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HomeMy WebLinkAbout1994 11-15~ ~ MERIDIAN CITY COUNCIL AGENDA TUESDAY, NOVEMBER 15, 1994 - 7:30 P.M. CITY COUNCiL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 1, 1994: (APPROVED) LILA HILL - PRESENTATION ON HISTORICAL PRESERVaTION COMMISSION: 2. TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO. 2 SUBDIVISION: (TABLED UNTIL DECEMBER 6, 1994) 3. TABLED NOVEMBER 1,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION NO. 5: (TABLED UNTIL DECEMBER 6, 199~4) 4. TABLED NOVEMBER 1, 1994: ~RDINANCE #675 - HAVEN COVE N4. 5: (APPROVED) 5. TABLED NOVEMBER 1, 1994: PRELIMINARY PLAT FOR HAVEN COVE NO. 5: {APPROVED WlTH CONDtTiONS) 6. TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR AVEST: (APRROVED WITH CONDITIONS) 7. ORDINANCE #678 - MARTELL PROPERTIES REZONE: (APPROVED) 8. PUBLIC HEARING: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: (CiTY ATTORNEY TO PREPARE FINDINGS C1F FACT AND CONCLUSIONS OF LAW) 9. PUBUC HEARING: VARIANCE REQUEST BY JOSEPH AND MARY daROSA: (PUBLIE HEARIIVG CONTINUED UNTIL DECEMBER 6, 1994) 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMlT FOR WEST ONE BANK: (APPROVE FINDINGS OF fACT AND CONGLUSI~NS OF LAW; APPROVE CONDITIONAL USE PERMIT) 11. PUBLIC HEARING: REQUEST FOR REZ4NE BY tREASURE VALLEY WQRSHIP CENTER: {APPR~VE FINDINGS OF FACT AND CONCLUSIONS OF LAW; CITY ATTORNEY TO PREPARE ~ ~ REZONE ORDtNANCE) 12. PUBLIC MEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER: (APPROVE FINDINGS 4F FACT AND COIdCLUSIONS OF LAW; TABLE UNTII ORDINANC~ PREPARED AND ADOPTED) 13. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAYNE {NDUSTRIAL PARK BY LANYE OF iDAHO: (APPROVED WiTH COIdDITIONS) 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WiTH A PRELIMINARY PLAT FOR RAVEN HILL SUBDNISION BY ALLAN CHANDLER: (CITY ATTQRNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARiNG: VARIANCE REQUEST FOR HARTFORD SUBDMSION BY VIJYA LAXMI, INC.: (CITY ATTORNEY TO PREPARE FINDIMGS OF FACT AND CONCLUSIONS OF LAW) 16. F1NAL PLAT: HARTF4RD SUBDtVIS10N, 66 LOTS BY VIJYA LAXMI, INC.: (TABLED UNTIL DECEMBER 6, 1994) 17. dISCUSSION CONERNING THE DEVELOPMENT AGREEMENT FOR ENGLEWOOD CREEK SUBDIVISION: (MEET WITH WAYNE CROOKSTON, WALT MORROW, MAX YERRINGTON, SHARI STILES) 18. DEPARTMENT REPORTS: A. SHARI STILES, PLANNING DIRECTOR 1. MARTY GOLDSMITH - DEVELOPMENT AGREEMENT B. GARY SMITH, CITY ENGIfVEER 1. SEWER LINE LiNING AT MERIDIAN ROAD AND RAILROAD CROSSING: (DECLARE EMERGENCY) 2. NON-POTTA6LE WATER: (DECLARE EMERGENCY) 3. CIVIL SURVEY CONSULTANTS PLANS FOR WELL NO. 16 (APPROVED) C. WAYNE CROOKSTON, CITY ATTORNEY 1. LfD PNASE 2- DOWNTOWN - UPDATE: D. MAX YERRINGTON, CITY COUNGILMAN 1. PF~OCLAMATION - BRONCO DAY: (APPROVED) ~ ~ MERIDIAN CITY COUNCIL NOVEMBER 15. 1994 The regular meeting of the Meridian City Council was calied to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Max Yerrington, Walt Morrow, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Wiil Berg, Wayne Crookston, Gary Smith, Shari Stiles, John Thom, Lenora Cushing, Lila Hill, Earl Hill, G.H. Lester, M. MacCoy, Julie Grapatin, Richard Jewell, Roen Wiison, Jerry Frank, Randy Stephen, Scott Wendeli, Gordon Slyter, John Schafer, Jamison Shoemaker, Tami Shoemaker, Gary Lee, Jim Merkle: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 1, 1994: Kingsford: Are there any corrections to those minutes? Morrow: I move that the minutes be approved as written. Tolsma: Second Kingsford: Moved by Watt, second by Ron to approve the minutes af November 1, a1i those in favor~ Opposed? MOTtON CARRIED: All Yea Kingsford: Before we begin we have a request to table items #2, 3 and 15. I would entertain a motion to do that. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, seeond by Ron to table items 2, 3 and 15, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: LILA HILL - PRESENTATiC~N ON HISTORICAL PRESERVATiON COMMISSION: Kingsford: Lita Hill; What I have passed out is just information on what the certified local government committee did when it did #he reconnaissance survey of Meridian in 1987. I will give you a few minutes. The second sheet is just a sample of what you file for a national historic ~ Meridian City Council November 15, 1994 Page 2 • registry, you can see what questions have to be answered. And i do have with me the 4 properties in Meridian that have been #iled on if you want to see any of those actual nominations. Kingsford: Which ones are they Lila? Mill: One of them is the Hunt House, or Bernadine Hoasly's house, one of them of course if the Dr. Neal home, and one of them believe it or not is the Meridian Exchange Bank Building, which surprised us. And atso it has been nominated with the Bittle and Songer buiiding complex which at one time may have been on but has since been removed because the exterior facade was changed in the last remodeling. They changed the comer door over to Intermountain Arms to the side so that had taken it from the register. The certified local government ordinance has been enforced since 1987 when the City received a grant from the National Parks Service to conduct a reconnaissance survey of the older buildings in the core area of Meridian. The committee has lapsed due to lack of activity and it is crucial that a new one be appointed for re-active status with the Idaho State Historical Preservation in order for a grant to be received #his year or I might say be forteited this year in order to nominate local buildings to the historic register. In order to qualify for the register a building must be over 50 years ofi age and its outward appearance unaltered. Registry nominations are not done without the cansent of the owner and can be removed from the register if the facade is changed or the buiiding moved. I understand #hat you have some questions, and I will answer them as best I can. And following the questions I rnrould like to report on a conference held this summer and make a recommendation. So I am open for questions. Morrow: I have a few questions, are you indicating this committee already exists? Hill: This commission did exist but unless it remains active, then it is not considered cert~ed by the State and we have ta re-appoint to recertify #o go ahead and apply for the registry nominations or other grants and a national park servic:e #or historic properties. Morrow: In reading through this information it appears to me, I guess I have a couple of questions with respect to, is the grant about $500 with another $2000, it appeared according to this information that the maximum grants were $250~. Hitl: Except when there are extenuating circum~tances, some of the cities have received as much as over $5000 up to $8000 when they were doing major core area historic districts. But we are nof talking about a historic district here, the grant that we have applied for and have hanging out there at the moment is for $1000 to do a historic register nomination for the old school house and this was begun probably 6 weeks ago. ~ Meridian City Council November 15, 1994 Page 3 ~ Morrow: And it indicated in this information that those grant monies are subject to avaitabifity. Hill: This one is available now, we know that. And they usually have monies for that, this would also put us in line to have easier access to the license plate historic money. Morrow: I guess my question w~s that it didn't indicate in these documents that if the grant money was not available, what source of back up funds are there? Hill: It is always a matching fund grant thing and before the historical society provided the matching funds untif the City receives the check back for it and then we negotiated. Morrow: Okay, the way that this is set up does the City have any tong term tiability for funding (inaudible). Hill: No, it would be like a basic grant and right now the historieal society has the funds to cover those but it has to come through the city coffers because it has to be approved by the City before any of this work is done. Morrow: If this was adopted in 198~ is the format that it was adopted in, one of the things that I have looked at on page 11, indicated that at a minimum Local governments will want to develop methods for considering historic resources in tocal decision making. For example the local preservation commission may be given a formal advisory role in planning and zoning issues, participate in building permit process and consult with other local governmen#al agencies and economic development and tourism issues. Is that a part of the ordinance that was adopted? Hill: I don't betieve that it was, Grant do you remember? Kingsford: I couldn't find it, I don't remember that wording. Hill: I don't remember, we never considered doing that or sitting on Planning and Zoning. We certainly don't want to do anything without their blessing but we don't want to sit on another board. Morrow: I guess my concern was in reading all of this through. Hill: They try to give you all of the options that are availabte in the information. Morrow: By virtue of my occupation 1 am famiiiar with the places that have been piaced on his#oric lists that, not with the property owner~ consent or aware of