zoned R4 in Meridian (p pP time as Bramble Wood Subdivision) SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup source. Applicant has indicated the Cresson Lateral will be used as the primary source, with Five MI~e Creek providing the backup source of water. FP-00-025 Bridgetower Sub. No. l 6~(t;6•'f "I~'' ~ o G Mayor and Council ~' December 28, 2000 Page 2 are to be in place, water system shad be approved and activated, pressurized 3. Street signs a lots constructed, fencing installed, and road irrigation system approved and activated, drainag for building permits. All base approved by the Ada County Highway D~stnct Prior to applying certificates of rovements shall be installed and approved prior to obtaining development imp occupancy A letter of credit or cash surety in the amount of 110% will o s ~ t~ixre on the fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., p ~ final plat. 4, please add or revise the following notes: 12 The minimum residential house size for this development is 1,400 square feet, exclusive ~ ~ of garages. $. Change the year of pl~~ to 2001 and add "Meridian" to the situate statement. 6. Sanitary sewer and water service to this site shall be via extensio nsiblemto constru~th installed adjacent to the proposed subdivision. Applicant will be respo sewer and water mains to and through this proposed. development~t• Ssbdi~ moanhvles arer to coordinate magi sizing and routing with the Public Works Departm be provided to keep the sewer lines on the south and west sides of the centerline. 7. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant ation system within this development is to be has not indicated whether the pressurized img ation District. If the owned and maintained by an association or the~Na ~a ~M~ ~~ g the irrigation system system is being proposed as a private system, p )~ review shall be reviewed by the Public Works Department as Part of the development p process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval 8. The soils investigation report submitted with tbe application indicates that groundwater was encountered at some fairly shallow depths within the Project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the ound water elevation. This is an effort to ensure that the building footings established nonaial gr are at least one foot above the high groundwater. hcant shall be required to construct °PeII-pion fencing or four- 9. As a condition of the plat, App ~ athwaYs (~~~ adjacent to Five foot-high solid fencing (max.) along both sides of anY P Mile Creek). The developer shall place a deed restriction n theeresidential lot highercthan fog pathways to prohibit the construction of any solid fencmg o feet on the sides adjacent to the pedestrjan walkway lot. 10. Add the Right to Farm note to the plat due to adjacent agricultural uses. 11. As the Bureau of Reclamation (BOR} owns the Five Mile right-of--way in fee simple and the Fr.oo.oxa ~~ s~t~o° f ~~ ~~ ~ M~ a ~ ~~ Mayor and Council ~~ December 28, 2000 Page 3 future pathway location will beoff--site from this subdivisito~nwaye•~r reements with the involved), staff requests that the Applicant coordu~al p Meridiaa Parks Director. A licant is to obtain easements for sewer, water and bridge crossing within the Five Mile 12. PP on the final plat. Creek right-of--way where N. Towerbridge will cross prior to signature 13. Show centerline and width ofright-of--way for Five Nfile Creek on the plat. 4. The subdivision boundary dimensions do not equal the sum of distances shown on the plat. 1 Please correct. 15. Complete the Certificate of Owners and accompanY~ Acknowledgment. The ~~~ p~ submitted with the final plat application needs additional detail for review. l6. ecies of trees, shrubs, berming/swale details, and ~ The plan must include sizes and sp ro sed ground cover/treatment. Fencing locations and details are not adequately depicted~t e P Po royal. No fencing determine compliance with conditions of app sure in the amof 1l0°/ will be required landscape buffers. A letter of credit or cash tY sewer, water, etc., prior to required for all fencing, landscaping, Pressurized urrgation, sanitary for building shall be installed prior to applying signature on the Final Plat. Perimeter fencing ~ ~cordance with ~ conditions of permits. Please submit revised plan to incorporate fencing approval All landscaping >s to be complete prior to obtaining Certificates of Occupancy. An subdivision signage shall be located outside of the 40'x40' sight mangle or be less than 17. Y three feet high. roved preliminary plat, rovisions or terms of the app Iicant of responsibility lg. Staffs failure to cite sP~a ~ lopm nt agreement does not relieve A p • conditional use Permit for compliance. GENERAL gEQUIREMENTS waterways, intersecting, crossing 1 • All irrigation ditches, laterals or canals, exclusive of natural r C• Ordinance ad scent and contiguous to the area being subdivided shall be tiled ~ ~ district, or or lying j roved by the appropriate irrigation/drau~ag 