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2002-03-05
CITY Ali. REGt1WR AIf~ETING X Tammy, de Weerd ~ ,~ Bill Nary X Cherie McCandless X Keith Bird ~X, Mayor Robert Currie , 2. .Adoption of the Agenda: 3. Comment Agenda: . ~~ A, Approve mi~~u from February Z~~-2002 City Council Special Meeting: Approve ~~ Approve minims -from February 28 2002 City Council Regular M~;eting: Apptsorre ~. Findiings of Fact and Conclusions; of Law for Approval: PFP ' `, 01-007 Request for Preliminary~Final Plat approval of 2 building lots on 1,46 acres in a C-G zone: for Wenco Subdivision by Wenco - no~#h # .corner of Easfi .~~r~aorate .Drive and East First Street: Rpprcwe D~ Findings~.of Fact and Conclusiic'r~ of Law for Approval: PFP _ 01-008 Request for Preliminary~Final Plat approval of 4 building .lots on 1.57 acres in an R-8 zone far Kearney Place No. 4 by Margaret Woad--south of East Cha#eau .Drive and east of North Laughb~idgo ~Aveeue: Approve ~: E. Findings of :F~.add C~'acius~~=~~ t.aw far Approval: AZ 00- 019 Request; [ altn+~x~#ion a ~tt~r~g of 100.71 acres from RUT e to R-4 zones: for Revised- -C. ~~prings by Kevin Howell Davelopnaent,-f northwest corner,of ~'th Meridian Road and West Ustick Road: 'ApRrove } Merd~:cicy council Agenaa--ll~areh S 2t1o2 1?age I of S All materials ptsee~ted at public meetings shall become] property;ofthe city of Meridian. Anyone desiring acoommodetion for disabilities related bo do~mo~ andlor hearing please c~tact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Y' ~[r~; L~ ,} ~ ~r . '', ~.r ..~ -t` - p: ~ ~ Findings of ,~ .Conclusian~ df Law for Approval: PP 00- i ~ 01'8 Reques~~f~' Prei~minary Plat approval of 264 building lots and 31 other lob ~ p9.82 acres in art ~-4 zone for Revised Cedar Springs by ' I~in Howell Development -northwest of North Meridian Road,and West Ustick Road:- Approve ~. Findings of :Fa~;and Conclusigr~s; o~ Law for Approval: AZ 01- 012 Request.fo~ annexation and zoning of 70.72 acres from RUT to R-8 zones fior proposed Sundance .Subdivision by G.L. Voigt Development -northeast corner of ~a~st Ustick Road and North Meridian Road. Approve . ~ Findings of::F~lct~ and Conclust~;,~~~ ~.aw for Approval: PP 01- 015 Request for Preliminary Plat approval of 214 single-family lots, 4 future, office Jots, 23 common lets ,and 3.43 other lots on 69.79 acres in a proposed R-8 ~or~: ~ for proposed Sundance Subdivisi©n by G:L. Voigt Develop~~nt -.northeast corner of East Ustick Road and. North Meridian Rom:. Approve with Corrections i. Findings of Fact and Conclusior~; 4'f Law for Approval: CUP 01-026 Request~for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood .park .and pedestrian .pathways in a proposed R-8 zone for pcopos~d Sundance Sudivision by G.L. Voigt - northeast corner of. East Ustick ,Recd, and North Meridian Road: Approve . J. Findings ,of ;~'t and Conclusions ' Law for Approval: AZ 01- 025 Request for-.annexation and zorfgg of 7.83 acres from R-1 to C-G zones #cir proposed Sily®rs#one Corporate Center Phase II . by Sundance lna~stments - south~a~t corner of East Overland Road and South ~~gle Road: Apo ~. Findings of !`amend Conclusions:,ef Law for Approval: PP 01- 025 Request ~~r Preliminary Plat approval of 31 building lots on 7.83 acres in a, proposed C-G ~. zoo for proposed Silvetstone Corporatar C~en~r Phase II by Stce investments -southeast ' corner of East flveriand Road and ~~~ Eagle Road: Approve L, .. Findingrs, a-f ~;atnd ~oncit~iaps Law for Approval: CUP 01-043 Request: for a Conditiona# ~a~ a Permit for High-Tech Fabrication, offices, retail and Heaith flub in a proposed C-G zone fare proposed;silvrsrstone Corporate ;enter Phase II by Sundance ' ..investments -southeast corner of Emit Overland Road and South ..Eagle Read: App~fta~-® aci~yyCr~,s2aic-2 t?~e 2 of 5 Ali mal3erialg presented at public meeti~ shall become pra~ty 9f the City of Meridian. Anyon®dgsiCU~ for disabilities relatdd tq dD and/or hearing plead contact the City Clerk's Uffice at 888-4433 at least 48 boors prior to the public meeting. ~ t. •~. f ~{ ~ Y s ,~~:~ ,; ~ ;. '`~j.; Findings Conclt+s~na~.;ef Law for Denial: PR 01- '' 016 Regt~ aii<minary Plat approval of 28 building lots and 5 ' other lots o~ti: ~ .4 acres in a piroposed R-8 zone for proposed Kodiak Setbd~l by Kodiak ;DBlopment, LLC - 2435. South MeridianRAad~ Table until April 2,;:02 Findings of Fa,,and Conclus;ipf 4aw.for Denial: CUP 01- 029 Request for` a Conditional U Kermit for a Planned Unit Development for a private RV stpra and reduced lot sizes in an R-8 zvn0 fear proposed Kadiatr ~ Subdivision by Kodiak Developntient LLC - 2435 South !Adian Road: Table until April 2, 2002 ~w <' Findings of~Fa~t aid Conclusi~ptu~~;af 'Law for Denial: VAR 01- '; 019 Request four a Wariance to q 1,000 feet maximum length requirement and ~ allow the public road being. proposed to exceed '~ 450 feet. rnaximun'1 length requiren~ in an R-8 zone for Kodiak `:~~ S~bdiv~~n~~~y-Kodiak Develop,,LLC- 2435 South Meridian Road: Tabfe'unifl; April 2, 2002 P~ ~ ~Appr+ov~~,pFl~s#on for Beer / li~~Llcense by Lisa Fregoso for Tequila G~iil I~estaurante at 2431.E Fairview Avenue Suite 103: Approv0 4. D~p,~rtment R~epor4~» ,; A Public 1N~ impartment r 1. Protes~fitl Services Corn..with Interwest for WWVTP UV, Grtt Basin and Outfall Pect: Deny Request ,2. Design add Constnucdmn ~1gr+eement with ACRD for ' Overl~inwd Road Bridge , {ACRD Project No. 502005): APprQw~e'~th modificative { 5. ~~ AAoved from;~ent Agenda) a 6. Quittance Nc~. ~, ~,,t)~-538 AZ !:-tl~g Request for annetion n zoning of 4,25 a~a~s from RUT- to C-i~l~ aoines for LDS Church by i»ar' Maurer -south cif,: East Franklin Rid and east of South Locust ~?~ Approve 7. ~r~e No: 02»8:i9 AZT 0$ Request for annexation ~~c~ning of ,5.97 acres from RUT to FF~,-4.~ies for proposed Inglenook division by Pr~avid~snce Deveiop~~-Group, LLC - 2720 South Lot~ist Grove t~cad: ~wve . city co>~ a - Maw s, loos Page 3 of 5 Ali materials pmeented at public shall bec~me~propetlq pfthe City of Meridian. :4nygae desitlgg anion for disabilities telatbd ~.~ and/or hearing please contact She City Cl~lc's Office at 888-4433 at iea~;48:hoh~a~ior to the public meeting. . .,} w_ -_.._ r. T ~~ ~ ]~~ Z p~p' ~ [ r is i ~~:. . .~ ~-~;: 8. ~~nce No. ,,,~,,; ~' F2Z 01-f~0-"l Request for rezone of 3.35 ~a~r{as from R-f3 tip ~ for Soi C. Yst by Hubble Engineering Irlc. .- 7~5 East Fairview:i~vertue: Approve ' ` t 9v {?,k^nce Na. , ~„~_ A2~ X1'4 Request for annexe#ion an~ zoning of 4.0 ~`~cres from M-I ~ 1~L~.zvnes for Idaho Trucking S~~Ities by v~ory Properties LLC -~,;~i~ Eagle Road: Approve ~, ~ , 1Q. Cnce No. 0,42 AZ, 0~"RO Request for annexation ar~d zoning of 3 ~8 abr~ "from R-1 to ~f~-S shes for proposed Silhouette I „iviaion qy Tyier Torkeison -east of ti7 Meridian Road and south ~f`~sa~st Ustick-Road:. r4cove 11. Ted from February 18 2002: Ft~ 001 Request for Final Plat 13. 13. 44. 1$. approval of 5fi buildi~ag lots- and 3 other io#4 t~~ 16.97 acres in an R-4 zone far ~'ficia's SubidiYieio~ No. 3 by Autu[F'aire, LLC -east of North ~la~k Cat Road end south of West Usti~c ~d: Approve C~~tin~ed Pubic- i~~ from Fly 19, 2002: AZ 01-021 Request for annexation and zoning of 4,83res from RUT to R-8 zones for propased Se~ce~y Hoare Subdtvir ~y Wardle and Associates - 1Q2~5 North Tin ~liite~ Rom: Attorney to:pp~re Findings of Fact and . i~~©ns of La~u;fo~r.Approval ~~-~rtnued Pub~,;:tgaring from Febirl~y! 79, 2002: PP 01-022 l~eggest for P~r~eb~ary :Piet approvai of 34j,~ui&iing lots and 7 other lots ~on 4:83 acres. in a,proposed R-8 cone t proposed Berkeley Square division by ;Wut~dle and Associates - ~a25 North Ten Mile Road: fey to prdp~!e, Findings of Fa~t'.an~i Conclusions of Law for Koval . +C~etinued - Public !fig from Febriy 19, 2002: CUP 01-040 ~~uest for a Conditioi Use Permit foc a. Manned Development for 34 ~ houses in a proposed R-8 zone for proposed Berkeley Square ~~vision by V~atdle and Associatefs -~~'~025 North Ten Mile Road: . ~A~ey to pr~~ Fl±~ciigga of F,a+l~yId Conclusions of Law for Apwal .~ ~~ ~;, Requ ~~~~~~ a: le Drive and west of North E of Fact aru! Conclusions c~-f a :Conditional Use Permit for a Center in an L-O zone for enterprises, LLC -south of ~.l~oad: Attorney to prepare ~c:for Approval ~~ ICowual Age 1,'28f12 Pale 4 of 5 All presets dt d tneetin~s shall bacom~ prepei~ ofthe City of Meridian. Anyone desirLrg for disabilities relabCd tb and/or hearing please contact the Oily slerk's:t~cx at 888-4433 at least48 hours pri~ar to the public meeting. r '~ ~ ~ ~~ i ~` '' ~ , .~ ~~ ~ ~ ~ t ~ i ., t~"~ { y~ ~k{ 11~~ 1~6~~~ ~''#fearittg: ~ ~ Q14 Reque~t;for'a Conditional Use permit for °~, ,on+~.~2 room hofiel,:dr~ single story offide:bui~ding and one two story office b±~i~dng in a C-C ~~' #~r Hampton~l.:~Hotel by Meridian Hampton C~e~~r LLC - saut;aorner of Allen ~ and Gentry Way: Aitomey ;ta Prepar+s Fir~ciings art and Cone . >df Law for Approval 1~'. Ai~uic I~sarir~: , RJR ~~'iQ Request~~f~r i~si~rn~inary/Final Plat approval for ~ 3 building Idta .on. 4.10 acres in a ~G zone for Hampton Inn liivision by Pit~le Engineers, #nc. ~ southwest corner of Allen S$et and Gentryy Wsy: Attorney tol mare Findings of Fact and ~~iusions of La+w for Approval 18. is Hearing: AZ.~01Wtf26 Request ~or;~inexation and zoning of 2.30 aqr~ from R-1 to RT4zones for propo4~d -1~earthstone Subdivision by Inert Lee - Southeast corner of West; Cherry Lane and North Black Cat i~ Attt~rney t4 pyre Findings b#'F~ct and Conclusions of Law °4''pproval r 1A. '~;p1-0©9 Re~uf+~':PreliminarylFinai P't approval of 2 building lots o~ 2.30 acres ~n ~,~eF rpppsed R-4~ ~~ona ;for proposed Hearthstone ~9u~division by Robert Lee - southea~ da~dr of West Cherry Lane and Na~rrth Black Cat> Rid: Attorney to Ord Findings of Fait and ~Cio~iusions of Law i~u Approval ;; ;~ ~~ „, :.~ : ,. ~, CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, -March 5, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd `~ Bill Nary Cherie McCandless -,~. Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: ~~~~..~ B. Approve minutes from February 26, 2002 City Council Regular Meeting: ~~~~ C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest corner of East Corporate Drive and East First Street: ~r~ ~.~ D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: ~~~v~-e~ E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: crja~aro v-~.e_ Meridian City Council Agenda -March 5, 2002 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hows prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: PP 00- 018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development -northwest of North Meridian Road and West Ustick Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 01- 012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: r/~- - H. Findings of and Conclusions of Law for Approval: PP 01- 015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt - northeast corner of East Ustick Road and North Meridian Road: ~~~ J. Findings of Fact and Conclusions of Law for Approval: AZ 01- 025 Request for annexation and zoning of 783 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Q~vr~vu. K. Findings of Fact and Conclusions of Law for Approval: PP 01- 025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: ~ j~ ~- L. Findings of Fact and Conclusions of Law for Approval: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed- C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: c2~b~ro ~-~ Meridian City Council Agenda -March 5, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,~ = M. Findings of Fact and Conclusions of Law for Denial: PP 01- 016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: ~~ ~~~ ~~r2 2~Z.®o~ N. Findings of Fact and Conclusions of Law for Denial: CUP 01- 029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: ~ ~/-e dv~~i2 /~7~-r2 2~ ~~' ~. - O. Findings of Fact and Conclusions of Law for Denial: VAR 01- 019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: ~~,~-1-e U,~i2 j~y~r,2 2~ Z~oZ P. Approve Application for Beer /Wine License by Lisa Fregoso for Tequila Grill Restaurante at 2031 E. Fairview Avenue Suite 103: ~~^o -~ 4. Department Reports: A. Public Works Department 1. Professional Services Contract with Interwest for WWTP UV, Grit Basin and Outfall Project: 2. Design and onstruction Agreement with ACHD for Overland Road Bridge (ACHD Project No. 502005): U (~ Gi/~L f~.dC~i~i t- •a~ ~nS 5. (Items Moved from ~nt Agenda) 6. Ordinance No. ~~ ~ ~~~ AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Larry Maurer -south of East Franklin Road and east of South Locust Grove: ~~~n-°V~ 7. Ordinance No. d2 ~ ~~ ~ AZ 01-023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: G~~v..~ Meridian City Council Agenda -March 5, 2002 Page 3 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. d~ ~ ~~~ RZ 01-007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: ~joi-r~ v~ 9. Ordinance No. ~2 ~ ~~~ AZ 01-024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: ~~~ vie. 10. Ordinance No. d2 ~ ~~~ AZ 01-020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson -east of North Meridian Road and south of East Ustick Road: a %~"-a~v~ 11. Tabled from February 19, 2002: FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC -east of North Black Cat Road and south of West Ustick Road: ~pj~ro v.~ 12. Continued Public Hearing from February 19, 2002: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: 13. Continued Public Hearing from February 19, 2002: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: 14. Continued Public Hearing from February 19, 2002: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: 15. Public Hearing: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC -south of East Leslie Drive and west of North Eagle Road: a~o~-vv~ - a-~~'ir~~ rev ~ f~~w ~/~'~ ~%~ 16. Public Hearing: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC -southwest corner of Allen Street and Gentry Way: ~~ll~u.e p`~ ~ ~/Jec~~ d~~~ an- /72on.c~ Z~f 2 0o Z Meridian City Council Agenda -March 5, 2002 Page 4 of 5 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 17. Public Hearing: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. -southwest corner of Allen Street and Gentry Way: Can~ry~ic.~ pllz- ~ ~~eci2c,2 /~ o-r~ aticly Z6~ Z~y 18. Public Hearing: AZ 01-026 Request for an exation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: ~jrrv vu- - at~4rrh~y ~b~~~~l~' ~' e%%e- 19. PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: ~~-~~ Meridian City Council Agenda -March 5, 2002 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 5, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: Approve B. Approve minutes from February 26, 2002 City Council Regular Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest comer of East Corporate Drive and East First Street: Approve D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: Approve Meridian City Council Agenda -March 5, 2002 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please coNact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • F. Findings of Fact and Conclusions of Law for Approval: PP 00- 018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development -northwest of North Meridian Road and West Ustick Road: Approve G. Findings of Fact and Conclusions of Law for Approval: AZ 01- 012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: Approve 5-H. Findings of Fact and Conclusions of Law for Approval: PP 01- 015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: Approve with Corrections I. Findings of Fact and Conclusions of Law for Approval: CUP 01-026 Request for a Conditional Use Permit for 214 single family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt - northeast comer of East Ustick Road and North Meridian Road: Approve J. Findings of Fact and Conclusions of Law for Approval: A~ 01- 025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast comer of East Overland Road and South Eagle Road: Approve K. Findings of Fact and Conclusions of Law for Approval: PP 01- 025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Approve L. Findings of Fact and Conclusions of Law for Approval: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Approve Meridian City Council Agenda -March S, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Arryone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • 5-M. Findings of Fact and Conclusions of Law for Denial: PP 01- 016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Table until April 2, 2002 5-N. Findings of Fact and Conclusions of Law for Denial: CUP 01- 029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Table until April 2, 2002 5-O. Findings of Fact and Conclusions of Law for Denial: VAR 01- 019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R->~ zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Table until April 2, 2002 P. Approve Application for Beer /Wine License by Lisa Fregoso for Tequila Grill Restaurante at 2031 E. Fairview Avenue Suite 103: Approve 4. Department Reports: A. Public Works Department 1. Professional Services Contract with Interwest for WWTP UV, Grit Basin and Outfall Project: Deny Request 2. Design and Construction Agreement with ACHD for Overland Road Bridge (ACHD Project No. 502005): Approve with modifications 5. (Items Moved from Consent Agenda) 6. Ordinance No. 02-938 AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Lany Maurer -south of East Franklin Road and east of South Locust Grove: Approve 7. Ordinance No. 02-939 AZ 01-023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Approve Meridian City Council Agenda -March 5, 2002 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documeirts and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 02-940 RZ 01-007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: Approve 9. Ordinance No. 02-941 AZ 01-024 Request for annexation and zoning of 4.0 acres from M-I to 1-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: Approve 10. Ordinance No. 02-942 AZ 01-020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson -east of North Meridian Road and south of East Ustick Road: Approve 11. Tabled from February 19, 2002: FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC -east of North Black Cat Road and south of West Ustick Road: Approve 12. Continued Public Hearing from February 19, 2002: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Continued Public Hearing from February 19, 2002: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Continued Public Hearing from February 19, 2002: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC -south of East Leslie Drive and west of North Eagle Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -March 5, 2002 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hows prior to the public meeting. 16. Public Hearing: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC -southwest corner of Allen Street and Gentry Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 17. Public Hearing: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. -southwest corner of Allen Street and Gentry Way: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee -southeast comer of West Cherry Lane and North Black Cat Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 19. PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda -March 5, 2002 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i ~ Meridian City Council Meeting March 5, 2002 The regularly scheduled meeting of the Meridian City Council was called to order at 6:30 P.M. on Tuesday, March 5, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: William Nichols, Bill Musser, Gary Smith, Shari Stiles, Brad Watson, Ken Bowers, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the Meridian City Council Regular Meeting on Tuesday, March 5, 2002, at 6:30 P.M. at the City Council Chambers. Mr. Clerk, if you will give roll-call attendance, please. Item 2: Adoption of the Agenda: Corrie: All present. Thank you. Item Number 2 is Adoption of the Agenda. Council, is there any -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Adoption of the Agenda, on the Consent Agenda, Items Number M, N, O, has been asked to be pulled and I would recommend that we -- for your approval to pull it to 5-M, 5-N, and 5-O and I believe that is it and with that. If there are no other changes, I would move that we adopt the Agenda as noted. McCandless: Second. Stiles: Mr. -- sorry. Corrie: Motion made and seconded. Shari. Stiles: We did receive a Position Statement on Item H. Corrie: H? Meridian City Council Meeting March 5, 2002 Page 2 Stiles: H. If we could pull that just to make a minor change, so it's consistent with the approval. Corrie: Okay. H. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With Mrs. de Weerd's approval I would move that we take Item H to 5-H. De Weerd: Second agrees. Corrie: Okay. Any other changes of Council or staff? All right on the Adoption of the Agenda with H and M, N, O to go to Item Number 5. Any further discussion? Okay. Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: B. Approve minutes from February 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest corner of East Corporate Drive and East First Street: D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 00-019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development - northwest corner of North Meridian Road and West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: PP 00-018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development -northwest of North Meridian Road and West Ustick Road: Meridian City Council Meeting March 5, 2002 Page 3 G. Findings of Fact and Conclusions of Law for Approval: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development - northeast corner of East Ustick Road and North Meridian Road: H. Findings of Fact and Conclusions of Law for Approval: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt -northeast corner of East Ustick Road and North Meridian Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 01-025 Request for annexation and zoning of 7.83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: PP 01-025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: M. Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: N. Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Meridian City Council Meeting March 5, 2002 Page 4 Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: O. Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: P. Approve Application for Beer /Wine License by Lisa Fregoso for Tequila Grill Restaurante at 2031 E. Fairview Avenue Suite 103: Corrie: Item 3 is the Consent Agenda. We do have Items H -- excuse me, H, M, N, and O, has been pulled off the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approved the Consent Agenda as noted, with Items H, M, N. and O being moved to 5 on the Regular Agenda. De Weerd: Second. Corrie: All right. Motion has been made and seconded. Any further discussion? Hearing none, roll-call vote, please, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion to approve the Consent Agenda, with the exceptions as noted. MOTION CARRIED: ALL AYES Item 4: Department Reports: A. Public Works Department 1. Professional Services Contract with Interwest for WWTP UV, Grit Basin, and Outfall Project: Corrie: Department Reports. A. Public Works Department. Smith: Thank you, Mr. Mayor, and Council Members. The first item is a Professional Services Contract with Interwest Management. This is an agreement that we are bringing before you tonight to begin what's known as a partnering process between our contractor that's been selected to do the work for the Ultra-violet Head Works Project at Meridian City Council Meeting March 5, 2002 Page 5 the Wastewater Treatment Plant as one of the partners. The City of Meridian is one of the partners, and the design engineer Keller Associates as the third leg of the partnership. This is a new process for us. However, it has been successfully used for the City of Blackfoot on a project for their Wastewater Treatment Plant. It's been used by the City of Twin Falls for a project on their Wastewater Treatment Plant, and it's been very successful in reducing the misunderstandings, in smoothing out the change order process for construction contracts. In that regard, we have solicited a proposal from Wilma Strohmeier, who is the President of Interwest Management Associates to act as a facilitator for this partnering process between the three parties. Wilma has been working as a facilitator for the Blackfoot project, which is approximately a 3 million dollar project for the City of Blackfoot Wastewater Treatment Plant and according to the parties involved there it's been a very much worthwhile process for them. We did interview one other person for -- as a facilitator for this project and based on the interviews that Lynn Grady and I and Brad sat in on, we decided to select Wilma for your approval. Her proposal is 4,700 dollars on a time and material basis, not to exceed that amount. We would recommend that you approve the contract between the City of Meridian and Interwest Management Associates in this amount for Wilma Strohmeier to act as a facilitator in the partnering process for the Ultraviolet, Grid Basin, and Outfall Project. If you have any questions, I would be happy to answer them. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Gary, now we are purporting not to exceed 4,700. Is the other two parties paying not to exceed 4,700, too? Smith: No. This is the total amount. Bird: I thought this was a joint venture between the City and Turnkey and Keller. It looks like we are paying -- the facilitator, what is she going to do that the engineer shouldn't take care of or the contractor shouldn't take care of? Smith: I haven't been involved in the partnering process, Councilman Bird, so I don't know what the exact process is that she goes through. It's my understanding that she sets up a meeting of all the parties involved. Those people that will be working on the project and handling paperwork, doing the actual construction, and outlines who is responsible for all the elements of the project. How long it's going to take to process paperwork, when payments are made to the contractor, how change orders are handled -- there is just I guess a myriad of things that come up. They go through issues that each party feels are critical to the success of the project and they kind of prioritize these things. I'm not sure I'm -- I have much other information, other than what she has provided in her agreement -- her proposal. Bird: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 6 Corrie: Mr. Bird. Bird: Well, Gary, what does the contract -- the general contract with Turnkey say? What you're telling me is she's doing something that the general contractors or construction manager does as part of their contract and the engineer has got certain -- within his agreement has got certain things that they have to take care of. It looks like we are paying extra to do some work for them that is part of their contract. Smith: There is part of their contract that requires some of this work. You're correct. I mean they look at the change orders, they check the pay estimates, and there is a part of the contract administration that they are responsible for. Correct. Bird: They are responsible for getting the bills to us on time. Smith: Right. Bird: Setting the schedule up. Make sure the specs are done. Smith: Correct. Bird: I feel if they want to hire somebody like this, those two go hire them. I think that the owners -- we shouldn't have to be paying that. We have signed a good faith contract for good money with those two firms and they can -- they can -- if they want somebody to construction manage it to for them and do the paperwork, they can go hire her. Smith: Well, she's not -- she's not going to do the paperwork that the engineer is responsible to do. She's not going to prepare the pay estimates that the contractor is required to submit. She's not going to create a schedule for the construction of the project. She's facilitating the process to make sure that everybody understands who is going to do what and if there are some problems that arise, then she's available to facilitate a -- she's available to facilitate the resolution or at least try to resolve any issues that come up between all the parties involved in this contract. Bird: That's what a general contractor and an engineer or architect is for. I mean we have signed a contract for them to do this -- this work with these specs in this amount of time. Imean -- Smith: Well, Councilman Bird, this last project is two years old and we had a terrible time getting it closed. For one reason or another, we just had problems in getting it finished. Bird: Then I think we better look at hiring us a construction manager to take care of all that work out there that takes care of it. I mean, you know, this -- to me this is -- if they think it's necessary to have it, those two firms can put up the money. Meridian City Council Meeting March 5, 2002 Page 7 Smith: I was the one that made the suggestion to do this. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess to follow up on what Councilman Bird is saying here, I mean this sounds to me like a staff function. This is an oversight over two contracting groups that are providing a service to the city and my estimate is this is about 55 hours of someone's time to do that. When I looked at the scope of work of what this person is agreeing to do, monitor the implementation of the agreement and assist with maintenance of the agreement as required throughout the life of the project, I don't even know what that is. How are we going to hold a person accountable to perform this task for 55 hours worth for 4,700 dollars when I don't even know what this -- I don't even know what this is supposed to mean, that a staff person couldn't do this. I mean you're saying you don't have the people or the time to manage these contracts -- and maybe -- as Councilman Bird said, maybe that's what we need to look at is having a staff person do this. I don't understand the reason to contract with somebody, a third party. I don't know how this benefits the city. It sounds like it benefits these other two companies and if that's the case, let them pay for it. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, just a little background about Keller and Turnkey. Turnkey had the -- had a substantial contract out -- I think it was the clarifier project at the Wastewater Treatment Plant and Keller is the design and review engineer on that project. These two entities did not get along well together on that project and it created delays. It created extra staff time and it created some problem to the extent to which Keller had to change staff members on the project toward the end. Keller also got sued by Turnkey over alleged slander and libel, to which our staff got dragged in on subpoenas for depositions, public document requests, and other things. Just for background that that's the setting when Turnkey submits the lowest responsive bid on this current project. So we have the situation we have two parties who have been at loggerheads that the staff has to work with and the city needs to get this project done on time, on budget, try to minimize or eliminate potential construction claims, contract claims, and those sorts of things. I just let you know that that's the background from which Mr. Smith was operating when he looked to use these services to try to facilitate this particular contract. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council Meeting March 5, 2002 Page 8 Bird: What does -- what does Turnkey's contract say? They will complete in a certain deal or penalty? Do we have a penalty in the clause and does Keller have a -- does Keller have a penalty in his clause if his specs are not right or -- or something like that? Smith: Typically, Councilman Bird, the construction contract with the contractor does have atime -- construction time requirement. It does have a liquidated damage clause. We do not have a penalty clause with the engineer. Bird: Gary, if they have had this big of a loggerhead between the two firms, how is this gal or this firm going to go in there and change it? What she is -- you're saying she's not going to be making out bills, she's not going to be making the change orders, she's not going to be doing this and she's not going to be doing that. Smith: Correct. Bird: It sounds like -- it sounds like either the specifications was not clear when they were bid and there is problems over that or the contractor missed stuff. Smith: I don't know. I couldn't speak to the contractor. I think we reviewed the specifications and they were more than adequate to construct the project. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I appreciate Mr. Nichols' background on this. Actually, it makes me feel worse. We are hiring a person, because these two firms can't talk to each other and get along and so we are going to foot the bill so they don't have to converse together, they can work through a third party. That's what it sounds like to me. So I understand why you would want to get the project done and get it over with and this is a way to facilitate that, but this is a problem between two other firms that can't get along and the City of Meridian is footing the bill to make them be friends. Well, why don't they pay the 4,700 dollars and they can go have a third party do it. Why are we having to pay for it to get the results of the contract, where the law says we get the lowest bid and because one of the companies is a low bidder that doesn't get along with the general there? We then have to hire a third person just to make them get along so they can talk to each other. I don't see the city getting a good benefit out of this. I understand why you choose to do that, Gary, but I don't see the city benefiting out of this 4,700 dollars. I don't see why these companies shouldn't be paying it or they should just get the work done and they can go deal with their problems elsewhere. Corrie: I guess, Gary, following up all of that, we don't even have a guarantee that she - - that this firm is going to be able to get anything done anyway. They may just bow their back and say we don't want to talk and then we are 4,700 dollars out and we still haven't -- is there some other way that we can -- I mean we have got a clause that one Meridian City Council Meeting March 5, 2002 Page 9 has to finish or be penalized. I would think that they would want to come to the table and get it done. Smith: I don't know. Corrie: Are we assured that this 4,700 dollars is going to get us the end result we want? Smith: I know that her efforts at Black Cat have been positive. Black Cat -- Blackfoot have been positive. Corrie: Have you talked to the other two people, the two companies, to ask if they would want to have a facilitator between the two of them rather than us? Smith: I have not. Corrie: Okay. Council, any other questions or debates or --okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe the bottom line, Gary, I mean if we don't approve this agreement what happens? Smith: Well, we just go down the same road we have been down before, Councilman Nary. Nary: We hold those companies accountable when we have a contract with them and -- Smith: That's correct. Nary: And if we need to, maybe we need to look at it from a staffing standpoint, if that's something that -- is this a recurring problem with this company or with our projects or -- Smith: It has been pretty much a difficult situation. Nary: Because of the particular companies involved or because of what? Smith: I guess that would be an accurate statement. Nary: Which? It's the companies involved? Smith: Correct. Nary: Okay. Meridian City Council Meeting March 5, 2002 Page 10 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I do have one more question. Gary, how long do you hold the construction bond before you release it? Smith: The performance and payment bond? Bird: Yes. Smith: I believe they are one year following the completion of the contract. Bird: So if we get shoddy work you can always come back if they don't fix it right? Smith: I assume that's a possibility. Bird: Okay. Corrie: Any other discussion? Hearing none, I will entertain a motion on the request for facilitator contract service. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess for the sake that we have a discussion, I will make a motion that we deny the request for a professional services contract with Interwest Management for the Wastewater Treatment Plant for the UV, Grit Basin, and Outfall Project. I don't believe there has been a need demonstrated that we couldn't do this internally, that our contracts aren't sufficient to deal with this particular problem, that we don't have stuff able to manage this problem. Bird: Have you got a second before we discuss? Nary: I'm just telling the why. De Weerd: That's all part of the motion. Nary: That's just the reasons -- I just wanted to put on the record the reason why I'm making the motion. I don't know that we have received enough information to be able to do that, so -- Corrie: The motion is -- Bird: I will second it. Meridian City Council Meeting March 5, 2002 Page 11 Corrie: Okay. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I'd like to ask Gary one last time. Gary, do you feel that our contracts are sufficient to insure that this work is done? Is this an issue of staff time to enter into this and, if so, would it be considered to split it three ways or -- you know, I agree. I don't think that the city should bear the total cost of this, because it seems like it's not really -- it's not an issue because of anything the city has done. Is that why we are entering into or looking at something like this, because this has just capped out your staff time? Smith: Council Member de Weerd, Mayor and Council, the contract documents are adequate to construct the project. I feel that they are. De Weerd: Is there a but in there? Smith: No buts. De Weerd: Okay. Okay. I have nothing further. Corrie: Okay. Any other discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. MOTION CARRIED: ALL AYES Corrie: I guess we better talk about this again, Gary, with that. Okay. Smith: Pardon me? Corrie: Thank you. We -- no. Smith: The next item Brad will outline for you. 2. Design and Construction Agreement with ACHD for Overland Road Bridge (ACHD Project No. 502005): Approve with modifications Watson: Mayor and Council Members, the next item is a joint agreement with the Ada County Highway District to include -- not a water main in their design, but to reconstruct Meridian City Council Meeting March 5, 2002 Page 12 or redesign their bridge extension on Overland Road over Ten Mile Creek just east of Meridian Road to accommodate us to leave our water main where it is. Their proposal includes anot-to-exceed amount of 7,100 dollars for the privilege of leaving our water main where it is, as opposed to our estimated cost of 8,800 to relocate it ourselves. There is a draft agreement that hopefully got into your packet. The one thing that I want to make sure the motion includes, if you so desire to approve this, is that they include the cast and place concrete section as a bid alternate, so that if the bids come in higher than their estimates we can elect not to proceed with that construction. In that event, we would still be obligated to pay or reimburse ACRD in the design cost, which is $3,916.00. So if we approve this agreement -- if you approve this agreement, we will be paying them 3,900 automatically to redesign their bridge section to use acast -- or a cast and place section. If we don't approve this agreement, then we will proceed with getting our own contractor to lower that water main, which these are all estimates, except for an engineering cost. We estimate that it will be a higher cost for us to do it, we just don't know until they formally bid this project. I would be happy to answer any questions if you have any. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like our attorney's opinion on the contract to make sure -- I don't know if he's looked it at and stuff. I have no problem with the project. Nichols: Mr. Mayor, Councilman Bird, Members of the Council, the contract appears adequate. However, it doesn't have -- what it doesn't have is what Mr. Watson was explaining to you, which is the requirement that the cast and place be put in as a bid alternate and also that the city would have the say as to whether or not to go forward with that. That needs to be put into this agreement. Other than that, the form of the agreement is fairly straightforward and I don't see any problems with it. Bird: Thank you, Bill. Corrie: Any other comments, questions, from Council? Bird: I have none. Corrie: Okay. With that being the question, recommend approval of the contract for the City of Meridian and Ada County Highway District to design and construction on the Overland Bridge over Ten Mile Creek, I'll entertain a motion to that effect with the attorney's input. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council Meeting March 5, 2002 Page 13 De Weerd: I move we approve the contract between the City of Meridian and Ada County Highway District for design and construction of the Overland Road Bridge over Ten Mile Creek for anot-to-exceed amount of 7,100. Including modification of the agreement to allow the construction item to be an add alternative, to also include wording as suggested by our attorney cast and place bid alternative, and that the city would have -- the city to go forward with that and authorize the Mayor to sign and the Clerk to attest with those corrections. Bird: Second. Corrie: Okay. You heard the motion on the design and Construction Agreement. Any further comments or discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Watson: Thank you, Mayor, and Council Members. Item 5: (Items Moved from Consent Agenda) M. Findings of Fact and Conclusions of Law for Denial: PP 01-016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: N. Findings of Fact and Conclusions of Law for Denial: CUP 01-029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: O. Findings of Fact and Conclusions of Law for Denial: VAR 01-019 Request for a Variance to exceed 1,000 feet maximum Length requirement and to allow the public road being proposed to Exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: Corrie: Thank you. Now to Item 5, which are the items moved from the Consent Agenda. We have Items 5 M, N, and 0. De Weerd: Has well. Meridian City Council Meeting March 5, 2002 Page 14 Corrie: Pardon? De Weerd: H. Corrie: I know we have H, but it was second to come off. However you want to do it. De Weerd: It doesn't matter. Corrie: Items Number 5 M, N, and O, let's do that one and get it done first. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: As all of us were at the joint ACHD and Council City meeting last night or yesterday afternoon for lunch, this wasn't specifically brought up -- this project wasn't specifically brought up. It was recommended to go back and have the staffs work on this kind of stuff. The reason that I asked to have this brought -- at least brought to the general deal is I would like to see -- and we also got a request from the developer that -- that we pull it off and look at it at the denial. I would like to see it -- see us table this to another date and give the staff from ACHD and Meridian and also our attorney time to work and see what can be done in something like this case. Corrie: Do we have a date, Mr. Bird? Bird: That wasn't a motion, but -- Corrie: I know, but -- Bird: What would be -- I'd like to ask the staff and -- Shari, what kind of a date? A couple of weeks? Three weeks to -- Stiles: Could we bring it back on April 2nd? Bird: April 2nd Stiles: Would that work? Bird: That would be fine with me. Is that fine with -- that will give you and Christy and their staff and our staff and Mr. Nichols time to look at this? Stiles: Yes. Bird: Okay. Mr. Mayor, I would make that as a motion, then, that we table Items M, N, and O, the Kodiak Development Items, until April 2, 2002. Meridian City Council Meeting March 5, 2002 Page 15 Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? I guess I have one question. Mr. Nichols, is there anything new that will be brought into this? If so, do we not need a Public Hearing? Nichols: Mr. Mayor and Members of the Council, I don't know yet if there is something new to be brought in. I mean there is at least the possibility of some new stuff brought in and I would expect that would be part of what staff would come back to you with is whether this should be reconsidered and, if so, whether to schedule another Public Hearing for it. Corrie: Any other further discussion? Then it would be -- the motion is to table until April 2, 2002, with staff and attorney and ACRD staff to get together. All those in favor of that motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES H. Findings of Fact and Conclusions of Law for Approval: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: Corrie: Now we have Item H, which was pulled off. This is a request for a Preliminary Plat on Sundance Subdivision to hold off for some additional information from staff. Shari? Stiles: Mr. Mayor and Council, we did receive a Position Statement from the applicant's representative today. We do agree .with that Position Statement, specifically on the Preliminary Plat finding on Page 5. Corrie: Shari, I don't think that -- I don't have it. None of us have received this. Stiles: Oh, the Position Statement? Well, if I can explain the requested changes to you. Corrie: We have got one copy. Okay. Everybody got it. I will look on Mr. Nary's. Okay. Sorry, Shari. Stiles: Page 5, the first paragraph line eight that begins with process. The next two sentences should be removed. That's discussing that it's premature to annex the proposed subdivision and since this is being approved -- or you have approved it -- with the findings you will be approving it that would need to be removed. Also on Page 6, Paragraph 12, that paragraph should be stricken in its entirety, because it -- one, it Meridian City Council Meeting March 5, 2002 Page 16 relates to the Conditional Use Permit and upon your approval of the Findings of Fact and Conclusions of Law it would indicate that you are approving the project as presented and would not require those changes. If you will remember, we did discuss having a pedestrian bicycle connection to the office complex and the Council did approve that plan with the access to Meridian Road with a pedestrian walkway. With those two changes, we would recommend approval of the Findings for Item H. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got one question. When did -- when did Briggs Engineering and their applicant get this Findings? We just got these in our box today, this back, and we have been trying to enforce that if we get it on the day of the deal we are not going to act upon it. Do you know when the Findings -- when they got the Findings? Stiles: I couldn't speak to that. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, they could not have gotten them any sooner than the day the Clerk received them, which was February 28th. They got them that day or the next day. Thursday. Bird: Thursday. De Weerd: Mr. Mayor? Corrie: Go ahead, Mr. Berg. Berg: Thank you, Mr. Mayor, Members of the Council. We may have received them, but we prepare the packets on Friday and we don't make the phone calls until Friday afternoon. It is probably a possibility they didn't even get to pick them up until Monday. Just in regard to the applicant, there is three parts to this project and it deals with annexation, Preliminary Plat, and the CUP. There are several documents they had to read through to analyze some of these corrections. Corrie: Mrs. de Weerd. De Weerd: Well, my comment was that these are actions that we have taken and the process of approving them, so there is no reason not to. Bird: Oh, I know that, but -- Meridian City Council Meeting March 5, 2002 Page 17 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Okay. Well, I will make a motion to approve the Findings for the request for a Preliminary Plat of 214 single family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres for the proposed Sundance Subdivision. To include the changes as discussed on Page 5, part of Item Number 3, to strike the two sentences starting it is found that and ending with the existing city sewer system and on Page 6 to delete Item Number 12, ask the Mayor to sign and Clerk attest. Bird: Second. Corrie: Okay. Motion made and seconded to approve the Preliminary Plat, to include the changes and staff comments. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried for the Preliminary Plat. MOTION CARRIED: ALL AYES Item 6: Ordinance No. : AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Larry Maurer -south of East Franklin Road and east of South Locust Grove: Corrie: Item Number 6 is an Ordinance, Number 02-938, request for Annexation and Zoning of 4.25 acres from RUT to a C-N zone for an LDS Church by Larry Maurer, south of East Franklin Road and east of South Locust Grove. Mr. Clerk, if you will read Ordinance Number 02-938 by Title only at this point. Berg: Thank you, Mr. Mayor, and Members of the Council. Ordinance Number 02-938. An Ordinance finding that certain land to be known as LDS Church south of East Franklin Road and East of South Locust Grove Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Neighborhood Business District (C-N); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Meridian City Council Meeting March 5, 2002 Page 18 Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: All right. You have heard the reading of City of Meridian Ordinance 02-938 by Title only. Is there anyone from the public that would like to have it read in its entirety? Hearing none, I will entertain a motion from Council on Ordinance Number 938. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve Ordinance Number 02-938. Bird: Second. Corrie: With suspension of rules? Bird: Suspension of rules. McCandless: With suspension of rules. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 938 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Bird: All ayes. Motion carries. Mr. Mayor, if I may make a note that if you will notice at the end of the Ordinance the attorney has prepared the information as Mr. Nary pointed out, so on every Ordinance we will have the first, second, third and the option of the suspension of rules. MOTION CARRIED: ALL AYES Item 7: Ordinance No. : AZ 01-023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Corrie: Thank you. Item Number 7. This is an Ordinance, request for annexation and zoning of 5.97 acres from RUT to an R-4 zone for proposed Inglenook Subdivision by Providence Development Group, LLC. Ordinance Number 02-939. Would the Clerk, please, read Ordinance Number 02-939 by Title only at this time? Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-939. An Ordinance finding that certain land to be known as Inglenook Subdivision located at Meridian City Council Meeting March 5, 2002 Page 19 2720 South Locust Grove and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho and finding that the owner has made a request for annexation in writing to the Council. That said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4); and declaring that said land, by proper legal description as described below, be a ,part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho. Directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 02-939 read by Title only. Is there anyone present who would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance Number 02-939. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approved Ordinance Number 02-939 with suspension of rules. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 03- 939 with suspension or rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried on the Ordinance. MOTION CARRIED: ALL AYES Item 8: Ordinance No. RZ 01-007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: Corrie: The next item is Item Number 8, Ordinance Number 02-940, which is a request for rezoning of 3.35 acres from R-8 to C-C zone for Sol C. Yaun by Hubble Engineering. Mr. Clerk, could you read Ordinance Number 02-940 by Title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-940. An Ordinance finding that the Estate of Allen Gentry, owner of certain real property has Meridian City Council Meeting March 5, 2002 Page 20 made a written request for rezone of the zoning classification for real property that lies within the boundaries of the City of Meridian from R-8 (Medium Density Residential District) Zoning District to C-C (Community Business District) as defined under Meridian City Code Section 11-7-2 I, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the City Engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Corrie: You have heard the reading of Ordinance Number 02-940 by Title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-940. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-940, RZ-01-007, request for a rezone of 3.35 acres from R-8 to a C-C zone and ask for the suspension of rules. Bird: Second. Corrie: Motion has been made and seconded. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Mr. Clerk, on this one -- I noticed on this one it says Ordinance Number 01 and it's blank. Make sure it's -- MOTION CARRIED: ALL AYES Item 9: Ordinance No. : AZ 01-024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: Corrie: Okay. Item Number 9 is an Ordinance requesting for annexation and zoning of 4.0 acres from M-I to I-L zone for Idaho Trucking Specialties by Victory Properties, LLC. Be Ordinance Number 02-941. Ask the Clerk to read that Ordinance by Title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-941. An Ordinance finding that certain land to be known as Idaho Truck Specialties located on the northeast corner of Eagle Road and Commercial Court and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Light Industrial District (I-L); and declaring that said land, by proper legal description as described below, be a Meridian City Council Meeting March 5, 2002 Page 21 part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. Corrie: You have heard the reading of Ordinance 02-941 by Title only. Is there anyone present that would like to hear the Ordinance in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-941. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Ordinance 02-941 and, additionally, pursuant to Idaho Code 50-902 we also suspend the reading of the rules. McCandless: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 02-941 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion carried on Ordinance Number 02-941. MOTION CARRIED: ALL AYES Item 10: Ordinance No. : AZ 01-020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson -east of North Meridian Road and south Of East Ustick Road: Corrie: Item Number 10, proposed Ordinance Number 02-942, request for annexation and zoning of 3.58 acres from R-1 to R-8 zone for proposed Silhouette Subdivision by Tyler Torkelson, east of North Meridian Road and south of East Ustick Road. Mr. Clerk, if you would read Ordinance Number 02-942 by Title only, please? Berg: Thank you, Mr. Mayor, and Members of the Council. Ordinance Number 02-942. An Ordinance finding that certain land to be known as Silhouette Subdivision located east of North Meridian Road and south of East Ustick Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho. Finding that the owner has made a request for annexation in writing to the Council and Meridian City Council Meeting ~ • March 5, 2002 Page 22 that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8); and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho. Repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho and directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance 02-942 by Title only. Is there anyone in the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on the Ordinance 02-942. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-942, annexation and zoning of 3.5 acres by Silhouette Subdivision with suspension of rules. McCandless: Second Corrie: Motion has been made and seconded to approve Ordinance Number 02-942 with suspension of rules. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Ordinance is approved. MOTION CARRIED: ALL AYES Item 11: Tabled from February 19, 2002: FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC -east of North Black Cat Road and south of West Ustick Road: Corrie: Item Number 11 was tabled from February 19, 2002, which is a request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC. This was requested to be tabled for this meeting by Mr. R. Scott Stanfield so that they could be here to comment. Staff comments, please. Stiles: Mr. Mayor and Council, this is for what was originally approved as Autumn Faire Subdivision. This phase of the plat is the area north of the Sky Pilot Drain. They have Meridian City Council Meeting ~ • March 5, 2002 Page 23 modified the plat slightly to make some larger lots and we have prepared comments for your review and we would recommend approval with all staff and agency comment. Corrie: All right. Is the representative here this evening? Stanfield: Mr. Mayor and Council Members, I'm Scott Stanfield of Earl and Associates, 314 Badiola in Caldwell, and I'm here to say we support all the conditions required and we don't have any problems or issues with it. Corrie: Okay. Very good. Any questions from the Council? Okay. Then I will entertain a motion for the request for Final Plat for Tricia's Subdivision No. 3. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve FP 02-001, request for Final Plat approval of 56 building lots and 3 others lots on 16.97 acres in an R-4 zone by Tricia's Subdivision No. 3 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order and to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat on 02- 001,according to the motion. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Is it Tricia's Subdivision? Is that what it is? Stiles: Yes. Corrie: Any other discussion? Then, Mr. Berg, roll-call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Request for Final Plat has been approved. MOTION CARRIED: ALL AYES Item 12: Continued Public Hearing from February 19, 2002: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Meridian City Council Meeting • March 5, 2002 Page 24 Item 13: Continued Public Hearing from February 19, 2002: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Item 14: Continued Public Hearing from February 19, 2002: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: Corrie: Item Number 12, 13, and 14 is a Continued Public Hearing from February 1 gtn Item 12 is a request for annexation and zoning by Berkeley Square Subdivision, Item 13 is a Continued Public Hearing on the Preliminary Plat, Berkeley Square Subdivision, and Number 14 is a Conditional Use Permit for a Planned Development, townhouses, for Berkeley Subdivision. At this time, with the Council's approval, I will open all three, continue the -- Item 12, 13, and 14 and enter any testimony tonight to be on all three on the record. At this time, I will continue the Public Hearing and staff comments first. Stiles: Mr. Mayor and Council, this is for the property on Ten Mile Road. It's located immediately east of the Chaparral Elementary and it also touched the corner of what was previously approved as Valerie Heights. If you will recall at the last meeting there were some issues regarding the Uniform Fire Code and the Fire Department's issues with the proximity of the units to each other. They are proposing that the five foot per story setback be waived as part this Planned Development and that they be allowed to have the two story buildings built to -- within 10 feet of each other. I believe you have a memo from either Dave McKinnon or Joe Silva. He did meet with Joe Silva. Mr. Silva did not find anything in the Uniform Fire Code that would prevent such an approval. However, the applicant is not guaranteed an approval of the requirements of the ordinance for which he requests a waiver. If you will also recall, they had originally come in with a plan that showed areas with common open space as part of the interior islands of the roadway. They were also proposing aone-way street configuration. This was the changed plat after attempting to meet all conditions of all the agencies. They are proposing five-foot frontages for all of these lots, which would yield this 20 foot shared driveway for the unit. I believe that's all the additional information I have and I'm not sure where to go with this one. Corrie: Okay. Any questions of staff at this point? Bird: I have none. Corrie: Mr. Wardle. Wardle: Good evening, Mayor. Meridian City Council Meeting • • March 5, 2002 Page 25 Corrie: Raise your right hand. Is the testimony you are about to give here tonight the truth, the whole truth, and nothing but the truth, so help you God? Wardle: It is. Corrie: Thank you. Name and address, please. Wardle: For the record, my name is John Wardle. My address is 50 Broadway Avenue in Boise. Thank you for letting me come this evening and I noticed that we started a little bit earlier than we did last time, so let's hope this will be better. Corrie: You still have three minutes. Wardle: Three minutes. Tonight the project before you is Berkeley Square. It's 4.83 acres and we have a project with 35 single family detached homes. It's -- originally it was proposed as a townhouse project, but it's a detached single-family project now. Before you, you have an application for annexation and rezone and a Conditional Use Permit for a Planned Development. As Shari described, our project is located on Ten Mile Road. We are adjacent to Chaparral Elementary School and we are fronting on Ten Mile Road. A couple things to bring up. We have a common area dedicated -- proposed to be dedicated adjacent to Chaparral Elementary School. We are going to put a micropath connection to the elementary school and work with the school district, they were supportive of that. We found that the neighbors across the street are also happy to see that there is a more direct connection to that elementary school. We have proposed a stub street to the north for future access, cross-access into that project, and also the project does have five common driveways that a number of the homes will share to take access to the main street coming through. We -- at the last Public Hearing there was some questions about fire. It turned out fire had not received a copy of the plan. We met with Mr. Silva and in your packet this evening we have provided you with a memo. We worked through some issues with him on fire safety issues and we are in agreement with the memo that's in front of you this evening. We can work with those and address those concerns. Also provided to you were a rendering and a site plan depicting the setbacks and how the building footprint would work. For the record, the plan that we have, the houses that we are proposing will fit on those lots within the envelope that's depicted there. Yes, we are proposing afive-foot setback with no additional setback per story. As it was noted in Mr. McKinnon's memo to you, these setbacks are not uncommon in the City of Meridian, they have been approved in Woodbridge, it was noted that they were proposed in Kodiak, which is still up for, I understand, some further review. They have also been approved -- I believe they were approved in some phases of Bridgetower, as well as Thousand Springs. It's not uncommon to see this. We do meet the standards both for USC and DVC. We don't think it's an unreasonable request to have ten feet of separation between structures in this location. We have had an opportunity to review the Findings of Fact and Conclusions of Law as written up by staff, by your City Attorney. At the last Public Hearing, I addressed a couple of those. In Case Number AZ 01-021, which is the annexation, the applicant -- we concur with all the Findings of Facts and the Meridian City Council Meeting March 5, 2002 Page 26 recommendation as were listed in the -- in that memo from your City Attorney. In Case Number PP 01-022, which is Item Number 20 of the February 19th City Council meeting, just a couple clarifications. On Page 1, Number 2, the owner of record, the subject is Jake Centers. That was mis-correctly -- or misstated in that. Also, in Number 1, on Page 1, Number 7, the applicant proposes to develop the subject property in the following manner. 35 building lots and 15 other lots. Looking through the CUP 01-040, we are in agreement with the Findings of Fact and Conclusions of Law and, as I stated last time, there was some -- I wanted some clarification on whether the setbacks were addressing that issue or whether they were addressed in the staff report as we proposed them and if that was sufficient. We feel that this is a good project. It will provide a type of housing -- although it wasn't a townhouse project, but a product that will be well designed, well built, and we are excited to get the project moving forward to development in the next six months, if not sooner. I'll stand for any questions that you might have for me or I would take an opportunity for rebuttal at the end of the Public Hearing. Corrie: There goes your rebuttal if we don't have any --okay. Wardle: Thank you. Corrie: Thank you. Is there anyone from the audience that would like to enter testimony at this time on this project? Okay. Hearing no comments, Council, any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we close the Public Hearing. McCandless: Second. Corrie: Motion has been made and second to close the Public Hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion? All right. We'll take them one at a time here: Item Number 12 is the request for annexation and zoning, Number AZ 01-021. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting March 5, 2002 Page 27 Nary: I would move the approval of the request for annexation and zoning of -- I guess it would be AZ 01-021 of 4.83 acres from RUT to R-8 zone for the proposed Berkeley Square Subdivision at 1025 North Ten Mile Road. Bird: Second. Corrie: Motion has been made and seconded to approve the request for annexation and zoning on AZ 01-021. Nary: I guess I need to clarify and for the attorney to prepare Findings of Fact and Conclusions of Law and the appropriate papers. Bird: I agree. Corrie: Second agrees. All right. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess just one editorial comment and that would be I much prefer the first plan and it's very unfortunate that our ordinances doesn't support it, but it was much more pleasing to the eye or something than this, but this meets all of our requirements and ordinances, so I just had to say it, though. I do appreciate your first attempt. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I did also forget in the motion to approve the annexation that that would also include all the comments by the Fire Department as well. They are included in the staff comments, but -- Bird: That -- yes. The second agrees. Corrie: All right. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 12 is a request for annexation and zoning -- excuse me. For the Preliminary Plat 01-022 of 34 building lots and 7 other lots on 4.83 acres. Meridian City Council Meeting March 5, 2002 Page 28 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of Item PP 01-022, request for Preliminary Plat for 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision, 1025 North Ten Mile. To include all staff comments and to include the Fire Department's as well, with regards to the plat, and all the appropriate paperwork to be prepared in conformance with that. De Weerd: Second. Bird: Second. Corrie: Okay. Motion has been made to approve PP 01-022, Preliminary Plat, with all staff comments and the attorney to draw up the proper paperwork. Any discussion? Hearing none, Mr. Berg, roll-call vote, please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved for the Preliminary Plat. MOTION CARRIED: ALL AYES Corrie: Item Number 14 is the CUP 01-040, Conditional Use Permit for a Planned Development for 34 townhouses in the Berkeley Square Subdivision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I move the approval of CUP 01-040, request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for the proposed Berkeley Square Subdivision at 1025 North Ten Mile. To include all staff comments, including the Fire Department's comments and the staff and prepare all appropriate paperwork. McCandless: Second. Corrie: Motion has been made and seconded to approve the Conditional Use Permit on a Planned Development of the Berkeley Square Subdivision, to include all staff comments and the attorney to draw up the paperwork. Further discussion? Hearing none, roll-call vote, Mr. Berg. Bird: Mr. Mayor, before you start your roll-call vote. Meridian City Council Meeting March 5, 2002 Page 29 Corrie: Okay. Bird: May I interject something on the motion? I think -- it states in here -- and I don't know what it would do in our motion, but it's for 35, not 34 townhouses is that not right? Wardle: For the record John Wardle. It's 35 single-family homes. They are not townhouses. Bird: Okay. Thirty-five single family. Nary: I'm sorry. I will change that. Thirty-five single-family homes to be constructed. Corrie: Thank you, Mr. Bird. Okay. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion approved for the Conditional Use Permit for a Planned Development for 35 single homes in Berkeley Square Subdivision in an R-8 zone. Bird: Mr. Mayor, before we go any farther, can we get a clarification also? Corrie: Okay. Bird: On the -- and I'm sorry to -- on the Preliminary Plat that's 35 building lots, instead of 34 also am I not right? Corrie: Okay. I think that's okay. Yes. Thank you. MOTION CARRIED: ALL AYES Item 15: Public Hearing: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC -south of East Leslie Drive and west of North Eagle Road: Corrie: Okay. Item Number 15 is a Public Hearing, request for a Conditional Use Permit for a building structure to be used as a daycare center in an L-O zone for Dreamland Education Center. I will open the Public Hearing on the request for a Conditional Use Permit and invite staffs comments first. Stiles: Mr. Mayor and Council, this is for a daycare known as Dreamland Education Center. They currently have a facility on Franklin Road, the Castle, if you may be familiar with that. They have -- they are proposing two lots within the John Barnes Development on Eagle Road to be used as a daycare. I'm not sure why the road shows up as it is now on this plat. I thought this plat actually showed a public road going to it, but there may be some error with the data that we have. We have prepared comments Meridian City Council Meeting • March 5, 2002 Page 30 for this application. Dave McKinnon has been in contact with the Architect, Larry Knopp this afternoon. He is in total agreement with all of the comments and we would ask for your approval with all staff and agency conditions. Corrie: Any comments from Council for staff? Is the developer here? Actually, the request for the daycare center -- is the testimony you're about to give here tonight the truth, the whole truth, and nothing but the truth, so help you God? Knopp: It is. Corrie: Thank you. Knopp: Mr. Mayor and Members of the Council, my name is Larry Knopp, 355 South Third Street, Boise. I'm the Architect on the project representing the applicant. We have reviewed all the conditions with Planning and Zoning and we are in concurrence with all of them. Corrie: Any questions of Mr. Knopp? Okay. Very good. Thank you, sir. Is there anyone else from the public that would like to issue testimony on this request? Okay. Hearing none, any other comments from staff or Council at the Public Hearing? Hearing none, I will entertain a motion to close the Public Hearing at this time. Bird: Mr. Mayor, I move we close the Public Hearing for the Conditional Use Permit on CUP 01-042. De Weerd: Second. Corrie: Seconded by Mrs. de Weerd. Further discussion? All those in favor of the motion say aye. Opposed no. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request for Conditional Use Permit? Hearing none, I'll entertain a motion, then, on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the request for a Conditional Use Permit for a building structure to be used as a daycare center in an L-O zone for Dreamland Educational Center by Monvand Enterprises, LLC. South of East Leslie Drive and west of North Eagle Road and for the attorney to draw up the proper papers with staff comments. De Weerd: Second. Meridian City Council Meeting • March 5, 2002 Page 31 Corrie: Okay. Motion has been made and second to approve the request for a Conditional Use Permit and to include all staff comments and for the attorney to draw up the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion has been approved. MOTION CARRIED: ALL AYES Item 16: Public Hearing: CUP 01-044 Request for a Conditional Use permit for a 92 room hotel, one single story office building and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC -southwest corner of Allen Street and Gentry Way: Item 17: Public Hearing: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. -southwest corner of Allen Street and Gentry Way: Corrie: Item Number 16 and 17 is a request -- Item Number 16 is a request for a Conditional User Permit fora 192 room hotel, one single story office building, and one two story office building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center, LLC, the southwest corner of Allen Street and Gentry Way. Item Number 17 is a request for a Public Hearing for a Preliminary and Final Plat on the same three building lots on 4.1 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers. At this time, I will open the Public Hearing on Items 16 and 17 and invite staff comments first. Stiles: Mr. Mayor and Council, this is for property that was formerly annexed and approved under a Conditional Use process for Sonntag Eye Associates. They have since changed their plans and that is why the property is available for this proposal. The Development Agreement was very specific in its requirements. What was approved was a single 60,000 square foot medical facility, medical office building, and while in other instances we would request that that amendment be formally made prior to approval of the Conditional Use Permit, we don't feel that the needed amendment is enough significance to hold them up, if that's what the Council desires to do. They would need to amend it so that the specific uses were allowed and -- which would be the 92 room hotel, the single story office building, and the one two-story office building, primarily due to the fact there aren't any adjacent neighbors that have voiced any concern over the project and all of the area is scheduled to be approved as something other than strictly residential. I'm not sure how Legal Counsel feels about that recommendation, but I guess we would need to get his advice, if you even understood what I said. It was a long, drawn-out sentence. In the Position Statement -- we did Meridian City Council Meeting • March 5, 2002 Page 32 receive a Position Statement from the applicant and it's opposing only one item on the application and that would be the need for across-access on the property, as they are putting that as a specific note on the plat. Once it is recorded it will be across-access, so we didn't need a second document prior to the signing of the Final Plat. Corrie: I guess, Shari, if I may interrupt you just a second. I don't know. Does Council have that request from them? Did it come in today? Stiles: Yes, it did. Corrie: Do we have that, Mr. Berg? I don't and I don't think that Council does. We have a facsimile from David. That's all we have received. Stiles: Could I detail that for you, then, and -- to show exactly what they requested to be changed or -- Corrie: Does this you say? Stiles: I'm sorry I don't have a copy of that before me. Corrie: This is from -- Stiles: Tom South. Corrie: Yes. It's from David -- Elroy and David McKinnon. Stiles: Oh, that was regarding the trees. Yes. Corrie: But we don't have the other one that you just talked about. Stiles: Yes. I have that one. That was regarding the mitigation for the trees that they were having to remove. Corrie: Okay. Stiles: What the applicant representative has requested would be on Page 2 of the recommendation for the Preliminary and Final Plat. Bird: Page 2? Corrie: Okay. Stiles: And that would be under Item A-5. Corrie: Okay. Meridian City Council Meeting • March 5, 2002 Page 33 Stiles: We would ask that that be amended, just for clarification, to read, the applicant shall provide a recorded cross-access easement among the parcels for the shared parking and driveway access to the public streets. Since that will be a part of the actual plat and will be recorded as part of that document, that would be sufficient to meet those -- the request of the city and the Ada County Highway District. This is showing the elevation of the Hampton Inn Hotel and those are the offices, the two-story office, and the one story office. Staff would recommend approval of this application with the staff and agency comments and with the change to the recommendation as stated. Corrie: Any questions of staff? Bird: I don't have any. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Shari, I'll ask the applicant as well, but I notice in the comments that there wasn't any signage requested at this juncture is that right? Stiles: We have seen no details of any signage. Nary: Because isn't this immediately adjacent to the existing hotel that's there, the Holiday Inn Express? Stiles: It's across the street. Nary: Across the street. So they are not -- one is not blocking the other one? Stiles: No. No. They are both located on the on-ramp there from Eagle Road. Maybe you can see it better -- I don't know if I have the vicinity -- Nary: They are not next to each other? Stiles: No. The Holiday Inn Express is located right here. Nary: Okay. Stiles: This would be the Hampton Inn. There are showing the siding of the apartment complex at the rear. Nary: Right. Stiles: And then the office buildings would be here. Meridian City Council Meeting March 5, 2002 Page 34 Nary: Well --okay. It is -- well, my concern is that from Eagle Road is the Hampton Inn obstructed by the Holiday Inn Express? Stiles: It will probably more obstructed by the Eagle professional buildings that are there, the two story office buildings. Nary: That's if you're coming from the north of that. Stiles: Yes. Nary: If you get off the freeway -- the reason I ask this is the Hampton Inn and Fairfield Inn in Boise have the same problem where one obstructs the other. Stiles: And they are fighting for signage or -- Nary: And there is always a discussion over signage, because one wants a higher sign than the other one, because you can't see it from the freeway. Once you get off the freeway -- you can see them from the freeway. Once you get off the freeway, you can't see them to know that's your access point to get to the hotel. It looks like that wasn't part of the discussion and I'm just not sure they haven't submitted that and I guess I'm just a little concerned about that, that we will be debating that issue in the future. Stiles: They haven't submitted an application for a sign program. I believe that would be forthcoming for all three buildings. They do know what the Sign Ordinance requires, have not requested any variances, and hopefully don't propose to. Nary: I also noticed that on the recommendation from the Planning and Zoning Commission on Page 3, Number 7, it says that the -- it says, however, should the Commission or Council determine the buffer should be located entirely on the applicant's property, they need to do a redesign of the site and the Landscape Plan. What exactly was the recommendation from the Commission? They asked to not -- to only provide half. Stiles: They have requested that as part of the Conditional Use Permit for a Planned developmental. The staff would support that, due to the fact that the residential uses are not likely to remain there and when the adjoining property comes in they would -- the adjoining property would only be required to have afive-foot setback for the landscape. Nary: What I was asking was what was Planning and Zoning Commission's recommendation? Stiles: It says they support the reduced landscape buffer. Meridian City Council Meeting March 5, 2002 Page 35 Nary: Right but it says, however, should the Commission or the Council determine the buffer should be located entirely -- so I'm saying is that what the Commission recommended? Stiles: I'm not sure how this reads, because it's talking about the Planning and Zoning Commission supporting it, but it says, however, should the Commission or Council determine. I believe that's part of the staff comments. Nary: Right. That's my point. Which is it? So is it -- Stiles: I would imagine that they approved -- Nary: -- the recommendation of the Commission? Stiles: I believe it is a recommendation of the Commission. Otherwise, it would require a revision of the entire site plan. Nary: Okay. So the Commission's recommendation was to allow the reduced buffer? Stiles: Yes. Nary: Okay. Thank you. Corrie: Any further questions? Okay. Is the applicant here this evening? Raise your right hand, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Steele: It is. Corrie: Name and address, please. Steele: Mr. Mayor, Members of the Council, my name is Wes Steele, representing the Meridian Hampton Center Partners, LLC. Address 1250 East Iron Eagle Drive in Eagle. We have reviewed staffs conclusions and recommendations and other than the point of clarification for the cross-access, we have no other problems with those conditions and concur with them. I would clarify any of those others questions we just talked about if you would desire or -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I think it's a little odd to ask for a hotel and not tell us where the sign is supposed to go. Usually -- I guess my perception is that that all should be done at the same time. Where is the sign -- is the building oriented towards the freeway? Meridian City Council Meeting March 5, 2002 Page 36 Steele: Yes, it is. Nary: So the sign is intended to be oriented towards the freeway as well? Steele: Yes. Nary: Okay and so the access road on Gentry off of Eagle, how are people going to see it? Steele: Shari, can we back up to -- one more. Stiles: Oh, to the elevation? Steele: Well, we'll get to that in a second. There is -- there is a sign shown on the elevation. It most likely will come in as part of the sign program that will be visible from the freeway on the building. There will be some monument signs that will be proposed. There were -- on the site plan there were indicated two locations for where those small monument signs would be. We are not going to come in and request an 80-foot high pylon or anything like that. Nary: That's all I wanted to hear. Steele: If we could go back to the -- there is one site plan that shows a little bit more of what happens. I'm not sure which one it was. Just go back to the vicinity, Shari, if you would, please. Actually, the way the site is accessed is from Eagle Road and then you have to come down Magic View and down Allen Street. Gentry is a dead end, you can't get onto it, you can only get onto it from Allen. Frankly, what our clients feel is going to happen is westbound traffic -- or, excuse me, eastbound traffic will see the Hampton Inn first and come off of the freeway. Westbound traffic will see the sign for the Holiday Inn Express, they will come off on Magic View, they will come to Allen Street, and they will actually encounter the Hampton Inn first. Frankly, we are not concerned about it. Nary: You know we are going to hold you to that. Steele: I know you -- Nary: I know those issues come up many, many times with the Hampton Inn and the Fairfield Inn in Boise. Steele: No. Our client is a different owner than the Hampton in Boise, so we don't expect that to be an issue. Nary: Okay. Steele: Do you need any further clarification on that ten foot buffer or is that clear? Meridian City Council Meeting March 5, 2002 Page 37 Nary: No. Corrie: Have you seen the request that Elroy Hoff and Dave McKinnon have said about the trees? Bird: Yes. We were trying to get that done a little sooner, but we had a little trouble getting a hold of Elroy, so we don't have any problem with the mitigation of that. We think we can actually save three of those existing trees and I think we have got to mitigate four, so that's not a concern either. Corrie: Anything else? Questions? Thank you. Steele: Thank you. Corrie: Thank you. Is there anyone from the public that would like to issue testimony on this request? Hearing none, Iwill -- does Council have any other comments for the Public Hearing? If not, I will entertain a motion to close the Public Hearing on the CUP request and also for the Preliminary and Final Plat. De Weerd: So moved. Nary: Second. Corrie: Motion has been made and second to close the Public Hearing on CUP 01-044 and Public Hearing on PFP 01-010. Any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion? Okay. Hearing none, I will entertain a motion, then, on the request for Conditional Use Permit for the 92 room hotel, one single story office building, and one two story office building for Hampton Inn. De Weerd: Mr. Mayor'? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for a Conditional Use Permit for Hampton Inn Hotel and ask the City Attorney to draw up Findings of Fact and Conclusions of Law and Decision of Order and to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and second to approve the request for Conditional Use Permit with the motion and all staff comments. Any further discussion? Meridian City Council Meeting March 5, 2002 Page 38 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess that I would have a question for the attorney at this point and Shari in her presentation mentioned an amendment to the Development Agreement allowing these particular uses. Do we need to pay attention to that during these motions or what is the practice for those amendments? Nichols: Mr. Mayor, Councilwoman de Weerd, Members of the Council, the Development Agreement probably ought to be amended just to clarify that for this particular parcel these uses are allowed and we can certainly do an addendum to the agreement that says such. Excuse me. Shari may have some additional comments. Stiles: What my question was, because of the way the Development Agreement reads, we have requested the applicant to submit a miscellaneous application for that amendment, because of the way the Development Agreement reads they are required to go through a Public Hearing process to amend an application -- to amend the Development Agreement. Nichols: Mr. Mayor, Members of the Council, they can go ahead and do that, but I think the reason for having that standard language in the Development Agreements is primarily where you have an allowed use that doesn't require going through a process where you have to have a hearing. We put that provision in the Development Agreement, so that if they want to put something in as an allowed use without a Conditional Use Permit or some sort of platting process that's going to require a Public Hearing, that they can't -- I mean they are limited to what those particular uses are. In this particular case you had the hearing in front of the Planning and Zoning Commission, you have had the hearing here on these particular uses, and I don't see anybody here to object. I would recommend that we can just go ahead and do it without actually having to put in a miscellaneous application, because of the fact that the public has been protected through these hearings on these other proposals. Stiles: Thanks. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Mr. Attorney, that -- and that can be done while they are going through with their Building Permit and that sort of thing correct? Okay. That's all I had. Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Council Meeting • • March 5, 2002 Page 39 Nary: So -- but in the future, Mr. Nichols shouldn't we amend the Development Agreement -- kind of like a rezone. Shouldn't we amend the Development Agreement, do a CUP, do a plat, do them all in conjunction, rather than like this? Shouldn't that be the proper process we follow? Stiles: They have already submitted an application. Corrie: I'm sorry. I didn't hear you, Shari. Stiles: I'm sorry. They have already submitted the application, the miscellaneous application. It's scheduled for the 26th of March. Nary: Because technically we really can't approve a Conditional Use Permit without amending the Development Agreement. Stiles: That's what I would think, yes. Nary: So we really should do them all together, properly. I mean I agree with what you're saying is that some of the public has had the opportunity to have a hearing, but process wise we seem to be putting the cart before the horse. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I agree in the ideal world we will have it all done at once, but the 26th is also anon-land use meeting and this is a land use -- it's already scheduled? Stiles: That was a special meeting that was going to start at 5:30 for Silverstone and also Hampton and also the name change for East First was prior to the meeting. Nichols: Okay. All right. I sit corrected. Corrie: Or you can stand. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my only purpose would be that we do it right and the right way to do this, then -- I don't know that it's going to delay anything to do this all on the 26th. We can continue these to the 26~' and do it all at once and then we are really following that properly like it should be. I don't know that that really delays any significant action on the part of the developer to be able to get this going, but at least we are following the process properly. Meridian City Council Meeting • • March 5, 2002 Page 40 Bird: I withdraw my second. Corrie: Okay. Second has been withdrawn. Excuse me. De Weerd: I will withdraw my motion. Corrie: Okay. De Weerd: Reluctantly, but anything for order. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move that we continue Items 16 and 17 to a date specific, to March 26tH since we have a special meeting already proposed and that way we can hear these items along with the request to amend the Development Agreement at the same time. McCandless: Second. Corrie: I guess I need some clarification here. We will continue the Public Hearing or table this until we include the Development Agreement? Nary: Well, I think we would -- I guess we would continue the Public Hearing. In theory, if someone were to show up, they'd certainly have the right to provide us testimony. If we close the Public Hearing now and we would open it on the Development Agreement, if it appears that we certainly need to reopen it as well if continue it and then we wouldn't have any process problems. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: If you don't -- we are either -- we either got to reopen the Public Hearing at this meeting right now or you table these two items until the 26tH and there will be no Public Hearing on these items. If you're going to -- if you're going to have them, then you would have to notice again. As I understand the motion was made, we are tabling these items until the 26th of March, 2002 is that right? Nary: Yes. Corrie: The motion -- Nary: Well, the motion actually was to continue the matter. I agree with what you're saying, Mr. Bird. I guess the only thing I would suggest, then, is that maybe we consider whether to simply reopen the Public Hearing and continue the matter, only Meridian City Council Meeting March 5, 2002 Page 41 because if for some reason between now and then someone decides that that Hampton Inn in that location is a problem and they decide to come and contest the Development Agreement Amendment, then they won't have the opportunity to provide input on the CUP and we may have to continue the entire matter again if we feel we need to. If we open it and continue it and no one shows again like what we have to this point, there is not harm, no foul, no one is going to be prejudiced, but we will just get it all done on the 26th and be done with it. I withdraw my motion and move to reopen the Public Hearings on Item 16 and 17, so that we can continue it. Corrie: Okay. Motion has been made to continue -- excuse me to reopen the Public Hearing on Item 16 and 17. Do I hear a second? McCandless: I will second. Corrie: Okay. Motion has been made and second. Any other discussion? Okay. The question is to reopen the Public Hearing on Item 16 and 17. All those in favor of the motion say aye. Opposed no. Then we will continue the Public Hearing. I will vote yea and so that we have this all done at one time. I think you're probably right we do need to clarify and do it right. We will continue this Public Hearing on Item 16 and 17. MOTION TIED: TWO AYES, TWO NAYES TIEBREAKER VOTE: THREE AYES, TWO NAYES Nary: Now I do the motion to continue the Public Hearings to a date certain of March 26th for our Special Meeting on Item 16 and 17, so we can hear the request to amend the Development Agreement. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion on the motion? Hearing none, all in favor say aye. All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES Item 18: Public Hearing: AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: Item 19: PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: Meridian City Council Meeting March 5, 2002 Page 42 Corrie: Item Number 18 and 19 is a request for -- Item Number 18 a request for annexation and zoning of 2.30 acres from R-1 to R-4 zones in the proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat. Item Number 19 is a request for Preliminary/Final Plat approval on 2 building lots on 2.38 acres in a proposed R-4 zone for the proposed Hearthstone Subdivision by Robert Lee. At this time, I will open the Public Hearing on both Items 18 and 19 and have staff comments first. Stiles: Mr. Mayor and Council, the applicant's representative has submitted a Position Statement. Do you have that in your packet? It was received by the City Clerks' office on March 4th. They are requesting changes due to the fact that they appealed or made some other arrangement with Ada County Highway District. The Ada County Highway District staff did change their report and have changed the conditions of approval for this development. We certainly would support any changes, I imagine, that the Ada County Highway District has recommended. It had to do with the U-shaped driveway. They were asking that one of those access points be eliminated due to the fact that there is a public roadway proposed just to the east of this development and the existing driveway would be around 13 feet from that new roadway. The property currently has the George Davis Construction site on it in this location. There is a sign out there. The applicant understands that prior to being annexed into the City of Meridian the nonconforming, uses need to be ceased and the signage needs to be removed. Any construction equipment, those types of things, will have to be removed prior to actually being annexed into city, so we don't have to deal with another nonconforming use upon annexation. This is the existing home behind the property that's proposed to be annexed. It is on a septic tank. It is adjacent Parkside Creek Subdivision. That would be the house -- the house is located back here. To the west, here is the Pintail Pointe Subdivision that has been approved and is currently constructed and Parkside Creek to the south. This is still the property zoned RUT in the county. All this -- the white area is all remaining in the county. They are proposing to split the lot into two lots to allow another home to be built on the property and I would like to ask Brad Watson to address the sewer issue with this plat. Watson: Mayor and Council Members, evidently the recommendation passed on by Planning and Zoning adopted Central District Health's recommendation that if this was granted R-4 status that both lots be connected to city sewer. Staff comments allowed the second lot upon which that new house would be built to not connect to city sewer and elect septic a system if Central District Health granted a permit. The Position Statement that was evidently received yesterday from the applicant states that Central District Health has -- that they have met with Central District Health and convinced them to change course and allow the septic system permit until such time as sewer is available. and that's fine, but we think it prudent to either get -- approve this contingent upon getting written confirmation of that from Central District Health or I guess continue it until we get that. We don't have any problem with it, just want something in writing confirming Central District Health's position. I think that's all, unless you have questions. Meridian City Council Meeting • March 5, 2002 Page 43 Corrie: Shari, go back to that one that shows those three lots. Next to that -- yeah. The two white and the white down below. Are these all connected to the road, some way to get in and out of them, since they are not connected on the east side? Stiles: There is an existing easement back to the existing home on the back portion here. That was the paved road that showed up in the photograph. Corrie: Yes. Stiles: This one is actually accessed through a roadway in Pintail Pointe and I believe probably has a stub coming from English Gardens. Corrie: Okay. Stiles: But, yes, the only access to this property I believe is through the easement going to Cherry Lane. Corrie: Okay. Any other Council comments? Questions? Okay. This is a Public Hearing. We'll have the developer at this point first. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Munger: Yes. Corrie: Name and address, please. Munger: My name is Matt Munger. I'm with Hubble Engineering. Our address is 701 Allen Street in Meridian. The conditions that the Planning and Zoning staff has on this, we concur with those, with the exceptions of the ones that were addressed in our Position Statement. I'd like a point of clarification on the Central District Health comment. The comment made by Central District Health was that it may be required and I believe that's also included in your Position Statement as a copy of that report from Central District Health and it was dated December 27, 2001. The other item that I would like to discuss briefly is Item 8 from the Position Statement and that is regarding the driveway for the existing home. The Davis residence currently has a U-shaped driveway. Staffs recommendation at ACHD was to eliminate one of those curb cuts. When we took this -- they appealed it to the ACHD Commission and they agreed with the developer that the Davis's shall be allowed to retain their U-shaped driveway until such a time as they make modification to their property, which would require a building permit. At that point, they would be required to provide a turn around on their site and eliminate one of the driveways. I believe the comment was if a street was to come in adjacent to that property, then when they did the Building Permit they would eliminate both curb cuts and would connect to that road. I would stand for any questions the Council may have. Nichols: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 44 Corrie: Mr. Nichols. Nichols: Mr. Munger, did you understand Mrs. Stiles' comments about nonconforming uses? Did you understand what that meant and what you have to do there? Munger: Yes. We -- I asked the applicant about that. The existing property is a residence. The gentleman that lives there has a business sign and it's not -- he doesn't conduct any business from there. As a matter of fact, I believe he's retired now so that's not an issue. Nichols: So removal of the sign would be acceptable to the applicant? Munger: Yes. Nichols: Thank you. Corrie: Mr. Jewett. The testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Jewett: Yes, it is. Corrie: State your name and address, please. Jewett: Jim Jewett, 3990 East Gentry, Suite 150, Meridian. I want to go on record saying I don't object to what he wants to do with his property, it's his property, and he has that right. I just have a few questions. Shari, if you could go to the plat. The location of the house and the circular driveway is in this location. The street across the street going into Golfview Subdivision lines up in here and I believe there is a public road that's being proposed to go right along that boundary. I just want to make note of it that if they have a circle driveway it will be next to the possible future public road and just wanted to make note of that, if you have a question on it, it would be noted. Along with that public road, the possibility of sewer will come with that public road. They are proposing septic. I don't have an objection to septic but I just wanted to note that that is a public road and it's most likely the sewer goes with it. The other issue I had is staff called me today and indicated that on the current Comprehensive Plan or the current text in the new Landscape Ordinance that this section of Cherry Lane is identified as entry corridor. Under the entry corridor, it requires a 35-foot landscape buffer and I just wanted to see if there is some clarification if this was, in fact, an entry corridor in this location. That's what staff indicated to me today and just would want clarification of that. They did agree that upon redevelopment any new permits that they would do away with that second circular driveway. For the record, I am the property owner to the east. Corrie: Okay. Anything else? Any questions for -- Bird: I have none. Meridian City Council Meeting March 5, 2002 Page 45 Corrie: Okay. Thank you. Anyone else have testimony at this time? If you'd come up to answer some questions here, that were raised. Circular drive, number one. You would do away with it after the street goes in? Munger: Yes. That was one of the conditions from ACHD was that upon application of a Building Permit for the lot -- I believe it's Lot 1, Block 1, that at that point the driveway goes away. Another clarification I'd like to make is this on the entry corridor. The 35- foot landscape buffer is a requirement here. One of the things that we requested from Planning and Zoning and is in their recommendation is to be allowed to put that in an easement, as opposed to a common lot, and that the Davis's existing landscape be allowed to retain -- be retained, as opposed to berming and losing the existing trees that they have in front of the house. Corrie: Okay. Anything else? Okay. Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess this is a question for Brad. It says that the septic system -- the sewer system is not available at this time. Is there any idea when it would be available? Watson: Councilman Nary, Mayor, and Council Members, it will be available when the property to the east constructs sewer adjacent to it, from what I understand from my briefing at about 4:30 this afternoon that's the situation. Nary: Okay. All right. Thank you. Corrie: Any other questions? Okay. Hearing no other questions for the Public Hearing, I will request the Public Hearing on the request for annexation and zoning be closed. I guess this is a request for Preliminary and Final Plat. This didn't show a Public Hearing. Was it a Public Hearing? Stiles: No, it was not. Corrie: It was not. Okay. So Item 18 I will request a motion to close the Public Hearing, Item Number 18. McCandless: So moved. Bird: Second. Corrie: Okay. Motion made and seconded to close the Public Hearing on the request for annexation and zoning of AZ 01-026. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting March 5, 2002 Page 46 MOTION CARRIED: ALL AYES Corrie: Okay. Any questions, Council, for Item Number 18? Okay. Then I will entertain a motion on the request for annexation and zoning. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approve the request for annexation and zoning of 2.30 acres from R-1 to R-4 zone for proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat Road, the attorney to draw up the proper papers. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for annexation and zoning 01-026 and for the attorney to draw up the proper papers. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Corrie: Item Number 19 is a request for Preliminary and Final Plat approval of 2 building lots on 2.3 acres in a proposed R-4 for Hearthstone Subdivision by Robert Lee. Any staff comments? Watson: Mr. Mayor and Council Members, just looking back or going back to my comments on this, I think that if we could do this contingent upon getting a written verification from Central District Health that they will allow a septic system permit on that second lot, that would be helpful. Corrie: Okay. Any other comments? De Weerd: I have none. Bird: I have none. Corrie: All right. I'll entertain a motion on the request for Preliminary and Final Plat approval. McCandless: Mr. Mayor? Meridian City Council Meeting March 5, 2002 Page 47 Corrie: Mrs. McCandless. McCandless: I move that we approve the request for Preliminary and Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee, southeast corner of West Cherry Lane and North Black Cat Road and for the attorney to draw up the proper papers. Corrie: Do you want to include the -- McCandless: Yes. Corrie: -- confirmation of the Health Department? Bird: I will second it then. Corrie: Motion and second has been made. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I'm assuming we are, then, incorporating the applicant's suggestion into those, too? McCandless: Yes. Corrie: Let the record show such. Okay. Any further discussion? Roll-call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Preliminary and Final Plat is approved. MOTION CARRIED: ALL AYES Corrie: Seeing that this closes the Agenda, I would entertain a motion to adjourn if there isn't anything further. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: If there is no other business, I'll move to adjourn. Bird: I would second that. Fall out of my chair. Meridian City Council Meeting March 5, 2002 Page 48 Corrie: Okay. All in favor say aye. All ayes. Motion is carried. Thank you. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 8:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: B T CORRIE, MA DATE ,~_ • r ,i f .n ~' ~~ TTESTED: ~~~ ~~ `~",~ ~ WILLIAM G. BERG, JR., IT CLERK 4 ~ r~" ,~ ,vjy~pu ~ ~ ~ ' ..+' ~' ~ a, "~ ~ M ~'~,~~, ~;: ~ .. r'' ~~~ Item Packet Pickup '7"T~ arc ~ - rv 3 : 6 a ~~1 ~t,~ 3/ S:~ r a/n ~/,/y_ 7/~~~r ~Z{Q ///~ /A~ 1 G~ ~rYO~ ~~ - ~. yo2 ~o. Yq ~'~~1rnp~~1 INS G~ ~~~ 3 : 1 ~ ~ - ~~~ ~ ~ 3 2 ~ y ~~,m ~~w v 3 ~ ~~ `~~ ` ,~~hD et ~ r/~/ 3 z z~' c • PUBLIC HEARING SIGN-UP SHEET • DATE 5-Mar-02 PROJECT NUMBER AZ 01-026 PROJECT NAME Hearthstone Subdivision NAME FOR AGAINST -~ ~ ~~ ~ - ,re5 P~ N /~feaJ'e~OOSf ~ /~~Tiz ,r~ohz~ ~ ~l ~r CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 5, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: B. Approve minutes from February 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest corner of East Corporate Drive and East First Street: D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: Meridian City Council Agenda -March 5, 2002 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at (east 48 hours prior to the public meeting. • F. Findings of Fact and Conclusions of Law for Approval: PP 00- 018 Request for Preliminary Plat approval of 264 building lots and 31 other lots on 99.82 acres in an R-4 zone for Revised Cedar Springs by Kevin Howell Development -northwest of North Meridian Road and West Ustick Road: G. Findings of Fact and Conclusions of Law for Approval: AZ 01- 012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: H. Findings of Fact and Conclusions of Law for Approval: PP 01- 015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development -northeast corner of East Ustick Road and North Meridian Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt - northeast corner of East Ustick Road and North Meridian Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 01- 025 Request for annexation and zoning of 7,83 acres from R-1 to C-G zones for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast comer of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: PP 01- 025 Request for Preliminary Plat approval of 31 building lots on 7.83 acres in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: CUP 01-043 Request for a Conditional Use Permit for High-Tech Fabrication, office, retail and Health Club in a proposed C-G zone for proposed Silverstone Corporate Center Phase II by Sundance Investments -southeast corner of East Overland Road and South Eagle Road: Meridian City Council Agenda - Mamh 5, 2002 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documems and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • M. Findings of Fact and Conclusions of Law for Denial: PP 01- 016 Request for Preliminary Plat approval of 28 building lots and 5 other lots on 5.4 acres in a proposed R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: N. Findings of Fact and Conclusions of Law for Denial: CUP 01- 029 Request for a Conditional Use Permit for a Planned Unit Development for a private RV storage and reduced lot sizes in an R-8 zone for proposed Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: O. Findings of Fact and Conclusions of Law for Denial: VAR 01- 019 Request for a Variance to exceed 1,000 feet maximum length requirement and to allow the public road being proposed to exceed 450 feet maximum length requirement in an R-8 zone for Kodiak Subdivision by Kodiak Development, LLC - 2435 South Meridian Road: P. Approve Application for Beer /Wine License by Lisa Fregoso for Tequila Grill Restaurante at 2031 E. Fairview Avenue Suite 103: 4. Department Reports: A. Public Works Department 1. Professional Services Contract with Interwest for WWTP UV, Grit Basin and Outfall Project: 2. Design and Construction Agreement with ACRD for Overland Road Bridge (ACRD Project No. 502005): 5. (Items Moved from Consent Agenda) 6. Ordinance No. AZ 01-019 Request for annexation and zoning of 4.25 acres from RUT to C-N zones for LDS Church by Larry Maurer -south of East Franklin Road and east of South Locust Grove: 7. Ordinance No. AZ 01-023 Request for annexation and zoning of 5.97 acres from RUT to R-4 zones for proposed Inglenook Subdivision by Providence Development Group, LLC - 2720 South Locust Grove Road: Meridian City Council Agenda -March 5, 2002 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 8. Ordinance No. RZ 01-007 Request for rezone of 3.35 acres from R-8 to C-C zones for Sol C. Yaun by Hubble Engineering Inc. - 725 East Fairview Avenue: 9. Ordinance No. AZ 01-024 Request for annexation and zoning of 4.0 acres from M-I to I-L zones for Idaho Trucking Specialties by Victory Properties LLC - 600 N. Eagle Road: 10. Ordinance No. AZ 01-020 Request for annexation and zoning of 3.58 acres from R-1 to R-8 zones for proposed Silhouette Subdivision by Tyler Torkelson -east of North Meridian Road and south of East Ustick Road: 11. Tabled from February 19, 2002: FP 02-001 Request for Final Plat approval of 56 building lots and 3 other lots on 16.97 acres in an R-4 zone for Tricia's Subdivision No. 3 by Autumn Faire, LLC -east of North Black Cat Road and south of West Ustick Road: 12. Continued Public Hearing from February 19, 2002: AZ 01-021 Request for annexation and zoning of 4.83 acres from RUT to R-8 zones for proposed Berkeley Square Subdivision by Wardle and Associates - 1025 North Ten Mile Road: 13. Continued Public Hearing from February 19, 2002: PP 01-022 Request for Preliminary Plat approval of 34 building lots and 7 other lots on 4.83 acres in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: 14. Continued Public Hearing from February 19, 2002: CUP 01-040 Request for a Conditional Use Permit for a Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: 15. Public Hearing: CUP 01-042 Request for a Conditional Use Permit for a Building Structure to be used as a Daycare Center in an L-0 zone for Dreamland Education Center by Monvand Enterprises, LLC -south of East Leslie Drive and west of North Eagle Road: 16. Public Hearing: CUP 01-044 Request for a Conditional Use permit for one 92 room hotel, one single story office building and one two story ofFce building in a C-G zone for Hampton Inn Hotel by Meridian Hampton Center LLC -southwest corner of Allen Street and Gentry Way: Meridian City Council Agenda -March 5, 2002 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Acryone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-0433 at least 48 hours prior to the public meeting. • 17. Public Hearing: PFP 01-010 Request for Preliminary/Final Plat approval for 3 building lots on 4.10 acres in a C-G zone for Hampton Inn Subdivision by Pinnacle Engineers, Inc. -southwest corner of Allen Street and Gentry Way: 18. Public Hearing: AZ 01-026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee -southeast comer of West Cherry Lane and North Black Cat Road: 19. PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: Meridian City Council Agenda -March S, 2002 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMA~ REPORT ** AS OF MAR 11 '02.12 40 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 03 03111 12 37 2088848929 G3--S 03'16" 005 041 OK -------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesdayr March 5, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd _~ Bill Nary Cherie McCandless ~ C~ Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: G,~~~ B. Approve minutes from February 26, 2002 City Council Regular Meeting: .L~~-v vier C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest comer of East Corporate Drive and East First Street: ~~rr~~..c.-. D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: l~~rmv~ E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 1D0.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: cvCr~ri^v rr"er Meridian Giry Counod Agenda -March 5, 2002 Page l of 5 All materials prcxntcd az public muctings shall bceomc propmy of the City of Meridian. Arryonc dcsiriag accommodation for disubelitie~ related W doptm¢ntsand/or hearing pleax conaq fire City Glcrlc's Office a< 888433 at Icast sd hours prior to the public tncering. ** TX CONFIRt~ON REPORT ** AS OF MAR 05 '02 14 35 PAGE.01 CITY OF MERIDIAN 09 DATE TIME TOiFROM 03105 14 33 2088886276 MODE MINiSEC PGS CMD#t STATUS EC--S 01'28" 005 217 OK CITY OF MERIDIAN' CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 5, 2002, at 6:30 p.m. City Council Chambers 1. 2. 3. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie Adoption of the Agenda: Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: B- Approve minutes from February 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for PreliminarylFinal Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest comer of East Corporate Drive and East First Street: D, Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for PreliminarylFinal Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: E. Findings of Fact and Conclusions of Law for Approval: A2 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: Meridian City Couna7 Agenda - Moroh S, 2002 Page t of5 Aft materiels proseafad at public maeting9 shall become property of the Ciry ofMeridlan. Myone desiring eocommoderion for disabilities related to documrelt and/or hearing please eoataet the Ciry Clerks O~oa ar BES~t33 at least 48 hours prior to the public moctieg :~= ** TX CONFIRM~~-a ON REPORT ** AS OF MAR 05 '~2 0908 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MIN/SEC PGS CMD#S STATUS 02 03105 09 07 376 2041 EC--S 01'28" 005 208 OK CITX OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 5, 2002, at 6:30 p,m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Bill Nary Cherie McCandless Keith Bird Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: B. Approve minutes from February 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest comer of East Corporate Drive and East First Street: D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building Tots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -- south of East Chateau Drive and east of North Laughbridge Avenue: E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: Meridion Ciry Council Agcnda - Motch S, 2002 Page 1 of5 All n+ataiels presented at public moorings shell bowmc property of the Ciry of Meridion. Anyone desiring accommodation for dlsobilitics rdated to documents and/or hearing Mcasc ooamct Ure Ciry Clerk's Office et 888.x433 ei Icest 48 houro prior to We public meding ** TX CONFIRt~N REPORT ** AS OF MAR 06 'eT~ 0958 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 29 03106 09 57 JIM JOHNSON ----S 00'00" 000 225 BUSY THIS DOCUMENT IS STILL IN MEMORY CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 5, 2002, at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd _~ Bill Nary Cherie McCandless _~C Keith Bird _~ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes from February 26, 2002 City Council Special Meeting: ~,~,p,,l, ~.,~ B. Approve minutes from February 26, 2002 City Council Regular Meeting: ~~.,,.,,~ C. Findings of Fact and Conclusions of Law for Approval: PFP 01-007 Request for Preliminary/Final Plat approval of 2 building lots on 1.46 acres in a C-G zone for Wenco Subdivision by Wenco -northwest comer of East Corporate Drive and East First Street: ~i~,-1.i..~ D. Findings of Fact and Conclusions of Law for Approval: PFP 01-008 Request for Preliminary/Final Plat approval of 4 building lots on 1.57 acres in an R-8 zone for Kearney Place No. 4 by Margaret Wood -south of East Chateau Drive and east of North Laughbridge Avenue: ~3y/rmv~er E. Findings of Fact and Conclusions of Law for Approval: AZ 00- 019 Request for annexation and zoning of 100.71 acres from RUT to R-4 zones for Revised Cedar Springs by Kevin Howell Development -northwest corner of North Meridian Road and West Ustick Road: ~p~~yrv ~;,~._ Meridian City Council Agenda-March 5, 2DD2 Pago 1 of5 All materials prosented a<public moorings shall beoomc propary ofthe City ofMeridiaa Aoyoos desirinB+aommodotion for disabilities reload to documentsand/or baring Please ceama the City Clerk's OtTice a< 888-a4i3 at 1caR 48 hours prior to the publio mcding. -__J BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-05-02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR WENCO SUBDIVISION (WENDY'S) OF 2 BUILDING LOTS APPROXIMATELY 1.46 ACRES IN A C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF CORPORATEDRIVE AND EAST 1ST STREET, MERIDIAN, IDAHO Case No. P/FP-O1-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT BY: WENCO, INC. The above entitled matter coining on regularly for hearing before the City Council on February 5, 2002, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the City Council having received a report from Bruce Freclcleton, Engineering Technician III, and David McKinnon, Planner for the Planning and Zoning Department, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINARY PLAT OF WENCO SUBDIVISION, A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. 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Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned C-G General Retail and Service Commercial District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 IC.] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 2 r1 LJ 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 Engineering Technician III are met 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which FINDINGS OF FACT AND CONCLUSIONS OF LAW. AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 3 • are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by "PRELIMINARY PLAT OF WENCO SUBDIVISION, A PORTION OF GOVERNMENT LOT 2, LYING IN THE NW 1/4, SECTION 18, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, DWG~2380-PRE, DRAFT: jdd, DATE: SEPTEMBER 2001, PROJECT NO. 2380-1, TEALEY'S LAND SURVEYING, WENCO (DALE NAGY) DEVELOPER/OWNER, AND PLAT OF WENCO SUBDIVISION, A PORTION OF GOVERNMENT LOT 2, SITUATED IN THE NW '/a, SECTION 18, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2001, PROJECT NO. 2380, SHEET 1 OF 2, 2380- PLT.DWG 09-12-01, TEALYE'S LAND SURVEYING", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner for Planning and Zoning, and Bruce Freclcleton, Engineering Technician III, dated December 18, 2001, listing 13 Site Specific Comments and 2 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of February 5, 2002, and the requirements are as follows, to- FINDINGS OF FACT AND CONCLUSIONS OF LAW t1ND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 4 Wlt: 1.1 Comply with the Deputy Fire Chief, Joseph Silva's requirements as follows: a. Provide afire-flow as required by the 1997 UFC Appendix III-A. Show all proximity hydrants within 500' of the project on the resubmitted plat. b. All access road corners will have to have 28' inside radius and 48' outside radius. c. The proposed buildings and uses shall comply with the 1997 UFC. d. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality: e. Final approval of fire hydrant locations shall be by the Fire Department. f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. g. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 1.2 Comply with Central District's Health Department Environmental Health Division, dated 11/23/01. 1.3 Adopt the ACHD Recommendations from their Revised Recommendations dated January 22, 2002, as follows: a. Dedicate 775-square feet of right-of-way on the northwest corner of East 1st Street and Corporate Drive. The dimensions shall provide a 775-square foot triangle. The triangle shall be a right triangle with right-of way from the southeast corner of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 5 • the property on East 1st extending 31-feet north of Corporate Drive. The right triangle on Corporate Drive shall be from the southeast corner of the property extending 25-feet west of East 1st Street. The right-of-way abutting the parcel shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. b. Dedicate 40-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The right-of-way purchase agreement shall be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. c. Construct aright-in/right-out, left-in driveway located approximately 140-feet north of Corporate Drive. Left-turns out of the site are not permitted. Install an on-site sign that states "LEFT TURNS PROHIBITED". The driveway may be restricted to all left turning movements in the future. ACHD may install a concrete median in Meridian Road when warranted. d. The driveway that is proposed on Corporate Drive located approximately 180-feet west of East 1st Street is approved as a full access driveway. e. The proposed internal driveway to be shared with the property directly to the north is approved with this application. The applicant shall provide a recorded cross access easement for the parcels to the north to use this parcel for access to the public roadway network. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 6 f. Construct a 5-foot wide detached concrete sidewalk on Meridian Road and East 1st Street located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. g. Replace unused curb cuts on Corporate Drive, Meridian Road and East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. h. Replace any damaged curb, gutter and/or sidewalk on Corporate Drive, Meridian Road and East 1st Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Pave the driveway its full width of 30- to 40-feet and at least 30-feet into the site beyond the edge of pavement of Meridian Road with 15-foot curb radii. Provide a minimum of 100-feet of stacking distance from the drive-thru window to the public roadway system. k. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1. Any existing irrigation facilities shall be relocated outside of right-of-way. m. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. n. Other than the access points specifically approved with this application, direct lot or parcel access to Corporate Drive, East 1st Street and Meridian Road is prohibited. o. Additionally, ACHD's Standard Requirements listed within their February 19, 2002, letter shall be complied FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 7 with. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such tune as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and k By action of the City Council at its regular meeting held on the ~~~ day of `i~~2G~ , 2002. By: ~RT D. CORRIE or, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. .~~~; ,., . ~,.. Dated: 3~~ ~ ~ ` , , ,,' By.Cit Clerk ~ ~~ `~'-' y ~ Y _ s ., 3 f ~K ~-y 1 f re \\204.229.127.194\serverz\Worlc\M\Meridian\Meridian 15360M\Wenco Sub PFPO1-007\FinalPlatFflsalo~ ~ '~' ~~.;~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - WENCO SUBDIVISION - (WENDY'S) / BY WENCO, INC. (PFP-O1-007) - 8 / HUB UI~ 1TlLi3J~ltts 4~AL.1.trr \L~YOR ~ .~ Gcxxi l'lacc to Ia~c * ~j ~ 2 C~'Y~- ~ Robert D. Come CITY OF MERIDIAN ~" / CIT~i COIJtiCILME.'~fBERS ` Z _ ~0 _ Ron:lndecson 33 EAST IDAHO KeithBira ~IERIDIc11t, ID.t1H0 83(x12 ~ Ff l Taaxnv deV(%eeca (?08) 883-3-~ • F_~Y (~?8) 887--0513 City C{erl; Oi~ce Fas ('.03) 88A-F.313 Cheue McCuidless MEMORANDUM: December 18, 2001 RECEI~IEI~ To: Mayor, City Council and Planning & Zoning Commission DES ~ ~ ~00~ From: Bruce Freckleton, Assistant to. City Engineer ~ City of Meridian David McKinnon, City Planner ~ City Clerk Office Re: A Request for Preliminary/Fina1 Plat Approval of a Two Lot Subdivision, located in a C-G zone by Wenco, Inc. (File No. PFP-Ol-00~. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Wenco, Inc. has made a request to subdivide a parcel of land located at the southeast corner of the intersection of Corporate Drive and East First Street into two parcels of land. The applicant has already requested approval from the City to build a Wendy's hamburger restaurant on the eastern side of the existing single parcel of ground. At some time in the past, the owners of the property had a record of survey drawn up and recorded without consent or acknowledgement from the City, thus creating an illegal lot. In order for the City to recognize the property as two distinct parcels of land, the property must be legally subdivided in accordance with City's Subdivision Ordinance. LOCATION & SURROUNDING USES The subject property is located directly north of Corporate Drive and bordered by Meridian Road on the west and East First Street on the east. The following uses surround the subject property: North -A Blimpie's restaurant and Round Table Pizzeria, zoned C-G. South Bolo's and Taco Bell, zoned C•G. East - Vacant land, zoned C-G. West Vacant land, zoned C-G. PRELIlVIINARY/FINAL PLAT FINDINGS AND gEQUIItEMENTS M ~ wendys.PFP PFP-01-007 • ~ N / .6.,~ / ~ ~ Planning & Zoning Commission/Mayor & City Council December 18, 2001 Page 2 Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision the Convnission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision is in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are readily available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continaity of the proposed development with the capital improvement program; Stafffinds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed -development; Stafffinds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Stafffinds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City- Council: SITE SPECIFIC CO1bIlV1ENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Landscaping shall be installed as submitted. A letter of credit or cash in the amount of 110% will be required for these improvements prior to signature on the final plat. PFP-01-007 ~ ` ~ N~ ~t ~ ~~ Wendys.PFP ~l~b,~ Planning & Zoning Commission/Mayor & City Council December 18, 2001 Page 3 3. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the lots created by the subdivision and shall be bonded for prior to signature on the Final Plat. 4. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 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. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. 6. Assessment fees for water and sewer service are determined during the building plan review process. 7. Revise the final plat to show the RPOB with the referenced "Brass Cap" symbol as noted in the legal description of Certificate of Owner's, and show the segment lengths of the north boundary line. 8. Please show the distance from the northwest corner of Section 18 to the calculated point of the north boundary line extended, as well as the record distance as noted in the the legal ' description of Certificate of Owner's. 9. Please add the following plat note: (7.) The bottom elevation of structural footing shall be set a minimum of 12-inches above the highest established normal groundwater elevation. 10. It is staff s opinion that the 5-foot wide by 20.61-foot wide section along the west boundary should be included in the right-of--way dedication. Please revise the final plat map to reflect this change. 11. The Professional Land Surveyor preparing this plat shall execute the Certificate of Surveyor. 12. Please complete the Certificate of Owner's and its accompanying Acknowledgement. rFr-0t-oo~ N w~-aya.rFr :.~ %9 30,x' b ~~ Planning & Zoning Commission/Mayor & City Council December 18, 2001 Page 4 13. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape imgation. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Flan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "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." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. 1:3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. RECOMMENDATION Staff recommends approval of these applications, with the aforementioned conditions and findings. PFP-01-007 ~~,~,~ N~ « ~O~y Wendys.PFP u • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-05-02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR I~EARNEY PLACE NO. 4 OF 4 BUILDING LOTS ON APPROXIMATELY 1.5 7 ACRES IN A R-8 ZONE, GENERALLY LOCATED SOUTH OF E. CHATEAU DRIVE AND EAST OF N. LAGUHBRIDGE AVE., MERIDIAN, IDAHO Case No. P/FP-O1-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT BY: MARGARET WOOD, APPLICANT The above entitled matter coming on regularly for hearing before the City Council on February 5, 2002, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the City Council having received a report from Bruce Freclcleton, Engineering Technician III, and David McKinnon, Planner for the Planning and Zoning Department, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINARY PLAT, I<EARNEY PLACE SUBD. NO. 4, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008) -1 L~ PRELIMINARY PLAT, NE 1/4, SW 1/4, SECTION 5, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: BAP, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11727, SHEET 1 OF 1, HANDWRITTEN DATE: 9-17-O1, J-U-B ENGINEERS, INC., MARGARET M. WOOD - OWNER/DEVELPER", submitted for preliminary/final plat approval and which preliminary/final plat application is herein received and adjudged by the City Council pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned R-8 Medium Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 D.] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-O1-008) -2 C~ • accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III are met 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. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Final Plat of the applicant as evidenced by "PRELIMINARY PLAT, I~EARNEY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008 ) -3 U PLACE SUBD. NO. 4, PRELIMINARY PLAT, NE 1/4, SW 1/4, SECTION 5, T.3N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: BAP, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11727, SHEET 1 OF 1, HANDWRITTEN DATE: 9-17-01, J-U-B ENGINEERS, INC., MARGARET M. WOOD - OWNER/DEVELPER", submitted for preliminary/final plat. 1. The conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from David McKinnon, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, dated December 18, 2001, listing 4 Site Specific Comments and 2 General Comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements from the City Council at their meeting of February 5, 2002, and the requirements are as follows, to- wit: Adopt Central District Health recommendations as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008 ) - 4 • 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Meridian Fire Department Recommendations as follows: 5. Afire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 8. Final approval for fire hydrant location shall be by the Meridian Fire Department. 9. All turning radii shall be a minimum of 28' inside and 48' outside. 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Adopt the Sanitary Service Recommendations as follows: 11. Residential curb service on E. Chateau shall be required. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 12. The District requires that all pressure irrigation are looped. Also, an addendum to the pressure irrigation contact shall be in place. Adopt the ACHD Recommendations from their Recommendations dated December 27, 2001, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008) -5 • 13. Applicant is proposing to close the existing driveway located approximately 50-feet east of the wet property line and replace the unused curb cut on East Chateau Drive with standard curb, gutter, and 5-foot wide concrete sidewalk to match the existing improvements. 14. Applicant shall locate a shared driveway for all 4-lots located in alignment with Dixie Place approximately 120-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the shared driveway to its full-required width of 20 to 24-feet and to a point 30-feet beyond the edge of pavement of East Chateau Drive with 15-foot curb radii pavement tapers abutting the existing roadway edge. 15. Replace any damaged curb, gutter, and/or sidewalk on East Chateau Drive to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. 16. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 17. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 18. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 19. Any existing irrigation facilities shall be relocated outside of right-of- way. 20. Other than the access point specifically approved with this application, direct lot or parcel access to East Chateau Drive is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 21. Additionally, ACHD's Standard Requirements listed within their December 27, 2001, letter shall be complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008 ) -6 • 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and By action of the City Council at its regular meeting held on the ~~ day of ~2Ci~ , 2002. By: .T D. CORRIE City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ~,~ By: ~ Dated City Cleric Z:\Work\M\Meridian\Meridian 15360M\Wood Margaret PFP-O1-008\~inalPlatFfCls.doc 3~~'~~ ~ "' ~~~. ~. ~~ ", "~~. : ~ r ,. F~~ . ~~ r ~ A~~~; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - MARGARET WOOD - (PFP-01-008) -7 IvL~IY'Ult • A Gcxad Place to Tave Rc~bP,r n comae LE~AI. DEP_~RTI~r crly couivclr l~~ER CITY OF MERIDIAN (~8' ~~_~~ . Fax'~25o1 ;, , S ~ ' x~~ Boa 33 EAST IDAHO rul~uc ~~ro~s BUILDING DEP ~~~,-r ~~ B;~ ME:Rmr~N, mAHO s364~? c~~~ R~-211 • Fax 88i-12.97 Tammy deWeecd (248) 888--HF33 • Ftl~i (~8) 887-813 • PLr1NN1NG f1i~ID ZONIlVG C~eae McCancIless C i~v deck Ot&oe Fax (208) 888-~F218 llEl'A!Z L"vl)~;Nl' (~8) 884-5533 • F_9k 888-6854 MEMORANDUM; • December 18, 2001 To: Mayor, City Council and Planning & Zoning Commission, ~ ~l From: Bruce Freckleton, Assistant to City Engineer ~- DEC z ~ 2~0~ David McKinnon, City Planner City Of Nridian ~~ A Request for Preliminary/Final plat Approval of a Four LotrlResidential Subdivision on 1.57 Acres, Located in an R 8 Zone by Margai-et Wood. (File No. PFP-01-008) We have reviewed this submittal and offer the following comments, as conditions of the applicant These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.• APPLICATION SUMMARY The applicant, Margaret Wood, has requested approval of a four lot subdivision on a 1.57 acre parcel of land, located south of East Chateau Drive and east of N. Laughbridge Ave. within the existing Kearny Place Subdivision. The proposed 4-lot subdivision is surrounded by a previous phase of Kearny Place Subdivision, Wingate Subdivision and Chateau Meadows Subdivision, all of which are zoned R-8. The existing single family home will be Lot 15, Block 3 will remain, and the detached garage on Lot 16 Block 3 will be removed from the property. The proposed lots within the subdivision meet the minimum frontage and lot area requirements for the R-8 Zone. LOCATION & SURROUNDING USES The subject property is located on~the south side ofEast Chateau Drive, Approximately 1/3 of a mile north ofFairview Avenueand %a mile East ofLocust Grove. The following uses surround the subject property: North -Kearney Place Subdivision -Single Family Residential, zoned R-8. South -Wingate Place Subdivision No. 2 -Single Family Residential, zoned R-8. East -Kearney place Subdivision -Single Family Residential, zoned R=$. West -Chateau Meadows East #2 -Single Family Residential, zoned R-8. PFP-01-008 Kearny Place t/4.PFP Planning & Zoning Commission/Mayor & City Council December 18, 2001 Page 2 PRELIlVIINARY/FINAL PLAT FINDINGS AND REOIIIREMENTS Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In deterl~in~ng the acceptance of a proposed subdivision the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Stafffinds the residential (R 8) subdivision is in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Stafffinds that public services are readily available to the lots within the proposed subdivision. c. The continuity of the proposed development with the capital improvement program; Stafffinds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Stafffinds that the development will not require major expenditures for supporting services. e. The other health, safety or environmental. problems that may be brought to the Commission's attention. Sta6Ffinds that there will not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC CaM1V1ENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjaceat to the property. 2. The following noies shall be modined or added to the face of the plat: PFP-01-0D$ .Kearney Place #4PFP Planning & Zoning Commission/Mayor & City Council December '18, 2001 Page 3 7. ... single family dwellings only. Each single family structure shall contain a minimum of 1, 301 square feet, excluding the garage. 9. The bottom elevation of structural footing shall be set a minimum of 12-inches above the highest established normal groundwater elevation. X10. Cross access easement note -see staff recommendation below) 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Change the year of platting on the face of the plat to "2002" GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wellsand/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. ItECO~YIV~NDr~~'F®N Staff recommends approval of these applications, with the aforementioned conditions and findings and the following recommendation: Staffreconunendsthst the applicant record a cross access easement forthe proposed central driveway (parts of lots 15 and 16) that provide access to the two southern lots. This would allow the developer the option to place garages behind the houses that front E. Chateau Drive, thereby decreasing the number of driveways on E. Chateau:Drive, and providing a more attractive streetscape. PFP-01-008 .Kearney place #4PFP • BEFORE THE MERIDIAN CITY COUNCIL C/C 02-19-02 IN THE MATTER OF THE APPLICATION OF KEVIN HOWELL DEVELOPMENT, THE APPLICATION FOR ANNEXATION AND ZONING OF 100.71 ACRES FOR THE REVISED CEDAR SPRINGS SUBDIVISION, LOCATED NORTHWEST OF N. MERIDIAN ROAD AND WEST USTICK ROAD, MERIDIAN, IDAHO Case No. AZ-00-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 4, 2001, and continued until February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Sinith, Public Worlcs Director, Tom Kuntz, Parks and Recreation Director, and Gary Lee with J-U-B Engineers, Inc., and Joe Siminich, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) • FINDINGS OF FACT i 1. 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. 2. 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. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 100.71 acres in size, is located northwest of N. Meridian Road and West Usticlc Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the Leslie Family Trust and Moore Family Trust of Eagle, Idaho; and the applicant is Kevin Howell Development of Boise, Idaho. 4. The property is presently zoned by Ada County as RUT. 5. The Applicant requests the property be zoned as R-4, with the intent to develop 264 building lots and 31 other lots for a residential subdivision, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) • designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, east and west by Ada County RUT zoning, and to the south by agricultural land for the proposed City Parlc, zoned Limited Office. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development 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, originally provided in their Memorandum dated February 15, 2001, as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. A condition of the Annexation/Development Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) • 3. The open space shall be exclusive of all street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stormwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count toward the open space requirement. Open space maybe active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 4. There is 5.16% useable open space, and the Stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Usticlc Road, and the 25-foot Settlers Irrigation common lots along the north property line. 5. Due to the single-family uses abutting the east boundary of Lot 34, Block 1 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property line of this lot and shall be a condition attached to this property in the Development Agreement. 6. A detached sidewalk with a minimum 5-foot-wide planter strip between the curb and sidewalk shall be required along the Meridian Road frontage. 7. A condition in the Development Agreement shall be that no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) • 9. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 11. Two-hundred-fifty- and 100-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. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 13. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 14. 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. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) Adopt the ACRD Recommendations as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance # 193. 18. Dedicate 48-feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 19. Any existing or proposed irrigation facilities on Usticlc Road and Meridian Road should be located outside of the new right-of-way. 20. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with minimum 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. 21. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) approach and departure directions. Coordinate the design of the turn lanes with District staff. 22. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 23. Construct one main entrance on Usticlc Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of additional pavement within 42-feet of right-of-way. The applicant is not proposing to construct a median at this entrance. 24. Construct a center turn lane on Usticlc Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn Zane with District staff. 25. Construct a 5-foot wide concrete sidewalk on Usticlc Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 26. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 27. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) sidewalks within 50-feet of right-of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. 28. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. The applicant should be required to install signs at the termini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. The proposed stub streets are located: ^ Between Lot 1, Bloclc 15 and Lot 11, Block 18 ^ Between Lot 11, Bloclc 15 and Lot 1, Block 13 ^ Between Lot 8, Bloclc 13 and Lot 2, Bloclc 10 29. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 30. Construct Ashby Street from Meridian Road extending 1,400 feet west to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section within 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) 31. Construct Venable Lane as a local commercial street. The applicant shall construct Venable Lane from Ustick Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 32. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 33. The applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 34. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy. 35. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 36. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Ustick Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 38. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 39. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' part. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) 40. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 41. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 42. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 45. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACRD and shall faithfully perform the terms of such agreement or agreements. 46. That no building permits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. 47. The Parlcs Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACRD. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) 48. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 49. That the Developer shall extend Venable Lane north from Usticlc Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Usticlc to the north, and which will line up with the existing Venable Lane property. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) Ordinances. 12. It is found that the zoning of the subject real property as Low Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 13. 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. 14. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) 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 Goals 1 through 10, inclusive. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 100.71 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 100.71 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) event the conditions herein are not rnet 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, originally provided in their Memorandum dated February 15, 2001, as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. A condition of the Annexation/Development Agreement shall be that the Applicant provide a minimum of five percent (5%) common open space within the legal description boundaries. This requirement was adopted as part of the new Landscape Ordinance. But since the subject applications were submitted prior to City Council adoption of the Landscape Ordinance, they are technically exempt from the standards in that ordinance. However, if deemed to be in its best interest, the City can impose higher standards than are currently adopted as ordinance as conditions of annexation for any development requesting annexation into the City. 3. The open space shall be exclusive of all street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Stor~nwater detention facilities must be designed in accordance with Section 11.2 of the Landscape Ordinance in order to count toward the open space requirement. Open space maybe active or passive in its intended use, and must be accessible by all residents of the subdivision. Common open space shall be suitably improved for its intended use. At a minimum, common open space lots shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 4. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Usticlc Road, and the 25-foot Settlers Irrigation common lots along the north property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) ~ i 5. Due to the single-family uses abutting the east boundary of Lot 34, Block 1 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property line of this lot and shall be a condition attached to this property in the Development Agreement. 6. A detached sidewalk with a minimum 5-foot-wide planter strip between the curb and sidewalk shall be required along the Meridian Road frontage. 7. A condition in the Development Agreement shall be that no subdivision infrastructure improvements can begin until the White Drain Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 9. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1 1. Two-hundred-fifty- and 100-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. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) • (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 13. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 14. 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. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 16. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the ACRD Recommendations as follows: 17. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) • 18. Dedicate 48-feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 19. Any existing or proposed irrigation facilities on Usticlc Road and Meridian Road should be located outside of the new right-of-way. 20. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with minimum 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. 21. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 22. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 23. Construct one main entrance on Usticlc Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) ~ ~ additional pavement within 42-feet of right-of-way. The applicant is not proposing to construct a median at this entrance. 24. Construct a center turn lane on Usticlc Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 25. Construct a 5-foot wide concrete sidewalk on Usticlc Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 26. Construct the segment of Ashton Drive from Meridian Road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 27. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment shall be stated on the final plat. 28. Construct three stub streets to the north, as proposed. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) • The applicant should be required to install signs at the termini of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. The proposed stub streets are located: ^ Between Lot 1, Bloclc 15 and Lot 11, Bloclc 18 ^ Between Lot 11, Block 15 and Lot 1, Bloclc 13 ^ Between Lot 8, Bloclc 13 and Lot 2, Bloclc 10 29. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150- feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 30. Construct Ashby Street from Meridian Road extending 1,400 feet west to the proposed Alexis Avenue and from Greenwich Avenue extending 1,400 feet west to the proposed Venable Lane as a 29-foot street section within 50-feet of right-of-way, as proposed. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the proposed Ashby Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 31. Construct Venable Lane as a local commercial street. The applicant shall construct Venable Lane from Usticlc Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 32. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 33. The applicant should be required to construct all public roads within FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) ~ ~ the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 34. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy. 35. The turnarounds shall be constructed to provide a minimwn turning radius of 45-feet. 36. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Usticlc Road and Meridian Road. 37. Other than the proposed public streets, direct lot or parcel access to Ustick Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 38. Comply with the Standard Requirements (9) listed in ACHD's Planning and Development Division Development Application Report dated December 12, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 39. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' part. 40. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 41. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridian Water for water quality. 42. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 43. All radii shall be 28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019) 44. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Additionally, the applicant shall comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 45. Based upon testimony, and the widely recognized need for infrastructure improvements in the North Meridian Planning area sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 46. That no building permits shall be issued until the sewer is constructed and connected to the Wastewater Treatment Plant. 47. The Parlcs Department agrees to pay for four feet of the road on the northern boundary which abuts the City park, and pay for the curb and gutter for a total cost of approximately $13,500.00, per ACRD. 48. Applicant shall be responsible to construct sewer mains to and through the proposed development which shall include stubbing to the south boundary of the development. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 49. That the Developer shall extend Venable Lane north from Usticlc Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Usticlc to the north, and which will line up with the existing Venable Lane property. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs 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 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 of ,/f , 2002. ROLL CALL COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) ~~~ day VOTED °~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ,~ ~ ~~ D~- MOTION: APPROVED: DISAPPROVED: VOTED -~ VOTED ~-- VOTED_ ~~~- VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. City Clerk ~~~~ ~ 4`~u Y4 t ~'~ Dated: ~ ~5~~ ~' '~ ~ ar 5'. ~:;, a. ~;; Y ~5 ~: ~. 'fi ;.,r .' ~ r, :~ Z:\Work\M\Meridian\Meridian 15360M\Cedar Spgs (2002) AZ00-019 PP00-018\AZFfC]&OPrr~tor,,.f r _• FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS (AZ-00-019 ) • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR CEDAR SPRINGS SUBDIVISION, LOCATED NORTHWEST OF N. MERIDIAN ROAD AND WEST USTICK ROAD, MERIDIAN, IDAHO Case No. PP-00-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: KEVIN HOWELL DEVELOPMENT, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on December 4, 2001, and continued until February 19, 2002, and and Shari Stiles, Planning and Zoning Administrator, Gary Smith, Public Worlcs Director, Tom Kuntz, Parks and Recreation Director, and Gary Lee with J-U-B Engineers, Inc., and Joe Siminich, appeared and testified, and the City Council having received a report from Brad Hawkins-Clarlc, Planner for Planning and Zoning, and Bruce Freclcleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAT SPRINGS SUBDIVISION / (PP-00-018) 1 • CEDAR SPRINGS RESIDENTIAL SUBDIVISION, HOWELL-MURDOCH DEVELOPMENT CORP, INC., MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: DJP, DESIGN BY: GAL, CHECKED BY: GAL, PROJECT NO. 11644, DRAWING NO. SCHOOL-PP1, SHEET 1 OF 7, HANDWRITTEN: REVISED 9- 22-01 PER CITY OF MERIDIAN & A.C.H.D. COMMENTS, HANDWRITTEN DATE: 9-25-01, STAMPED DATE: RECEIVED SEP 26 2001 CITY OF MERIDIAN CITY CLERK OFFICE, J-U-B ENGINEERS, INC.", KEVIN HOWELL DEVELOPMENT submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 2 • 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 Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 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, CEDAR SPRINGS RESIDENTIAL SUBDIVISION, HOWELL-MURDOCH DEVELOPMENT CORP, INC., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 3 MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: DJP, DESIGN BY: GAL, CHECKED BY: GAL, PROJECT NO. 11644, DRAWING NO. SCHOOL-PP1, SHEET 1 OF 7, REVISED 9-22-01 PER CITY OF MERIDIAN SLA.C.H.D. COMMENTS, HANDWRITTEN DATE: 9-25-01, STAMPED DATE: RECEIVED SEP 26 2001 CITY OF MERDIIAN CITY CLERK OFFICE, J-U-B ENGINEERS, INC.". 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, CEDAR SPRINGS RESIDENTIAL SUBDIVISION, HOWELL-MURDOCH DEVELOPMENT CORD, INC., MERIDIAN, ADA COUNTY, IDAHO, DRAWN BY: DJP, DESIGN BY: GAL, CHECKED BY: GAL, PROJECT NO. 11644, DRAWING NO. SCHOOL-PP1, SHEET 1 OF 7, REVISED 9-22-01 PER CITY OF MERIDIAN &A.C.H.D. COMMENTS, HANDWRITTEN DATE: 9-25-01, STAMPED DATE: RECEIVED SEP 26 2001 CITY OF MERDIIAN CITY CLERK OFFICE, J-U-B ENGINEERS, INC." is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1. There is 5.16% useable open space, and the stormwater facilities shall be designed to the standards of Section 11.2 of the Landscape Ordinance. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 4 • 5.16% includes the 35-foot buffer along Meridian Road, the 25-foot buffer along Ustick Road, and the 25-foot Settlers Irrigation common lots along the north property line. 2. The Applicant shall be required to vacate the existing 29 feet of right-of-way along the subdivision's west boundary, north of Ashton Drive on Kennedy's property, prior to building permits being issued for the subdivision. If this west portion of the subdivision is to be included in a separate phase, the Vacation application could be tied to the Final Plat for that phase and not tied to the building permits. 3. No phase lines are shown on the plat. If the Applicant intends to phase development of the subdivision, phase lines shall be shown on the Preliminary Plat. Applicant shall clarify and revise the plat accordingly. 4. The gross and net density calculations shown on the Preliminary Plat are correct when considering the school as part of the development (2.64 d.u./ac. Gross density and 3.49 d.u./ac. Net density). However, excluding the school site from the calculations the densities increase. (2.99 d.u./ac. Gross density and 4.11 d.u./ac. Net density). 5. Correct Note #3 to read "Cedar Springs" and not "Amherst" Subdivision. 6. The net acres figure for the future elementary school is 11.41 gross acres, 9.47 acres net, and 8.1 acres open space, the Preliminary Plat shall be revised to reflect the correct school figures. 7. 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. 8. Coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.I~. 10. 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 shall be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 5 • • Works Department. 11. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic serve per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Underground year-round pressurized irrigation shall be provided to all common landscape acres on the site. 13. Two-hundred-fifty 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. 14. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 15. Assessment fees for water and sewer service shall be determined during the building plan review process. Adopt the Recommendations of the Meridian Fire Dept. as follows: 16. Afire-flow of 1,000 gallons per minute shall be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 17. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 18. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 19. Final approval of fire hydrant locations shall be by the Fire Department. 20. All radii shall be 28' inside and 48' outside radius. 21. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per fire code. Adopt Central District Health Dept. Recommendations as follows: 22. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 6 • ! Environmental Quality. 23. Run-off is not to create a mosquito breeding problem. 24. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 25. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the ACRD Recommendations as follows: 26. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 27. Dedicate 48-feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 28. Any existing or proposed irrigation facilities on Usticlc Road and Meridian Road should be located outside of the new right-of-way. 29. Construct two main entrances on Meridian Road located 270-feet north of the south property line, and 300-feet south of the north property line, as proposed. The roadway entrances shall be designed with minimum 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant is proposing to construct two outbound lanes and one inbound lane with a median, within 64-feet of right-of-way. 30. Construct center turn lanes on Meridian Road for the main entrance intersections. The turn lanes should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 31. Construct a 5-foot wide concrete sidewalk on Meridian road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 7 • location and elevation of the sidewalk with District staff. 32. Construct one main entrance on Ustick Road located at the west property line, as proposed. The proposed entrance is located in conformance with District policy, and the applicant shall construct Venable Lane as one half of a 36-foot street section, plus 12-feet of additional pavement within 42-feet of right-of- way. The applicant is not proposing to construct a median at this entrance. 33. Construct a center turn lane on Ustick Road for the main entrance intersection. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 34. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 35. Construct the segment of Ashton Drive from Meridian road to Elsmore Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 36. Construct the segment of Ashby Street from Meridian Road to Alexis Avenue as a residential collector street with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. District policy requires that this street segment be constructed as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Due to the fact that Ashby Street abuts the south property line, the applicant should only be required to construct one half a 36-foot street section plus 12 additional feet of pavement within 42 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 37. Construct three stub streets to the north, as proposed.. The applicant should not be required to provide paved temporary turnarounds at the end of the stub streets because the stubs are less than 150-feet in length. The applicant should be required to install signs at the termini of the roadway stating that, "THIS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 8 i ~ ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub streets with District staff. The proposed stub streets are located: -- Between Lot 1, Block 15 and Lot 11, Block 18. -- Between Lot 11, Block 15 and Lot 1, Bloclc 13. -- Between Lot 8, Bloclc 13 and Lot 2, Bloclc 10. 38. Construct Ashton Lane from Meridian Road to the proposed Venable Lane. The applicant shall not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant shall be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sing plan for the stub street with District staff. 39. The District staff has examined Ashby Street and is extremely concerned about the configuration of the proposed roadway. Although District staff does not have any specific policies prohibiting the length and configuration of the roadway, staff recommends that the roadway be reconfigured to eliminate the straight away (see the attached recommended site plat). The applicant should not be required to provide a paved temporary turnaround at the end of the street because the stub is less than 150-feet in length. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 40. Construct Venable Lane as a local commercial street. The applicant shall construct Venable Lane from Usticlc Road to the north property line of the school lot as one half of a 40-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide concrete sidewalk within 42-feet of right-of-way. To the north of the school site Venable Lane shall be constructed as a 36-foot street section. 41. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 42. The applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 43. The public streets within the subdivision shall be located to align or offset a minimum of 125-feet (centerline to centerline). It appears that the street layout is in conformance with District policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 9 44. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. 45. Provide a $30,000 deposit to the Public Right-of-way Trust Fund for the cost of one-quarter of a traffic signal at the intersection of Usticlc Road and Meridian Road. 46. Other than the proposed public streets, direct lot or parcel access to Usticlc Road and Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 47. Comply with all of ACHD's Standard Requirements within their Planning and Development Division Development Application Report with the ACHD Commission Date -October 3, 2001. Adopt the Recommendations of the Idaho Power Company as follows: 48. There is presently limited electrical capacity available in the area of the project, and the Power Company shall need to upgrade the distribution facilities in order to serve the project. The Applicant shall contact the local Idaho Power Company Operations Center for details. Additionally, the Applicant shall comply with the requirements from the City Council's action taken at their meeting held on Tuesday, February 19, 2002, as follows: 49. That the Developer shall extend Venable Lane north from Usticlc Road, and dedicate their one-half of Venable Lane on the east side to provide a full residential collector wide street from Ustick to the north, and which will line up with the existing Venable Lane property. 50. Developer shall submit a revised Phasing Plan to include the location and number of phases for the project, and which Phasing Plan shall address staff comment number 3 above. 51. The Developer shall work with P Sz Z staff on the traffic calming issues along the street north of the park, i.e. bump-outs, paver crosswalks, etc. 52. Revise the Preliminary Plat to remove a portion west of Ashby Street between FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 10 Alexis and Greenwich Avenue. 53. Developer shall provide a revised Preliminary Plat showing all of the above stated revisions from items 52 through 54. 54. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant will hold the City harmless for sewer service until it is available and there is no risk to the City in doing the annexation at this time, and the applicants will have to wait until all sewer easements are done and complete. ~-~~, By action of the City Council at its regular meeting held on the day of , 2002. ROLL CALL COUNCILMAN BIRD COUNCILWOMAN deWEERD VOTED VOTED COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE VOTED_ ~~~%tr VOTED ~ VOTED ~- (TIE BREAKER) - ~ f .~;a;; . ~, ~, ,. Copy served upon Applicant, The Planning and Zoning Departl~%~af``. '~~~ t`, Public orks Department and City Attorney. '~ ~~` '" - ~ ~. By: Dated: ~~ ~~~ ity Clerk ~, ~'~ > 4, A~~i Y ~4, ~~. Z:\Work\M\Meridian\Meridian 15360M\Cedar S~~s (2002) AZ00-019 PP00-018\FfClsOrdPP.doc ` ~.+, ~ '~, ~~ :+ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT CEDAR SPRINGS SUBDIVISION / (PP-00-018) 11 • BEFORE THE MERIDIAN CITY COUNCIL C/C 02-19-02 IN THE MATTER OF THE APPLICATION OF G.L. VOIGT DEVELOPMENT THE APPLICATION FOR ANNEXATION AND ZONING OF 70.72 ACRES FOR SUNDANCE SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF E. USTICI~ ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO Case No. AZ-01-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 20, 2001, and continued until February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, 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. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 70.72 acres in size, is located at the northeast corner of E. Ustick Road and N. Meridian Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is the McBirney Property Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho Falls, Idaho. 5. The property is presently zoned by Ada County as RT, and consists of agricultural ground. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 214 single family lots and 23 common lots, 4 office lots and a park, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) C~ designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, east and west by agricultural land and single family residences, by Eastbroolc Village Subdivision to the South and city limits of the City of Meridian are adjacent and abut to the west and south of the subject property. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the 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: 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. 2. Any existing domestic wells and/or septic systems within this project shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 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. 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. 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 in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. All signage in the proposed future commercial lots 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. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 11. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Bloclc 7 shall FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Bloclc 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 14. Dedicate 48-feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Usticlc Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) • 17. Construct a center turn lane on Ustick Road for the main entrance/Usticlc Road intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 18. Construct a 5-foot wide concrete sidewalk on Ustick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 19. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. 21. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 22. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Usticlc Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 23. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 24. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 25. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 26. Construct the turnarounds to provide a minimum turning radius of 45- feet. 27. Construct a stub street to the north property line between Lot 22, Bloclc 1, and Lot 1, Bloclc 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 28. Construct a stub street to the east property line between Lot 13, Bloclc 5, and Lot 48, Bloclc 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Usticlc Road and Meridian Road. 30. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 31. Relocate any irrigation facilities or utilities outside of the new right-of- way on Usticlc Road or Meridian Road. 32. Except for one approved driveway on Usticlc Road, and one approved driveway on Meridian Road, direct lot or parcel access to Usticlc Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 33. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACRD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunlc only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. 10. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) Plan of the City as follows: Land Use Chapter 1.4U Transportation Chapter 1.9U Parks Chapter 3.1.e. Community Design Chapter 4.4U l._J 15. The property can be physically serviced with City water. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O l -012 ) • 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 Goals 1 through 10, inclusive. 5. The zoning of Medium Density Residential District (R-8) is defined in 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. 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 CitX 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, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 70.72 acres in size and zoned 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 70.72 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O l -012 ) as follows: 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. 2. Any existing domestic wells and/or septic systems within this project shall 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. 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. 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. 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 in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. All signage in the proposed future commercial lots 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. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O l -012 ) 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 11. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Bloclc 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Bloclc 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACRD as follows: 14. Dedicate 48-feet of right-of-way from the centerline of Usticlc Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. 17. Construct a center turn lane on Ustick Road for the main entrance/LJstick Road intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 18. Construct a 5-foot wide concrete sidewalk on Ustick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 19. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. 21. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 22. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Usticlc Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 23. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 24. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 25. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. 26. Construct the turnarounds to provide a minimum turning radius of 45- feet. 27. Construct a stub street to the north property line between Lot 22, Bloclc 1, and Lot 1, Bloclc 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 28. Construct a stub street to the east property line between Lot 13, Bloclc 5, and Lot 48, Bloclc 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Usticlc Road and Meridian Road. 30. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 31. Relocate any irrigation facilities or utilities outside of the new right-of- way on Usticlc Road or Meridian Road. 32. Except for one approved driveway on Usticlc Road, and one approved driveway on Meridian Road, direct lot or parcel access to Usticlc Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 33. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) • Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACRD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunlc only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. 4. The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) 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. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs 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 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 of ~q/zG~ , 2002. ROLL CALL COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) ~~ day VOTED~~~~'" • COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~' ~ ~ 2- MOTION: APPROVE ISAPPROVED: r~ VOTED_~~~~-- VOTED_~~`'~- VOTED_~~K~ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By - 1 City Clerlc Dated: -~'s ~ ~ ,~ x,, Z:\Work\M\Meridian\Meridian 15360M\Sundance Sub AZO1-012 PPO1-015 CUPO1 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-012 ) ~"'w~'L~rder.doc e ~,`~~;a w "ma'r'" .,;;ac/ ~ i BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUNDANCE SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO Case No. CUP-O1-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT G. L. VOIGT DEVELOPMENT, APPLICANT The above entitled conditional use permit application having come before the City Council on November 20, 2001 and continued until February 19, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 u and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 20, 2001 and continued until February 5, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 20, 2001 and continued until February S, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 r~ u forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the northeast corner of E. Usticlc Road and N. Meridian Road, Meridian, Idaho. 5. The owner of record of the subject property is the McBirney Property Trust of San Jose, California. 6. Applicant is G. L. Voigt Development of Idaho Falls, Idaho. 7. The subject property is currently zoned RT by Ada County. However, there is a current application before the City Council for annexation and zoning to R- 8. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a subdivision consisting of 214 single family dwellings, 4 future office lots, 23 common lots to include a neighborhood park and pedestrian pathway. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 a ~~ requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. 2. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one (1) amenity if the area is usable, given the fact that the pocket park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Block 10) offers circulation within the subdivision; the other three connect to Usticlc and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6- 2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. 3. Parking: The parking shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Block 7 do not reflect the minimum number of required parking stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 4. Sample photos and elevations of the office buildings were submitted with the application. Since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. Any retail uses shall require a CUP application. 5. The Preliminary Landscape Plan shows an incorrect scale. Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 i ~ shall correct the scale on the landscape plan submitted with the Final Plat application. 6. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. 7. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACHD, in the annexation and zoning application (AZ-O1-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, Sanitary Services in the Preliminary Plat (PP-O1-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 9. The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. 10. The north-south pedestrian pathway to the commercial lots shall not be required. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 i the property as "Single Family Residential". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 22. The required open space within this subdivision shall consist of a centrally located in the pocket park with a pathway system around the subdivision. There will also be a basketball court within the park and park benches and shall include a gazebo, picnic tables, and trash receptacles. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the City of Meridian Zoning and Development Ordinance at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 • 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 • DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a planned development for 214 single family dwellings, 4 future office lots, 23 common lots to include a neighborhood park and pedestrian pathway in an R-8 zone located at the northeast corner of E. Ustick Road and N. Meridian Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. 2. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one (1) amenity if the area is usable, given the fact that the pocket park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Bloclc 10) offers circulation within the subdivision; the other three connect to Ustick and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6-2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 3. Parking: The parking shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Bloclc 7 do not reflect the minimum number of required parking stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimwn 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 4. Sample photos and elevations of the office buildings were submitted with the application. Since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. Any retail uses shall require a CUP application. 5. The Preliminary Landscape Plan shows an incorrect scale. Applicant shall correct the scale on the landscape plan submitted with the Final Plat application. 6. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. 7. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACRD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, Sanitary Services in the Preliminary Plat (PP-O1-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 9. The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 10. The north-south pedestrian pathway to the commercial lots shall not be required. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which inay be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. day of By action of the City Council at its regular meeting held on the ~~ ~~~~ , 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~Z-- COUNCILWOMAN TAMMY deWEERD VOTED__~~F'L- COUNCILWOMAN CHERIE Mc LANDLESS VOTED__~~~ COUNCILMAN WILLIAM L.M. NARY VOTED_~~~t~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~ -S Q~ MOTION: APPRO - DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. aaa,~w-.a: :*..Y~ By City Clerk ~Y"~ y Dated: ~-,5,~ Z ;~ '~. ~,tn~A~ d.,F. ~. ~ ~~,i Z:\Worlc\M\Ivleridian\Meridian 15360M\Sundance Sub AZOI-012 PPO1-015 CUPO1-026\FfC1sCUP01-026.doc ~ ~'"t. . . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/ 19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SUNDANCE SUBDIVISION IN AN R-8 ZONE, LOCATED AT THE NORHTEST CORNER OF E. USTICI~ ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO G. L. VOIGT DEVELOPMENT, APPLICANT Case No. CUP-O1-026 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the November 20, 2001 and continued until February 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a planned development for 214 single family dwellings, 4 future office lots, 23 ORDER CONDITIONAL USE PERMIT - 1 (CUP-O1-026) common lots to include a neighborhood park and pedestrian pathway in an R-8 zone located at the northeast corner of E. Ustick Road and N. Meridian Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The CUP/PD application shall allow for the non-conforming office uses in the R-8 zone. 2. Open Space: Two or more open space amenities shall be provided as part of a PD in addition to the minimum 5% open space. A basketball court is shown in the pocket park, which can qualify as one (1) amenity if the area is usable, given the fact that the pocket park is also proposed to handle the storm drainage within the subdivision. Four (4) micropaths are provided, but only one (1) of these (Lots 18 and 35, Block 10) offers circulation within the subdivision; the other three connect to Ustick and Meridian Roads. It is interpreted that the provision of these micropaths do not meet the intent of Ordinance 12-6- 2 (PD Ordinance). Applicant shall include a gazebo, picnic tables, trash receptacles, as shown on plat map. The 5% minimum open space required for all subdivisions mandates that 3.5 acres of common area be provided, exclusive of planned development requirements. 3. Parking: The parking shown on the CUP Site Plan exceeds the minimum ratio for office uses based on the building square footages shown. Applicant shall note that, as depicted on the CUP Site Plan, the office lots in Bloclc 7 do not reflect the minimum number of required parking stalls to operate at a retail occupancy (1:200 s.f.). Also, two of the lots are below the required number of ADA stalls and have drive aisles below the minimum 25-foot width. These issues can be resolved at the time of CUP or Certificate of Zoning Compliance. 4. Sample photos and elevations of the office buildings were submitted with the application. Since parking, trash enclosures, landscaping and elevations were all submitted for the office lots, The office lots would not require CUP applications for each lot. The office lots shall be allowed to be processed under a Certificate of Zoning Compliance ORDER CONDITIONAL USE PERMIT - 2 (CUP-01-026) ~ ~ process only, subject to Ordinance 12-6-6.F, which allows minor changes up to 10% flexibility. Any retail uses shall require a CUP application. 5. The Preliminary Landscape Plan shows an incorrect scale. Applicant shall correct the scale on the landscape plan submitted with the Final Plat application. 6. No subdivision sign details or renderings were submitted with the application. Detailed signage plans shall be subject to design review and separate permits. A Planned Sign Program shall be required for the four (4) office lots. 7. Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. Additionally, Applicant shall comply with the following requirements: 8 All provisions required by the ACRD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. All provisions required by Meridian Fire Department, Central District Health, Sanitary Services in the Preliminary Plat (PP-O1-015) apply to all applications for this development. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 9. The applicant shall provide a pathway going east-west out to Meridian Road for pedestrians to access the four future commercial lots. 10. The north-south pedestrian pathway to the commercial lots shall not be required. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable ORDER CONDITIONAL USE PERMIT - 3 (CUP-01-026) without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ,~ day of ~~ ~Lr/~ , 2002. ert p. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ~;~ ~~ r Y ~ M By• ~.~~~.:. ~ Dated: -l ~~.,~ Z .. City Clerk =~ ~~.M~ ~~ ~~ ~. p? ~..' \\204.229.127.194\SERVERZ\Worlc\Ni\Meridian\Meridian 15360M\Sundance Sub AZO1-012 PP (~< ~' > 026\OrderCUP.doc „~ _ Y~a~" ORDER CONDITIONAL USE PERMIT - 4 (CUP-O1-026) • BEFORE THE MERIDIAN CITY COUNCIL C/C 02-19-02 IN THE MATTER OF THE APPLICATION OF SUNDANCE INVESTMENTS, THE APPLICATION FOR ANNEXATION AND ZONING OF 7.83 ACRES FOR SILVERSTONE CORPORATE CENTER PHASE II, LOCATED CENTER PHASE II, MERIDIAN, IDAHO Case No. AZ-O1-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 19, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) • and 11-16-1. 2. 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 snaps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 7.83 acres in size, is located at the southeast corner of E. Overland Road and S. Eagle Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Sundance Investments, Limited Partnership or Assigns of Boise, Idaho; and the applicant is owner of record. 5. The property is presently zoned by Ada County as R- l , and consists of vacant land. 6. The Applicant requests the property be zoned as C-G, with the intent to develop building lots for a proposed commercial development known as Silverstone Corporate Center, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) 7. The subject property is bordered to the north by Phase I of the Silverstone Corporate Center, to the south and east by County zoned residential and agricultural land, and to the west by Thousand Springs Subdivision and the El Dorado Corporate Center. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. If the legal description is not accurate, a new legal description shall be submitted. 2. The existing Silverstone Development Agreement shall be amended to include the 7.83 acres as Phase II of the project. Adopt the Recommendations of the ACHD as follows: 3. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10 to 12-space Parlc & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Parlc & Ride area. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) 4. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation, rip or to issuance of a building permit. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 5. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 6. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 8. Construct three public roadways extending off of East CopperPoint Way, as proposed. The roadways are Broolcstone Way, Rolling Stone Way and Cobblestone Way. Broolcstone Way is located on East Copper Point Drive approximately 360- feet east of Eagle Road. Rolling Stone Way is located on East Copper Point Drive approximately 680-feet east of Eagle Road. Cobblestone Way is located on East Copper Point Drive approximately 1,000 feet east of Eagle Road 9. Construct all public roads within the subdivision as 40-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 54- feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) • 10. Construct an ACHD approved turnaround at the end of Cobblestone Way, Rolling Stone Way and Brookstone Way. Submit a design of the turnaround for review and approval by District staff. 11. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with the ACHD's Standards Requirements in their January 9, 2002 report. Adopt the Recommendations of the Nainpa SL Meridian Irrigation District as follows: 17. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, applicant shall contact the District concerning installation of the pressure system. A questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) 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 Mixed Residential. Presently, a Comprehensive Plan Amendment would change the land use designation on the Land Use Map to "Mixed Use" and that designation would be harmonious with the requested C-G zoning. 13. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) • development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals: Goal 3, Goa15 and Goal 8 Economic Development: 1.1, 1.2, 1.3, 1.5, 2.2U Land Use: 1.5U, 1.6U, 1.10U, 1.11U, 4.8U, 5.6, 5.10, 5.12, 5.13, 5.14U, 5.15U Natural Resources and Hazardous Areas: 3.1U, 4.1U Public Services, Utilities and Enerey Resources: 5.2, 5.4, 5.5, 5.8U Transportation: 1.4U, 1.5U, 1.10U Open Space, Parks and Recreation: 3.1 Communit~i~n: 1.3, 1.4, 2.1U, 2.3U, 2.5U, 4.4U, 5.2 14. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) 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: Goal 3, Goal 5 and Goal 8 Economic Development: 1.1, 1.2, 1.3, 1.5, 2.2U Land Use: 1.5U, 1.6U, 1.10U, 1.11U, 4.8U, 5.6, 5.10, 5.12, 5.13, 5.14U, 5.15U Natural Resources and Hazardous Areas: 3.1U, 4.1U Public Services Utilities and Enemy Resources: 5.2, 5.4, 5.5, 5.8U Transportation: 1.4U, 1.5U, 1.10U Open Space, Parlcs and Recreation: 3.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) Community Desi~n~. 1.3, 1.4, 2.1U, 2.3U, 2.5U, 4.4U, 5.2 5. The zoning of General Retail and Service Commercial District (C-G) 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 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. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 7.83 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 7.83 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) ~ ~ If the legal description is not accurate, a new legal description shall be submitted. 2. The existing Silverstone Development Agreement shall be amended to include the 7.83 acres as Phase II of the project. Adopt the Recommendations of the ACHD as follows: 3. ACHD's Park ~ Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10 to 12-space Parlc ~ Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Parlc & Ride area. 4. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation, rip or to issuance of a building_permit. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 5. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. 6. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 7. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 8. Construct three public roadways extending of of East CopperPoint Way, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) as proposed. The roadways are Broolcstone Way, Rolling Stone Way and Cobblestone Way. ^ Brookstone Way is located on East Copper Point Drive approximately 360- feet east of Eagle Road. ^ Rolling Stone Way is located on East Copper Point Drive approximately 680-feet east of Eagle Road. ^ Cobblestone Way is located on East Copper Point Drive approximately 1,000 feet east of Eagle Road 9. Construct all public roads within the subdivision as 40-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 54- feet of right-of-way. 10. Construct an ACHD approved turnaround at the end of Cobblestone Way, Rolling Stone Way and Broolcstone Way. Submit a design of the turnaround for review and approval by District staff. 11. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with the ACHD's Standards Requirements in their January 9, 2002 report. Adopt the Recommendations of the Nampa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) follows: 17. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, applicant shall contact the District concerning installation of the pressure system. A questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for ownership, operation and maintenance of the pressure urban irrigation system. 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 (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs 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 the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-01-025 ) • Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of `(/LG~ , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED-~6~~"~ COUNCILWOMAN TAMMY deWEERD VOTED_~~~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED_ ~~~u-- COUNCILMAN WILLIAM L.M. NARY VOTED_Z~H~~- ,.~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~ /J~-O Z. MOTION: APPROVE ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By. ~;t~% City Clerlc Dated: ~`'~~ ~ Z:\Work\M\Meridian\Meridian 15360M\Silverstone Corp Cntr Phase II AZOI-025 PPO1-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SILVERSTONE CORPORATE CENTER PHASE II / (AZ-O1-025) ~`~'"`"tiry °rr '~ ~ a ~ , iJ~ ! ~z ~" ,:~ }3 tw 7 ~. .; '~,: 'day x ., :~ { " _. ~~ ~(~;,~ { ~[_~~I GIb~Order.dOC ,,-.:. ,. • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/ 19/02 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SILVERSTONE CORPORATE CENTER PHASE II, LOCATED AT THE SOUTHEAST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO Case No. PP-O1-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on February 19, 2002, and and Shari Stiles, Planning and Zoning Administrator, and Cornell Larsen, appeared and testified, and the City Council having received a report from David N1cICinnon, Planner II for Planning and Zoning, and Bruce Freclcleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 1 • "PRELIMINARY PLAT, SILVERSTONE CORPORATE CENTER PHASE 2 SUBDIVISION, PRELIMINARY PLAT - W '/~, NW '/4 S. 21, T. 3. R. 1, THE SUNDANCE COMPANY, ADA COUNTY, IDAHO, PROJECT NO. 201-02, DRAWING FILE NAME: prelim_plat.dwg 111401 114808, SURVEYED BY: LFC\PWL\WJS, DRAWN BY: CEC, DATE: 11/14/01, HANDWRITTEN DATE: 11/15/01, QUADRANT CONSULTING, INC., OWNER- THE SlINDANCE COMPANY, DEVELOPER -WILLOW BROOD DEVELOPMENT, INC.", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned General Retail and Service Commercial District (C-G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 IC] 2. The preliminary plat is in conformance with the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 2 • 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 Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 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, SILVERSTONE CORPORATE CENTER PHASE 2 SUBDIVISION, PRELIMINARY PLAT - W '/~, NW 1/4 S. 21, T. 3. R. 1, THE SUNDANCE COMPANY, ADA COUNTY, IDAHO, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 3 PROJECT NO. 201-02, DRAWING FILE NAME: prelim_plat.dwg 111401 114808, SURVEYED BY: LFC\PWL\WJS, DRAWN BY: CEC, DATE: 11/14/01, HANDWRITTEN DATE: 11/15/01, QUADRANT CONSULTING, INC., OWNER - THE SUNDANCE COMPANY, DEVELOPER -WILLOW BROOD DEVELOPMENT, INC.". 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, SILVERSTONE CORPORATE CENTER PHASE 2 SUBDIVISION, PRELIMINARY PLAT - W '/z, NW '/4 S. 21, T. 3. R. 1, THE SUNDANCE COMPANY, ADA COUNTY, IDAHO, PROJECT NO. 201-02, DRAWING FILE NAME: prelim_plat.dwg 111401 114808, SURVEYED BY: LFC\PWL\WJS, DRAWN BY: CEC, DATE: 11/14/01, HANDWRITTEN DATE: 11/15/01, QUADRANT CONSULTING, INC., OWNER -THE SUNDANCE COMPANY, DEVELOPER -WILLOW BROOD DEVELOPMENT, INC." is hereby conditionally approved; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 4 2. The conditions of approval are as follows to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer service to this site shall be from an extension of the Five Mile Trunlc. The applicant shall be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. The Public Worlcs Department has made major concessions by allowing modifications from the Sewer Master Plan, by permitting the sewer to be placed inside the development instead of in or along Eagle Road. Sewer mains shall not be allowed within landscape areas, beneath landscape islands, and manholes shall not be allowed in parking and loading areas. The applicant shall be subject to latecomer's fee. Payment of the latecomer's fee is required prior to signature on the final plat map by the City Engineer. 2. Water service to this site shall be from an extension of existing water mains in Overland and Eagle Roads, as well as from a new City well currently under construction on Lot 2, Bloclc 2 of Silverstone Corporate Center. The applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. The applicant shall be subject to applicable water main latecomer's fee. Payment of the Latecomer's fee is required prior to signature on the final plat map by the City Engineer. 3. The sidewalks shall be detached along Eagle Road and a minimum 5-foot- wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with the adopted Landscape Ordinance. A 5- foot-wide sidewalk shall also be required along all public streets on the interior of the subdivision. 4. The 35-foot wide landscape buffer shall be recorded as an easement and not as a common lot. 5. A note shall be added to the face of the Plat indicating that all required landscape easements be maintained by the Business Owners Association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-01-025) 5 6. Applicant has indicated that the pressurized irrigation system within this development is to remain private. The applicant shall be required to provide a backup source to the pressurized irrigation system. The Public Works Department as part of the development plan-review process shall review plans and specifications for the irrigation system. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 7. The applicant may build a single building on one or more lots or a building on each individual lot. 8. Applicant shall comply with the requirements of the Sanitary Services Department for garbage disposal. 9. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Assessment fees for water and sewer service are determined during the building plan review process. 12. 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. 13. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped 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 source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 6 14. Show all existing and proposed easements for irrigation/drainage facilities located within the boundaries of this proposed development (i.e., Ridenbaugh Canal easement). 15. Elimination of the cul-de-sac north of Copperpoint Dr. is not considered a significant change to the Preliminary Plat. Adopt the Recommendations of ACRD as follows: 16. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of- way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACRD Ordinance # 195. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 17. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 18. Construct three public roadways extending off East Copperpoint Way, as proposed. The roadways are Broolcstone Way, Rolling Stone Way and Cobblestone Way. ^ Broolcstone Way is located on East Copper Point Drive approximately 360-feet east of Eagle Road. ^ Rolling Stone Way is located on East Copper Point Drive approximately 680-feet east of Eagle Road. ^ Cobblestone Way is located on East Copper Point Drive approximately 1,000 feet east of Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 7 r ~ 19. Construct all public roads within the subdivision as 40-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 54-feet of right-of-way. 20. Construct an ACHD approved turnaround at the end of Cobblestone Way, Rolling Stone Way and Brookstone Way. Submit a design of the turnaround for review and approval by District staff. 21. The turnarounds shall be constructed to provide a minimum turning radius of 55-feet. 22. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 23. Any existing irrigation facilities shall be relocated outside of the right- of-way. 24. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 25. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 26. Comply with all of ACHD's Standard Requirements in their report dated January 9, 2002. 27. Additionally, comply with the Preliminary Plat report from ACRD dated January 10, 2002 as follows: a. Drainage plans shall be submitted and subject to review and approval by the District. b. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 8 the District: 1. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. 2. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. 3. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. c. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. d. If Public Right-of-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. e. Furnish easements, agreements and all other datum or documents as required by the District. f. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. g. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. h. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Adopt the Meridian Fire Department Recommendations as follows: 28. Afire-flow consistent with the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 9 ~ ~ 400' apart. 29. Operation fire hydrants and temporary or permanent street signs are required before combustible construction begins. 30. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 31. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 32. All radii shall be 28' inside and 48' outside radius. 33. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 34. The roadways shall be built to ACHD standards. 35. All processes and storage shall comply with the Uniform Fire Code. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 36. Applicant shall apply for a land use change/site application. 37. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the District. Adopt the Recommendations of the Central District Health Department as follows: 38. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. 39. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 10 40. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 41. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Service as follows: 42. Expand the gate access for the dumpster enclosure at CopperPoint. 43. If service is going to be for three buildings, then daily service on an 8 yard dumpster shall be required. Additionally, adopt the action of the Council from their February 19, 2002 meeting as follows: 44. Applicant shall have the option of eliminating the cul-de-sacs on the south side of CopperPoint Way, to allow for flexibility to accommodate the building sizes on the lots by any future tenants; if there will be a building which will be built across the cul-de-sac rights-of-way as shown on the preliminary plat. 45. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 46. That the Mayor shall correspond with the Ada County Highway Commission to address the below issue. Additionally, if the Commission does not agree, then it shall be requested as a topic for a joint meeting. (The developers of Silverstone Corporate Center have proposed to construct curb, gutter and sidewalk for the full half-mile stretch along both sides of Eagle Road south of Overland. In return, they are requesting an off-set to their impact fees. However, to date, ACRD has not been supportive of allowing the curb and gutter installation. P&Z and Public Works staff supports the developers' request and believe the curb and gutter improvements should be made at the time of subdivision development, assuming the ultimate right-of-way line is firm. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 11 By action of the City Council at its regular meeting held on the day of ~G~LGh , 2002. ROLL CALL COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED_ `~~~e'~ COUNCILWOMAN McCANDLESS VOTED__~~~~- COUNCILMAN NARY VOTED_ I~~~ ~. MAYOR ROBERT D. CORRIE VOTED 5~ (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By~ ~~C~ Dated:3'~'~ City Clerk Z:\Work\MWleridianWleridian 15360M\Silverstone Corp Cntr Phase II AZO1-025 PPO1-025 043\FfClsOrdPP.doc ~., g~ ~.., ~: -~~. .~'~ ~r~ .: -~. r^ ~. ~~ ,~~~. },l~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE CORPORATE CENTER PHASE II / (PP-O1-025) 12 • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH FABRICATION, OFFICE, RETAIL, AND HEALTH CLUB FOR SILVERSTONE CORPORATE CENTER PHASE II IN A C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-01-043 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT The above entitled conditional use permit application having come before the City Council on February 19, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and Cornell Larsen, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 • ! who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- vcnt: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 19, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 19, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 • forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-1 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the southeast corner of E. Overland Road and S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Sundance Investments Limited Partnership or Assigns of Boise, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-1 by Ada County. There is, however, there is a current application before the City Council for annexation and zoning to C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of High-Tech Fabrication, office, retail, and health club. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 i ~-~ by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps acid the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Bicycle racks shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. 2. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. 3. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. 4. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parking lot dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. 5. The submitted landscape plan includes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. 6. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific review will occur prior to application for building permits. 7. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. 8. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 letter of approval from their office when applying for a Certificate of Zoning Compliance. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 10. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 11. Any existing domestic wells and/or septic systems within this project shall 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. 12. Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered baclcfill. 13. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 14. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 16. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17. All signage shall be in accordance with the standards set forth in the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 18. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 19. All construction shall conform to the requirements of the Americans with Disabilities Act. Additionally, applicant shall comply with the following: 20. All the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-O l -025) and Annexation and Zoning documents (AZ-01-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 21. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed Residential". It is also found that the development plan, with the accompanying list of uses, will be developed in compliance with the Meridian Zoning Ordinance if developed in accordance with the original Development Agreement. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character o the same area; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services listed above. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; it is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 • c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in ,accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 I provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of High-Tech Fabrication, office, retail and health club, in a C-G zone located at the southeast corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Bicycle racks shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 • 2. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. 3. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. 4. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parking lot dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. 5. The submitted landscape plan includes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. 6. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific review will occur prior to application for building permits. 7. signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. 8. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 i ~ as per City Ordinance. lO.Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un-initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 11.Any existing domestic wells and/or septic systems within this project shall 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. 12.Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered baclcfill. 13.Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 14. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 16.Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17.A11 signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 18.Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 19.A11 construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 • Additionally, applicant shall comply with the following: 20. All the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-01-025) and Annexation and Zoning documents (AZ-01-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 21. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 ~ ~ 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 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ~ , 2002. ROLL CALL: . COUNCILMAN KEITH BIRD VOTED ~. COUNCILWOMAN TAMMY deWEERD VOTED ~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED_ `~~r~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: ~~-©~ MOTION: APPROVE DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. ~. '-. L }- By: '~` Da`te ~~'~~ City Clerlc ~: ~ .r~.