historic districts that ! ~ Meridian City Councii November 15, 1994 Page 4 have been created that basically ended up meaning that folks couldn't do simple remodels on their homes without large bureaucratic process to go through. Hill: No, that is not the intent at this present time. Morrow: Do we have safeguards to keep those kinds of things from happening? Hill: Yes we do. Kingsford: Any other questions? Morrow: I think that covers my questions. Kingsford: Anyone else? Corrie: Do we need to vote (inaudible). Kingsford: What exactly is that we have to do? Hill: You have to re-appoint the members to that current commission. And you already have those peoples names who have agreed to serve. I think 1 could probably tell you most of them, Frank Thomason as the Professionai Historian, who has a doctorate in history, Wayne Forrey who is a nationally certified planner which fills the requirement of a planner, the architect would be Jim Shearer, the City Architect. I think we suggested that it be seven members rather than the 5 that it originally was because of getting a quorum for meetings. The President of the local Historical Preservation Society, mysetf as the City Historian and then if you wanted to put any other 2 people you want to put on it who might represent the building trade or something like that. Kent Roberts has indicated he would like to serve on it. Kingsford: You have 6 members and then 2 alternates, oh I counted you twice. That being the case 1 would suggest to the Council #hen the re-appointments of Frank Thomason to a 3 year term, Jim Sh~arer - 3 year term, Lila Hill - 2 year term, Gwen A1ger - 2 year term and Wayne Forrey -1 year term, Kent Roberts 1 year term and Doug Routan would be a 2 year term. Corrie: So moved Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the reappointment of Frank -_ I Meridian City Counci! November 15, 1994 Page 5 CJ Thomason, Jim Shearer, Lila Hill, Gwen Alger, Wayne Forrey, Kent Roberts and Doug Routan to the Historica! Presenration Commission, all those in favor"? Opposed? MOTION CARRIED: A4! Yea Hill: Last Summer, the Meridian Fire Department received an invitation to the {daho Historic Building conference that was held in Boise in June and that invitation found its way to the Historical Society. Gwen Alger and 1 attended as representatives of that group and were the only ones there from Meridian. The invitation had also been extended to architects, buifding inspectors, historical societies and other wo were interested in buiiding preservation. The conference was organized by the Boise City Planning office and Boise building inspectors. There were attendees from all over the state and the goal of the conference was fo provide a forum for discussion of regulatory options for the rehabiiitation of historic structures. The conference speakers provided a mix of examples and expertise to stimulate and encourage the audience in an open and sometimes very hea#ed and #rank discussion of what must be done in Idaho to bring all facets of building in the commwnity together to accomplish practical solutions to these issues. Further workshaps have been held and the architects involved in historic reconstruction are most supportive of the uniform code for building conservation. This working document is published by the National Conference of Building O~cials and has been designed to provide tools to effe~tively implement the provisions of the Uniform Building Code by identifying minimum levels of safety or performance of all existing buildings. Historic buildings are given certain exceptions and alternatives within the intent of the Uniform building Code, UCBC or this one for building conservation also includes assistance in evaluating the existing buildings and the acceptable alternates developed as part of the US Department of Housing and Urban Development rehabilitation guidelines program. In short this UCBC is a building conservation guideline presented in code format whicn will provide a community with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted exactly the same as the Uniform Building Code and it is compatible with the other building codes such as electrical and plumbin~ and it may be adopted as a code or used as a guideline for those with older buildings. Several towns and cities in Idaho have already adopted this code and the members of the conference who was there from the Gity of Lewiston (inaudible) over how it had helped with the reconstruction of historic buildings in their town. The inspeaors and the ~rchitects were very much at odds that day and {inaudible) arguing with the Boise City inspe~tors, and the inspectors saying we have to what you have enacted as code. We can't make any variations on that because the building is old or any of those things. We have to go by and enforce what codes the City has adopted. The adoption of this code which includes the historic clauses would enable the owners of existing older structures and those remodeiers to meet the safety code limits without sacrificing the integrity of the existing structures. One examp{e is under the Uniform Code (inaudible) have to be removed in all the otder • s Meridian City Coun~il November 15, 1994 Page 6 buildings and those areas filled in which of course changes the antiqueness of the buiiding. With the uniform code for conservation they are ailowed to meet that code by installing in the (inaudible) a steel framed wire glass and thus preserve the historic feel without violating safety code limits. The historic society has been aware of this code for several months and Will ordered this copy quite some time ago and then we got hung up on this other situation of appointments. Right now the adoption of this code would eost the City absolutely nothing and would greatly facilitate the new owner of the 1912 High School and the desire of many o# us to see this and other buildings on the historic register. We really didn't anticipate all of this would come to a head at the same time, it just kind of happened that way. The new owner of the high school building is here, if you have questions to ask of him he has atready met with the historic preservation commission people. The building has met their guidelines and their codes, they enthusiastic about doing this and working with us on this. So I would urge your adoption of the Uniform Code for Building Conservation, it woufd facilitate the conservation of existing buildings using the national park guideline of those buildings 50 years older or of unusual significance to the county as the determinations for buildings that could be rehabilitated under this code. And t wil4 try to answer questions if you have any. Kingsford: Questions on the Building Conservation Code? Morrow: I don't have any questions for Lila, I have some comments to make for the City Council I think. Kingsford: Do you have any questions for the new owner of the high school? Go ahead Walt. Morrow: I think befare we embark as the Council with respect to adopting this we need to get the input of certainly our City Engineer, our City Building Department, our 3 inspectors and take a look at this because I have not personally worked with this code nor am t familiar with the workings of the code and so I think at the very least we ought to have some input from our building officials and our public works folks before we adopt that particular code. Hill: Could I ask that it be done fairly quickly, the historic section is really very small and it deals with archaic properties and with seismic things for earth quakes and some of those. Otherwise it is pretty much the same as the code except it makes some changes for those historic buildings. And it is a fairly new code, it has only been out for about 4 years. But I think it is certainly well worth looking into and I can give you a list of #he 12 or 15 buildings in town that have been designated by the State Architectural Historian as worthy of historic register nomination if you are interested in that. C~ Meridian City Council November 15, 1994 Page 7 Kingsford: I think that would probably be a good thing. Hill: The Tallad Home on East State, next to Gwen. Corrie: Do you have a list of these? Hili: I can give you addresses, we can make copies of it. Kingsford: Would you do that? • Hi~l: Okay, let me run through them, Margaret Collins home which is at 55 East State, 132 West Broadway across from the Senior Center which is probably a sears mail order house, 731 Meridian, the Burke home which used to be the brown and white one on the corner across from the Pine Stree# School. 237 East Idaho directly south of the Methodist Church which is a cube house or the one that is at 532 East Broadway which is kept in better repair. 402 East 2nd which is the Reigns house which is a 2 story house across the tracks. 128, 130 and 134 East Broadway which of course is the bank and the whole complex along there, part of that is already on the register. 