12-4-13 Plans will need to be app royal submitted to the Public lateral users association, with written confirmation of said aPP Works Department. tic stems within this project will have to be removed 2, Any existing domestic wells and/or sep sY from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells ~Y be uSe ses such as landscape irrigation. for non-domestic purpo ressure sodium streetlights will be required at 3, Two-hundred-fifty- and 100-watt, -P is shall be installed at locations designated by the Public Works Department. ~ streetligh Fr-oo.o2a ~~ Mayor and Council ~ i December 28, 2000 Page 4 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make airy corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewallcs are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 10. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. 11. Please reply in writing to these comments by 12:00 noon on Friday, 12-29-00. ~-oo-oza PrimelandSabdivision ~/~!`.~ ~ ~~~ M~ ~~ ~ ~~ 1, ,~ ~` s~c~r sswctnl ~uu~xiNS s~ncES !1283 W. Hickory Dale Boise, Idaho 63713 December 29, 2000 City of Meridian Attn: Shari Stiles, Bruce Freckleton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Primeland Subdivision (Responses to staff comments on the final plat) SITE SPECIFIC COMMENTS: I . The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. REcE~D DEC 2 9 2000 CIS' a~ NLEItIDIAAd 4. The applicant will add this statement The applicant wants the record to reflect that he intends to utilize the property as IrO in the future. The applicant understands that s rezone or adoption of anew Planned Unit Development Ordinance will be required for the office use. 5. The applicant will revise the plat accordingly. 6. The applicant will comply. 7. The applicant will comply. The applicant will not transfer ownership of the pressure irrigation system to Nampa-Meridian ]rrigation District. 8. The applicant's engineer will provide the required documentation. 9. The applicant will comply. The applicant intends to construct a (4) foot solid fence with a (2) lattice top. We believe this type of fencing will allow some privacy yet preserve visibility for safety purposes. 0. The applicant will add this statement to the plat. 11. The applicant will comply. 12. The applicant will obtain a License Agreement from Nampa-Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of--way. The applicant can obtain a consent letter from the Bureau of Reclamation. However, I do not believe the Bureau of Reclamation dedicates right-of--way or grants easements. This assumption is based upon my conversations with John Caywood, representative for the Bureau. E~cli,b;~ "i9" S'o~'G n~c z9 '0e 09~s~ °p~° ~~ r .., 13. The plat will be revised a dingly. 14. The plat will be revised accordingly: 15. The applicant will comply. 16. The applicant will Gave the landscape architect provide the additional information requested. 17. The applicant will comply. 18. The applicant understands. GENERAL REQUIItE1V!(ENT'S: 1, Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant will comply. The applicant may utilise an existing well located in the park azea as a secondary source for pressure irrigation. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. ] 0. The applicant will comply. 11. The applicant will comply. EkA,b.Y i9" i oCi C` BEFORE THE MERIDIAN CITY COUNCIL C/C 01-02-O1 IN THE MATTER OF THE APPLICATION OF ) PINNACLE ENGINEERS, INC., AND OWNED BY ) BOND AND SHELLI CAMPBELL, FOR APPROVAL ) OF FINAL PLAT OF 12 BUILDING LOTS AND 2 ) OTHER LOTS ON 5.97 ACRES IN AN R-3 ZONE ) FOR THE HOLLOWS SUBDIVISION, LOCATED ) ON THE NORTH SIDE OF USTICI~ ROAD '/z ) MILE EAST OF MERIDIAN ROAD, MERIDIAN, ) IDAHO ) CASE NO. FP-00-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on January 2, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 10 General Comments and 17 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, commented at the hearing, and Clint Boyle from Pinnacle Engineers, Inc. appeared and testified, and the Council having Order Of Conditional Approval Of Final Plat The Hollows Subdivision (FP-00-022) Page 1 of 4 • • considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "THE HOLLOWS SUBDIVISION" as evidenced in Plat bearing the file name: "PLAT SHOWING THE HOLLOWS SUBDIVISION, A PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2000, DRAWING NO. 0006076_FP.DWG, SHEET 1 OF 2, PINNACLE ENGINEERS, INC.", Bond and Shelli Campbell, Developers, are conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 28, 2000, listing 10 General Comments and 17 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Per the City Council's action at their January 2, 2001, meeting regarding the Staff conditions of the Site Specific Comments, on page 2 at 7., the first sentence shall be eliminated. Order Of Conditional Approval Of Final Plat The Hollows Subdivision (FP-00-022) Page 2 of 4 • • Additionally, in the General Comments on page 3 at 6., it shall read as follows: 6. "Sewer and water mains shall be extended to and through the proposed development or as approved by the Public Works Department." 