~ ~ ~ ~, ~, C , ~c~ '~' R ~ ~ t': ~. .~ 1 ~ ~ ~ r .v ;~,'. \204.229.127.194\SERVERZ~Worlc~IvlWleridian~[Vleridiafri,~5~6Q~~~v s on~~~~.ntr Phase II AZO1-025 PPOI-025 :"M CUPOI-043~FfCIsCUP01-043.doc ^t~',~.,, `~'; ~ .u. "' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH FABRICATION, OFFICE, RETAIL, AND HEALTH CLUB FOR SILVERSTONE CORPORATE CENTER PHASE II IN A C-G ZONE, LOCATED AT THE SOUTHEAST CORNER OF E. OVERLAND ROAD AND S. EAGLE ROAD, MERIDIAN, IDAHO SUNDANCE INVESTMENTS LIMITED PARTNERSHIP OR ASSIGNS, APPLICANT Case No. CUP-01-043 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the February 19, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT - 1 (CUP-O1-043) 2. That the above named applicant is granted a conditional use permit for development of High-Tech Fabrication, office, retail and health club in a C-G zone located at the southeast corner of E. Overland Road and S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Bicycle racks shall be installed at all buildings used for office and retail use within the Silverstone II Subdivision. 2. The City of Meridian may impose restrictions and conditions in addition to current City Ordinances, as defined by the Development Agreement. 3. This Conditional Use Permit is for the overall concept and mixture of uses. Significant changes to the plan as proposed shall require modification of the CUP. Slight modifications that comply with the overall development plan approval shall not require future public hearings. 4. Site Plan: Detailed review of the site plan is not possible; only the concept is being reviewed. Detailed site plans that meet all parking lot dimensional and landscaping standards per City Ordinance shall be reviewed and approved during the building permit process. 5. The submitted landscape plan includes conifers located in the required street buffer. This is in violation of the Landscape Ordinance; however, the inclusion of the pine trees at this location would be allowed because conifers were permitted as part of the original Silverstone Corporate Center landscape plan. 6. Parking Lot Landscaping: Landscape islands serving a single row of parking shall have one tree. Islands serving a double row of parking shall have two trees. A planting island shall be provided to break up the asphalt every 12 continuous stalls. The site plan submitted does not meet this requirement. All site plans shall be reviewed at the Certificate of Zoning Compliance stage to ensure compliance with the Meridian Landscape Ordinance. Planning and Zoning Commission review of the overall site plan is general only, and specific review ORDER CONDITIONAL USE PERMIT - 2 (CUP-O1-043) will occur prior to application for building permits. 7. Signage: Although signage locations are noted on the plan, no details of proposed signage were included. Applicant shall be responsible for proposing a sign program for the entire development as part of the conditional use process. 8. Trash Enclosures: No trash enclosures are shown on the Conceptual Site Plan. Applicant shall coordinate locations and construction requirements of the required trash enclosures with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 9. All conditions placed on this application shall run with the land and shall not lapse or be waived as the result of any change in tenancy or ownership of any or all of the lands governed by this CUP application. All such conditions shall be deemed the requirements for the issuance of a Certificate of Occupancy for any use or structure as per City Ordinance. 10. Initiation of work on the planned development shall take place within eighteen months, as set forth in section 11-17-4. All phases of the planned development shall be completed within 5 years of the date of approval; approval of any un- initiated phases shall lapse after that time unless a time extension is granted by the Council (MCC12-6-8). 11. Any existing domestic wells and/or septic systems within this project shall 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. 12. Compaction test results shall be submitted to the Meridian Building Department for all lots receiving engineered backfill. 13. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 14. Paving and striping shall be in accordance with the standards, set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. ORDER CONDITIONAL USE PERMIT - 3 (CUP-O1-043) 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CC&R's of the subdivision. 16. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 17. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 18. Provide five-foot-wide sidewalks throughout development in accordance with City Ordinance. 19. All construction shall conform to the requirements of the Americans with Disabilities Act. Additionally, applicant shall comply with the following: 20. All the Recommendations of Fire Department, ACHD, Central District Health and Nampa and Meridian Irrigation District, contained in the Preliminary Plat (PP-O1-025) and Annexation and Zoning documents (AZ-O1-025) also apply to the conditional use permit. Additionally, pursuant to the action of the City Council from their meeting held on February 19, 2002, the following shall be required: 21. That the uses for this conditional use application shall be allowed as the uses listed under Exhibit "C" of the original Development Agreement, dated July 17, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness dated October 12, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101111016. 22. Applicant shall not be required to provide a micropath along the north side of the Ridenbaugh Canal. 3. The above conditions are concluded to be reasonable and the ORDER CONDITIONAL USE PERMIT - 4 (CUP-O1-043) • ~ applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. without complying with the provisions of Meridian City Code § 11-17-8, a copy of 4. Notice to Permit Holder, this conditional use permit is not transferable which is attached to this permit. day of By action of the City Council at its regular meeting held on the 2002. ~~ be~ D. Morrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. ,,,,,,~~~ ~" By~ ~ Dated: C' Cl k / /~'O~ ~ . ~~ ~, ~ - ~,~, , ~:^ t. ~ h ~• Y ";~ ity er ~ . ~ ~, ,fi ~~,, k :~~ «;~ . Z:\Worlc\M\Meridian\Meridian 15360M\Silverstone Corp Cntr Phase II AZO1-025 PPOI-025 CUPO1-043\UrderCUP.doc Yy ORDER CONDITIONAL USE PERMIT - 5 (CUP-O1-043) • March 1, 2002 • MERIDIAN CITY COUNCIL MEETING March 5, 2002 APPLICANT Lisa Fregoso /Tequila Grill Restaurante ITEM No. 3 -p REQUEST Approve Application for Beer and Wine Licenses for Tequila Grill Restaurante located at 2031 E. Fairvew Avenue # 103 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: ~~ U~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Merldlan. March 1, 2002 MERIDIAN CITY COUNCIL MEETING March 5, 2002 APPLICANT Department Reports -- PUblic Works ITEM NO. ~ ~ ~,-~ REQUEST Professional Services Contract with tnterwest Management for Waste Water Treatment Ptant UV, Grit Basin i~ Ouffall Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See /Wached 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: Date: Phone: Materiab presented at public meetings shall become property of the City of Mertdlan. • the City's opinion, we can relocate the water line under the bridge with our own forces. Our estimated cost to lower the water main ourselves is $8,800. ACHD's estimated cost for design and construction of the special cast-in-place totals $7,100. I have requested copies of their detailed estimates but have yet received them. Recommended Council Action: Appro~ the contract between the City of Meridian and Ada County Highway District for design and construction of the Overland Road Bridge over Ten Mile Cnaek for a not to exceed amount of $7,100, including modfication of the agreement to allow the construction item to be an add alternate, and authorize the Mayor to sign and the City Clerk to attest. Thank you. Please contact me if you have any questions regarding any of these items. • Page 2 • Memo To: Brad Watson From: Lenard Grady ~4 ' CC: Gary Smith Date: 3/1/2002 Re: Proposed Agenda Items for March 5, 2002 City Council Meeting RECEI~TED City of Meridian,. City Clerk Office The Public Works Department respectfully requests the following items be placed on the March 5 City Council agenda, under Department Reports, for Council's consideration: 1) Professional Services Contract with InterWest We have the provision to use a Facilitator during the construction of the UV/Headworks project. Tumkey, Keller and the City have jointly agreed on using Wilma Strohmeier of InterWest. She has been sucxessful in partnering with Keller and Tumkey on other projects. The proposed amount of the contract is $4,700, which allows for kickoff meetings, a follow up meeting in two weeks, and monthly meetings for the remainder of the project. Recommended Council Action: Approve the contract between the City of Meridian and InterWest Management Associates Inc. for the amount of $4,700 and authorize the Mayor to sign and City Clerk to attest the contract. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Fromthe desk of... • Page 1 PW ~ 1 ~"-r .mot`"' I,ea~rd Grady Staff Engineer Meridian Pubfic Works Iaepartmerd 660 E. Watatower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fate (208) 887-1297 gradyl~ci.rxreridian.id.us ~~ INTERWEST MANAGEMENT ASSOCIATES INC. March 1, 2002 Len Grady City of Meridian 660 E Watertower Suite 200 Meridian, ID 83642 Dear Mr. Grady: In accordance with our recent discussions, InterWest Management Associates, Inc., looks forward to working with the City of Meridian. In that regard, this letter will confirm our relationship beginning March 6, 2002. InterWest will provide to the City of Meridian, the services in the time periods or on the dates set forth on Exhibit A attached. Additionally, for your protection, Exhibit C is InterWest's Confidentiality Agreement under which InterWest agrees to protect the confidentiality of your proprietary information. Based upon our discussion an hourly fee with a not to exceed provision has been chosen for this agreement, as set forth in Exhibit A. In consideration for the services and fees set forth in Exhibit A the City of Meridian will remit to InterWest, upon invoice, the amounts due in accordance with InterWest's Standard Terms of Agreement as identified in Exhibit B. We at InterWest look forward to a mutually beneficial relationship with the City of Meridian. If this Agreement is satisfactory, please sign below on both copies and return one copy to our office in the enclosed envelope. If you have any questions, please give me a call at 208-343-1244. Accepted and Approved by: Wilma Strohmeier Accepted and Approved by: InterWest Management Associates, Inc. City of Meridian Date 3 • ! • o ~-- Date clientl.agr 021294 page 1 INTERWEST MANAGEMENT ASSOCIATES, INC. EXHIBIT A WILMA STROHMEIER OF INTERWEST MANAGEMENT ASSOCIATES, INC. AGREES WITH LEN GRADY OF THE CITY OF MERIDIAN TO PROVIDE THE FOLLOWING SERVICES FOR THE CITY. STATEMENT OF SERVICES FACILTTATE THE DEVELOPMENT OF A PARTNERING AGREEMENT AND A PARTNERING CHARTER WITH THE TEAM OF PEOPLE WORKING ON THE WASTEWATER TREATMENT PLANT CONSTRUCTION PROJECT THE CITY OF MERIDIAN JUST AWARDED TO TURNKEY CONSTRUCTION AND KELLER ASSOCIATES. MONITOR THE IMPLEMENTATION OF THE AGREEMENT AND ASSIST WTTH THE MAINTENANCE OF THE AGREEMENT AS REQUIRED THROUGHOUT THE LIFE OF THE PROJECT, APPROXIMATELY SIX MONTHS. IT IS EXPECTED THAT THE WORK WILL BE ACCOMPLISHED IN THE MERIDIAN AREA. SCHEDULE OF COSTS THE FEE FOR THESE SERVICES IS $85.00 PER HOUR, NOT TO EXCEED $4700.00, PLUS ANY OUT OF POCKET EXPENSES INCURRED BY MS. STROHMEIER. ONLY PRE-APPROVED OUT OF POCKET EXPENSES WILL BE ELIGIBLE FOR REIlVIBURSEMENT INTERI~ST MANAGEMENT ASSOCI~S, INC. EXHIBIT B Standard Terms of Engagement for Services This statement sets forth the standard terms of our engagement. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. Billing Arrangements and Terms of Payment Unless otherwise agreed, we will bill you on a regular basis, normally the 16th and the last day of each month, for both fees and disbursements. You agree to make payment within 30 days of receiving our statement. Unpaid fees and disbursements accrue interest at the rate (noncompounded) of 1.5 percent per month (18 percent per annum) from the date on which they became overdue. We will give you prompt notice if your account becomes delinquent, and you agree to bring the account or the retainer deposit current. If the delinquency continues and you do not arrange satisfactory payment terms, we will withdraw from the representation and pursue collection of your account. You agree to pay the costs of collecting the debt, including court costs, filing fees, and a reasonable attorney's fee. Out-of-Pocket Expenses We typically incur, and pay on behalf of our clients, a variety of out-of-pocket costs arising in connection with our services. These include charges made by government agencies and service vendors as well as clerical charges. Whenever such costs are incurred, we will carefully itemize and bill them. Typical of such costs are long distance telephone charges; messenger, courier, express delivery charges and certain other postage; telecopy and telex charges; printing and reproduction costs; filing fees; travel.expenses (mileage at the federal rate); charges made by outside experts and consultants, including accountants, appraisers and legal counsel (unless arrangements for direct billing have been made); computerized research charges; and charges for automated document production (word processing). We incur outside costs as agents for our clients and incur internal expenses on behalf of our clients, who agree that these costs will always be paid on a regular basis. Arbitration If you disagree with the amount of our fees, please take up the question with our management. Typically, such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. In the event of a fee dispute that is not readily resolved, you have the right to request arbitration under the rules of American Arbitration Association, Boise, Idaho, and we agree to participate fully in that process. Independent Contractor In furnishing services hereunder, INTERWEST shall be acting as an independent contractor in relation to you. Nothing contained herein shall be deemed to constitute or create an employment, partnership joint venture or agency relationship between the parties. Third Party Contractors INTERWEST may, from time to time, employ certain third party consultants to provide services hereunder. Such consultants shall, for the purposes of this agreement between INTERWEST and client, be the sole responsibility of INTERWEST. Attorney's Fees [n event either party shall commence an action to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees and the fees and costs of expert witnesses. Governing Law This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. INTERWEST MANAGEMENT ASSOCIA"I~ES, INC EXHIBIT C Confidential Agreement This Agreement is implied at our first business meeting and effective at the signing of a contract by and between INTERWEST Management Associates. Inc., 2308 Overland Road, Boise, Idaho 8370 ("INTERWEST") and our Client. This Confidential Agreement is being attached to that signed contract. WI~REAS, Client intentionally or unintentionally discloses trade secrets, operating procedures, and other proprietary information not in the public domain, including without limitation confidential data sufficient for INTERWEST to provide service for the sole and exclusive use by Client and its assignees, hereafter called "Confidential information." It is also the understood that this Agreement and the existence of it are "Confidential information." NOW, THEREFORE, it is agreed as follows: 1. INTERWEST agrees to use the Confidential information only in the rendition of services to Client. and INTERWEST agrees not to disclose any such information to any other person except with prior written consent of Client. 2. INTERWEST shall use reasonable care not to disclose the Co~dential Information to any unauthorized third party, exercising the same degree of care INTERWEST normally accords its own Confidential Information, but in no event less than reasonable care. INTERWEST warrants that any employee or agent who may have access to any Confidential Information is subject to a written agreement which enforces and prevents disclosure of the Cow dential Information. 3. INTERWEST shall have no obligation with respect to any such information which: a). Is shown to have been known, available, or developed by INTERWEST independent of any disclosure by Client; or b). Is or becomes generally available to the public; c). Is furnished [o a third party by the Client without similar restriction on the third party's rights; or d). Is lawfully obtained from a third party without restriction and without breach of this or any other agreement. e). INTERWEST shall not be liable for disclosure of any Confidential Information required by law or in response to a valid order of a court of competent jurisdiction or authorized government agency. 4. INTERWEST agrees not to disclose to Client, its employees, or agents any third party proprietary and confidential information. 5. This Agreement, and the obligations hereunder, shall survive and remain in effect, regardless of any other contract or understanding made by the parties for a period of three (3) years from the effective date. 6. This Agreement tnay not be amended except by a writing signed by both parties hereto; shall be governed and construed by the laws of the State of Idaho; and shall inure to, and be binding upon, the parties. their heirs. successors and assigns. IN WITNESS WI~REOF, the parties have executed there approval by signing the client agreement. Exhibit C-Confidential Agreement.doc March 1, 2002 MERIDIAN CITY COUNCIL MEETING March 5, 2002 r~ ICJ APPLICANT Department Reports -- Public Works ITEM No. ~ - ~A, -2 REC~UEST Design & Construction Agreement with ACHD for Overland Road Bridge (ACRD Project Number 502002) 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: COMMENTS See Aftached ~" . ~p~' OTHER: Contacted: Date: Phone: Materials p~eseMed al public meet(ngs shall become property of fhe City of Meridian. Memo To: Mayor Come /~~~Z/ From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk aa~e: 3/1/2002 Re: Proposed Agenda Items for March 5 City Counal Meeting City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the March 5 City Council agenda under Public Woiics Department Reports: 1) Professional Services Contract with Interwest Management for WWTP UV, Grit Basin & Outfall Project. Please refer Len Grady's March 1 memo to me (attached}. Recommended Council Action: Approve the contract between the City of Meridian and InterWest Management Associates, Inc. for facilitation of the UV, Grit Basin ~ Outfalt Project on a time and materials basis, not to exceed, amount of $4,700 and authorize the Mayor to sign and the City Clerk to attest. 2) Design ~ Construction Agreement with ACRD for Overland Road Bridge (ACRD Project No. 502005). This agreement between Ada County Highway District and the City of Meridian involves the widening of the bridge on Overland Road just east of Meridian Road. The City's existing water line goes through the wing walls of the existing bridge structure. This agreement would authorize ACHD's engineering consultant to design acast-in-place concrete structure around the water line (so that it need not be relocated) as opposed to the pre-cast concrete bridge sections they plan to use. The agreement would also authorize ACRD to include the cast-in-place section of the bridge in their bid documents and provide for reimbursement by the City of Meridian. A draft agreement is attached along with an email from Fromtheaeskol:.. Chuck Rinatdi of ACRD to me. We want to include the cast-in-place portion of the project as a bid alternate so ~ that if the bid price for that work is exorbinatnly high, in Me~;dianruhu~w«>~nen 660 E. Watertowes Lane, Suite 200 Meridian, Idaho 83642 RECET~TED (208)898-5500 Fax: (208) 887-1297 • Page 1 watsq't>~t ci.rr~idia~''id'~s the City's opinion, we can relocate the water line under the bridge with our own forces. Our estimated cost to lower the water main ourselves is $8,800. ACHD's estimated cost for design and construction of the special cast-in-place totals $7,100. I have requested copies of their detailed estimates but have yet received them. Recommended Council Action: Approve the contract between the City of Meridian and Ada County Highway District for design and construction of the Overland Road Bridge over Ten Mile Cnrek for a nat to exceed amount of $7,100, including mod cation of the agreement to allow the construction item to be an add alternate, and authorize the Mayor to sign and the City Clerk to attest. Thank you. Please contact me if you have any questions regarding any of these items. • Page 2 AGREEMENT TO DESIGN AND CONSTRUCT ACAST-IN-PLACE SECTION FOR THE TEN MILE DRAIN CROSSING OF OVERLAND ROAD, EAST OF MERIDIAN ROAD TO ALLOW THE EXISITNG MERIDIAN WATER LINE TO REMAIN IN ITS CURRENT LOCATION AS PART OF THE ACHD PROJECT: OVERLAND ROAD E/O MERIDIAN TO W/O EAGLE ACHD PROJECT N0.502005 This agreement, made and entered into this day of, 2002 by and between Ada County Highway District, through its Director (hereinafter called the ACRD) as first party, and City of Meridian by and through its Mayor and City Council (hereinafter called Meridian) as second parry, both parties being a body politic and corporate of the State of Idaho; WITNESSETH WHEREAS, the ACRD, through HDR Engineering, is designing a certain roadway project (hereinafter referred to as the "Project") which includes extending the bridge crossing Ten Mile Drain approximately 30 feet to the north and south of the existing structure using apre-fabricated concrete box; and WHEREAS, Meridian has a water line that is in conflict with the design of the new addition to the structure; and WHEREAS, Meridian has estimated a cost to relocate the water facility that is greaterthan the cost the project designers have estimated for design and construction of a cast-in-place structure; and WHEREAS, Meridian has asked the ACHD to design and construct avast-in-place structure on behalf of and as an acxommodation to Meridian in order to realize certain cost savings and avoid disruption of water service; and NOW, THEREFORE, in consideration of the premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. THE ACHD SHALL: a. Design, solicit, receive and open bids and execute and administer the Contract (the Project documents are hereinafter referred to as the "Contract"}; with respect to the installation of a cast-in-place structure as part of the construction of the Project. b. Provide Meridian with a complete set of bid documents for the cast-in-place structure installation work; c. Furnish Meridian with an abstract of all bids received and obtain Meridian's concurrence with the ACHD's recommendation for award of the cast-in-place structure portion of the Contract prior to making such award; Joint Effort Agreement Page 1 • ` ~ ~(ts~~r Y R C UE J. ~?~a~°i;~ ~~Y~i/tiIRE;U .. ~ :f.. ~~~~ ~~' ~ S ~~ ~~ CITY OF MERIDIAN fIkCORDED-REQUEST Cis n E E ~I V..~~-' C E ~ ~ .... __-- ~020~~3~9~ ORDINANCE NO. ~~s! ~~ AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS LDS CHURCH SOUTH OF E. FRANIQ.IN ROAD AND EAST OF S. LOCUST GROVE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED NEIGHBORHOOD BUSINESS DISTRICT (C-N); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 1 • and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 3 ! • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~`~ day of ,~G~Zc~~ , 2002. /'~ r LV1C1 OK~.tti i13''M1'- 9~d'{F< ~~ CC +.r ~~~~, ~ ~ _ ~"g~* o r ~, ~w _ ~~ ~, d CITY CLERK ~ , - ,~ -p~ ;.~ :~ First Reading: ~~~ ~z- ' ~ ~~,; d Second Reading: ~ -' Third Reading: --- Adopted after first rea ing by suspension of the Rule as allowed by Idaho Code 50-902: Yes No STATE OF IDAHO,) County of Ada. ss. On this~day of ~(~,~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ;~"~:,~" s ~ ^ ~ • .~ ~~~; ~ OF~ Z:\Work\M\Meridian\M~i~diui~ C~ .~`CI~J NOTARY PUBLIC FOR IDAHO RESIDING AT: ~ ~ ,9 ~~ '~ MY COMMISSION EXPIRE -Z$--pS Church AZ-O1-019 CUP-O1-038V1ZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 4 • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada ~'nty3 g State of Idaho, do hereby certify that the attached copy of Ordin~ ce No. ~, G~ passed by the City Council of the City of Meridian, on the ~- day of ~/~G~ 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. ,~ ~~ ~p~ ';~'' -, ~~~ STATE OF County of Ada, ~° ~' ~:~~,~ l WILLIAM G. BERG, JR. On this ~ day of OIIL~ , in the year 2002, before me, c~~0~W1s ~u--~V , a Notary Public, appeared WILLIAM G. BERG, JR., lcno~m or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~...... .•' O N S~~ --- pT•A~ ~ ~ ~~ (SEAL) ~ ~ Notary Pu lic for Idaho ~,_ ,` ,, ,~! ~ Commission Expires: ©~-Zg-4S •~<~pg •.^.. Z:\Worlc\M\Meridian\Meridian 15360M\LDS Church AZ-O1-019 CUP-O1-038\CertificationOfClerlcOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-015 ~- ~ o ~ _ O m ~ O W_ ~ o yN~ Z W ~ ~ N = Q CJ ~ Q-n o ~ °° ~ ~ _ ~ ~ ~co o~ U ~ wN z O ~~ OQo U~ J F ~3~ HWg Q Z W N U$ „ ~ p z O ? _ ,. ,:~. A U P~ ~~ R ~J C,~~'117 ""~,4'~',~~?RL ~T ~~n ,, Z0~1 ~1~ I I ~1 ;~: ~;; CITY OF MERIDIAN ORDINANCE NO. ~~'~ 7 ~ 9 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS INGLENOOK SUBDIVISION LOCATED AT 2720 SOUTH LOCUST GROVE AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ~R~CL~~C~D - RcC~~~. ~ ~ ~. _._.. C E ' - _ _..... _._. ANNEXATION AND ZONING ORDINANCE (AZ-01-023) - 1 • • A parcel of land located in the NW '/4 of the SW 1/4 of Section 20, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 19, 20, 29, and 30, T. 3N., R. lE., from which the 1/4 corner common to said Sections 19 and 20 bears North 00°44'49" East, 2654.71 feet; thence North 00°44'49" East, 1522.32 feet to the REAL POINT OF BEGINNING; thence continuing North 00°44'49" East, 268.70 feet; thence South 89°52'45" East, 909.13 feet; thence along the extended westerly boundary and westerly boundary of Tarawood Subdivision, as same is recorded in Book 82 of Plats at Page 8925, records of Ada County, Idaho, South 28°59'25" East, (record South 28°57'29" East) 186.61 feet; thence South 40°45'00" East, 140.39 feet (record South 40°43'40" East, 140.40 feet); thence departing said westerly boundary North 89°51'08" West, 1094.72 feet to the Point of Beginning. Containing 6.12 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING ORDINANCE (AZ-O1-023) - 2 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~ Gj2/ , 2002. - ~~ APPRO BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of QOLG-~2 , 2002. ATTEST: ~~~, ~"~• ~~ -" - 3 ANNEXATION AND Z ONI NG ORDI NANCE First Reading: ~'S ©~' Adopted after first reading b suspension of the Rule as allowed Code 50-902 Yes: No: Second Reading: Third Reading: STATE OF IDAHO,) ss. County of Ada. ) pursuant to Idaho On this ~~ day of~(~,~,(Jh , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ....._ ~~,~ _ NOTARY PUBLIC FOR IDAHO o ~' ~ RESIDING AT: ~a,COI~ , c~c~2~u> MY COMMISSION EXPIRES: o -2S~-OS . , ~~.T9.P~,ZG ~O ~ •~OF19A•'•• •.....• Z:\Work\M\Meridian\Meridian 15360M\Inglenook Sub AZO1-023 PPO 1-023\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-O1-023) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ©2,-~,3U~ passed by the City Council of the City of Meridian, on the day of ~~ 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. ^R!'Y , ~~~ w ~ ~` ~~ . STATE OF ID S * ~ County of Ada, ~ ) WILLIAM G. BERG, JR. On this ~~ day of ' ' , in the year ~, before me, ~ Cc,-'L~-~ _ ~ •-1~.~_~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 1ST-) 1 a ~~~t~~• M~ • ^ f c~ I ^ V f .~Il, ~ -~t ~ Notary Public for Idaho Commission Expires: ©~- Z8~-D~ Z:\Work\M\Meridian\Meridian 15360M\Inglenook Sub AZO1-023 PPO1-023\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-O1-023 O ~ _ ~ z Z ~ ~ m o C7 cn _ G7 Z r D A m ~ ~ z C7 z~~ Z ~ m Z ir~m ~ ~ ~ ©~~ ~ z ~ D W~~ ~ N N~Z ~ m < ~ ~ ~~ O ~ `A Z O S W - ~ • , ~. ,-, , . ?OD? FIB I 1 A~1 9~ 3 ~~ CITY OF MERIDIAN ~COnu~:C-rt":JEST C FEE CEP .. ~02~~~3~97 ORDINANCE NO. ~ ~~_~~ AN ORDINANCE FINDING THAT THE ESTATE OF ALLEN GENTRY, OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 I, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from R-8 (Medium Density Residential) District to C-C (Community Business) District as defined under Meridian City Code § 11-7-2 I; and SOL C, YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE - 1 • 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land located in the E 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 of Section 7 and the SE 1/4 of the SW 1/4 of Section 6, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 7; thence along the North-South centerline of said Section 7 South 00°34'39" West, 548.43 feet to a point on a curve to the left, said point also being on the centerline of Five Mile Creek; thence along the centerline of Five Mile Creek the following 4 courses; along said curve 18.73 feet, said curve having a radius of 60.00 feet, a central angle of 17°52'55" and a long chord of 18.65 feet which bears North 53°25'31" West; thence North 62°20'48" West, 322.40 feet to the beginning of a non-tangent curve to the right; thence along said curve 32.23 feet, a radius of 30.00 feet, a central angle of 61°32'59" and a long chord of 30.70 feet which bears North 31°32'36" West; thence North 00°44'24" West, 307.24 feet to a point on the SOL C. YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE - 2 southerly boundary line of Ada County tax parcel No. 51107212530; thence along said southerly boundary line North 62°58'35" East, 115.32 feet to a point on the centerline of Fairview Avenue (U.S. Highway 30); thence along the centerline of Fairview Avenue North 88°47'00" East, 223.46 feet; thence leaving said centerline South 00°34'39" West, 2.86 feet to the POINT OF BEGINNING. Contains 3.35 acres, more or less. 4. The following conditions shall be required as follows to-wit: 1. Applicant shall work with the Public Works Department on dedication of an easement paralleling the Five Mile Creelc for a future sanitary sewer relief main. 2. Dedicate 60-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation of the sidewalk with District staff. 4. Construct a 24 to 30-foot wide driveway at the west property line to align with Barbara Street on the north side of Fairview Avenue. 5. Required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. SOL C. YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE - 3 s 6. Upon review of a specific development application, ACHD may have additional requirements not addressed in their report. 7. Comply with all Standard Requirements of the February 21, 2001 ACHD Commissioners letter, which they acted on MRZ- 01-001, and which conditions and requirements also apply to this application (RZ-O1-007). 8. That all uses on this property shall require a conditional use permit. 9. That a significant portion of the property is within the flood plain, which Five Mile Creek runs along; that Five Mile Creek is designated as a multiple use pathway and in the future open discussion on how to accommodate a pathway through the area shall be required, which shall be included as part of the conditional use permit process in the future. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C-C) Community Business District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its SOL C. YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE - 4 • passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of /~2G~ Z-~~ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~'I GTiLGh~ , 2002. ATTES City Clerk ~-. First Reading: ~ ~" ~ ~ ~ Adopted after first readin by suspension Code 50-902: YES NO Second Reading: Third Reading: SOL C. YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE ~~~ ~~. ~' pursuant to Idaho -5 ~ ~ STATE OF IDAHO,) County of Ada. ss. On this ,~`~`~ day of L~~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) -, .~ . , . ; . , C~.~,- NOTARY PUBLIC FOR IDAHO RESIDING AT:~ l,Vv~~i: •.~a~a-~~ MY COMMISSION EXPIRES: ~~~-2~~0`~ Z:\Work\M\MeridianWleridian 15360M\Sol C. Yaun RZA1-007\RZOrdinance.doc SOL C. YAUN / (C-C) RZ-O1-007 RE-ZONE ORDINANCE - 6 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada Count , State of Idaho, do hereby certify that the attached copy of Ordinance No. 02; ~~ passed by the City Council of the City of Meridian, on the .lam ~ day of ~~ 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. STATE OF County of Ada, .yr~.~Y ' ~~ wqugk.'hl, 1..,.' r , ~~ ~' ~~,M /Y~l~~/v -- I WILLIAM G. BERG, JR. On this da of Yti( ~ , in the year 2002, before ine, ~~~~r~ ~-~,~-~,.~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) . , . , s o~ ~~~rai~ L~ Notary Public for daho Commission Expires: ~~.-_Zg-®S CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - RZ-O1-007 ~ ~ C ~ E 3RD ST N ~ ~ ~ wpm D~ Nooz G7 ww= ~Z7 y O w rn ~ 00o fTl O O N m ~ v ~ D (;+ Cn ~ r~rt S N N m (~D CUJ1 N ~ ~ s ~ D W r D n m z z ~ 0 2 4i w o. ,tiZ'L0~ a, N ~ ~ ~ ~+ ~ rnv ~ ~ iA~ ~'~ BARBARA DR ~ ,~~v ti N i0 N ~ ~ W O ~ ~ ~ O (J~ ~ ,o S00'34'39"W ~? 548.43' S00'34'39"W 2.86' ~o ~z z~ z z~ c~ ~' D Z Z7 ...~ m D 5 m D m a O ~~ ~ N !^ ~_ ^~' ~ „ m Z ° ~~ n Z of ~ Z O fTl az~0 rn rr. ooh ~ (7O Z ~'cD z Z N ~ ro'~ Z I a o ~ p ~ ~ m I .~~ O ~ o i ~p~D~~ - ~~,Gl1~ST Gr :~ ~. CG'~P! FOR pt: 2D~2 ~ I I ~?`fi g~ 3 CITY OF MERIDIAN ~~~~u59~ ORDINANCE NO. ~~' ~~~ AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS IDAHO TRUCK SPECIALTIES LOCATED ON THE NORTHEAST CORNER OF EAGLE ROAD AND COMMERCIAL COURT AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE' STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-O1-024) - 1 • ~ I A portion of Lot 1 and Lot 2, Block 2, Commerce Park Subdivision, and a portion of the Southwest 1/4 of Section 9, T.3N., R.lE, B.M., Ada County, Idaho, more particularly described as follows: Commencing at the TRUE POINT OF BEGINNING and the found Aluminum Cap at the center line intersection of North Eagle Road and Commercial Court from which the found Aluminum Cap at the Quarter Corner common to Sections 8 and 9 of said Township and Range bears North 00°00'00" West a distance of 871.94 feet; thence along the section line common to Sections 8 and 9 and the center line of North Eagle Road, North 00°00'00" West a distance of 459.63 feet to a point; thence South 90°00'00" East a distance of 70.00 feet to a found 5/8 inch rebar with plastic cap stamped "DHR PLS3624" at a point on the north line of the original said Lot 1; thence along the north line of said Lot 1 North 82°11'40" East a distance of 21.97 feet (formerly North 82°52' 10" East a distance of 21.94 feet as called for in Instrument No. 98122186) to a found 5/8 inch rebar with plastic cap stamped "DHR PLS3624"; thence continuing along the north line of said Lot 1 and said Lot 2 South 87°51'28" East a distance of 386.25 feet (formerly South 87°54'48" East a distance of 386.23 feet as called for in Instrument No. 98122186) to a found 5/8 inch rebar with plastic cap stamped "ROYLANCE" at the northeast corner of said Instrument No. 98122186 from which an angle point in the north line of said Lot 2 bears South 88°24'40" East a distance of 49.28 feet (formerly South 87°54'48" East a distance of 49.35 feet as called for in Instrument No. 98122186); .thence along the east line of said Instrument No. 98122186 South 00°01'01" West a distance of 423.66 feet (formerly South 00°00'50" West a distance of 423.62 feet as called for in Instrument No. 98122186) to a found 5/8 inch rebar with no cap on the north right-of-way of Commercial Court.; thence South 00°03'29" West a distance of 25.00 feet to the center line of Commercial Court; ANNEXATION AND ZONING ORDINANCE (AZ-01-024) - 2 thence along the center line of said Commercial Court, North 89°56'31" West a distance of 477.59 feet to the TRUE POINT OF BEGINNING. Containing 5.006 acres, 218,066 square feet, more or less. The Basis of Bearing for this description is between the found Aluminum Cap at the center line intersection of North Eagle Road and Commercial Court from which the found Aluminum Cap at the Quarter Corner common to Sections 8 and 9 of said Township and Range bears North 00°00'00" West as called for on Record of Survey Instrument Number 4820 as recorded in the Office of the Ada County Recorder. Subject to all existing road rights-of-way and easements, of record or appearing on the above described parcel of land. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I- L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-O1-024) - 3 ~ ~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ,~~2G~v , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this y~ day of a/l~f/j't~ , 2002. ~~ ATTEST: CITY CLERK First Reading: ~- ~ ~ 2- Adopted after first reading 1 Code 50-902 Yes: as allowed pursuant to Idaho ANNEXATION AND ZONING ORDINANCE (AZ-O1-024) - 4 • ~ Second Reading: Third Reaciing:_ STATE OF IDAHO,) County of Ada. ) ss. ~--' On this ~ day of ~ ~~ , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~~~~~• `~• ON S~. (SEAL) ~-.~OTA~~.~~!~ NOTARY P BLIC FOR IDAHO • ~ . RESIDING AT: ~c ~jjt;yi.~ a,~c~a.Qii,J MY COMMISSION EXPIRES: p -2$-0` s ~ ~ • ~ • O ~~ ^ ~ Z:\Work\M\Meridian daho Trucking Specialities AZO1-024\AZOrd.doc •~~~~~~~ ANNEXATION AND ZONING ORDINANCE (AZ-O1-024) - 5 mO ~? z z -~ z z~ L1 J ~ N N EAGLE RD r L5 L A m A m ~ c L m ~ D 5 ~ ~ - Z O N MARDING D N N D~ ~ ~ o O1 °n = Z N ~D ^' ~m~ f n ~Z ~ Z7 C7 ~ ~ z° n m A Z 'v o ~ o ~ ~ .tO ~ O N _ w (n ~ D u~~ Z f*1 N z N~Z N ° ~C)I m DO ~ I ~ N~ r v r rn r N r ~ r w r N l- -. r r? v N cn N OWO ~ v o C~7~ co r m z r ~' z `'' ~ o rn c n `' o w ~ D r m Z 00 N O N O N DD Z Dp N co Z O W ~ O O ~I N O O m W o (1~ -+ 0 0 D -', O O ~ j N O N ~ O ~ Z co 00 0 0 0 c~ ~ ~ ~ r*~ ri ni ~ . - - ~, u. • • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~2,- ~~~ passed by the City Council of the City of Meridian, on the J ~ day of ari Gw 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. A ~~'~~ k F. 45. ~ = -+~. i .. vy ~ ~.. o ~~~~ ~''"~ ~~`~/VILLIAM G. BERG, JR. ~ S `' ~ ~. ~ STATE OF IDAHO,~~M~° ~' County of Ada, On his ~J~ day of ~,.~ , in the year `L6D2 ,before me, Q,rWi ,SY~--~~ , a Notary Public, appeared WILLIAM~G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .° ON S~ •~ ~ ; ' OT~•• •~ i (SEAL) ~ • . ; 1 ~ ~. • G ens: ~ ~~.~~ ^a~• a~, ~~~ Notary Public for Idaho Commission Expires: ~~~Z~-O~ Z:\Worlc\M\~Vleridian\Meridian 15360M\Idaho Trucldng Specialities AZO1-024\CertificationOfClerlcOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-024 • r ..~. ~~vu.s ~' ~ ,.,.. ,EC E ~,,,`r ~ t' ^ ;'A ^ R 0 V'' 1DD2 h1R I I a,°1 g~ 3 ~~ CITY OF MERIDIAN F~ECGF~l1ED-~E G1~'ST ~;~~~ r ~E _ Cc .. ORDINANCE NO. ~~'~' 7 ~Z AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SILHOUETTE SUBDIVISION LOCATED EAST OF N. MERIDIAN ROAD AND SOUTH OF E. USTICK ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-O1-020) - 1 • A parcel of land situated in Government Lot 4 of Section 6, T.3N., R.IE., B.M., Ada County, Idaho and being more particularly described as follows: COMMENCING at an aluminum cap marking the Northwest corner of said Section 6, thence along the West line of said Section 6 South 00°16'03" West (formerly South) 780.00 feet to the POINT OF BEGINNING; thence leaving said West line South 73°00'00" East 31.33 feet to a point on the East right-of-way line of North Meridian Road; thence along the centerline of the Onweiler Lateral South 55°00'00" East 240.06 feet to a point of curve; thence continuing along the arc of a curve to the left having a radius of 500.00 feet, a central angle of 09°00'00", a length of 78.54 feet and a long chord that bears South 59°30'00" East 78.46 feet to a point of tangent; thence continuing South 64°00'00" East 120.07 feet to a point; thence leaving said centerline of the Onweiler Lateral and running along the centerline of a ditch South O1°13'57" East 307.86 feet (formerly South 1°30' East 311.6 feet) to a point on the South line of said Government Lot 4; thence along said South line South 89°42'45" West 411.32 feet (formerly West 411.3 feet) to a point on said West line of Section 6; thence along said West line North 00°16'03" East 549.17 feet (formerly North 549.0 feet) to the POINT OF BEGINNING. Said parcel contains 3.96 acres, snore or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-O1-020) - 2 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-O1-020) - 3 • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ `day of l~-Gf2. , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~" day of ~ C!/1-G~ , 2002. ~~ ~~OR - y * C (' ~ v ~ C.- , ~ ~-^ ATTEST: .~~ `~ ,,~ _ . 4~ 1,~ , . ~~ . ~G~~ ~~. > i ~. CITY CLERK ~ ~. , i S 4 w-'~!~'~ • ~~~. First Reading: ~ JC_ ~ ~- ~, ... Adopted after first reading by s `~ f Code 50-902 Yes: Second Reading: Third Reading: _ STATE OF IDAHO,) County of Ada. ) ss. e as allowed pursuant to Idaho On this ~ day of )~ G~-C~y , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y.~~ fi~~st above written. .• •• ~ . pN S •~ (SEAL) : r?% "~ ~ ~ ~ NOTARY PUB IC FOR IDAHO r n ,, RESIDING AT: act :~ ~ : MY COMMISSION EXPIRES: p -2$-~ • • Z:\Worlc\M\Meridian~i~P'~61~M\Silhouette Sub AZ01-20 PPO1-021 CUPO1-039\~1ZOrd.doc f~~0~ ANNEXATION AND ZONING ORDINANCE (AZ-O1-020) - 4 • C7 n C ~~ r ago Z ~~ °o p N o Imo- <~< c rjj rn a i m ~, o ~ Q ~ _v o ~ o n m .~ O Z ~ n 00 = O ~~, Z ~~ g rn ~ ~D ~ v -~ ~ z~~ D~m O ~ '~ Nv mD ~Z v 5z 3 in 0 m ~_ w Z m ~o =v cn mZ ~~ mm ~z ~O °_~ 'C O ~_ ~ 0 Zo • • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada~~ nty~~ State of Idaho, do hereby certify that the attached copy of Ordinance No. G~~ passed by the City Council of the City of Meridian, on the Jr-7z day of ~ 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the. City Clerk of the City of Meridian. ~~ Y *~ STATE OF I County of Ada, "~,~":b"~''~ ~~.