134 East Pine which is the Powers House, which the daRosa's own right now. 829 Meridian Street, which is the little house in the comer which is the ~Imot home which has a lava rodc basement underneath it. 1403 on East 1 st as you go north it is fihe little blue house that sits back which is another Sear's mail order house. And at 1125 East 1 st the bungaiow which was the home Earl's mother Clair Hill, and those are the ones that she did in going through the pictures that we did on the earlier reconnaissance survey. So you can tell they are very scattered we are not irrterested in districts and it would take a considerable amount of time to do the work on most of those. We do have a lot of work ready for the school, but the urgency is in getting approval so that we can work it through with the school and he can perhaps use that code in the reconstruction of that building. Kingsford: We will ask that Walt, if you would have those inspectors take a look at that and have a report back to us at the ne~ mee#ing. Thank you Lila. ITEM #4: TABLED NOVEMBER 1, 1994: ORDINANCE #675 - HAVEN COVE NQ. 5: Kirigsford: Does the Gouncil have questions or comments on that at this point? We do have a signed development agreement. Mr. Morrow. Morrow: ! guess my questions would be of Gary and Shari if we are up to speed with respect to all the conditions that were necessary. Also in tonight's packet there is a new plat map, is that consistent with what has been done before, the only change is the 20 foot berm? ~ ` Meridian City Council November 15, 1994 Page 8 Smith: Yes Morrow: And all the stub roads are protected to adjoining property owners and those types of things? Smith: Yes Morrow: And I think did not Wayne have some input last meeting in terms of were you satisfied with the development agreement and the covenants and restrictions and those issues? Crookston: As the development agreement has been changed yes I am. The covenants, Corrie: While he is looking for that, Gary did they get that 50 foot right of way culdesac cleared up as well, we were cpnaerned about that? Kingsfor~d: Realistically Council, if you are satisfied with the development agreement that probably should be handled under the next issue with the preliminary plat. (Inaudible) pertained and required a development agreement be signed. If we are satisfied that is all right then you ought to take that up at the next item the preliminary plat. Crookston: The covenants that I have in my file show my comments I don't show a set of covenants that have been changed. Kingsford: Mr. Collins, have we received a return on those covenants, who would those have been left with? (Inaudible) Kingsford: Did you re~eive covenants? All communication tha# comes to the City under law should come to the City Clerk, he is the keeper of the records and all of that stuff should come through him and he disperses that to the rest of the departments. Again I think those ought to be handled as a separate item if you are satisfied with the development agreement I think it is appropriate we act on the ordinance. likewise with regard to the preliminary plat, we need to have those back before the final plat is ever signed. We haven't in the passed required those at preliminary plat to be approved, am 1 wrong. Crookston: That is what we have done in the past, that is true. However, the problem becomes if there are changes to be made they should be made in the preliminary plat because that really is what is the most controlling. ~ Meridian City Council November 15, 1994 Page 9 ~ Kingsford: That is certainly true af the plat, I wonder, we don't sign it until we have an agreement on the other items. Am I right, ought we be doing the agenda item 4 first? Agenda Item #4 which is the ordinance? Crookston: I have no problem with adopting the annexation ordinance. Kingsford: I think that is an issue right now. Crookston: That is a separate from the plat. Kingsford: I noticed that when I looked at the agenda. Is the Council comfortable with me reading the introductory to the ordinance and acting on that? Ordinance #675, AN ORDINANCE OF THE CITY OF MER{DIAN ANNEXING AND ZONING CERTAtN REAL PROPERTY WHICH IS DESCRIBED AS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTI4N 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PRpVID1NG AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #675 in its entirety? Is there a motion on the ordinance? Yerrington: I make the motion that we approve Ordinance #675 with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve of ordinance #675 with suspension of the rutes, roll call vote. ROLL CALt VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Toisma - Yea MOTION GARRIED: All Yea ITEM #5: TABLED NOVEMBER 1, 1994: PRELfMINARY PLAT FOR HAVEN COVE IdO. 5: Kingsford: Further questions or comments about that? I might ask Mr. Smith, did you have a chance to review those, all the lots meet the requirements of that zone and so forth? Smith: Yes, Mr. Mayor, I looked at the revised preliminary plat the applicant had submitted and the number o# lot~ are the same as what was submitted originalty. The 20 foot landscape strip was added along Pine and some of the lot configurations were changed aiong there because of that change in the depth of those lots. But it appears that all the ~ ~ Meridian City Council November 15, 1994 Page 10 lots are of adequa#e size they do have frontages that meet the ordinance requirements. And tfie rest of the plat is the same as it has been at least the same as the last revised copy was. Kingsford: Any other questions of the Councif for staff? Mr. Berg, you then did not receive those covenants? (Discussion Inaudible) Kingsford: Maybe Mr. Collins you can fax a set of those revised in the morning to Mr. Berg's attention. They did remedy all the questions of legal counsel had? Did they remedy all those questions that Wayne had? Mr. Collins nodded in the affirmative. Is there a motion on the preliminary plat? Again to have that hammered at the preliminary would be appropriate to make that a condition of the preliminary plat approval if they meet Wayne's approval. Tolsma: Mr. Mayor, I move that we approve the preliminary plat for Haven Cove No. 5 wifh the restriction that the City Attomey review the changes in the covenants to make sure that they meet with our standards. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the preliminery plat for Haven Cove No. 5 conditioned on the City Attorney's review of the restrictive covenants to meet staff approvafs, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR AVEST: Kingsford: Counselor, have you reviewed the Avest development agreement? Crookston: Yes, I have, ( reviewed it with Shari and it meets with our concems. Kingsford: Any comment Shari that you have on it? Sti{es: It has changed only slightly from what you have had in your packets, they wanted, they had a question about pressurized irrigation and in talking to Gary and talking with them again they have agreed that they witl do the pressurized irrigation. They had a problem wi#h a littie bit of wording about the land, using the land as security but Wayne and I, Wayne said that they could deal with that with an addendum if it indeed did cause • • Meridian City Council November 15, 1994 Page 11 a problem. They were concerned about the perimeter fencing requirement and I just informed #hem that was to keep debris off neighboring properties during construction and they will do that. And initially there were some items about Applewood and some residentiai walkways there, f guess in their discussions with some of the neighbors they are changing what they are going to do. It was pretty specific in the agreement so we have just omitted the Applewood it~ms at #his time and can bring those up when they come in for a conditional use permit for the remainder of the property. Other than ~that it is as writ#en with some changes made that Wayne Crookston wanted. Crookston: t would recommend that { think it would be appropriate for the Council to approve it subject to mine and Shari's approval. Morrow: So moved Corrie: Second Kingsford: Just one question Wayne, have we received the signed copy of that? Crookston: No, that is why 1 am saying to have that approval by Shari and myself. Kingsford: Moved by Walt, second by Bob to approve the development agreement for Avest conditioned upon the City Attorney's review and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #678 - MARTELL PROPERTIES REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERN WHIGH IS DESCRIBED AS THE SOUTH 59 FEET OF THE NORTH 67 FEET OF THE EAST 170 FEET OF BLOCK 2 OF THE AMENDED ~'LAT OF F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, ACCORDING TO TME PI.AT THEREOF FILED IN BOOK 7 OF PLATS, AT PAGE 299, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #678 read in its entirety? Seeing none t would entertain a motion. Morrow: Mr. Mayor, I move that we approve Ordinance #678 with suspension of rules. Tolsma: Second ! Meridian City Council November 15, 1994 Page 12 ~ Kingsford: Moved by Walt, second by Ron to approve of Ordinance #678 with suspension of the rules, roli cafl vote. fiOLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Totsma - Yea MOTION CARRIED: all Yea {TEM #8: PUBLIC HEARfNG: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: At this time I wifl open that pubfic hearing and invite the owner or his designee to speak