1.2 Nampa & Meridian Irrigation District, .noted that if all storm drainage was retained on site that the project would not impact the District. 1.3 Central District Health Department requires written approval from the appropriate entities to approve the central sewage and central water. Additionally, submittal and approval of the central sewage and central water plans by the Idaho Department of Health & Welfare, Division of Environmental Quality is required. Run-off is not to create a mosquito breeding problem. Storm water shall be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Engineers and architects shall obtain current best management practices for storm water disposal and design a storm water management system that would prevent groundwater and surface water degradation. Manuals for guidance are: 1.3.1 State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 1.2 The final plat upon which there is contained the Certification and signature of the City Clerlc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The Plat dimensions are approved by the City Engineer; and Order Of Conditional Approval Of Final Plat The Hollows Subdivision (FP-00-022) Page 3 of 4 • • 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the ~N~ day of , 2001. By: Ro rt . Corrie Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: i;~~ ~~'~%L- Date: City Clerk Z:\Worlc\M\Meridian\Meridian 15360M\Hollows Sub FP022\HollowsORDERFP022 Order Of Conditional Approval Of Final Plat The Hollows Subdivision (FP-00-022) =~ -~ SSS1tt1I1/F-1f!l1j~` T~. ~' S ~ ~ !4 EGG' c3~~ :`i r~ Page 4 of 4 HUB OF TREASURE VALLEY MAYOR rie C D A Good Place to Live N ~~, DEPARTMENT (208) 288_2499 • Fax 288-2501 o~ . Robert C y pF MERIDIA PUBLIC WORKS CTI•y COUNCn. MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 RO1i4n~O1 IDAHO 83642 ~RIDIAN Keith Bird , (208) 888-4433 • FAX (208) 8 CANNING AND ZONING ~ E Tammy deWeerd City Clerk Office Fax (208) c E IV j~8> 884- 533 • FAX 888-6854 cCandless Chene M DEC 2 8 2000 MEMORANDUM: December 26, 2000 CITY OF MERIDIAN CITY CLERK OFFICE To: Mayor & City Council o C' E eerc~ From: Bruce Freckleton, ASSlstant t Ity ngm Shari Stiles, Planning & Zoning Admlmstrator Re: Request for a Final Plat Approval of~ The Hollows Subdivision - 12 Single-family Building Lots on 5.97 Acres in an R-3 Zone by Pinnacle Engineers, Inc. (File# FP-00- 022 We have reviewed this submittal and offer the following co pments,mas~ ~ d or deletedtby applicant. These conditions shall be considered in full, unless eg ressly motion of the Meridian City Council: LOC_ ATION The property is generally located on the north side of Ustick Road approximately one-quarter mile west of Locust Grove Road. It is designated as Single-family Residential in the Comprehensive Plan. SURROUNDING PROPERTIES North -Vacant Pasture, zoned RT in Ada County. South -Granite Creek Subdivision, zoned R-8 in Meridian. East - Proposed "Wanda's Meadow Subdivision", zoned R-4 in Meridian. West - Patrick Subdivision, zoned Rl in Ada County. to the east was annexed and zoned R-4 (3/12/2000); the final plat for "Wanda's Meadow The property Subdivision" is also scheduled to be before the City Council on 3anuary 2, 2001 SITE SPECIFIC COMMENTS 1, Applicant is to meet all terms of the approved prelinninary plat• 2, Applicant has received a variance from the pressurized irrigation requirement. If a well or surface source is not available and the variance water seed went fees for the common area, developer shall be responsible for payment of which payment will be required Prior to city signatures on the final plat map. em shall be approved and activated, pressurized 3. Street signs are to be in place, water ~ e lots constructed, fencing installed, and road irrigation system approved and activated, drainag base approved by the Ada County High~y Dlstrlct Prior to applying for building pernuts• `~ development improvements shall be installed and approved Prior to obtaining certificates of FP.oo-ou The Hollows Subdivisioi- ~~ Mayor and Council December 26, 2000 Page 2 occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Please add or revise the following notes: Delete Notes S and 6 in their entirety, as they apply to County subdivisions. 5. The Professional Land Surveyor needs to stamp, sign and date the face of the plat. 6. Change the year of platting to 2001. 7. - - ' ~' Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes, are to be provided to keep the sewer lines on the south and west sides of the centerline. Due to the shallow depth of the sewer, natural,ground to top of pipe, ASTM 2241-SDR 21 Class 200 pressure pipe will be required for all sewer in Boulder Creek Avenue. 8. Water service to this site will be via an eight-inch diameter extension from an existing 12-inch diameter main in Ustick Road, as well as an eight-inch diameter connection to the proposed "Wanda's Meadow 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. 