~a~x , WILLIAM G. BERG, JR. On this ~'~ day of G~2~%L~ , in the year ,p~02 ,before me, ~ h,Q,YD~'~~Syn,t,-~G~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) . , . ~o: -.... C~.~ , ~ C~rn~t Notary Public for Idaho Commission Expires: Q~-Zg-05 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-020 BEFORE THE MERIDIAN CITY COUNCIL C/C 03/05/02 IN THE MATTER OF THE APPLICATION OF AUTUMN FAIRE, LLC, FOR APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDIVISION NO. 3, LOCATED EAST OF NORTH BLACK CAT ROAD AND SOUTH OF WEST USTICIC ROAD, MERIDIAN, IDAHO CASE NO. FP-02-001 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 March 5, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freclcleton, Engineering Technician III, for the Public Worlcs Department, and David McKinnon, Planner II for the Planning and Zoning Department, listing 6 General Requirements and 21 Site Specific Comments, which are herein found fair and reasonable, and at the March 5, 2002 meeting, Shari Stiles, Planning and Zoning Administrator, and Scott Stanfiled of Earl and Associates, appeared and testified at the hearing, and no ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDIVISION NO. 3 (FP-02-001) -1 ~ ~ one appeared in opposition, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "TRICIA'S SUBDIVISION NO. 3" as evidenced in Plat bearing the "TRICIA'S SUBDIVISION NO. 3, A PART OF THE NE 1/4, SECTION 4, T. 3 N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2002, EARL Sz ASSOCIATES, INC., SHEET 1 OF 2, HAND WRITTEN DATE: 12/18/01," and AUTUMN FAIRE, LLC, 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, of the Public Worlcs Department, and David McKinnon, Planner II for the Planning and Zoning Department, dated February 6, 2002, listing 6 General Requirements and 21 Site Specific Comments, a true and correct copies are 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 Deputy Fire Chief, Joseph Silva, requires that afire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III.A. 1.2 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 &.901.3. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDIVISION NO. 3 (FP-02-001) -2 1.3 Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 1.4 Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 1.5 All radii shall be 28' inside and 48' outside radius. 1.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 1.7 The roadways shall be built to Ada County Highway Standards UFC 902.2.1. 1.8 Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the project. 1.9 The Central District Health Department's requirements shall be complied with as addressed in the District's Environmental Health Division letter dated January 28, 2002. 1.10. The Nampa SL Meridian Irrigation District does not have a record of a signed License Agreement for encroachment on the Sky Pilot Drain. All contracts and agreements are required to be signed and approved by the District's Board of Directors before final approval is granted. 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 FOR TRICIA'S SUBDIVISION NO. 3 (FP-02-001) -3 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 ~` day of ___~~C(/L ~ , 2002. OR ROBERT D. CORRIE Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 1 B City Clerlc ., Z:\Work\M\Meridian\Meridian 15360M\Tricia's Sub FP02-001\FPOrder02.001.doc ~ ~" Y `; ' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDIVISION NO. 3 (FP-02-001) -4 • KUB OF TRE4~.ti URE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT RoheRD.Come CITY O~ MERIDIAN (z~3>288-2499.r•~..288.25°1 CITY COUNCIL ME;v113ERS PUBLIC WORKS Keith Bird 33 EAST IDAHO BUILDING DEPART114ENT 13iu Nary MERIDIAN, IDAHO 83642 (208) 887'2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • FAX (208) 887813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fxx (208) 88R-4218 DEPARTMENT (203) 834-5533 • F.4Y 333-6854 MEMORANDUM: February 6, 2002 To: Mayor & City Council ~~ ~, n ~~ From: Bruce Freckleton, Assistant to City Enginee~ FEB 15 1002 David McKinnon, Planner II ~ City Of Meridian City Clerk Office Re: Request for Final Plat Approval of Tricia's Subdivision No. 3 (Previously Known as Autumn Faire Subdivision No. 3) - 56 Single-Family Building Lots and 4 Other Lots on 16.97 Acres in an R-4 Zone by Autumn Faire, LLC (File# FP-02-001) 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 AND SURROUNDING USES The property is generally located at the southwest comer of Black Cat Road and Ustick Road. North -Several large, unplatted parcels currently being used for agriculture, zoned RUT in Ada County. South -The proposed Autumn Faire Crossing Subdivision, zoned R-4, south of which is Turnberry Subdivision, zoned R-4. East -Ashford Greens Subdivision, zoned R-4 in Meridian, is directly across Black Cat. West -Several large, unplatted parcels currently being used for agriculture, zoned RUT in Ada County. STTE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat and development agreement 2. Applicant has indicated that the pressurized irrigation system within this development is to be a continuation of the system being installed in phase I and II, which is to be owned and maintained by the Nampa & Meridian Irrigation District. The common areas within the development will be a subject to City of Meridian water assessments since this system has a backup connection to the City water system. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 3. Compaction test results must be submitted to the Meridian Building Department for all areas receiving engineered backfill. 4. The design of drainage areas shall ensure that water is retained only during 25-year storm events for a period of time not to exceed 24 hours. FP-02-001 Trivia's Subdivision No. 2 ~ ~~~ N~ ~~ ~ O~ /~ Street signs are t emplace, water system shall be aI~ ved and activated, pressurized irrigation system ~oved and activated, drainage lots cons~cted, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Applicant shall be responsible to construct a temporary trash containment fencing around the outside perimeter of this subdivision, except where the City has expressly agreed, in writing, that such fencing is not necessary. 7. Permanent fencing shall be installed on the along the property lines adjacent to the Sky Pilot Drain in accordance with the Landscape section 12-13-15-9 ("Micropath Landscaping: Fences") of the Meridian City Code. Fencing is to be in place prior to applying for building permit. 8: Add the following note to the face of the plat: 12. Fences adjacent to the Sky Pilot Drain shall not exceed 4 feet in height if the fencing material is sight obscuring. Non-sight obscuring fencing may be six feet in height. 9. Sanitary sewer service to this development will be via the temporary lift station in. the Ashford Greens development. The developer shall enter into an operation and maintenance agreement with the City of Meridian. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees would be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 10. Water service to this site will be via extensions of existing mains installed in adjacent developments, as well as from the new domestic well site within this development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 12. Sidewalks are to provide a clear five-foot-wide walkway without encroachment of mailbox structures. ~-oz-ooi Tricia's Subdivision No. 3 Exl.b:f "R` a off' Mayor and Council February 6, 2002 Page 3 13. All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. Payment of all applicable latecomers fees for this phase shall be required prior to signature on the final plat. 14. Complete the Certificate of Owners, and its accompanying Acknowledgement. 15. Revise the "UNRECORDED" notation along the subdivision's west boundary. Phase II will be recorded prior to phase III. 16. Graphically depict five-foot wide Public Utility, Drainage, and Utility easements along all subdivision boundary lines that. are side yard lines of lots. 17. Add the missing distance and bearing of the west boundary of Lot 2, Block 16. 18. Provide a recorded copy of the encroachment agreement for the Sky Pilot Drain prior to signature on the final plat. 19. Lot 20, Block 14 unnecessarily restricts house orientation towards W. Talamore Drive. 20. The landscape plan submitted with the final plat application has been approved. All landscaping shall be installed as submitted. 21. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public 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. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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. • ~~ ~ ~ Q~ Fr-o2-ooi /~y~j ~I~ Trivia's Subdivision No. 3 (~/~ Mayor and Council February 6, 2002 Page 4 4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. .,, N~~ yo,~'y FP-02-001 ~~~~ Trivia's Subdivision No. 3 (~as~ !~o -~,~ `Pu~h-l~'c `~'1 o-~'ce - a~r~~s l HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Come r A Good Place to Live (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS vITY OF MERIDIAN PUBLIC WORKS (208) 898-5500 • Fax 887-1297 William L. M. Nary 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL ADA COUNTY COMMISSIONERS ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop /Meeting at the COMPASS (Community Planning Association of Southwest Idaho) Conference Room, 800 S. Industry Way, Suite 100, Meridian, Idaho on Monday, March 4th, 2002 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District #2, planning agencies and developers wilt be discussing transportation and planning issues regarding the growth in the northern Area of Meridian City Impact. The public is welcome to attend. DATED this 27th daX~q~f•F~bruary, 2002. ,,<~ . ..~`;~;~ ~ /~'/W(~L^i /~ / ,~, ,.= WILLIAM G. BERG, JR. - C TY CLERK ~ ri. '9, ~t ,~s ,~ ~.1^ '~ r. ~ ,} ,. ,~~~ ** TX CRT I ON REPORT ** RS OF FEB 27 ' 02 •.,1 PRGE. 01 CITY OF MERIDIAN DRTE TIME TOiFROM MODE MIhliSEC PGS CMDq STATUS 13 0227 15 02 PUBLIC WORKS OF--S 00'16" 001 138 OK 14 0227 15 03 2088881193 EC--S 00'25" 001 138 OK 16 0227 15 05 8841159 EC--S 00'26" 001 138 OK 17 0227 15 06 2088840744 EC--S 00'26" 001 138 OK 18 0227 15 07 2088845077 EC--S 00'26" 001 138 OK 19 0227 15 09 LIBRARY EC--S 00'30" 001 138 OK 20 0227 15 11 92083776449 EC--S 00'25" 001 138 OK 21 0227 15 12 208 388 6924 EC--S 00'30" 001 138 OK 22 0227 15 13 888 6854 EC--S 00'25" 001 138 OK 23 022? 15 14 2083757154 EC--S 00'25" 001 138 OK 26 0227 15 16 8950390 EC--S 00'24" 001 138 OK 27 0227 15 17 208 387 6393 EC--S 00'25" 001 138 OK 28 0227 15 18 CHERRY LRNE EC--S 00'30" 001 138 OK 29 022? 15 19 POST OFFICE EC--S 00'36" 001 138 OK 30 0227 15 20 IDAHO RTHLETIC C EC--S 00'30" 001 138 OK 31 0227 15 26 3810160 EC--S 00'37" 001 138 OK 32 0227 15 30 Laurel EC--S 00'26" 001 138 OK MAYOR Robat D. Come CITY COUNCIL MEMBERS William L. M. Nary Kei[h Hird Tammy deWead Cherie McCandless `~ l~ccSe I~o~t -~r ~u~~.'c y'1 ofi ce - ~h~l~s / KUB OF TREASURE YALI.EI' A Good Place ro Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 886•ad33 •Faz (208) 887•a813 Ciry Clerk Office Fax (208) 888-a218 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8 ADA COUNTY COMMISSIONERS 8 ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS LF.Gw1 DEPwR77dF.NT (208)288-Za99 • Fez 288-2501 PUBLIC WORKS (208) 898.5500 • Fu 887.1297 BUILDING DBPwRTMENT (208) 887.2211 • Pax 887.1297 PUNNING wND 20N1N0 (208) BBs-5533 • Fa: 88&685a NOTICE IS HEREBY GNEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop /Meeting at the COMPASS (Community Planning Assoaation of Southwest Idaho) Conference Room, 800 S. Industry Way, Suite 100, Meridian, Idaho on Monday, March 4th, 2002 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District t1:2, planning agencies and developers will be discussing transportation and planning issues regarding the growth in the northern Area of Meridian City Impact. The public is welcome to attend. DATED this 27th daX saf Feb nary, 2002 ~ WILLIAM G. BERG, JR. - C CLERK r. w~ -.~;. ~. ** TX CONFIR~ON REPORT ** AS OF MAR 01 'b2 10=52 PAGE. 01 CITY OF MERIDIAN DATE TIME 12 03/01 10 41 208 15 03/01 10 52 JIM TO/FROM 898 5501 JOHNSON THIS DOCUMENT MODE MIN/SEC PGS CMD>3 STATUS EC--S 00'24" 001 138 OK ----S 00'00" 000 138 BUSY IS STILL IN MEMORY `a ~,PCcS2 `I~o~-~ -~r ~u~G,'c y'1 o-fi ~ - Zha~rlks / MAYOR HUB OF TRE4SURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CI (208, 28a_~99 . Fax 28s_2s~t CITY COUNCIL MEMBERS TY OF N.[~RIDI AN PUBLIC WORKS William L. M. Nary 33 EAST IDAHO (2os) 898.5500 • Faz 887.1297 Keith Bird MERIDWN, IDAHO 83642 BUILDING DBPARTMEIrT Tammy deWeerd (20B) 8S8-ad33 • Fax (208) S87-x813 (208) 887.2211 • Pax 887.1297 Cherie McCandless City Clerk Office Fax (206) 858-4218 PL.nNN1NG nND ZONING (208) BBa5533 • Fa: 888-685a NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8 ADA COUNTY COMMISSIONERS ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop /Meeting at the COMPASS (Community Planning Association of Southwest Idaho) Conference Room, 800 S. Industry Way, Suite 100, Meridian, Idaho on Monday, March 4th, 2002 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District #2, planning agencies and developers will be discussing transportation and planning issues regarding the growth in the northern Area of Meridian City Impact. The public is welcome to attend. DATED this 27th daX,p~~February, 2002. _,,.~ . ~/° = $~+ ;= WILLIAM G. BERG, JR. - C CLERK ** TX CONFI~ION REPORT ** AS OF FEB 27 '15:45 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS 01 0 CMD# STATUS 227 15:31 208 467 9562 EC--S 00'29" 001 138 OK 02 0227 15:32 208 888 6700 EC--S 00'25" 001 138 OK 03 02/27 15:38 2083362100 EC--S 00'37" 001 138 OK 04 02/27 15:44 PRRKS ----5 00'00" 000 138 BUSY 05 02/27 15:44 Walter R Johnson EC--S 00'25" 001 138 OK THIS DOCUMENT IS STILL IN MEMORY ~~?CcS~. I~o~-~ -(ter ~u~a-(~.~c ~'10-~ c~ - ~h~rl,rs MAYOR XUB OF TREASURE VALLEY • Robed D. Come A Good Place ro Live 1-~'+AI• DEPARTMENT CIT ~~) 288-2x99 • Fax 288-2501 CITY COUNCIL MEMBERS Y OF ~RIbIAN PUBLIC WORKS William L. M. Nary 33 EAST IDAHO (208) 898-5500 • Fu 887.1297 KeiN Bird MERIDIAN, IDAHO 53642 BUILDING DEPARTMENT Tammy deWeerd (208) 858-4433 • Fax (205) 587-4813 (206) 887-2211 • Fax 887.1297 Cherie McCandless Ciry Clerk Office Fax (208) 888-4218 PL4NNING AND 20NING (208) 88x5533 • Fax 888-6854 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8 ADA COUNTY COMMISSIONERS ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop /Meeting at the COMPASS (Community Planning Association of Southwest Idaho) Conference Room, 800 S. Industry Way, Suite 100, Meridian, Idaho on Monday, March 4th, 2002 at 8:30 A.M. The Meridian City Council, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District #2, planning agencies and developers will be discussing transportation and planning issues regarding the growth in the northern Area of Meridian City Impact. The public is welcome to attend. DATED this 27th daX,~pf~February, 2002. ;,: r ....~- '~,. ,, . ~ :-~s' ~ ' " ,` WILLIAM G. BERG, JR. - C CLERK 'sa ~C~ ~'~` T 75~ . ~`~~~ °`~ i ~. ~.i; . 4 ** TX CONFIRI~ON REPORT *>k AS OF MAR 06 • 07 18 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 04 03/06 0?~17 Walter R Johnson MODE MIN/SEC PGS CMD# STATUS EC--S 00'25" 001 138 OK 1~l~~tS~. I~o~t -(ter ~P~C~'c ~vfi c~ - ~G1a~r1,~s l MAYOR HUB OF TREASURE VALLEY • Robert D. Come A Good Place to Live LEGAL DF..PARTMENT CI (208) 268-7.699 • Fwc 288-7x01 CITY COUNCIL MEMBERS TY OF N.~RIDI PUBLIC wORKs AN William L. M. Nary 33 EAST IDAHO (208) 896.5500 • Psx 687.1297 Keith Bird MERIDIAN, IDAHO 133641 BUILDING DHPARTMENT Tammy deWeerd (208) 888-aa33 • Fax (208) 887-x813 (208) 887-221 1 • Pax 887.1297 Cherie MaCaadless Ciry Clerk Ot~ce Fax (206) 888-4218 PLaNNING AND 20N1NG (208) 88x5533 • Fu 888-6850 NOTICE OF SPECIAL JOINT WORKSHOP / MEEYING MERIDIAN CITY COUNCIL ADA COUNTY COMMISSIONERS ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, the Ada County Commissioners and the Ada County Highway District Commissioners will hold a Special Joint Workshop /Meeting at the COMPASS (Community Planning Association of Southwest Idaho) Conference Room, 800 S. Industry Way, Suite 100, Meridian, Idaho on Monday, March 4th, 2002 at 8:30 A.M. The Meridian City Counal, Ada County Commissioners and Ada County Highway District Commissioners along with representatives from Idaho Transportation Department, Joint School District ~k2, planning agencies and developers will be discussing transportation and planning issues regarding the growth in the northern Area of Meridian City Impact. The public is welcome to attend. DATED this 27th dax,mf;Febfuary, 2002. .~: , <~..r ..:.,,,. ~ -.tip ~ n•'...k . ~ 1 /~~~~ ~`J~,~r ,;~ WILLIAM G. BERG, JR. - C CLERK .. ~.~ •: • HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Cowie CITY OF MERIDIAN CITY COUNCIL MEMBERS William L. M. Nary 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Cherie McCandless NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL 8~ ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. ~'~ / ~~-. ~~ ~~` ~ ~~~ `~ '~ ~ WILLIAM G. BERG, JR. - CI CLERK ~..~ ~ . . u -y,. ~' A '~a >i,,., ~.. ** TX CONFIRM~N REPORT ** AS OF MAR 06 '02 07 16 PAGE.01 CITY OF MERIDIRN DATE TIME TOiFROM 02 03106 07 15 Walter R Johnson MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place ro Live CITY OF MERIDIAN CITY COUNCIL MEMBERS William L. M. Nary 33 EAST IDAIiO Keith Bird 1-'IEWDIAN, IDAHO 83642 Tammy deWeerd 0108) 888-4433 • Fax (208) 887-4813 Cherie McCandlcss aty Clerk Office Pax (208) 868-421 B MODE MINiSEC PGS CMDt1 STATUS EC--S 00'23" 001 137 OK NOTICE OF SPECIAL JOINT WORKSHOP ~~~~sl LEGAL DEPARTMENT (208) 286.2499• Fax 288-2501 PUBLIC WORKS (20B) 898-5500 • Fax 687-1297 BUILDQdO DEPARTMENT (206)887-2211 • Fax 867-1297 PLANNWG AND ZONING (208) 884-5533 • Fax 688.6854 MERIDIAN CITY COUNCIL ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. 1~ ~ ~~::. ..~. ,, ,, r' ao_ ~~ ~ ~° ~~ WILLIAM G. BERG, JR. - CI CLERK a~s`..aL.Y1 r*` ~. ~, ** TX CO~RTION REPORT ** RS OF FEB 27 '025 PRGE.01 CITY OF MERIDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDti STATUS 01 02/27 14:48 92083776449 EC--S 00'23" 001 137 OK 02 02/27 14:49 208 388 6924 EC--S 00'26" 001 137 OK 03 0227 14:50 888 6854 EC--S 00'23" 001 137 OK 04 02/27 14:51 2083757154 EC--S 00'22" 001 137 OK 05 0227 14 52 2083362100 EC--S 00'32" 001 137 OK 06 0227 14:53 8950390 EC--S 00'22" 001 137 OK 07 0227 14:54 208 387 6393 EC--S 00'23" 001 137 OK 08 0227 14:55 CHERRY LANE EC--S 00'26" 001 137 OK 09 02/27 14:56 POST OFFICE EC--S 00'32" 001 137 OK 10 02/27 14:58 IDAHO RTHLETIC C EC--S 00'27" 001 137 OK 11 02/27 14:59 208 467 9562 EC--S 00'26" 001 137 OK 12 02/27 15:00 208 888 6700 EC--S 00'22" 001 137 OK 15 0227 15:04 3810160 EC--S 00'32" 001 137 OK 24 0227 15:15 CHRMBER-COMMERCE ----5 00'00" 000 137 BUSY 25 0227 15:15 JIM JOHNSON ----S 00'00" 000 137 BUSY THIS DOCUMENT IS STILL IN MEMORY .Y I~A~e ~oSt ~rir wtcl~~c 7?~-•ce _ "GGc~I'l,~sl MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN CITY COUNCIL MEMBERS (208) 288-2499 • Fax 268-7501 PUBLIC WORKS William L. M. Nary 33 EAST IDAHO (208) 696-5500 • Fax 687-1297 Keith Bird MERIDIAN, IDAH08364Z HU[LDINO DEPARTMENT Tammy deWevd 0208) 888-4433 • Fu (208) 88T-4813 (208) 887-2211 • Fax 867.1297 Chvie McCandless City Clvk Office Pax (208) 888.42] 8 PLANNING AND ZONING (208) 8845533 • Fax 888.6854 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL S ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. ~<~~~yi 1 ...~ '. ~~~ ~~.y~ WILLIAM G. BERG, JR. - Cl CLERK '`~~~~''COr'iea ~~4`'-s' ** TX CONFIR~N REPORT ** AS OF MAR 01 ~11=03 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 14 03101 10 51 Laurel EC--S 00'24" 001 137 OK 17 03101 11 03 JIM JOHNSON ----5 00'00" 000 137 BUSY THIS DOCUMENT IS STILL IN MEMORY MAYOR HUB OF TREASURE VALLEY Robert D. Come A Giood Place to Live CITY OF MERIDIAN C[TY COUNCIL MEMBERS William L. M. Nary 33 EAST IDAHO Kefrh Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 885-4433 • Fax (208) 887-4813 Cherie MoCandlcss City Clerk Office Pax (208) 888.4218 NOTICE OF SPECIAL JOINT WORKSHOP GGta~--l,~sl LEGAL DEPARTMENT (208) 288.2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500 • Fex B87-1297 BUILDING DEPARTMENT (208)887-22]1 • Fax 867.1297 PLANNIIdG AND ZONING (208) 884-5533 • Fax 888-6654 MERIDIAN CITY COUNCIL 8 ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada Courrty Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. . .._... _ ````~ Jir~_,_,,.. `~~ ~~ ,~ WILLIAM G. BERG, JR. - CI CLERK ~ ~~ .^~ =x•91} • t.{~ ~,,ii~~. ~;,. ~ . ** TX CONFI~ION REPORT ** AS OF FEB 27 'C~14~48 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDI# STATUS 26 02/27 14 42 PUBLIC WORKS OF--S 00'13" 001 137 OK 27 02127 14 43 2088881193 EC--S 00'23" 001 137 OK 28 02/27 14 44 8841159 EC--S 00'23" 001 137 OK 29 0227 14 45 2088840744 EC--S 00'22" 001 137 OK 30 02/27 14 46 2088845077 EC--S 00'23" 001 137 OK 31 02/27 14 47 208 898 5501 EC--S 00'23" 001 13? OK 32 02/27 14 48 LIBRARY EC--S 00'27" 001 ------------------------------------------------------ 137 ------ OK ------------------- .Y I~A~2 ~VoSt ~tir ~~~v(~c `7'lo~fi-cP - GGca~-?,~sl MAYOR HUB OATREASURE VALLEY Robert D. Cowie A Good Place ro Live LEGAL DEPARTMENT CITY OF MERIDIAN C[TY COUNCIL MEMBERS (208) 268.2499 • Fax 289.250, PUBLIC WORKS William L. M. Nary 33 EAST IDAHO {2oa) s9a-ssoo • Fau 887-1297 Keith Bird MERIDIAN, IDAHO 83642 BulLDlNO DEPARTMENT Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 (208) 887-2211 • Fax 867.1297 Cherie MoCandlcss City Clerk Office Fax (208) 888-42]8 PLANNING AND ZONING (208) 684.•5533 • Fax 888.6854 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. ~a ~' .` ~ WILLIAM G. BERG, JR. - C1 CLERK ~ ~...tYiu Im f '.r,~ `~ I~as~- MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live ~ G'Gtarl ksl CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500• Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. .,..,:. :,,- fir' t~ ~~ WILLIAM G. BERG, JR. - CI CLERK y q '. ~YYRv~~F~'. v J ~i u.~.i ... <~Y• , HUB OF TREASURE VALLEY MAYOR Robert D. Come `~ A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS William L. M. Nary 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL JOINT WORKSHOP MERIDIAN CITY COUNCIL ~" ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS LEGAL DEPARTMENT (208)288-2499 • Faxc288-2501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at Ada County Highway Districts Office, 318 East 37th Street, Garden City, Idaho, on Monday, March 4, 2002 at 12:00 noon. They will be discussing planning and servicing issues and items concerning both agencies. The public is welcome to attend. DATED this 27th day of February, 2002. ;~ r P ., ., ~'~ ~° '~ WILLIAM G. BERG, JR. - CI CLERK .. '~ ~ ~~ ~w , ~" ~ ~ RECE:~~~~ LIAR -- ~s ~~~~~~. City of IV1erY~ii~u AGENDA City C1exk ~~'~~;' JOINT MEETING -CITY OF MERIDIAN/ACRD COMMISSIONERS MARCH 4, 2002 - 12:00 NOON ACRD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Locust Grove Overpass Agreement City of Meridian (Nichols) ACRD (Beehner-Kane) Coordination of Development Applications ACRD (Kushlan) Other (time permitting) ~~~ B@t"g - __ From: Susan Slaughter [Sslaughter(~achd.ada.id.us] Sent: Tuesday, February 26, 200212:45 PM To: bergw(~a.meridian.id.us Subject: Agenda for Joint Meeting RECEI~TE1) Meridian city Joint FED 2 6 X002 Meeting Ag... Attached it the agenda for Monday's meeting. City of Mericliaxi City Clerk ~Dffirc~ • AGENDA JOINT MEETING -CITY OF MERIDIAN/ACRD COMMISSIONERS MARCH 4, 2002 -12:00 NOON ACRD AUDITORIUM, 318 E. 37TH STREET GARDEN CITY Locust Grove Overpass Agn~ment Coordination of Development Applications City of Meridian (Nichols) ACRD (Beehner-Kane) ACRD (Kushlan) III Other (time permitting) Page 1 of 1 Will Berg From: Barbara Beehner--Kane [Bkane(~achd.ada.id.us] Sent: Monday, March 04, 2002 8:14 AM To: bergw(~ci.meridian.id.us; wfn~whitepeterson.com Cc: Susan Slaughter Subject: Re: INTERAGENCY AGREEMENT BETWEEN IIt.1~ 1 t91A ~ NoYeb ~ wank in 1 itl^~ W 1 iS~'t ti®taBle e,d ~rt 1 ~^ M~ ~ ~t b ~ a~irl~o hr t~pnrM la a hw w~ i wi1 re tr woof l~'~eat het ~ hey Nw~. I s~olo~ l~r ~e elate l i>~ lie i~9 w~i ent~'~ eo wel lrr A~ fed i ®et Y~t~irdl 'sle~rteeen >„ "~ ~' ~~wwli~Ywti pJ1Va 0~lM il^w i1t t a1! a tY ~+^~t will o^1 t~ i11~^~ iW w~t~pwnl0! 1rl~tf 0i^d^ ~ ~~ wit r Miiw18 b it J11~ wt~1 ~ ll~I ~ w~ B t1n ^w ~ ~etlr, fir ~ o e w^ • Ae1i. l1~tt.. Ilflt 3/5/2002 • INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO ACRD PROJECT, FRANKLIN ROAD TO OVERLAND ROAD (and I-84 OVERPASS) COPY This Agreement is entered into this day of , 2002, by and between the City of Meridian, hereinafter referred to as "City', and Ada County Highway District, hereinafter referred to as "ACRD" for the purpose of setting forth a general agreement as to cooperation between the parties for the mutual benefit of both entities to successfully finance and build amuch-needed road project in Ada County. WHEREAS, ACRD is specifically responsible for all county secondary and city highways within the County of Ada and is a body politic and corporate of the State of Idaho, pursuant to Section 40-1307, Idaho Code; and WHEREAS, ACRD has programmed the improvement of a Road project that would connect Franklin Road to Overland Road via an I-84 Overpass; and WHEREAS, the Idaho Department of Transportation (ITD) has made available significant federal funds for partial construction of this project; and WHEREAS, ACRD does not have the necessary, uncommitted funds to advance this project from Planning/Development to Right-of-Way acquisition and construction within the next 3 years; and WHEREAS, CITY desires to see this project advanced to construction completion and is willing to assist ACRD financially to fulfill this desire; and WHEREAS, it would be to the mutual benefit of both government agencies to work together to accomplish amuch-needed project; and WHEREAS, the ACRD and The City, pursuant to Section 67-2332, Idaho Code, have the authority to enter into interagency agreements; NOW THEREFORE, the ACRD and the City do hereby agree as follows: Interagency Agreement ACRD/City of Meridian -Page 1 of 6 (05/14/01) • • ARTICLE 1. DEFINITIONS As used in this Agreement, the following words when capitalized have the meanings herein stated: 1.1 ACHD shall mean the Ada County Highway District, a body politic and corporate of the State of Idaho, whose address is 318 East 37th Street, Garden City, Idaho 83714499. 1.2 CITY shall mean the City of Meridian whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 1.3 ITD shall mean the Idaho Department of Transportation. 1.4 PROJECT shall mean the ACHD minor arterial construction from Overland Road to Franklin Road with a freeway overpass over Interstate-84 including intersections. ARTICLE 2. ACHD'S RESPONSIBILITIES ACHD AGREES TO: 2.1 Design the PROJECT. 2.2 Enter into an Agreement with ITD for the construction of the PROJECT seeking the maximum federal funds contribution available. 2.3 Begin acquiring necessary Right-0f--Way for the PROJECT based upon 95% design. 2.4 Notify the CITY that ACHD will begin right of way acquisition for the PROJECT at least thirty (30) days before beginning acquisition. 2.5 In the event ACRD seeks reimbursement for a specific Right of Way acquisition for the PROJECT, provide to the CITY in a timely manner, the following documentation for each property: copy of Purchase and Sale Agreement and copy of closing statement. 2.6 In no event will ACHD seek reimbursement from the CITY for more than ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS (1,800,000) total. Interagency Agreement ACHD/City of Meridian -Page 2 of 6 (05/14/01) • • ARTICLE 3. CITY'S RESPONSIBILITIES CITY AGREES T0: 3.1 Establish a reserve account in the amount of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) within thirty (30) days' notice from ACRD as provided in section 2.4. 3.2 Within forty-five (45) days after the end of each quarter (March 31, June 30, September 30, and December 31) based on receipt of the information described in Section 2.5 above, remit to ACHD the total amount paid during the applicable quarter to property owners and/or property owners' encumbrancers as compensation for the right of way. Excluded from reimbursement to ACHD are environmental assessment costs, appraisal costs, negotiation costs, title costs, closing costs, and any other costs not involving direct payment to, or on behalf of, property owners as compensation for the acquisition of right of way for the PROJECT. 3.3 Reimburse ACHD up to the amount provided in section 3.1. ARTICLE 4. NOTICE Notice. Any and all notices required to be given by either of the parties hereto, shall be in writing, other than those instances in this contract wherein oral notice is specifically allowed, and will be deemed communicated when mailed, first class, postage prepaid in the United States mail addressed as follows: a) CITY: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642; Interagency Agreement ACHD/City of Meridian -Page 3 of 6 (05/14/01) • • b) ADA COUNTY HIGHWAY DISTRICT: Planning/Programming Coordinator Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 ARTICLE 5. MISCELLANEOUS PROVISIONS 5.1 The effective date of this Agreement will be immediately after both entities have approved such Agreement and official signatures have been affixed. 5.2 In the event of termination, any right-of-way property that an enforceable contract has been executed upon prior to termination by CITY received by ACRD will remain the responsibility of the CITY pursuant to Section 3.2. 5.3 Neither party shall assign its interest in whole or in part in this Agreement without the written consent of the other party. 5.4 This Agreement shall be governed by the laws of the State of Idaho. 5.5 This Agreement may be amended only by written instrument signed by both the CITY and ACRD. 5.6 Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 5.7 In the event either party to this Agreement is required to initiate or defend litigation with respect to the terms hereof, or the rights granted hereunder, the prevailing party in such litigation shall be entitled to all reasonable attorney's fees and costs incurred in such litigation. 5.8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties. 5.9 Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. Interagency Agreement ACHD/City of Meridian -Page 4 of 6 (05/14/01) IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day, month and year first above written. CITY OF MERIDIAN By: Attest: By: City Clerk City of Meridian By regular meeting on February 26th, 2002 By: Attest: By: Director Ada County Highway District ROBERT D. CORRIE, Mayor City of Meridian ADA COUNTY HIGHWAY DISTRICT David Wynkoop, President Board of Commissioners Interagency Agreement ACHD/City of Meridian -Page 5 of 6 (05/14/01) ~ ~ EI~TED REC PUBLIC MEETING MAC - 4 ~00~. SIGN-IN SHEET City of Nteridia~ City Clerk Office DATE /~i2,rn ~ ~2 ~ ~h- ~ Zo D ?~ ~ /(~~ AGENCY / COMMITTEI ~ ~~-~~~ ~"G/~~ C~~'v'~~'' ~-~ ~~ . ~~ ~.~ ~-~p NAME AGENCY ELEPHONE ~ - ~..~ 1) l~ Vl ~ -~ ~ 7~~~ I ~.f ~ ~~'~) ~,~~ ~ ~U ~'~ IJ "JLl ~' ~ ~~1 C~4~ ~r~~~. ~~~~.. 3~7-G~~~. ----~ ~ ~ lac Ii ~ vt f'h~~rc~'/~,,~ ~'+~~'" ~~`/L- I a~ ~i ,~Z-L~ ~ 3~7~~~3 Y- c~~.~ ~ ns ~Q,.1~. .~-tl r~ 3~ ~~ -~ l ~> o ~ P h ~ r- ~(~ ~ ~~7- ~ ~ ~ ear L ~' p ~' ~ ~ ~'?-~1~ e ~ ~~I~JY 1 ~~~ Sc` -, .~ ~..J ,J J ~ () ~3 ~~`} ~lvlt~ G` ~~ ~ L ~ ~ 3~~ _ -~2 .L~ ~~~~ G ~ ~a ~I i~ /- ,, ~% 5 i a~. STATE OF IDAHO ) ss. County of Ada ) On this day of 2002, before me, a Notary Public in and for the State of Idaho, personally appeared Robert D. Cowie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed this instrument within, and acknowledged to me that City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing at: My commission expires: STATE OF IDAHO ) ss. County of Ada ) On this day of 2002, before me, a Notary Public in and for the State of Idaho, personally appeared David Wynkoop, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and William J. Schweitzer, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My commission expires: Interagency Agreement ACRD/City of Meridian -Page 6 of 6 (05/14/01) Page 1 of 1 Will Berg _____ From: Christy Richardson [Crichardson~achd.ada.id.usj Sent; Tuesday, February 26, 200211:02 AAA To: ~rgw~ci.meridian.id.us Subject: RE: Kodiak Subdivision Thanks Willt I will pass this along. I am attaching one staff roprnt and three memos that yom Council has on the matter. Our minutes aro not verbatim like yours, Bo I won't bother with those. »> "Will Berg" Qtexgw®ci.meridian.idus> 02/25/02 11:38AM »> I am Bending you DRAFT mimosa fi+om the Folxuary 191h City Council meeting. Begin loalring on page 69 through 84iah far the Kodiak Subdivision ianw. [VViq Berg] ----0rigina! Me,SSage----- From: Christy Richardson [mailto:Crichardson@achd.ada.id.us] Sent: Thursday, February 21, 2002 3:05 PM To: bergw~ci.meridian,id.us Subject: IGodiak Subdivision Hello bfr. Clerk. I bear we are having a joie meeting with Ivtaidisn on Ivlareh 4th, and one of ilu: major topics of discussion is Kodiak Subdivision. The ACHD Coromiesioa aBked staff yesterday if it would be poe~'ble to have oopieB ~ min-Aes, or F, F, CL or anytlting that would help them to mdastand why the City feels the way they do about a comsection to Bat Creek Ste. They meet again on February 27th, and would like to have the info then to roviaw prior to the meeting on the 4th Do you haw anything? Should I contact eaneone else? LdrewiBe, if you feel the Council is missing something, please let mo know. Bat 1 think they have receivod something in writing for every Co~iBBion action Thanks! Christy Richardson Planou~g Review 3aporvisor 387178 2/26/2002 .~f '~~'~. ~ • • Ada County Highway District Judy Peavey-Derr, President 318 East 37th Street Garden City ID 83714-6499 Dave Bivens, 1st Vice President Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 E-mail: tellus(~ACHD.ada.id.us David E. Wynkoop, Commissioner December 3, 2001 City of Meridian 33 E. Idaho Meridian, ID 83642 Fax: 8$8-4218 RE: Proposed Kodiak Subdivision Honorable Mayor Cowie, City Council, Planning 8 Zoning Commission: On October 24, 2001, the ACRD Commission reviewed Kodiak Subdivision. ACRD did not approve the subdivision as proposed, but recommended an alternative. As a part of the motion of approval, the Commission also directed staff to send a letter on the Commission's behalf, to strongly urge the City to allow the connection of Polar Avenue froth the Bear Creek Subdivision to serve the proposed dwellings. The developer of Bear Creek Subdivision was required to stub Polar Avenue to this property to provide local public street access. Stub streets not only provide inter-connectivity between neighborhoods, but also provide for better emergency and delivery services. In this case, the stub street location out of Bear Creek Subdivision to this site is critical because the site has limited frontage on a state highway that operates at high speeds. The site plan that was submitted with this application was not approved by the ACHD Commission because Polar Avenue is not proposed to extend into the site to serve the dwellings. (See Special Recommendation #1, page 5) The applicant expressed a concern to the Commission over the need to extend sewer into the site from Meridian Road within a public tight-of-way. The Commission granted approval for alocal/commercial street to be constructed to serve only the office lot, and the church property. The street would function as a driveway, but would be constructed in public right-of-way providing a means to extend sewer to the site. (See Fact 8~ Finding °G°, page 3, and Special Recommendation #2, page 6) Understanding that the applicant is trying to meet the needs of several agencies, the ACHD Commission granted the applicant the opportunity to re-visit any of the roadway issues should the proposed alternatives cause concern for the City. Please feel free to call me if you have any questions relating to this site, or any development applications in general. I would be happy to visit with you. Sincerely, Christy Richardson Planning Review Supervisor 387-6178 Ada County Highway District E_ Wvnkooo. President 318 East 37th Street Dave Bivens, 1st Vice President caaraen uay iv aai ~w-oway Judy Peavey-Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellusQACHD.ada.id.us Dear Mr. Pr®sident, Honorable Mayor Corrie, ACRD Commissioners, and Members of the Council: Kodiak Subdivision was on the agenda for the joint ACHD/City Council Meeting on January 7, 2002. Due to time constraints, you were not able to discuss this proposed subdivision. I have outlined my presentation below. On October 24, 2001, the ACRD Commission reviewed Kodiak Subdivision and approved it with modifications. The plat, as proposed, was not approved. ACRD required the stub street connection out of Bear Creek Subdivision to serve the residential tots, and recommended a driveway or dead-end public street to serve the office/commercial lot off of SH-69. The recommended design would allow Bear Creek or Kodiak residents to access the office/commercial lot without having to use SH-69, would allow access to the office/commercial lot from SH-69; would provide emergency access from SH-69 through the office/commercial lot to Kodiak Subdivision; but would not allow through movement from SH-69 to Bear Creek Subdivision. The concerns of the Commission focused around safety, due to the volumes and speeds of vehicular traffic on SH-69. • On December 19, 2001, I attended a public hearing at the Meridian City Council for the proposed plat. The Council had concerns regarding emergency services, and this traffic traveling through Bear Creek Subdivision. The Council sent this item back to the Planning & Zoning Commission, and made the following recommendations with regards to access: approve the layout as submitted and proposed; and construct a median in SH-69 to restrict the public street to right-iNright-out. It was also mentioned that the speed limit on SH-69 should be reduced. My concerns with this recommendation were that people would be forced to travel southbound (not the direction of intended travel) and then either make an unsafe u-turn movement in SH-69 to head north, or travel one mile east to Locust Grove and one mile north to reach Overland Road; or two miles east to Eagle Road and one mile north to reach an interstate interchange. I contacted ITD District Traffic Engineer Dan Coonce prior to the joint meeting. Dan was not able to attend the ACHD/Meridian meeting, but allowed me to pass along his comments and concerns which are the following: • ITD will riot allow construction of a median in this location for safety reasons. • ITD does not intend to lower the speed limit on this segment of SH~9. • ITD recommends that the residential traffic from this development utilize the stub street from Bear Creek Subdivision. ACRD staff does not support restricting a new public street to right-iNright-out when there is a safe route through Bear Creek Subdivision. The traffic impact study that was submitted with Bear Creek Subdivision confirms that none of the streets within Bear Creek will be over 1,000 vehicle • • If the City approves the layout as proposed with the residential lots accessing SH-69, ACRD staff will recommend that the ACHD Commission not accept the roadway as a public street, and that the proposed roadway be constructed as a private street. Please do not hesitate to call me if you have any questions relating to the proposed plat. I recommend that this item be placed on your next joint meeting agenda for further discussion if this item has not yet been resolved by that time. Sincerely, Christy Richardson Planning Review Supervisor 387-6178 ~~ C ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Kodiak Subdivision 2435 South Meridian Road 28-lot residential subdivision This application has been referred to ACRD by the City of Meridian for review and comment. The applicant is requesting preliminary plat approval fora 28-lot residential subdivision on 5.4-acres. The 5.4-acre site is located on the west side of Meridian Road approximately'/z of a mile north of Victory Road. This development is estimated to generate 280 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. This item was remanded to staff on October 3, 2001. Staff has revised the report to reflect the concerns of the Commission and staff. Roads impacted by this development: Meridian Road ACRD Commission Date -October 24, 2001- 6:30 p.m. Facts and Findings: A. General Information Owner -Kodiak Development -Dan Richards and Doug Olson Applicant -Jim Jewett R-8 -Existing zoning 5.4 -Acres 28 -Proposed building lots 5 -Proposed common lots 1,100 -Total lineal feet of proposed public streets 289 - Trai~c Analysis Zone (TAZ) Meridian -Impact Fee Service Area West Ada -Impact Fee Assessment District C:\Documents and 3etti~\bergw.MERIDIANCrrY\Local Settings\Temporuy Iictemet Files10LK8\KODIAK.cimn.doc Page 1 • Kodiak Subdivision 2435 Meridian Road 28-lot residential subdivision C:~Doa~a and 3ett~~beagw.MERIDIANCITY1i ocal Setlia~~TemPorarY Lntemet Files1OLK81KODIAK.cmm.doc Page 2 800 0 800 1600 Feet • State Highway 69 Meridian Roadl State Highway with bike route lane pathway designation Traffic count of 15,262 on 8-24-99 (s/o Overland Road) Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service 186-feet of frontage State Highway 69 (Meridian Road) is improved with 5-traffic lanes, with no curb, gutter or sidewalk abutting the site. B. On August 6, 2001, the District Planning and Development staffinspected this site and evaluated the transportation system in the vicinity. On August 10, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. On July 7, 1999, the ACHD Commission Reviewed and approved Bear Creek Subdivision, a 326- lot residenrtial subdivision to the west of this site. That applicant was required to construct a stub street to the west property line of the subject parcel. D. The parcel to the south of this site is currently undeveloped. The Commission reviewed that site as item number MAZ00-0018, a rezone from RT to R 8 and annexation into the City of Meridian. ACRD has not approved a development plan on that parcel. The conceptual plan is for a church that will have recreational facilities along their north property line and single fartiily residential along their south property line. Due to the fact that the church has proposed to have recreational facilities along the northern property line, staff i$ not recommending a stub street to the south. E. Other than the property to the south, the surrounding properties aze currently developed. There is one stub street to this property located at the west property line. F. Polar Avenue was stubbed to the west property line of this site as a requirement of Bear Creek Subdivision. Stub streets aze constructed to provide interconnectivityhetween parcels and to provide public street access for pazcels with little or no frontage on a public roadway. As recommended with the original rezone application for this property, staff recommends that the applicant extend Polar Avenue into the site at the west property line to serve the residential lots, that the street not extend to State Highway 69, and that public street access to State Highway 69 be prohibited. Adequate public street access was provided with the requirement of the stub street in Beaz Creek Subdivision. The applicant has contacted the property owner to the north of the site in regards to extending and connecting Polar Avenue to that subdivision, and staff is also supportive of that design, should the opportunity exist. (see map) G. The applicant is proposing anoffice/commercial lot with frontage on State Highway 69. The applicant should construct a driveway at the south property line to be used as a shared access with the church property. If the office/commercial lot develops with a neighborhood use, such as a daycaze, the applicant should provide pazking off of SH-69, as well as Polar Avenue. Pazking C:~Docwneuts and 3ettings~bergw.MERIDIANCITY\I.ocal 3ettin~lTemporary Internet Files10LK81KODIARcmm.doc Page 3 • should be provided on the west side of the lot to provide access for the neighbors, but the parking lot should not connect to SH-69 to prevent cut-through traffic. H. At the ACRID meeting on October 24, 2001, the applicant expressed the need to extend sewer to the site from SH-69 in a public right-of--way, as a requirement of the City of Meridian. t~fter discussion with both the applicant and staff, the Commission agreed to approve a public s#reet off of SH-69, in the location of the driveway at the south property line. The street would serve only the office/commercial lot in this subdivision, and also the church to the south. The street would ternunate no further west than the west property line of the office/commercial lot, and would not connect to Polaz Avenue. In reality, the public street would function only as a driveway, but this design would allow the applicanrt to place sewer in a public right-of--way, and not have a vehicular connection from SH-69 to Bear Creek Subdivision. If the "driveway" is constructed as a public street in public right-of--way, then it should be constructed as a 40-foot wide locaVcommercial street section within 58-feet ofright-of--way. I. Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. J. State Highway 69 (Meridian Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should 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. The applicant may contact District III Traffic Engineer Michael Ganz at 334-8340. K. The applicant is proposing to construct Polaz Avenue as a reduced right-of--way and a reduced street width (42-feet ofright-of--way with a 29-foot street section). District policy allows a reduced street right-of--way if the proposed street will not extend in the future and will not exceed 200 vehicle trips per day. Polaz Avenue is proposed to service 280 vehicle trips per day in the application that was submitted to staff. This does not meet District policy and should not be approved. The applicant may utilize the reduced right-of--way width and the reduced street section that would consist of 42-feet of right-of--way with a 29-foot street section if they: 1.) can show zoning in the surrounding area must be completely residential (no commercial or no office), 2.) do not exceed the 200 vehicle trips per day threshold, 3.) show that there will be no possibility of extending the street in the future, 4.) construct the roadway with vertical curbs and attached 5-foot wide concrete sidewalk OR rolled curbs with 4-foot minimum wide detached sidewalks and 5-foot wide planter strips are required. In accordance with .District policy, parking shall then be restricted to one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. C:\Docvments and Segtin8.s\bergw.MERIDIANCITYU..ocai SettingslTemporary Icrtemet Files10LK8\ICOAIAK.cmm.doc Page 4 • • OII; The District accepts local residential public roads with a reduced street section (29-foot street section) with parking prohibited on one side, if the proposed density of development that will utilize each of the above-mentioned streets will generate less than 1,000 vehicle trips per day and they construct the roadway with vertical curbs and attached 5-foot wide concrete sidewalk OR rolled curbs with 4-foot minimum wide detached sidewalks and 5-foot wide planter strips are required. These interior streets may be constructed with a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of--way. Parking shall be restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. OR The applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within SO-feet of right-of- way. L. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. M. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. N. Any existing irrigation facilities should be relocated outside of the right-of--way. O. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. P. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to ITD and the City of Meridian: ACHD strongly encourages the applicant to extend Polar Avenue into the site from the west properly line to serve the residential lots. The stub street was placed in its existing location to provide safe public road access to this infill site. Due to the volumes and high speed of traffic on S$-69, ACHD recommends that the residential portion of the proposed subdivision take access through Bear Creek Subdivision. C:1Docum~ts and Settin~~bergw.MERIDIANCTTY1Loca1 SettingslTempotary ]nternet Files~OLK$1KODIAK.cmmdoc Page 5 2. If it is necessary for the applicant to construct a public road off of SH-69 at the south property line to extend sewer into the site, then ACHD will approve a IocaUcommercial street, in lieu of a private driveway. The street will only be approved to serve the non- residential portion of the subdivision, and the church, and should not connect to Polar Avenue to the west. 3. District policy would require the applicant to construct a 5-foot wide concrete sidewalk abutting the parcel on Meridian Road. The applicant should construct a 5-foot wide concrete sidewalk abutting the parcel on Meridian Road. The applicant should coordinate the location and the elevation of the sidewalk with ITD staff. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: Extend Polar Avenue into the site at the west property line from Bear Creek Subdivision. Polar Avenue shall not extend to SH-69, and shall either terminate in a culdesac to the west of the office/commercial lot; or, at the applicant's choosing, may connect to a public street to the north forming a "loop" road. The proposed configuration is not approved. 2. 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. Contact District III Traffic Engineer Michael Garz at 334-8340. 3. Because the applicant has discussed a reduced right-of--way and/ or a reduced street width, the applicant may construct Polar Avenue as: OPTION 1 The applicant may utilize the reduced right-of--way width and the reduced street section that would consist of 42-feet ofright-of--way with a 29-foot street section if they: S.) can show zoning in the surrounding area must be completely residential (no commercial or no office), 6.) do not exceed the 200 vehicle trips per day threshold, ~.) show that there will be no possibility of extending the street in the future, 8.) construct the roadway with vertical curbs and attached S~foot wide concrete sidewalk OR rolled curbs with 4-foot minimum wide detached sidewalks and S-foot wide planter strips are required. In accord~.nce with District policy, parking shall then be restricted to one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. C:\Documents and Settings\bergw.MERIDIANCTrY\L,ocal Settings\Temporary Internet Files\OLK8\KODIAK.cmm.doc Page 6 OR OPTION 2 The District accepts local residential public roads with a reduced street section (29-foot street section) with parking prohibited on one side, if the proposed density of development that will utilize each of the above-mentioned streets will generate less than 1,000 vehicle trips per day and they construct the roadway with vertical curbs and attached 5-foot wide concrete sidewalk OR rolled curbs with 4-foot minimum wide detached sidewalks and 5-foot wide planter strips are required, These interior streets may be constructed with a 29-foot street section with curb, gutter and 5-foot wide concrete sidewallc within 50-feet ofright-of--way. Parking shall be restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff. OR OPTION 3 Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 4. If the applicant constructs a private road off of SH-69 to serve the non-residential portion of the subdivision, and the church, then the street shall be constructed to ACRD standards. The street shall be a 40-foot locaUcommercial street with curb, gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of--way. 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 6. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any existing irrigation facilities should be relocated outside of the right-of--way, All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall svecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequit-y The written request shall be submitted to the District no later than 900 a m on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and C:\Documents and Settings\bergw.MERIDIANCITY1I.oca1 Settinga\Temporary Internet Files\OLKS\KODIAK.cnun.doc Page '~ report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and .Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each reauiremern to be reconsidered and include written documentation of data that was not available to the Commission at,Ihe time of its ordinal decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. ffthe Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates amy required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to Iistrict approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by then applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C:~Documenfs and S~tin~lbergw.MERIDIANCTrYU.oca1 Settings\Temporaty Internet Files\OLK8IKODIAK.cmmdoc Page 8 Conclusion of Law: ACRD requirements aze intended to assure that the proposed use/development will not place an undue burden on the existing vehiculaz and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted b~ Commission Action: Planning and Develot~ment Staff October 24, 2001 C:\Documents and Selkinga\bergw.MERIDIANCTi'YU.ocal Seuings\Temporary Internet Filea\OLKB\ICODIAK.cmm.doc Page 9 .~~ Ada County Highway Distric David E. Wynkoop, President 318 East 37th Street Dave Bivens, 1st Vice President Garden City ID 83714-6499 Judy Peavey-Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus(d~ACHD.ada.id.us February 12, 2002 City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Kodiak Subdivision Honorable Mayor Come and Members of the Council: On February 6, 2002, Jim Jewett, the representative for Kodiak Subdivision, presented the ACRD Commission with three ~altemative" site plans. One site plan extended Polar Avenue into the site while the other two accessed SH-69 directly. The Commission directed staff to write this letter to the City Council to express concerns regarding the proposed site plans. Consistent with their findings of October 24, 2001, the Commission voted unanimously to approve the preliminary plat with the stub street connection to Bear Creek Subdivision, with no public street connection to SH-69. Both ACRD and the City strive to provide interconnectivity to adjacent undeveloped parcels, and this is one instance where the need is highlighted. When the Bear Creek Subdivision application was reviewed by ACHD, the need to provide connectivity and access to this parcel was established with the requirement for the stub street (Polar Avenue), and that stub street was also approved by the City of Meridian. There were no objections by the developer to the stub street at that time. The traffic impact study that was submitted for that development indicated that none of the streets within Bear Creek Subdivision would be over capacity with the additional traffic from the Kodiak parcel. Therefore, the ACRD Commission feels Lr~ stronoly that this connection to Polar Avenue should be made. For example, not allowing this connection would force Kodiak residents to exit onto a state highway and loop around to Victory Road or Overland Road to reach the park within Bear Creek Subdivision, or to reach the recreational facilities located on Overland Road. Should the City deny the extension of Polar Avenue into the site, then we are left-with a platted stub street going to nowhere. The ACRD Commission did riot approve the site plans with access off of SH-G9 for the following reasons: • The site plans provide no interconnectivity between parcels. Interconnectivity provides safer and shorter vehicular routes for local residential traffic. • • The site plans show access to a state highway with high speeds and large volumes of traffic. The Commission in concerned with safety. • The impact to the residents in the Bear Creek Subdivision will be minimal with the Polar Avenue connection, and there is no relevant reason to not connect Kodiak to Bear Creek. • The Commission further reiterated that ACRD will not approve a public street off of SH-69 for the purposes of serving the residential lots. ACHD also feels strongly about emergency access, and supported the proposed design with the Polar Avenue turnaround to the west of the office/commercial lot, and having an emergency access (via grass-crete for example) that would connect Polar Avenue to the commercial parking lot, to SH-69. The recommended design would allow Bear Creek or Kodiak residents to access the office/commercial lot without having to use SH-69; would allow access to the office/commercial lot from SH-69; would provide emergency access from SH-69 through the office/commercial lot tp Kodiak Subdivision; but would not allow through movement from SH-69 to Bear Creek Subdivision. Staff did note for the Commission that the possibility existed for the applicant to construct a private road off of SH-69, because that would not require ACHD approval. The Commission did not vote to include that recommendation in their motion because of the interconnectivity and safety factors as mentioned above. Sincerely, Christy Richardson Planning Review Supervisor 387-6178 ~~ ~~ ~~ v~ ~ u • nt,~1L rHx :1 ~Ub 3457650 PAGE li 3 • 4~~s .'~ ~''' Ada Co • ~nty ~Iighvvay District Dave Givens, 1st Yce President Judy Peavey-parr, 2nd vce President 318 East 37th Street Garden Ciry ID 83114-649g Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus~ACND.ada.id.us DATE - ZS -~ Z Deliver Fax Name of Company:, Receiving Fax number.__ ~~ v ~ Z I ~ Confidential: YES NO ~ Number of Pages (including cover sheet) 3 From N Comme~,.~. RECEI~TED Please Call if you have not received all pages of this fax. FEB 2 5 20Q2 City of Meridian City Clerk Offiee FEB 25 ' 02 1l ~ 02 ~ ~,ao ~„~,.,~~.~, ,,,,~_ _ , ~M~.i c~a 34~/b5V- NAGE 2i 3 LE~YSLATZUN ALERT SOUSE BILL 607(a) I want to inform you about what is happening at the Idaho State Legislature related to House Bi11607(a). House Bi11607(a) seeks to modify the existing impact fee statute under which ACHD operates its impact fee program. We aze concerned not only about how this affects our impact fee program, but how it will affect your jurisdiction's park impact fee program. Many of you might recognize this as the `Micron' bill. The sponsors of the bill aze Micron Technology Inc., the Building Contractors Association of Southwestern Idaho and the Idaho Association of Realtors. The `Statement of Purpose' prepared by the sponsors sa s the various elements of the existing law, which they say will resutin o fiscallimpacts arify Without going into the details ofthe legislation, this bill has two main agendas. First, as we understand it, this bill will allow large property holders in Ada County to use their property taxes paid to ACRD for system improvements on all of their land holdings in the county as a credit against any of their individual developments. Specifically, the bill states in Section 5, 67-5209 CREDITS - In the calculation of development impact fees for a Darticular roiect, credit or reimbursement shall be give for: (b) The present value of all tax and user fee revenue generated by the dev~ and wed by the governmental agency for system improvements of the category for which the development impact fee is being collected. Our interpretation of this is that a developer of a new commercial center in Eagle could expand the use of property tax credits beyond the Eagle project. Taxes paid to ACRD by the developer on property in Boise, Kuna, Meridian and elsewhere in Ada County that are used by ACRD for system improvements could be used as credit AGAINST the impact fee for the individual commercial development in Eagle. This bill does not restrict the number of times a developer can use this cumulative tax credit on future developments elsewhere in Ada County, The result is lazge land holders may accumulate so much credit that they will never pay an impact fee to either ACHD or perhaps to your jurisdiction. The second agenda of this legislation is to abolish the current method of determining impact fees utilized by ACRD. Currently, Idaho Code allows the use of two distinct methodologies for calculating impact fees: 1) The Improvement Based Methodology (CIP method) looks at anticipated future improvement costs and determines a unit fee based on anticipated land use. 2) The Standard Based Methodology (Alternative method) looks at costs &orn a historical perspective and determines a fee based on costs of road construction and road capacity. FEB 25 ' 02 1103 1 208 ~a~7~~A oor.~ ~~ rrrn • 1 cuts au~~b~U PAGE 3/ 3 ACRD uses the second methodology in calculating its impact fees. This methodolo is eliminated in HB607(a) and it is our understanding that this bill, as written, would ~ become effective on ruly 1, 2002. Should this be the case, ACRD wou]d not have a CIP based impact fee ordinance. None of ACHD's impact, fee ordinances, current or ast, would comply with the new statute. We expect that an update of our existing Capital Improvement plan (CIP), the necessary stakeholder meetings required to develo anew ordinance, the statutory requirement for public notices, reviews and hearings could not be accomplished in less than one year. The result is that impact fees will be suspended and road projects affected. 1`Iow does this affect you and yow constituents? This legislation will result in a substantial reduction in impact fee revenue specificall earmarked for roadway improvements in your j urisdiction. Y We expect that due to this loss of impact fee revenue, we may find it ne construction schedules for projects in your~urisdiction. This is unfortunate because~it st will place an additional burden on our already strained roadway infrastructure. The transportation infrastructure may not be the only impact on your jurisdiction. Fo those of you who utilize impact fees for parks and other infrastructure, this legislation will regttire that a credit be given for property taxes used for those improvements against the impact fee you assess. Since this legislation is all encompassing, your impact fees will have to comply with this legislation, as will ours. Finally, with the implementation of the requirements of this legislation, we estimate we will be prohibited from assessing impact fees until a new impact fee ordinance is adopted. This could take as long as one year to implement resulting in the loss of im act fee revenue for at least a year, which we estimate to be $8-10 million. p Flouse Bill 607(a) is detrimental to aJl impact fee programs, please take time to look at this legislation in greater detail and support the opposition to House Bi11607(a). This bill is on the fast track and likely to be voted on by the House this week. I will try to keep you informed through futwe `Legislation Alerts' as we continue to monitor this bill If You want more information on this House Bi11607(a), please contact us. Commissioner David Wynkoop @ 887-4800 Commissioner Dave Bivens @ 888-3776 Commissioner Ludy Peavey-Dew @ 345-2275 Commissioner Susan Eastlake @ 383-9088 Commissioner Sherry Huber @ 888.4247 Director J'. Schweitzer @ 387-6110 or jschweitz@achd.ada.id.us FEB 25 ' 02 1103 1 ~A~a ~a~~~~r~ o~~~ ~~ ,,., ..~~~ v.~v rHUC li Ada County I~~bhway District pavid E. Wynkoop, President 31 B East 37th Street Garden Ciry ID 93714.6499 Dave Givens, 1st Vice President Phone (208) 397-8100 Judy Peavey-Derr, 2nd Vice President FAX (208) 387391 Susan S. Eastlake, Commissioner E-mall: tellus@ACMD.ada.id.us Sherry R. Huber, Commissioner DATE - ~ D Z _ Deliver Fax Name of Cor Receiving Fax number. ~~ ~ '- `~ 2 i ~ Confidential: YES NO Number of Pages (including cover sheet) 3 From RECEIVED D Comments: Please Call if you have not received all pages of this fax. 2Q02 [eridian ~k Office MAR 04 '02 09 37 1 208 ~a~~~~A onr~ ~. rrtn • 1 cva .suornoU PAGE 2/ ~ ~ IVED RECE LEGISLATION ALERT MAR - ~ 20Q~ ~IOYISE BYLL 607(x) City of Meridia>y. March 4, 2002 City Clerk Office. House Bi1160?(a) cleared the house on Wednesday, February 27, 2002 by an overwhelming vote of 60 to 7. The message this vote sends to the citizens of Ada County is that the maintenance and improvement of the roadways, parks and other infrastructure is of little concern to the rest of the State of Idaho. It also sent the message that regardless of our concerns and warnings about the debilitating effects of this legislation, the lobbying effectiveness of the special interest of Micron, the Building Contractors Association of Southwestern Idaho and the Idaho Association of Realtors is very powerful. The next step on the bill's journey will take place today, March 4, 2002, when the bill is scheduled for a hearing in the Senate's Local Government Committee. The hearing will be at 3 p.m. in Room 426 of the Statehouse. Rather than reiterate the specific issues we have with this bill that will adversely affect the infrastructure of Ada County in your jurisdiction, we would like to provide a list of the projects that maybe affected as a result of the inevitable reduction in revenue due to this bill. The list is as follows: • Five Mile Extension • Overland, Meridian to Eagle • Adams Street, Veterans to Kent • East PazkCenter River Crossing • Fairview/Cole Intersection • Star Road, Hwy 44 to Floating Feather • Franklin Road, East 1st to Eagle • Maple Grove Extension • Victory, Cole to Overland • Overland, Cloverdale to Five Mile • Ten Mile, Cherry Lane to Ustick • Floating Feather, Edgewood to Eagle We encourage you to take a careful look at the list and ask if it is worth having your jurisdiction sit on the sideline, watching your community's roadway system become gridlocked and its pazks deteriorate because the sponsors of this bill are willing to gut. the law for their special interests. Many of you have heard the rhetoric that the sponsors have spewed about ACHD and its inability to communicate or work with them. Some of you can probably relate to a time where you felt the same way. Perhaps that has even affected [he way you are considering this bill, from an emotional perspective rather than from a practical perspective. Think MAR 04 ' 02 09~ 38 ~ ~Aa znc~c~r~ ~~~,^ ~, rHn•1 ~~u ~345./b5U PAGE 3i 3 r: back and we believe you will find that these issues always get resolved and most frequently they are solved through combined, coordinated communication and compromise for the good of all of our constituents. Again, we ask you to look at the list of projects in your community that could be delayed, or perhaps dropped, and ask if the impact of this legislation is worth it to your constituents. We continue to oppose House Bi11607(a) for the reasons we stated in the first Legislation Alert and we encourage you to oppose this bill. Today's hearing is critical for your constituents as well. Please take time to attend the hearing and oppose this bill on behalf of those constituents. Again, if you have any questions, or need more information on this bill and its impact on your jurisdiction, please contact us. Commissioner David Wynkoop @ 887-4800 Commissioner Dave Bivens @ 888-3776 Commissioner Judy Peavey-Derr @ 345-2275 Commissioner Susan Eastlake @ 383-9088 Commissioner Sherry Huber @ 888-4247 Director 7. Schweitzer @ 387-6110 or jschweitz@achd.ada.id.us MAR 04 '02 09 38 ~ 1 208 3457650 PAGE.03 ~ '~ En RECENT PUBLIC MEETING MAR - 4 ~0~~. SIGN-IN SHEET City of MeridiaxY City Clerk Office DATE /~Z,~-~-~ d.~" ~ a~ ~h- ~ ~v ~ Z~ ~ /(~~ ~ AGENCY / COMMITTEI ~ ~ L/A-k~wG ~~Gl~~ Cy-~-vr~i~~~ ~-~,..e~c.~ NAME AGENCY ELEPHONE ~ ~ P~ ~ ~ ~ ~ ~?~~~ `~ ~~ i~V~ 4~ ` ~ ~~LJ`1~~~~4~"y ~,~~7 VV //v.~v~'V ~'W~~'1~C~ ~~~ ~~V~ a~ ~ ~L~ ~-~"~ 3~7~~~3 `~ ~Q ~ ~=h r- r- t7(~ ~~ ~~7- ~i' 1 ~ e,~r L ~ p c' ~ ~,?-~1~- ~- ~~ K L ~ ~ 3~ ~ -dry ~~ CCU; ,L,f ~, f C7' ~ 35,~';~ ~C~ .~' 0 ~`~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/19/02 Revised 03/07/02 Revised 09/19102 IN THE 1VIATTER OF THE REQUEST FOR PRELIMINARY .PLAT FOR SUNDANCE SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO Case No. PP-OI-Ox~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: G. L. VOIGT DEVELOPMENT, APPLICANT The above entitled matter coming on regularly for public hearing before the City Counci] on November 20, 200 ] ,and contin«ed until FebrE~aiy 19, 2002, and and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, appeared and testified, and the City Council leaving received a report fi-an~ Bead Hawkins-Clarlc, Planner for Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council leaving received as part of the record of this matter the recommendation. to City Council of the Planning and Zoning Con~n~ission and the applicant having submitted the "PRELIMINARY PLAT, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION DATE: 07131100, SUNDANCE SUBDIVISION, LOCATED IN THE SW'/4 Off' SECTION 3I, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO, DWG DATE: 08/24/00 VKK, DWG NO. 0205, SHEET: 1 OF i PRE-1, REVISION: 3/20/01, 6108101 BKB, 11/01101 BKB, HANDWRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / (PP-o~-o1~} i INFORMATION: RECEIVED 8122102 NOT APPROVED, BRIGGS ENGINEERING, INC., G.L. VOIGT DEVELOPMENT, DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received anal adjudged by tl~e 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 Medium Density Residential District {R-8), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. Tl~e preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. G29. 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 Earth as conditions ofprelurainary 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 anal Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there wi11 be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / (PP-o~.-oa.~) z 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or envirozlmental problems and there have been uo specifics of any such concerns brought to the Council's attention. 6. Tt is found that the Reco~nn~endation To City Council of the Planning and Zoning Co-nmission 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, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION DATE: 07131100, SUNDANCE SUBDNTSION, LOCATED IN THE SW'/a OF SECTION 3I, T. 4 N., R. I E., B.M., ADA COUNTY, IDAHO, DWG DATE: 08/2/00 VKK, DWG NO. 0205, SHEET: 1 OF 1 PRE-I, REVISION: 3120101, 6/0810/ BKB, 11/01/01 BIB, HANDWRITTEN INFORMATION: RECEIVED 8/22102 NOT APPROVED, BRIGGS ENGINEERING, INC., G.L. VOIGT DEVELOPMENT, DEVELOPER". DECISION AND ORDER Pursuant to the City Cou~~cil'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 Preli~nina~y Plat of the applicant as evidenced 17y "PRELIMINARY PLAT, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION DATE: 07131100, SUNDANCE SUBDIVISION, LOCATED IN THE SW %4 OF SECTION 3I, T. 4 N., R 1 E., B.M., ADA COUNTY, IDAHO, DWG DATE: 08/24/00 VKK, DWG NO. 0205, SHEET; 1 OF 1 PRE-1, REVISION: 3120101, 6/08/01 BKB, 11/01/01 BKB, HANDWRITTEN INFORMATION: RECEIVED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / (PP-ox-oxb} 3 8122102 NOT APPROVED BRIGGS ENGINEERING, INC., G.L. VOIGT DEVELOPMENT, DEVELOPER" is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Pla~~ning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer service to this development shall have to be provided by the future White Trunk Sewer, which is being designed at this time. The trunk alignment/construction is totally dependent on agency approvals, and appropriate easea~~ents being obtained. Although the Public Works Department is proceeding with final design of the White Drain Trunk, and anticipates it being complete by the end of August, all easeme~lts must still be secured prior to commencing construction. The Public Works Department's preliminary schedule estimates construction to begin in mid-October, 2001. It shall be noted that more than two (2) miles of trtitnk fine must be const~ti~cted before this parcel could be served. The Public Worlcs Department anticipates the trunk being completed in the spring of 2002, assuming a relatively smooth approval process. When sewer is available, applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to fceep the sewer lines on the south and west sides of the centerline. 4. Water service to this develaprne~~t shall be via extensio~~s from the existing main in Usticlc Road adjacent to the proposed subdivision. Applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 5. Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, larimaiy water supply connection to the City's ~l~ains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has not indicated whether the lressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system., plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE ,SUBDIVISION / (PP-~or.-o~.5) 4 system O&M manual must be submitted prior to plan approval. 6. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan sha[1 include sizes and species of trees, shrubs, berminglswale details, and all proposed ground cover/treatment. No fencing shall be permitted within tl~e required landscape buffers. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. The Usticlc Road landscape buffer shall be a minimum of 25 feetrn width beyond the required ACRD right-ot=way and constructed by the developer as a condition of the plat. The landscape buffers shall be placed in common separate lots {as shown}. Fencing is not to encroach upo~~ these buffers. 8. The Meridian Road landscape buffer shall be a minimum of 35 feet in width beyond the required ACRD right-of--way to meet the minimum buffer width along entryway corridors. The landscape buffers shall be placed in common separate lots {as shown). Fencing is not to encroach upon these buffers. 9. Six-foot-high, solid, perimeter fe~icing shall be required along the northern and eastern boundaries of the subdivision, with the exception of the Finch Sub-Draic~. No perimeter fe~~cing shall be constructed along the Finch Sub-Drain east boundary- Rather, the developer shall construct the fe~~ce along the Finch Sub- .Drain's west easement line. Submit detailed fencing plans for review and approval with submitta[ ofthe Final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash shall be required for these fences prior to signature on the final plat. 10. The plat does not call-out the centerline of either Ustick Road or Meridian Road. It appears the section line is the centerline, but since right-of--way dedication is taken from tl~e centerline, this shall be clearly evident on the plat. Applicant shall submit a revised copy of the plat prior to the City Council hearing showing centerline locations. 11. The common landscaping lots along the east and west sides of N. Tupiza {the residential collector off of Ustick Road), north of W. Patagonia Drive, are separated into foiu lots (26 and 27, Block 10 anal 31 and 32, Bloclc 7). The Applicant shall clarify why these lots ace separated and not shown or maintained as a single common lot. It also appears Lot 32, Block 7 shows an incorrect lot size. The plat shows 2,650 s.f., but this should be larger- 12. Lot 4, Bloclc 9 (pocket park lot) shall be designed to prevent accumulated water front standing for periods longer than 24 hours. The maximum side slope of this storm drainage lot shall be 4:1 and it shall be planted with grass. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / {PP-o~.-orb) 5 13. The soils investigation report submitted with the application indicates that additional monitoring was to be conducted through October 15, 2000 within the project site. Design engineer to provide the Public Works Department with results of the additional monitoring, and a statement of compliance which certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation, prior to the approval of development plans. This is an effort to ensure that the building footings are at least one foot above the highest groundwater elevation. 14. As residential collectors, N. Tupiza and W. Santiago Street shall be constructed with detached sidewalks {parkway design) from their point of access on to Meridian Road and Ustick Road the hill length of the landscape buffers. The Applicant shall also address the alignment of the meandering, detached sidewalks shown in the Ustick and Meridian Road landscape buffer lots. Only portions of these sidewalks are cune~ltly shown on the plat; they do 31ot extend the full length of .property. No sidewalk is shown in the Ustick Road landscape buffer lot east of N. Tupiza Way (Lot 1, Black 10). 15. No detailed open space calculations were provided in the application to demonstrate-if and how the minimum 5% requirement is ~r~et. The plat face states that 1 S lots were included, but it's not clear if the Meridian and Ustick Road landscape buffers were included or not. Based on the square footages shown, estimate the open space to be approximately I70,000 s.f, or S.6% of the subdivision. The Applicant shall note that the 20-foot-wide buffers between the office and residential uses cannot be included in the 5% open space calculation. The Finch Sub-Drain area along the east botutdaiy shall be excluded from the required 5% open space requirement since it would not be visually or actively accessible to tl~e homeowners. 16. Applicant shall clarify that Lot 9, Black 1, Lot 17, Bloclc 7, Lots I$ and 35, Block 10 and Lot 3$, Block 7 are all inte~ided as dual purpose micrapath/utility corridors. Modify plat to 1abe1 these lots accordingly. l7. As a condition of the plat, Applicant steal[ be required to construct a minimum ten-foot-wide asphalt path, open-vision fencing or four-foot-high solid fencing (maximum) along both sides of any nlicropaths, and install bollards at both ends to discourage vehicular access. Solid fencing a~~ay not exceed a height of three feet within 20 feet of any right-of--way. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than foie feet on the sides adjacent to the micropath lot. 18. Sllow all existing permanent and temporary sanitary sewer construction easements on the preliminary plat map. No lots shall be allowed to encroach within any permanent sanitary sewer easement, and no lot improvements shall be allowed to encroach within the temporary construction easement until such time as construction is complete and the temporary easement is released per the terms FINDINGS OF FACT AND CONCLUSTONS OF LAW AND ORDER OF CONDTTIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / {PP-or-oi5) 6 of the easement. I9. Per City Ordinance 12-4-13, the Finch Sub-Drain must be piped. There is a combination 1.5-foot and 35-foot easement shown for this drain. It does not appear that any lots encroach into this easement. But, if Applicant proposes lots to eneroacll within the sub-drain easement, provide a copy of the executed encroachment agreement with appropriate irrigation district, indicating how the land underlying these easements play be used and showing approval for the P.I. lines to be within the ease~llent, prior to signature on the final plat. The balance of the existing easement left over after an encroachment agreement shall be designated as a common area lot. 20. No lot number is assigned to the GO' x 900' Finch Sub-Drain on t11e east boundary, yet it is within the boundaries of the subdivision. Applicant sha11 revise plat to assign tllis a lot nual~ber or otherwise modify the plat to show how this area shall be treated within the plat. 21. There are concerns about the Finch Sub-Drain area becoming a "blind alley" between the residential [ot rear fences and the subdivision perimeter fence. Unless it is incorporated as hart of the adjacent building lots, it is essentially a "dead Z011e" that is difficult to maintain and of little benefit to the subdivision. Depending on how the :flag lot east of this drain develops, the landscaping in this lot ~11ay better serve as an amenity to that lot's entry drive, i11 which case a perimeter fence would not be necessary on the east boundary, soutll of Lot 42, Block 10. To avoid this, the developer shall construct a fence on the westerly Fincll Sub-Drain easement line but not constrict a perimeter fence on the east subdivision boundary. 22. Additionally, the Preliminary Landscape Plan shows trees in the Finch Sub-Drain along the east boundary. Typically, irrigation districts do not allow trees in their easements. If approved as shown, Applicant shall provide evidence that the irrigation district will pe~-~nit trees in this area. If not, the trees shall be removed and the plan modified, possibly as stated above. Trees could be planted within the 10 feet that is outside the easterly drain easement but within the boundary line. 23. The west terminus of W. Ventana Court shall be choked down in its design below the 50-foot of width proposed to encourage a slower vehicular approach into the future office parlc. 24. If additional non-encroachable easement width is required by ACRD beyond the boundaries of the dual purpose micrapath/drainage/sewer Iots (curre~ltly shown as 20 feet), then the buildable lot boundaries shall be relocated to the nan- encroachable easement line in order to meet minimum lot frontage. The mu7inlum lot frontage of the buildable lots adjacent to these dual purpose lots play be reduced below that as allowed by ordinance if ACRD requires additianaI easement width. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / (PF-oz-oz~) ~ 25. Add the Right to Farm note to the plat. Adopt all ACRD requirements as follows: 26. All provisions required by the ACHD, in the annexation and zoning application (AZ-01-012) apply to all applications for this development. Adopt the Meridian Fire Department Recommendations as follows: 27. Provide afire-flow of 1,000 gallons per n7inute to service the entire project. Fire hydrants shall be placed an average ofi 50Q' apart. 1.997 UFC Appendix II1-A. 28. Operational fre Hydrants and ten~pora~y or permanent street signs are required before combustible co~~struction begins. UFC 901.4.2 & 901.3 29. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the Meridia~i Water Department for water quality. 30. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Several fire hydrants will have to be relocated. 31. All radii shall be 28' inside and 48' outside radius. 32. Tnsure that all yet undeveloped parcels are maintained free of combustible vegetation per section 11.03.2.4 of the Uniform Fire Code. Adopt the Recommendations of the Central District Health Dept. as follows: 33. Tl~e Applicant's central sewage and central water plans must be submitted to and approved. by the ldaho Department of Health & Welfare, Division of Environmental Quality. 34. Run-off is not to create a mosquito breeding problem. 35. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 36. The Engineers and architects involved with tl~e design of the subject project shall obtain current best management practices for storn~water disposal and. design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Services Dept as follows: 37. Commercial offices shat[ call fora 618 yard container. Location is good but plan for a minimum of 12' inside of the gate posts for clearance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER DF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / {PP-o~~oz~) 8 38. Angle container and enclosure to permit 60' drive on clearance, or locate tlae enclosure to the northeast corner of the commercial property. Additionally, adopt the action of the Council from their February 19, 2002 meeting as follows: 39. There shall be a Hold harmless agreement executed by the Applicant and agreed upon by the City that the applica~~t will hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to tl~e City in doing the annexation at this time, and the applicants will have to wait until all sewer easements are done and complete. 40. The exit for the subdivision shall be lined up with the private road that is directly to the south on Ustiek. ~~ By action of the City Council at its regular meeting held on the day of ~Gliz G~ , 2002. ROLL CALL COUNCILMAN BIRD VOTED__~~~ COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED~- COUNCILMAN NARY VOTED~~- MAYOR ROBERT D. CO VOTED {TIE BREAKER) Copy served upon Applicant, The I'la~lning and Zoning Department, Public Wo,kss~,;,,,:,rr„ Department and City Attorney. `q~,,~~~~ o~ ~~~~~.,~~~,', ~` C~' `~~pRPO~ TFO ~ "' By: ~~ Dated: ~""`~~-~ ~" City Cleric ~ a`~ Z:1GVarkiMlV[cridi~icilMcridian 1~3601~11susidaEiccSitbA~~l-012 PP01-015 CUPO[-6261FfC1sordPP.doc l%~`~~ ~~~5]' -~c;~ ~~ ~~``~ i ~ ~ ~ 4; . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER ~ j ' ~''~ OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE SUBDIVISION / (PP-oY-O15) 9