first. Jamison Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: Basically what our request is, this is the map that Ada County Highway Distriet had, tt~e City had an updated map which shows 9 parking spots atong the alley. And when we looked at that and measured that out that would obviously hinder that black maple tree that is there to the point that we would end up killing that tree because of covering the root system. So we have asked for a variance to {imit that to 6 spaces, the Ada Caunty Highway District has asked us to make tMat from 90° to 45° which I would calculate I think would take another 6 more feet. That is the just of it, one other point that I have always been trying to get a clear answer on, we have an area over available that would be a good spo# for handicap off Carlton, but if you notice this line that is our property line and then the rest of it is easement. And talking to our architect he didn't want to draw one in there because I guess technically you are not supposed to put any parking in an easement. Sa that becomes dead man's land, but it would be a good spot to take this handicap spot, put here making access to the entrance way closer and then that woutd also that extra 5 foot could give us an extra 5 foot buffer zone for that tree there also. I don't know what the technical ramifications are to put that handicap in that area. Kingsford: 1 think that depends on the designation of the easement, doesn't it counselor. tf it is just an easemen# you own the property you can do with it what you want so long as it doesn'# impact someone's availability to use that. Crookston: That is correct, pavement cauld be torn up or removed if access needed to be gained to the purpose of the easement. Shoemaker: Maybe I am using the wrong term, it is their right of way, this line is our actual property line, this dotted line we have property pins and that is our property line. So that is right of way that the County is not using right now, the curb is out here, we propose ~ Meridian City Council November 15, 1994 Page 13 • putting in 5 foot sidewaik and stili ample room for a parking spot. Kingsford: 1 think you could use that for that so long as the highway district doesn't widen that street. Shoemaker: That is my assumption that it would be available and if they wanted to widen the street someday then we would lose that parking spot. Kingsford: Any questions for Mr. Shoemaker? Morrow: I have a cauple of questions, we have in our packet a couple of letters from neighbors. Apparently this has become expanded from an original gift shop to the concept of a shop and a restaurant. I have noticed myself in driving by that it is apparently very successful which is a positive thing. But in the letters in our packet from a couple of the neighbors and speaking verbally to another one at some points in time parking at this place does infringe upon the neighbors usages of their properties and their parking even though they are pub{ic streets. It seems to be sensitive to try and save the tree going from 9 to 6 spaces means that is 3 more spaces that are on the public street and impact the neighbors. It would appear to me that something needs to be done my you folks to help address and alleviate the problems with respect to the neighbors properties even with putting in the spaces because they certainly have rights to use their property free from your business impacting them. I am not exactly sure what I am suggesting here to you other #han you need to be a little more sensitive or maybe alter business hours a little bit or something to make sure you are helping those folk out. In a new constructio~ project the parking requirements would be very restrictive and they would be well tied to the building and so on and so forth and there would be a minimal impact on the general public parking. And so this is a situation where a business has gone from a very small neighborhood type business to a business that is fairly successful and it is having a greater impact on the neighborhood. I guess I migh# suggest that befqre it expands any more or has a greater impact that some consideration of those neighbors be taken into account. Kingsford: We will allow you to offer comment when he is finished, I don't want to see a family fight here. (Inaudibfe) Kingsford; Everyone will have a shot, it is a public hearing. Shoemak~r: If 1 understand ~ • Meridian City Council November 15, 1994 Page 14 Kingsford: I am not sure that is good idea for me to say shot and him talking about dead man's land and being that close to mortuaries is kind of an eerie thing, go ahead. Shoemaker: I am trying to remember exactly on the City code for restaurant and retail space, is it parking spot for every 200 square feet? Kingsford: I think there are 2 different things, isn't there a space, square footage and also for number of seating, if I remember correctly. I might be confusing that with water and sewer hook ups. Stiles: I think it is just based on square footage as far as { can remember. Shoemaker: I cam up with 1635 square feet of retail and restaurant space, I believe I can subtract kitchen and bathrooms and things like that, am I correet on that. Stiles: ! believe it is based on gross floor area. Shoemaker: Okay, whether it is retail space. At the 1635 that would be 8 1/3 parking spots I don't know i# we go up or is we round down if it is under 100 square feet. If it is at 8 with B6 and if 1 am allowed to do this one here I would be at 7 and that is within one and that is a lot of parking spaces compared to a lot of the downtown businesses if you want to fook at amount of square footage. So I feel we are making a major step towards trying to be line with the needs of the neighbors and try and stay in line with what we are capable of doing and staying within the City ordinance. Tami Shoemaker, 1664 South Sportsman Way, was sworri by the City Attomey. Shoemaker: In your address, I understand when you said if we do anything more in expanding we need to look at that further down which if we do anything more we will not go and expand until we could have more parking which is something we have in the planning. If we do, we have talked to a close neighbor that we can buy some more property for some more parking. At this time we can't just like a lot of people in the downtown area cannot apply more parking. I see some on the list that are asking for variances that don't have any room for off road parking. Yes it has been successful, we have tried to be very cautious of our neighbors and are trying to be careful. One of the things I would propose that the City could help with is if they would actually put lines on Main street, on East 1 st street and actual{y say there is parking there. We have many and many that don't think they can park in those bulbs especially when they are coming from other out of town areas. And then they witl park and take up 3 good parking spots because there is no actual line. I am very, I say this over and over it needs to be actual lines to say that is parking instead of just a little white (ine that you can't see especially. ~ Meridian City Council November 15, 1994 Page 15 u I would propose, that would really help for the street parking. We are trying to, if we do expand we wou{d not expand without being able to have ample parking later on. Kingsford: Thank you Tami. Lila Hill, 5175 Howry Lane, was sworn by the City Attorney. Hill: I own the property at 51 East Carlton which adjoins the Shoemaker's property. It is true, Tami has talked to me about the purchasing of my property and as long as my son Boyd is living there it is not for sale. So it eventually will be because I think someday Boyd will move from there. But as to the tree, if there was a way to fix it so that tree could be saved because that is a really specia! tree. It is the only tree of its type in the area, if it could be fixed so that now that the parking is on a angle that there c~ould be even one more place befinreen it and my property which would give that additional parking place and that might be looked into but 1 think there are ways of working around just so that there would be enough left that you get water to the roots of that tree. Because if the tree was there when I purchased that property almost 40 years, it was a growing tree at that time and it is a magn~cent tree now ar~d I would certainly hate to see it destroyed. But I think there might be ways of making parking around since they have gone to the angle instead of the straight which might make a dip in for the tree and room for another parking space. Their atley of course is narrow but so is Carlton Street, you have to really careful backing out of our property onto Carlton because if there is someone parked behind you there is not quite enough room. It is one of the narrower streets but 1 certainly, if there is anyway to save that tree let's try to do it. Kingsford: Anyone else from the public that would like to offer testimony on #his? Roen Wilson, 1567 Lesiie Way, was sworn by the City Attorney. Wilson: I cannot address the tree because 1 have not noticed the tree and t appreciate trees too. But I am concemed about the parking situation there and I have observed that when people come to the Cottage Expressions shop they usually stay quit a lor~g time because they are eating there. 