9. A 20-foot wide minimum landscape buffer, beyond the required ACRD right-of--way along Ustick Road, must be constructed by the developer as a condition of the plat. The buffer should contain, at a minunum, one tree per 35 lineal feet along Ustick Road. Fencing shall not encroach upon this buffer. 10. The landscape plan submitted with the final plat application did not include fencing details. Please submit revised plan to incorporate fencing. Six foot-high, pernlanent perimeter fencing is to be installed prior to applying for building permits. Revise the landscape plan to show the Bristle Cone Pines at a minimum of 6' tall at planting or the Redbuds at a minimum of 2" caliper at planting to meet ordinance requirements. At such time as East Summerfalls Street is extended, the six-foot-high fence will need to be removed and be reconstructed to no greater than three feet high within 20 feet of the road right-of--way. A letter of credit or cash surety will be required for the landscaping and fencing improvements prior to City signature on the. Final Plat. All landscaping is to be complete prior to obtaining Certificates of Occupancy. 11. Any subdivision signage shall be located outside of the 40'x40' sight triangle. >:e.oo-oz2 Tha Hollows Subdivision +~ Mayor and Council December 26, 2000 Page 3 • 12. The location of the East Summerfalls Street stub is 3.13 feet further south than the roadway ,right-of--way as shown on the adjacent Wanda's Meadow Subdivision. Coordinate right-of--way locations as necessary to avoid an offset of the right-of--way. 13. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing house that is located within this development. 14. Add Right to Farm note due to adjacent agricultural uses. 15. Clarify the first line following the REAL POINT OF BEGINNING in the legal description of the Certificate of Owners. 16. Existing structures on Lots 3 and 4, Block 1, must be removed prior to applying for building permits. All non-conforming use of the property (i.e., contractor's yazd) shall be discontinued prior to applying for building permits. 17. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibitfty for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirn>ation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all Iots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. FP-00-022 The Hollows Subdivision ~, ~~ ~ N ~ 0~~ Mayor and Council • December 26, 2000 Page 4 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 10. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. r~-oo~o2z Tho Hollows subdivision ~~ ~x~;b..~ ,.~,, y • BEFORE THE MERIDIAN CITY COUNCIL C/C 01-02-01 IN THE MATTER OF THE APPLICATION OF ) ROBERT R. GLENN, FOR APPROVAL OF FINAL ) PLAT FOR 26 SINGLE-FAMILY BUILDING LOTS ) ON 7.99 ACRES FOR WANDA'S MEADOW ) SUBDIVISION, LOCATED ON THE NORTH ) SIDE OF USTICI~ ROAD APPROXIMATELY j ONE-QUARTER MILE WEST OF LOCUST ) GROVE ROAD, MERIDIAN, IDAHO ) CASE NO. FP-00-023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on January 2, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listed 11 General Comments and 16 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 takes the following action: Order Of Conditional Approval Of Final Plat Wanda's Meadow Subdivision (FP-00-023) Page 1 of 3 • • IT IS HEREBY ORDERED THAT: 1. The revised Final Plat of WANDA'S MEADOW SUBDIVISION" as evidenced in Plat bearing the file name: "PLAT OF WANDA'S MEADOW SUBDIVISION, SITUATED IN THE SE 1/4, SECTION 31, T.4N., R.lE., B.M., MERIDIAN, IDAHO, ADA COUNTY, IDAHO 2000, PROJECT NO. 2151, SHEET 1 OF 2, HAND WRITTEN DATE OF 10/19/2000, TEALEY'S LAND SURVEYING," Robert Glenn, Developer, is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 26, 2000, listing 11 General Comments and 16 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: a. Denny Bowers, Meridian Fire Chief, requires that there shall be no parking of vehicles, equipment or trailers in the cul-de-sac. A temporary turn-around shall be constructed on E. Summer Falls. 2. The final plat upon which there is contained the Certification and signature of the City Clerlc and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and Order Of Conditional Approval Of Final Plat Wanda's Meadow Subdivision (FP-00-023) Page 2 of 3 • • b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the 2 N~ day of /2G~ , 2001. By: ` Rob D. Corrie Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk C:\My Documents\FP2001\Wanda Meadow FP023 Date: ~'~ '~r ``\`r~~t~~ n n rrrr~r~r~I~ ~~~ 9 Cyr ~_ ' 'P ,: ,~~ ;~, ~~. .