1 have seen cars there for an hour and a half. I don't know how many people they can serve but figure it out for yourself. Even if they had 8 or 9 parkin9 spofs that still being there that long a period of time causes a lot of congestion and they are parking way up 1 st Street even on the other side of 1 st Street and on Carlton both ways. So I think that it is a reaJ problem and I think it is going to be a bigger problem if off street parking isn't reaily careful addressed. Thank you Kingsford: Thank you (End of Tape) Counselor, how does that, need to have findings on a variance? ~ Meridian City Council November 15, 1994 Page 16 Crookston: Yes we do. ~ Kingsford: It is appropriate to direc# the Attorney to prepare those. Morrow: So moved Yerrington: Seeond Kingsford: Moved by Wa1t, second by Max to have the City Attorney prepare findings of fact and conclusions of law on the request for a variance on parking by the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, could l ask a couple questions on this one. Mr. and Mrs. Shoemaker, on the garage, it says existing car port and pa#io to be enclosed, are you intending on using that as part of the restaurant patio is there anyway you can work something out that the garage area can be made into a parking acea? (Inaudible) Corrie: It is already enclosed you can't tear the garage down? (Inaudible) Corrie: Is that green garage part of yours? (Inaudible) Corrie: It is a shed, I was wondering if there is anyway that can come down and be an extra parking for you? (tnaudible) Corrie: How many people do you serve at a time. (Inaudible) Kingsford: Those findings will be approved at the next meeting. Anytime you deal with a land use change under the Land Use Planning Act you have to have findings of fact and eonclusions of law to take into account that testimony that was given and so forth and • • Meridian City Council November 15, 1994 Page 17 weight that against what the law is and our zoning ordinance and so forth and then make a decision based on that. So, what happens is Wayne will call each of the Councilmen and take their view as to what took place at the public hearing and examine that against the ordinances and see how that measure and make that a public finding. That is another way of saying it is avoiding the legal hassle of being sued and those sorts of things. Is that reasonably appropriate Counselor? Crookston: I will generally agree with your comment. Shoemaker: Because of this off road variance we have given temporary occupancy of the new addi#ion, what does this do for our occupancy? Kingsford: Well, I would assume that your temporary occupancy is based on this variance being granted and so that will be in effect until such time the Council makes a ruling. ITEM #9: PUBLI~ HEARING: VARIANCE REQUEST BY JOSEPH AND MARY daROSA: Kingsford: At this time I will open that public hearing and invite them or their repres+entatives to speak first. Is there anyone from the public that would like to offer testimony on this issue? Julie Grapatin, 137 East Pine, was sworn by the City Attorney. Grapatin: S+nce they are not here does that mean nothing happens? I live right across the street and I am cancerned about parking also. Kingsford: It doesn'f inean that nothing will happen, this has been noticed and the public has an opportunity to give input this evening and this is the one public hearing that they get a chance to do that. Take whatever shot you would like. Grapatin: Since the beauty school moved in across the street from us, we don't have a chance to park in front of our house anymore or around our house. In fact I can't get in my driveway some days to get to my garage. lf another business across the street is going to #ake more parking I just wonder what is going to happen there at Pine and 2nd. There is a lot of business and a lot of cars, there is not much room left. That was my only comment. Kingsford: Any questions the Council may have. Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none t will close that pubGc hearing. We need to have findings prepared. Walt, did you have a comment? i • Meridian City Council November 15, 1994 Page 18 Morrow: Well, I have a comment, I think I would prefer to see the public hearing continued until our next so that the daRosa's or their representative can make a presentation and address some of the parking concerns and review with us what their thoughts are as oppased to preparing findings without any presentation by them. That would be my comment. Corrie: Mr. Mayor, 1 am a little confused, is this going #o be a professional office or a retail space or the possibility of retail. I don't know either I think I agree with Walt and I would like to have a few questions of them. I am rn agreement, if he wants to make a motion 1 will second that. Kingsford: Was there a motion? Morrow: I will make that a motion. Corrie: Second Kingsford: Shari, jog my memory what was the conditional use they have over there for it now? Stiles: Profiessional office, I might not have communicated to them or they didn't get a no#ice to be here tonight. 1 think they felt it was more a formality of the conditional use had been approved, but I am sure they will be here next time. Kingsford: In discussions with them did they have any altematives in terms of parking? Stiles: They really don't, they don't have any place on the site that they could have off street parking. Corrie: We are lookEng at 6 spaces that is professional, is that correct? Kingsford: It would depend on the size of their building, that is not as large a building I don't believe. Do you have the square footage? (Inaudible) Kingsford: We have a motion and a second to continue the pubtic hearing until the next meeting, all those in favor? Opposed? MOTtON CARRIED: All Yea ~ ~ Meridian City Council November 15, 1994 Page 19 ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR WEST ONE BANK: Kingsford: At this time I will open the public hearing and invite the Bank or their representatives to speak first. Scott Wendell, 1221 Shoreline Drive, Boise, was sworn by the City Attorney. Wendell: We are basically asking for a conditional use for the drive through at the rear of the bank. I am here to answer any kind of questions you have. Kingsford: For the record, our ordinance requires a conditional use for any drive through whether it be a fast food or a bank whatever, so #hat is the purpose. Any questions of the Council. Anyone else from the public that would like to offer testimony on this issue, a conditional use permit for a drive through window for Cherry Lane West One Bank? Seeing none I will close the public hearing. Council members. Morrow: I would move that we instruct the City Attorney to prepare findings of facts and conclusions of law. Crookston: They have been prepared Kingsford: You have those and there is certainay no new items, from P& Z and they should be in your packet. I would entertain a motion to approve those findings. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as prepared for P& Z for the conditional use for West One Bank, roll call vote. ROIL CALL VOTE: Morrow - Yea, Corrie - Yea, Yerrington - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kings#ord: Next item then is #o approve of the conditional use permit. 7olsma: So moved Yerrington: Second ~ • Meridian City Counci! November 15, 1994 Page 20 Kingsford: Moved by Ron, second by Max to approve of the conditional use permit for West One Bank, all those in favor? Opposed? MOTfON CARRIED: A11 Yea 1TEM #11: PUBLIC HEARING: REQUEST FOR REZONE BY TREASURE VALLEY WORSHIP CENTER: Kingsford: At this time I wilt open that public hearing and invite the owner or his representative to speak first. Gordon Slyter, 2162 East Katelyn Drive, was sworn by the City Attorney. Slyter: Mr. Mayor and City Council, I am the pastor of Treasure Valley Worship Center, our official name is the Meridian Four Square Church and we are part of the National Denomination known as the International Church of the Four Square Gospel. Our desire here in M~ridian is to make a positive contribution to the Community and to the City. ln April of 1992 we began renting space in Chief Joseph Elementary School for Sunday services, this year we entered into a purchase agreement for the 2 parcels of ground ident~ed in our request which is before you. We are requesting both a rezone from R-4 to L-O and that is necessary for the construction of the church. And we are requesting a conditional use permit for the purpose of operating a day care and pre-school in the same facilities. Our intention is to build a church building, provide on site parking and to have a playground, these would be used for both the church and the day care and pre-school. The pre-school would be open to families in the community not restricted to member of our own congregation. I believe that these proposed uses are ideally suited to #hese parcels of graund both the location and the type of use wilt serve as a good buffer between the adjoining residential subdivisions and the corridor of entrance into Meridian Road. We will do our best to be a quiet neighbor and wilf not generate significant increase in traffic other than on Sundays. V1Je will fully comply with a{I Meridian City ordinances and with the qualifications which are included in the comments before you from the various city and county agencies in their prior review of our request. I can address any of those specific comments that you would like at your pleasure. In conclusions let me just say, there is one other thing, at the planning and zoning public hearing in September one homeowner did testify against our request. I thought it would be prudent to make friends with that person so afterwards 1 spoke with him and asked him why he was testifying against our proposed use. And 1 was pleased to find that he was not opposed to our proposed use at all, in fact he hoped we wauld do that. He was worried that we would be successful in getting the rezone and for some unknown reason pull out. I told him as I would say to you I can't guarantee the future but it is our intention with your approval to begin construction in the spring. We do have cash reserves on hand and we do have the backing of our natianal • • Meridian City Council November 15, 1994 Page 21 denomination. We do fully intend to proceed further after what we hope will be approval here. So in closing we do want to make a positive and beneficial contribution to our community and to the City of Meridian. Thank you. Kingsford: Thank you, any questions? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. You have findings. Morrow: Mr. Mayor 1 would move that we adopt the findings of fact and conciusions of law as prepared for Planning and Zoning. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as prepared for P& Z on the Treasure Valley Worship Center, roll call vote. ROLL CALL VOTE: Tolsma - Yea, Corrie - Yea, Yerrington - Yea, Morrow - Yea MOTION CARRIED: AU Yea Kingsford: Entertain a motion to have the Cifiy Attorney prepare an ordinance on the rezone. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney prepare an ordinance on the rezone, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor, then it would be appropriate to act on the conditional use permit at the time we adopt the ordinance. So we would do tMat now. Crookston: It would be best to do it after the rezone. NCingsford: Excuse, I am jumping ahead we have a separate public hearing with regard to the Conditional use permit. ITEM #12: PUBLIC HEARING: REQUEST FOR AN ~ONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER: • Meridian City Council November 15, 1994 Page 22 ~ Kingsford: At this time I will open the public and invite, Reverend would you like to say anything more or anyone else from the public that would like to comment on the conditional use permit for a day care. Seeing none 1 will close that public hearing. We have findings on that? Crookston: They are the same findings. Kingsford: So we would address the Conditional use permit when we have the zoning ordinance at the next meeting. Crookston: You should adopt the findings as they pertain to the conditional use. Morrow: So moved Corrie: Second Kingsford: Its been moved and seconded to approve the findings of fact and conclusions of law on the conditional use permit, roll call vote. ROLL CALL V07E: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRiED: All Yea Kingsford: We will have that all at the same time at the next Council meeting which will be December 6. ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAYNE INDUSTRIAL PARK BY LAYNE OF IDAHO: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: The application before you this evening is a preliminary plat for Layne Industrial Park Subdivision. It is located on Locust Grove Road about 1/4 mile north of Franklin, north of the existing Locust Grove tndustrial Park. There are 18 lots planned on 30 acres, a density of about 1.5 lots per acre in an existing 1-L zone which is Light Industrial. The minimum building lot size shown on the preliminary plat is about 40,000 square feet. the structures and the uses for the site will comply with the I-L zoning ordinance and requirements of the city zoning ordinance. Afl the facilities will be constructed to pubiic • Meridian City Councii November 15, 1994 Page 23 ~ standard5 for ACHD streets, the sewer and water wili be extensions of existing water and sewer facilities that are currently located on Locust Grove Road. There will be a stub street planned in this development to the north to access properties adjacent to this parcel. in the existing irrigation ditches within the development wiil be tiled and they are required to be maintained. All utilities will be provided for these facilities. We had addressed some comments that were made by the City Engineer Gary Smith and the City Planner Shari Stiles and responded with a revised preliminary plat on a few of their comments which should be in your packet tonight. If you have any questions I would be glad to entertain those at this time. Morrow: I have a couple of questions, this project is put together with covenants and restrictions detailing Light Industrial uses and landscaping requirements and those types of things? Lee: Yes Morrow: And the other thing is the applicant is aware that Locust Grove Road is to be relocated in the future and that it is unlikely that there will be a rail crossing adjacent at this point. Lee: Yes that was made known to us at the AGHD review. Kingsford: Any other questions for Mr. Lee? My comment there, you need to change, it is not going to be a co-generating 1 undecstand and you have that marked on the plat. Lee: Oh really. Corrie: 1 have some questions, it went my me a little fast, your covenants on Light Industrial how are you going to have that written up. Since we don't have, our ordinance doesn't address this propecly how is this going to be done? Morrow: I would suspect that with any subdivision that in the interest of making the subdivision and the rezone workable for the city to get a good well done subdivision that it is in their best interest and our best interest to have covenants and restrictions and architectural ceviews that go with each parcel of property. Such as most industrial, ~ommercial and residential subdivisions are done. Corrie: Which are we going to use as light industrial, the definition that we have in the ordinance. Morrow: In terms of? • Meridian City Council November 15, 1994 Page 24 CJ Corrie: Well, as you well know, our ordinance doesn't, has a problem, Light Industrial we just have industrial we have tight, we have it defined but we don't have it straightened out yet. Morrow: Well, we have it defined but the covenants and restrictions in terms of what we are discussing here with Mr. Lee would be with respect to building size or building style with respect to they migh# as a subdivision require 10% of the land area of 5°~ of the land area to be landscaped. They may wish to have no metal buildings, or if they are going to have metal buildings they may wish to have some sort of block or stone architecture o the front of them to break them up to make them look more attractive. We can't as a Council require certain architectural looks but they certainly can in their CC&R's with respect to the subdivision. And those would be the things that I am addressing our current zoning and development ordinances list the acceptable uses in a light industrial zone. And some of them are permitt~d and some of them are conditional use. The one that we worked on as a committee has not yet been adapted. So, their CC&R's can reflect those uses that are currently available or they can reflect the ones that are to be adopted. Tolsma: (Inaudible) Lee: Are there some sta~dards that the City would like to see in these CC&R's. I know the Attorney will review them, but what specifically will they be looking for? Corrie: I think he is aware of what we are ~ooking at too so that would be satisfactory with me. Kingsford: Gary, I would ask you to get with Shari and look at some of those things in terms of how it applies in our comprehensive plan as well. Corrie: Thank you Walt. Kingsford: Thank you Mr. Lee, anyone else from the public that would like to offer testimony on the preliminary plat for Layne Industrial Park? Seeing none 1 will close that public hearing. Council members. Carrie: Mr. Mayor, I have a question I guess, it may be a little premature here for Shari, bu# number 1 of you comments pressurized irrigation needs to be provided to the subdivision according to the subdivision ordinance. We will have a variance I understand coming next time to address then. Stiles: Yes, they have applied for a variance. ~ • Meridian City Council November 15, 1994 Page 25 Corrie: Thank you Mr. Mayor. Kingsford: Any other questions of staff? Tolsma: (Inaudible) dead end subdivision, are we going to require a turn around at the end of this thing until such time as it is developed at the fiarthes# east street that goes north? (Discussion Inaudible) Kingsford: Any other, I would assume that there will be another turn around on that north one too. Any other questions of staff Council? What is your pleasure? Morrow: Mr. Mayor, I would r~ove that we approve the preliminary plat subject to staff conditions and acceptable CC&R's prior to the final plat. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the preliminary plat for Layne Industrial Park conditioned upon staff approval and approval of CC&R's submission and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC H~ARING: REQUEST FOR ANNEXATION AND ZONtNG WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attomey. Merkle: Mr. Mayor and members of the Council, I am here this evening on behalf of the applicant Raven Hilt Partnership. This application is for annexation and R-4 zoning of approximately 19.6 acres of ground with 63 single family lots. It results in a density of about 3.2 lots per acre. The project is located on the east side of Locust Grove approximately 1/2 mile sou#h of Overland. The applicant is proposing single family homes sizes with minimum square footage of 1500 square feet. If I can hold this up, Locust Grove Road is right here, Ov~rland is up this way. Access to the subdivision will be from Locust Grove Road with one main access off of Locust Grove and it will tie into the Los Alamitos subdivision and Sundance Su~ivision to the east. The streets within the subdivision will • Meridian City Couneil November 15, 1994 Page 26 ~ be constructed and approved with the Ada County Highway District Standards and the City of Meridian's typical 5 foot sidewalks requirements. Sewer and water will be e~ctended from existing City facilities, the sewer and water both in Locust Grove will be brought into the property. The sewer brought into the property will only service this 20 acres to the south, it services out this waK into the east and services up to the north. The water will also be brought in from Locust Grove and will be tied into those 2 subdivision to the east and to the south. The applicant is proposing pressurized irrigation which will probably be maintained by the Nampa Meridian Irrigation District as is what we are trying to get into now. Regarding the City Engineers and Shari's comments, I have presented them with a written response to each of their concerns. Basically there are a couple that I would like to address here. One of Gary's is the floodplain or floodway on Nine Mile Drain, according to my latest FEMA map there is no designated floodway or floodplain that extends out into the property it is basically within the banks of the drain. However, the crossing that we will be constructing wili be sufficient to pass a 100 year design flow through that culvert which I believe was done down here or will be done to the south. There was one other one, Shari's comment #4 regarding a buffer on the north side of the project. This is the Rim Subdivision, Charolais Drive comes in about here, comes down and these are al1 one acre lots to the north of us. There is about 4 lots I believe along our frontage. The existing homes in the lots are basically up here along Charolais Drive antl each of those has 100 to 120 feet of pasture or basical{y open space between those residences and the property line betw~en the 2. Also there is a substantiat grove of trees in through here which we will have to provide perimeter fencing and backyard utilities however, the owner has indicated to me that he is going to try and say everyone of those he possibly can and the fact that he has to put a fienae in so we may have a few problems. But the majority of the trees will stay. So in our opinion there is a sufficient buffer between the existing homes up here on Charolais Drive and the subdivision here. One other comment Gary had was this particular flag piece of ground, originally i# was 2 pieces of ground split down this piece and this piece. And this was the old access, there used to be a crossing here that provided access into this area. We are platting it as a separate lot and it will be in the ownership and maintenance responsibility of the developer. Basically what his intentions wili be to do is eventually get rid of it to somebody here and he will get rid of the crossing. It will be just a vacant piece of ground but it is another one of thase pieces that at this point in time there is nothing to do with it. Other than it is a part of the overall parcel. Kingsford: Any questions for Jim? Morrow: Can you review closer again Jim with the dividing of your project and the acre lots to the north. (Inaudible) screening of the fence, would you elaborate on that a little bit please. Merkle: In what regards? • Meridian City Council November 15, 1994 Page 27 • Morrow: Well, if 1 understood you correctly there is basically a row of trees now, who's property is that row of trees on? Merkte: The row of trees is basically one the applicant's property on the south side. I have some photos here, if 1 can show them. (lnaudible) Morrow: And then this on the other this is where the acre lots are. Merkle: (Inaudible) Morrow: You are making provisions to notify the buyers of these residential tots of the agricultural usage there, the righ#s that those people have that precede. Merkle: That is correct, we have done that in the past in covenants and I am sure we can do that on the face of the plat, we can make sure it is in the covenants to address that. Morrow: There are no guarantees then to us as a city that any of those trees will be saved and subject to his perimeter fencing issue. Merkle: Mr. Morrow, off the top of my head, yes what you are saying is true other than the fact that I don't know if you can put a restrictive covenants on any of those lots to save the trees, the trees are a finite life span, what do you do when they die. All I know is his intentions and we have after the last planning and zoning meeting we went out and staked the property line and met with one or 2 of the property owners that attended that meeting and were concemed with it. And basically pointed out where the utilities would, the fences would go the trees that may or may not be gone but his intention is to save most of them. Morrow: And this separa#ion fence is to be constructed of? Merkle: Well, it is the perimeter fencing required by the city which I would imagine would be a 6 foot wooden fence. Morrow: Question, in the past on agricultural deats have we not required something that was non-burnable from the standpoint that those people burn (inaudible). Kingsford: That has been the case particularly out in that area where it has either been wrought iron or chain link. Merkle: The existing fences along there are rounded pole wood fences, I'm not sure there is a ditch there, but I do understand your point. • Meridian City Council November 15, 1994 Page 28 • Kingsford: I think that is something again that if those acre lot people are satisfied with their round pole fence we just want to be sensitive to their needs. Jim, you indicated that you had submitted a letter to both Gary and Shari addressing their things, we would like to have a copy of that if we could for the pubtic record. And tikewise those pictures if we could for the record, they will be returned back to you. Merkle: I was under the impression you already had these, I submitted them at the Planning and Zoning and ! only brought one copy. So if you can run Xeroxes. Kingsford: Again those things come to Will and then they get dispersed. Vtlhen you give stuff to Gary he files it #or Gary and when you give stuff to Shari she files, no one else sees it. Merkle: Understood. Kingsford: Any other questions for Mr. Merkle, thank you Jim. Anyone else from the public that would like to offer testimony on this issue? Jerry Frank, 2310 South Locust Grove, was sworn by the City Attorney. Frank: I live on South Locust Grove, this right here is the (inaudible) to my property right here (inaudible). I have a couple issues regarding that, these improvements that come down along this s#reet, there is an existing underground irrigation, a gravity flow that comes along down and goes through here. When they improved this street, I just want to make sure that everything is taken into consideration to make sure that the irrigation line is going to operable and it is going to be intact. That this will now have heavier traffic across this gravel road and that the crossing will have the adequate the size thickness of the wall of pipe to make sure it doesn't crush. Also, the sewer line in this area, as it comes down here along Nine Mile ditch is the fowest point. t was wondering is there going to be any easements in here for me to, if I care to in the future want to develop my property be able to tie onto that sewer line. To where we start thinking in the future here. At this point here, we are starting to get a bunch of subdivisions off of South Locust Grove, you have Sportsman Pointe coming in here, this is coming in there, we have Salmon Rapids and then there is Sagehen, right naw this is a 50 mile an hour zone and with all of these streets dumping in I feel it is going to start becoming a hazard as far as the speed limit. If you could, 1 don't' know who talks to ACHD or whatever. Kingsford: We will take care of that, that is a good point. Frank: And then also, if a street light is going to be necessary for onto a major thoroughfare, whether