~f~J"„ :. '."i':x1~r Order Of Conditional Approval Of Final Plat Wanda's Meadow Subdivision (FP-00-023) Page 3 of HUB OF TREASURE VALLEY • MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Cowie CITY O F MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT Ron ~ -2211 • Fax 887-1297 ( Kehl, Bard MERIDIAN, IDAHO 83642RE C E I V Tammy deWeerd (208) 888-4433 • FAX (208) 887-4813 G AND ZONING City Clerk Offioe Fax (208) 888-4218 PARTMENT Cherie McCandless DEC 2 8 Zpp~08) 884-5533 • FAX 888-6854 MEMORANDUM: CITY OF MERIDIAN C ITY C L E R K O Fiber 26, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineek~ Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Wanda's Meadow Subdivision - 26 Single-family Building Lots on 7.99 Acres in an R 4 Zone by Robert Glenn (File# FP-00-0231 We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modi5ed or deleted by motion of the Meridian City Coancil: LOCATION The property is generally located on the north side of Ustick Road approximately one-quarter mile West of Locust Grove Road. It is designated as Single-family Residerrtial in the Comprehensive Plan. SURROUNDING PROPERTIES North -Vacant Pasture, zoned RT in Ada County. South -Howell Tract Subdivision (Pheasant Pointe), zoned R-8 in Meridian. East - Along, narrow rural residential property, zoned RT in Ada. County. West - A rural residence and two barns, currently zoned R3 in Meridian. The property to the west was previously annexed and zoned R-3, and has received preliminary plat approval for a development known as The Hollows Subdivision. SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat. 2. Applicant is applying for a variance from the pressurized, irrigation requirement. If a well or surface source is not available and the variance is approved for connectioni to city water, the developer shall be responsible for payment of water assessment fees for the common area will be required prior to city signatures on the final plat map. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed,, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of FP-oo-os3 ~] We~a's Meadow subdivision ~~ %,~' ~ ~/ I ~~ ~ Q ^ Mayor and Council December 26, 2000 Page 2 occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Please add or revise the. following notes: (8.) ...highest kae~-sease~ established normal groundwater elevation. 5. Change the year of platting to 2001. 6. Add bearing information of record to the right-of--way at the southeast corner of the development. 7. Sanitary sewer service to this site is proposed via extensions from an existing main in Ustick Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 8. Water service to this site will be via extensions from extensions of an existing main in Ustick Road. 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. 9. Provide lot closure information to verify minimum lot square footages of 8,000 square feet. 10. A 20-foot wide minimum landscape buffer, beyond the required ACRD right-of--way along Ustick Road, must be constructed by the developer as a condition of the plat. Adjust the plat to provide a minimum of 20 feet within Lot 1, Block 1. The buffer should contain, at a minimum, one tree per 35 lineal feet along Ustick Road. Fencing shall not encroach upon this buffer. Note 7 indicates that the landscape buffer is to remain free of all encroachments (including trees and fences) which may adversely affect drainage or operation and maintenance of the facility. The subdivision designer is to ensure that the design can accommodate the trees as shown on the landscape plan. 11. The landscaping and fencing plan submitted with the final plat ,application and dated October 2000 is approved, with the exception that the Chanticleer Pears adjacent to Ustick Road are to be a minimum of 2" caliper and one additional species should be incorporated into the plan. Staff recommends alternating the Austrian Pines, Chanticleer Pears and either the Crimean Linden or Queen Red Mapie along Ustick Road At such time as East Summerfalls Street and North Yellow Peak Avenue are extended, the six foot-high fence will need to be removed and be reconstructed to no greater than three feet high within ZO feet of the road right-of--way. A letter of credit or cash surety will be required for the landscaping and fencing improvements prior to City signature on the Final Plat. Fencing is to be constructed prior to applying for building permits. All landscaping is to be complete prior to obtaining Certificates of Occupancy. FP-00-023 Wanda's Meadow Subdivision ~~ / ~' ~ ~~ i~O /~' Mayor and Council December 26, 2000 Page 3 12. The subdivision sign shown on the landscaping and fencing plan is to be moved out of the 40'x40' sight triangle. 13. The location of the East Summerfalls Street stub is 3.13 feet further north than the roadway right-of--way as shown on the adjacent The Hollows Subdivision. Coordinate right-of--way locations as necessary to avoid an o$'set of the right-of--way. 14. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing house that is located within this development. 15. Add Right to Farm note due to adjacent dairy and agricultural uses. 16. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. j' GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the- appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs aze completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. S. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. FP-00-023 ~ //~ /, t ~ /~~j // .~ ~~ Wanda's Meadow Subdivision ~J[ p T ~J Mayor and Council December 26, 2000 Page ~ 8. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 9. Coordinate fire hydrant placement with the Ciiy of Meridian's Water Works Superintendent. 10. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 11. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. FP-00-023 Wanda's Meadow Sabdivisioa ~~~ `'~~`~ ~~ ~~ '~O~ • • December 29, 2000 MERIDIAN CITY COUNCIL MEETING January 2, 2001 APPLICANT Fire Chief -Ken Bowers ITEM NO. 1-8-1 REQUEST Appraisal for Ten Mile Fire Station Property AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POSt OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS wP Date: Phone: Materials presented at pubNc meetings shall become property of the Cffy of Meridian. • • December 29, 2000 Beer and Wine Renewal MERIDIAN CITY COUNCIL MEETING January 2, 2001 APPLICANT Chinatown Quik-Wok Restaurant ITEM NO. K REQUEST Beer and Wine Renewal for 2001 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ ~~ MERIDIAN SCHOOL DISTRICT: ~~ MERIDIAN POST OFfICE: ADA COUNTY HIGHWAY DISTRICT: ~j SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: ~ `~ NAMPA MERIDIAN IRRIGATION: ~ ~ (~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: l~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~~` ~~~~. OTHER: ~j Contacted: Date: ~ `~1 ~"~ Ph©ne: Materials presented at publk meetings :haU become property of the City of Meridian. HUB OF TREASURE VALLEY • MAYOR A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tamm deWeerd y City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 APPLICATION FOR BEER /WINE /LIQUOR LICENSE RENEWAL YEAR RENEWAL 2001 TOTAL SUM OF $ IMIE HEREBY APPLY FOR RENEWAL OF 0 ~~- ~ ENCLOSED BEER BY BOTTLE ONLY ($50.00) BEER BY BOTTLE/DRAFT (200.00) ~~ WINE BY BOTTLE/DRINK ($200.00) LIQUOR BY THE DRINK ($562.50) ~G13G71-to GfJ©,v6 OWNER INFORMATION Name ~~~%~ ~-Z°c~ N~ S Q u i I c - W b l~ lZ ~S T~d~L~t-~v1 ~ Z/u ~ Address 3oSS ~. FA:/Z v~~G<J AvP l S~ %~e ~ z° ° Phone `dig - ~ ~? 3 SS# SI g - 7 ° ~ ~ 3 ? ~ Date of Birth f L ~ z z - S ~ Place of Birth ~,a ~a`~i~~;State~ k ~`~'~'~ DL# ~ g I S 2l B" ~ SC State ~~ Expires 1 z z z a Z. Height ~ ~ ~'« Weight ~6° !b Eyes ~~"'~ Hair ~~.¢ci~ IF MORE THAN ONE OWNER, LIST ABOVE INFORMATION ON A SEPARATE SHEET. BUSINESS INFORMATION Name of Business Q~ %!~-~v~lc e~St~'n~l~ne `~ ~ g ` 3 ~ ~ 3 Mailing Address of Business ?ASS L ~ Fi4~7zv~~-~ ifye , 50; {-~ ~ z~ Location of Premises SA-~tG ~5 /~ 73©yc n~ ~t.¢.~ I/We hereby certify that there have been no changes in the above named business, ownership, directors, stockholders or partners during the past licensed year and that the information above i e and Corr ct. Applicant Date j Z - Z~ '- ° ~ Subscribed and sworn to me this ~~~ day of ~~~~ ~ , 2000. ~'y~"~yOT~'f'` ` ~ a L No Pub c / ~ ! . • ~. • Residing a _Z ~ ,~ e~+~OF~p~. Commission Expires: ~~...~•• ~ o ~~~~ • Approval of Police Chief Full Name: • First Middle Vv Date of Birth: I ~ ' ~~' _~ ~ ss# ~ lg'~b --~?~~ ~ DL# and State: ~ ~J ~ ~/' ~ g ~ ~ ~ l d ~ 0 Police Chief Approval: Signature Date • • L V C O .~ L H O ~CL ~ C ~ ~ ~ ° ° O 0 o U (~ N s o ,~ U o L ~ x u ~ W ~ ~ w ~ U ~ d O~° ~ O ° w o ~. ° v .~ ~ ~ ~ A ,~ C '~ C ,w O ~ 'b ~ E- W 'N o \ i ~ '7" rr~~ p > F .~+ Q M a1 C ~ Mv~,l O ~ ; z b~0 V: Q w ,~ ~i ~ c o Z O v G ~° C u W O L s v' V ~ =n Fes- F- '~ >' o U a o °o, °o d ~` Z Z Q~ ._ " ~ o c vi T ~ ~ ~ y ~ ~ a ¢ .. ~ ~ ~ y ^' c~ cn L ' 'Q .. ~ w ~' cG `° ., ..~ 3 3 ~ 3 ~ ~ ~ > v s L j ~ a ~ ~ ~ c a s ~ w Q ~_ ° ., w ~ ~ w ~ ~ O O •o ° ~ ~ ~ w Q Q a R -o ~~ z z L ~ ~ ~ ~ ~" ev ~ U U .= a eca U Q ,.] W ~ Z F- E- Cn(]~3 W ~ 2 • • THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED B (~ ~ CV ~ u'1 m O z z t` ~ W O H Q '' ^^ V+ ~ O O a 33 W U ~ a HH ' /i V R i `~j J z o aa W ~ H z (!] U] Q ~ ~ o zza x H H O W r a ~ H H a n H m Q ~ ~ x~c~o UU~PO ` r J Q (n Z o ~ ~ B a ~ x t~ O O 2 3 ~ H O ~ ~ H x O cn a a ~ ~ `~ Q J Q ~ ~ H ~ O O H > W //~~ } LL Q U ~ H Li ~- W H _ vOi W z ~ U U o W H O ~ A ~ •, T N ~ W A • •, O ~ 0 m CJ m C7 ~. ~ O = ~ :~ N f " 1~ B 0 N ^ r-I s ~' m Q U ~j J ~y o a h .w n ~ U W LL LL W c E W 0 O d 0 B e ~ m m e Ul B B B B ~ B W . ~ ~ ~ ~ E9 Ef3 4f-} ffl ffl ffl W W g Y LL Y ~ C > C ~~ '% ~ •c O p p OD O a~ m ~ w t ~ ~ c ~ ~ F- ~, x ~ O >. >, m w ~ m m m Z ~ 0 C ~ Q ~ N N ~ m Y ~ ~ J 3SN3DIl SIH130 Fi33SNb'H1 d0 3lb'S FiOj 3aIS 3SFi3A3ki 33S • • ~~_.,........_..~..,. __ ..d..__m,.... _ _ ,,,~.,,.~,~- - .11562OOOOh090:~55r~tLt~2t:~ •11569100.11 - ----------- - -- - --- .~ , a ao~ lOLE8048P1'eeio6 ~~ O4ePl iBeM 8091 ~, ~rueB~saM u~elunoN/~~a 1 I, ~ 30 li30a0 ~r! ~ / ~ ~ 0 ~~ ~ 3H1 Ol ~O Abd Q~_ Z _ ~ 31tl0 t£Zl/S6lL-Z6 ~ 6L8Z-SOLES 41 '3S109 9Z9Z-Z4E-BOZ 'Hd 0`dOd ONt/1d3A0 8S8ti ~ 6 ~ T 'ONI `1N~/a(1t11S3a ~IOM-~IIf10 NMOlbNIH~ ;~ ~~~I a ~ I~ ~ O W ~ ~ ~ M ~ ~ ~~ ~w ~ -~ O o"' ~~ ;,a ~ 'C 4) V ~ -. ! ~ ~ N ~ m ~ . ~ - - - - - - - - ~ ~ ~ q q f~ m ~ ~ 0 ~ ~ a X Q ' o w ~ O V c o ¢ ~ ~ ~ 1 J ~ a ~ ~ r V ~ ~ N -L 1 ~~ a ,~ ~ ~ H U ~ N o ~, ~ ~ Z N o ` r 1 l 1111 W U U N . ~ ~ Q 2 ~ U H ~ m ^^ V\ Vi ~ ~ ~ ~ ~ II N > ~ ~ ~ ^ 'v , U ~ o m Cr m ~ 1 c ~' M \\ ~ 2 ~ Q y ~ T V ~ ~, ~ CV C N~ v E ~Z p L 0) ~ N d > m _ m V Q C fJl ~ C z v ~ a \ - Q U o ** TX CONFIRM REPORT *~ RS OF DEC 29 '(~:58 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 12129 16:57 208884507? MODE MINiSEC PGS CMD# STRTUS EC--S 01'38" 005 037 OK HUB OF TREASURE VALLEY MAYOR Robot D Corsie A GOOd PIeCC (0 Li VC LEGAL DEPARTMENT . CITY OF MERIDIAN (208) 288-2499 • Fax 2882501 CITY COUNCIL MEMBERS PUBLIC wpRres Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 836d2 1206) 667-2211 • Pax 887-1297 Tammy deWanl (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONQIG Cherie McCandless City Clerk Office Fax (20S) 886.421$ DEPARTMENT (206) BBa-5533 • Faz 688.6854 APPLICATION FOR BEER /WINE /LIQUOR LICENSE RENEWAL YEAR RENEWAL 2U01 TOTAL SUM OF $ ENCLOSED INVE HERESY APPLY FOR RENEWAL OF: BEER BY BOTTLE ONLY ($50.00) BEER BY BOTTLE/DRAFT {200.00) WINE BY BOTTLE/DRINK ($200.00) LIQUOR BY THE DRINK ($562.50) ~~o ~a,~ OWNER INFORMATION Name ~~~%~!¢Zoc.i,crl S Q u i 1~- W d lc (Z ~S 7~i4u>~~I-~-f Zw C Address ASS E. FA.;¢ v.EG/ /}v~ ~ S~ ; ~ #~ Zo 0 Phone Qe$ • ~ z~3 SS# SI ~ - 7 ~ - 7 3 7 6 Date of Birth__ l Z - z, 2 - C'b ~r3~A, so~+-~. ,q:y,~~~ S ~ Place of Birth ~~H~~State DL# ~ B i S ~l S 35E State ~~ Expires l2 z z o Z Height r (¢' ~~ Weight /d ° !6 Eyes ~~4'.r/ Hair $KA~G/~ IF MORE THAN ONE OWNER, LIST ABOVE INFORMATION ON A SEPARATE SHEET. BUSINESS INFORMATION ~ff~~7~~1~~'S Name of Business Qu 1!~-l.~ol~ p-e5ph'one_ gig - 33 7 '3 Mailing Address of Business ~S.S ~ . FA~~v~~ Aae , sue; {~ #~ y~ Location of Premises__SA-syt~ ~73oyc nEn%~~~~ I/We hereby certify that there have been no changes in the above named business, ownership, directors, stockholders or partners during the past licensed year and that the information above i e and Corr ct_ Applicant Da1ten ~ Z" ~~~2~'" °~ Subscribed and sworn to me this /~ 1d~L~l~~'~~iC~ `1 day of , 2000. .~~~ UG •. ~°~. ' T 0~~' ~ ~ ~, No Pub c / / s ~l w ~ ~''~ ~ °lam (~[ a ~ Residing a °o~,_ ~~_~o~ Commission Expires: (p v~R-~ ** TX CONFIRM REPORT ~~ DATE TIME TOiFROM 02 12129 17:07 2088845077 O ~ O iYi S ~ ~ u r O N _ N a 3 = A W ~. yy 7~ Z W u ~...i~. `~, .... ~ ~ '' o . :~ 9 ~ ~ ~~ ~ M C a ~~'j ~~p i Q Q~ d ~ ~ 3 m AS OF DEC 29 '~:OB PAGE.01 CITY OF MERIDIRN MODE MINiSEC PGS CMDtI STATUS EC--S 00'55° 002 039 OK ~ N N N C N H N ~ N C N N lV h > > E ~ E ~ E ~ E ~ E ~ ~ _4~ 3 3 E E E E Y~ (7 ll P s ~ P w w_ P » 1 ~ » » ~ 1 ~ 1 , > s ggtl '° ~ ^gg " ~ g~ ~+ ~ h m ~ 8 8 8 $ 8 u u u u u v u u u u v ~ ~ ~ ~ ~ ~ ~ P A P m O~ » > } ~ R ~ ~ ~ ~ ~ ~ R a ~ ~ 1 P \ Y > a A P P pp P P P 6 DN. R q p ~ \ h \ » > > » ~ > > h ~ n r n S M 8 8 S ` ~ S ~ 8 8 8 8 8 8 / 7 /7 ~ 1 7 q ~ _ V1 ~ OS \ ~ ~ \ h \ Q G ~ - b [Vq! V ~ S ~ cC y O E C p ~ aa ~ ~ ~ n i L o N ~ 5~ ro ~ ~ ~° S ~ _ C x a ~ ~ $ ~ ti ~ ~ ~ ~ ~ ~ ~ ~ n N F! W ~ ~ n g Z "• ~ s 4i ~ _ ~ ~ 0 0 w ~ ~_ ~ ~ ~ ~ a a a T 8 o ~ y ~ S E ~ ~ H $ c c g ~ s~ m ~ o ~ e ° Q C L a~ ~ b A ~ ~ U ~ ~ ~ ~ ~` s ' ~ T d ~ a ~ E p ~ 8 ~ `~ 6i S ~ ~~ J O .~ DEC 29 '00 16 57 FR CITY OF MERIDIAN 208 884 4259 TO POLICE DEPT P.01i05 HUB OF TREASURE VALLEY MAYOR A Good place to Live 1,P,GAL DEPARTMENT Robot D. Curric (208) 268-2499 • Fax 268.2501 CITY ~~ ~VIERIDIAN PUBLIC WORKS C[TY CbUNCIL MEMBERS 33 EAST IDAHO BUrLDINC DEPARTMENT Ron Anderson (206) 887-221I • Pax 887-] 2h7 Keith Bird 1Vl~RIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deweeril City Clorlc OffiCC l=ax (20$) $$$-421$ 1EPARTMENT Cherie McCandless {208) 864-5533 • Fax 888-6854 APPLICATION FOR BEER /WINE / LIQUOR LICENSE RENEWAL YEAR RENEWAL 2001 TOTAL SUM OF $ ENCLOSED I/NVE HEREBY APPLY FOR RENEWAL 01=: BEER BY BOTTLE ONLY ($50.00) BEER BY BOTTLE/DRAFT (200.00) WINE BY BOTTLE/DRINK ($200.00) LIQUOR BY THE DRINK ($562.50) ~G~~~p ~,~,~ OWNER INFORMATION Name ~° ~7<%IU ~-~~r-~'~'t 5 Q y i I ~ - W a !L ~Z ~-5 TAI y~Glt-I/T ~ ~f+1 C Address ASS ~. ~A ail? yi~GcJ ilv~ r Su ~ ~ ~' ~° ~' Phane $~ - _ ~ 7 ?~ SS# ~," l 4 ~ 7 ° ` ~ 3 7 ~ Date of Birth ! Z ~ z_ ~. - S SS Place of Birth ~ ~~~~ State~'~'~'~ DL# ~ I .S ~ $ ~ S ~' State ~~ ~ Expires / Z z z e Z Height ~ r ~~! Weight ~6a !~ Eyes ~~u',c/ Hair b~~4~f~ IF MORE TWAN ONE OWNER, LIST ABOVE INFORMATION ON A SEPARATE SWEET. BUSINESS INFORMATION Name of Business Qu ~ 1~--~~1~ ~'S~Ptione $~S - 3 ~ 7 Mailing Address of Business ~S'.S L . F~4~~v~~ A~v@ , Su: ~ ~ ~~ Location of Premises ~A-~rc ~P-5 ~73a~c n~ A~'~'v I/V11e hereby certify that there have been no changES in the above named business, ownership, directors, stockholders or partners during the past licensed year and that the information abave i e and Corr ct_ Applicant ©ate ~ 2 ~ ~~ _ `~' ~ Subscribed and sworn to me this ~ ~~ day of ~e~e~~~`~ , 2000. °.,~, S,~ ~. ~G •, ~`~, Q~~. ~ ,; l' No Pub c /~ L " ~ Residing a _7 f^ a 1 I 1 ~°veo~~j'~"~~ l~bp~ Commission Expires: qms"mti (o ~~R~ DEC 29 '00 16 57 FR CITY OF MERIDIAN 208 884 4259 TO POLICE DEPT P.02i05 Apprava! of Police Chief Ful! Nam®• First Middle Last pate of Birth: SS# DL# and Stai Police Chief DEC 29 '00 16 57 FR CITY OF MERIDIAN 208 884 4259 TO POLICE DEPT P.03i05 as oq V F~ z U e 0 .y to ~ F ~' ~ O O ~ ~ ~ O p U U r •o U o w 1-y G` s. C ~ ~n o:'". . ~o ~ ~ ~ o ... o ~~ ~, .. a ,. a:;;;;::,r~ ~ ~,:....,::~ p ~ ;~,: •, ,. ~ ':~ .I 111.... -' ~ u ;. r' p` !!' ~.; ~ ~ ..; ~. . : , ,. 4-',: ,. i, ... d ,a ' z ~+~~~' ~ '1 ~ ~ ~ ~ .:.rri f'~`~'~'":~'" ~ lye ''~.., ~~~ CA vj,. Fw e h' : L ; ~ ti Ill 'rf ?, ~. ~.. .: ~A. .. ~ .il ': ,',.. ,;;_:. ,:.. • - ....o a s ~ w 4 '~ ~ ~n ~n c °-' z ~' ~ 'E f ~ ~ ~ O O ~ ° ~, Q Q ~ a -v env j+ U U `~ e~ ~ U Q ~~ ~ ~ ~ F F ~ ~ ~ ~ O O Q~ G7 H F^ , DEC 29 '00 16 58 FR CITY OF MERIDIAN 208 884 4259 TO POLICE DEPT 'I'HI°,3 LICirNSE MUST BE CONSPICUOUSLY DISPLAYEp ~ ~ N ~ ~ r ~ ~~ O Z n O ~ H ~ A ~ Z ~ ~ 00 .~ .~ ~ H H S ~ ~ R j -~ z a~ca H to tfi r~ ~ ~ a o ~~~ r~ ~ a ~ ~~W W x HFo W L """ I HH~ m i ~ O ~' o ~ UU~ H ~ J {/,/~/~, ~ ~ m _r ~ ~ ~ N O ~ ~ ~ ~ F o v ~ ~ ~ ~ Q a a ~ ~ ~ o ~ b y ~ ~ ~ a ~ ~ h ~ ~ H o ~ a ~ ~ , ~. °~ ~' ~ °~ w ~ U W H O H .- -o m p . r O ~ ~ A ~ ~ ~ ° ~~ ° , ~, ~ a ~„ N rll 9 a N N~ W U LU LL fL EL E 0 `c w k J ~~ m ~ ~ a a a . . . ~ ~ ~ ~ ~~~~~~ W ~ ~ w ~ ~ ~• om° ~ m cu ~ c F ~ ~ ~ ~ ~ 5, >, m x 0 v N C C 7 N» m~~--~-~ ~m`1~r~,,.J P.04i05 3$N3~Il SIFIl 30 FJ33SNt/kia d0 31t/5 ki03 3OIS ~S1~3ft3a 335 DEC 29 '00 16 58 FR CITY OF MERIDIAN 208 884 4259 TO POLICE DEPT P.05i05 ~~ ~ • ~ i __ ___ __ .115620000'~090:~556tLt~2t«~ ^IIS69t00•ll f "~ '~' 10[68 WeGI'ee~/ ~~~~ oycp~ ~aoM p51 ~rueg jsa~ u.~ anv ~ ~~~~ ssv~~on--•• ~~, oai5 •~ ?~ i1~ ,4 cog ~-y r-~/~lj ~ ~, / / ~ ~ __~~ 3H1 O1 li, ~o ~vJ~Svv''~~// ~4 .lVd *" O v'7' ~ _ Z 31ga ~ 16Z6lS6~L-Z6 6182-50LE8 QI '3SIQ6 ~~ BZ9Z•ZbZ•8pZ 'Hd OVOFJ OIJb'lkfd~Q 959b ~ '~Nl `1Nt/>:ift~'1S3a ?iQM'^~iit10 NMOldNiHO 569 .~ a _ p a' coo . ~ `~ O t 0 5 G ~ ~ ~ ~,~-~ ~" w~ ~m O A ~~ z ~ _ V ~ `~ ~ ~ - ~ m ~. .~ ~ _ - - - - m ~ ~ ~ _~ Q T ~ o p a N, J d ,, , N p W fT Q ~"" N ~ C O a N ° l z ~ ~, Q s ~ ~ ~v V l U ¢ "~ 'L,~ N ~ o ,- ~ ~; Z ° p N E o W x V ~ ~ U ~ r N (` ^vn, ~ \~ ~ ` V ~ II ~ O V ~ N ~m ro v ~ ~ ~ ~ ~ ~ ~ ~ b N ~~ W E O O~ m ~ } m ~ ~o z Q ~i ~~ d z N ~u NZ f,7 ~~ TOTAL PAGE.05 ~~ ,~ ~ ~ __.. Cit of Mdian Y Wine License Ada County, Idaho Granted January 2 2001 ~. r~J~t.Pr.Pt~t_PtJ~rJ~rJ~~.f N_ 0428 Expires December 31, 2001 THIS LICENSE is granted to Chinatown's Quik Wok Restaurant, Inc. doing business as (Owner) Chinatown's Quik Wok Restaurant (Name of Business) to conduct a retail sale of Wine in accordance to all rules and regulations, Current City Beer License No. 0930 BUSlness Location 3055 E. Fairview Avenue Suite 200 tree ress In the City of Meridian, Ada County, State of Idaho, the required license fee therefore having been paid. This license is issued in accordance with the laws of the State of Idaho together with the ordinances of the City of Meridian. ~j APPR VED by the City Council this 2nd S Ane 5 5 ,ry clerk day of January ~ 2001. yor ** TX CONFIRM REPORT *~ DATE TIME TOiFROM 32 01103 18:04 208 846 9036 AS OF JAN 03 '~:04 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD#t STATUS G3--S 00'38" 001 127 OK MAYOR HU6 Oh' IRhASUf2E YALL6Y ReAert D. Corcie A Good Place W Live ~-TY Co~NCn MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bvd MF,RIDIAIV, IDAHO 83642 7'amrny deWCerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk OEflicc Fax (208) 886-4218 January 3, 2001 To Whom !t May Concern Re: Beer and Wine License for.• Chinatown's Quik Wok Restaurant 3055 E. Fairview Avenue Suite 200 Meridian, ID 83642 888-3373 fax 846-9036 LEGAL DEPARTMENT (2Ufi) 21;R-2x99 • Fax Z8tl-2501 PUBLLC WORKS BUILDING DEPARTMENT (20R) RR7.2211 • Fax RR7-1297 PLANNING AND ZONING DBPARTMP.NT (209) 994.5533 • Fax 699-6954 The above list®d business has been approved for a Beer by the Drink License (#0930) and a Wine by the Drink License (#0428) from the City of Meridian. Because of the delay in the issuance of the actual license, please use this letter as a confirmation of the licenses. If you have any questions, please contact me. Sincerely ~,(~~ William G- Berg, .Ir. City Clerk MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 3, 2001 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To Whom It May Concern Re: Beer and Wine License fora Chinatown's Quik Wok Restaurant 3055 E. Fairview Avenue Suite 200 Meridian, ID 83642 888-3373 fax 846-9036 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 The above listed business has been approved for a Beer by the Drink License (#0930) and a Wine by the Drink License (#0428) from the City of Meridian. Because of the delay in the issuance of the actual license, please use this letter as a contirmafion of the licenses. If you have any questions, please contact me. Sincerely William G. Berg, Jr. City Clerk W }, , ~ ~ Q ~ ~ ~ ~ O 1 V ~ ~ 0 W W W ~ 4 ti T i Q Z ~ ~ . a Z ~ ~ Z z ~ ~ ~ W ~ ~~ ~ C~ ~ Z ~ ~ ~ W ~' ~ ~" _ ~ o Q C3 v J m ~ ~ H CL _ ~~ ~~ Iz ~ ~ z~~ ~~ . ~ ~,~ __ ~- w , `~ ~ w Q i ~`~ ~ a ~ .a ~ ~ ~ ~