or not that is going to be warranted. Along here, making sure, • Meridian City Council November 15, 1994 Page 29 • because all of these subdivi5ions are going in and they are doing a great job. They are doing real nice landscape, berming, fencing, it is really an upscale type of development and I just want to make sure that this berming and landscape and fencing all kind of matches and blends with the same (inaudible) we continue to have nice surroundings in that area. And also, the grades, I have no idea what grades are going to be here, I believe it is an ordinanae to have from Lot 2, 3, and 4 that they have to drain out into the street this is kicked up about 4 or 5 feet above my property how is that going to be addressed against my property. Those issues are just concerns of mine. I am glad to see the development has come in and 1 just want to see that they are thought through thoroughly. Kingsford: Do you take irrigation water out of that buried ditch now, or are you just concerned about making sure that it isn't interrupted through there. Frank: Right now I do take irrigation water out of there for my (inaudible). Kingsford: So there would need to be a s#ructure built to facilitate that? Ftank: Right naw this is an open ditch and I believe it is going to stay on Howard's land, my next door neighbor. He, from what I understand, hopeful, is wha# is addressed that it just remains ar~ open ditch and its more concerned across the street so it doesn't get crushed so I lose my irrigation water. Kingsford: Your question with regard to the sewer, I assume since you own property through from Locust Grove to the ditch that you would have access to that sewer fane. Frank: (Inaudible) that I can in the future tie onto it and then if there is an easement (inaudible). Kingsford: I would suggest that you check with Mr. Merkle or Mr. Smith ad find out what those elevations are. Tolsma: (Inaudible) 250 watt high pressure sodium light at the entrance of the subdivision. Fran4c: It is just more of a safety issue, I hate to call 911. Kingsford: But if you do call them you would like them to show up. Anyone else from the pubiic that would like to offer testimony on this issue. George Cushing, 2230 Soutk~ Locust Grove, was sworn by the City Attomey. Cushing: I just want to elaborate on this a little bit (inaudible). On the South side of the • Meridian City Counci! November 15, 1994 Page 30 • property that they are tafking about that is where we have that tile from the main ditch down (inaudible) it goes on a built up area. When they go putting their ditch down there we want to know how it is going to be tied in with their proposed irrigating for their ground because the way this is drawn their lots are backed right up to that and I am sure that they are going to be right over our pipe so we want to know what is going to be involved with that. Kingsford: Certainly, given our past history I would like to make sure that Mr. Merkle you have a meeting with these folks and everybody is clear on where that is. Cushing: And what little problems I h~ve ever had with irrigating you have a bunch of houses around here (inaudibie) pipes like we have now (inaudibie). Kingsford: I can appreciate that 1 have had the same problem. Anyone else from the public that would like to offer testimony on tMis issue? Seeing none I will close that public hearing. Three items on the agenda there, annexation, zoning and a preliminary plat. The appropriate thing there is to draw an ordinance and deal with the preliminary plat after, is that correct Counselor'? Crookston: Yes, but the findings need to be approved. The 2 peopte that test~ed tonight did not testify at Planning and Zoning. Kingsford: Was there comments similar to those? Crookston: They were very much different because the comments at the public hearing at P& Z basically pertained to the trees that separate the property. Morrow: Mr. Mayor, I would move to instruct the City Attomey to prepare findings of fact and conclusions. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare new ~ndings of fact and conclusions of law on the request for annexation and zoning and preliminary plat for Raven Hill Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, for Shari I would like to meet with you afterwards sometime before the next meeting to get your idea of what your opinion is on that buffering. Jim thought it was adequate and I was questioning whether you felt it was. So 1 would like to visit with you G Meridian City Council November 15, 1994 Page 32 ~ Smith: Mr. Mayor I know we have had this discussion on every subdivision and I think that Shari's attitude has been that the bfodc length is a 1000 foot requirement along the exterior boundary of the subdivision by ordinance that it is a block. That a block is defined by intersecting streets. Kingsford: Well, then I am suggesting that we have one to the south mid-way through that. Doesn't that constitute a break up of that block length? Srnith: 1 think it is the block that is in question would be the block contiguous to the exterior boundary of the subdivision which would be 1 guess a block in my thoughts would be a 2 tiered layer of lots that would compose a block and what you are looking at on the exterior boundary is one half of the depth of a btodc. If a subdivision developed to the noRh of this or to the east of this project that the adjacent lots that would abut the boundary of this subdivision would then form the other half of the block depth. And the length of the block then would be the 1000 feet befinreen the intersecting roads. Kingsford: I think what Mr. Merkle is suggesting is that isn't going to happen on that side. Smith: Right, that is what (inaudible). Kingsford: There is no way you are going to have a 2 tiered. Smith: Right Kingsford: Thank you, that helped me a lot, I guess we will wait until the next meeting and talk about it again. Any questions of Mr. Merkle by the Council? Morrow: I have a question, I have seen a presentation basically for the 320 acres that surrounds this property and has there been any coordination by you with those folk with respect to the tie ins for your stub streets? Merkle: Mr. Morrow, no, there has not. This project has been through the process of the City and has preliminary plat approval and annexation and they have not come to me nor have I gone to them. I was not even aware that piece abutted up to this. Morrow: Jim, I can't teil you that it abuts up to it entirely, 1 know that the 320 acres is a consortium of various land owners putting together the project in order for it, or at least thinking about putting the project together as one major project. Merkle: Who is the applicant? C~ Meridian Ci#y Council November 15, 1994 Page 31 on that one. • ITEM #PUBLIC HEARING: VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VtJYA LAXMi, INC.: Kingsford: I probably erred gentlemen on the public hearing, it was noticed we had probably better take testimony on item #15 if I haven't already chased people off. I fowled up, it has been noticed it would be appropriate at this point to have a public hearing. At this time I will open the public hearing and invite tes#imony. I had stated at the beginning of the meeting (inaudible). I had said the wrong one I put 15 instead of 16 was the problem. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: The Hartford Suixtivision located the northeast, it is a 20 acre parcel, located on the northeast comer of Ustick and Ten Mile Road. Here is Ten Mile Road and Ustick and the treatment plant is up here. It is a 60 lot subdivision which has been annexed and preiiminary plat approval has been given by the City of Meridian. The variance request here before you this evening is basically allow a block length in excess of 1000 feet which is basically along the north property line. It is a 1/4 mile 1320 by 660 and this basically is in excess of 1000. The reason being when we went through the preliminary plat process by the highway district and the city to the north of us is the Five Mile Creek right through here, the Creason lateral, here is the north boundary of our subdivision. The purple here is the floodplain limits of the Five Mile Creek. (End of Tape) The property to the north, this is Ray Wilder's property here, is under one ownership and extends up from Wilder's up to the north and it includes both the 100 foot easement #or the drain and I'm not 1 think 60 to 70 feet for the Creason lateral. Basically we didn't feel the need to stub a street to the north in this location. Our entrance comes right here and we are tying into the east euentually. It basically leaves a sliver of ground in here probably after you take out the easement probably only 40 or 50 or 60 feet and it gets up to 80. And basically this piece of here could be deveiopable (inaudible) access off of Ten Mile Road into a single culdesac there. I am not sure and i am no# involved in this property, I am not sure they would extend this across to develop some ground that is basically not worth anything under the single family developable piece. That leaves us without a stub street to the north and that is the reason for the variance request. Kingsford: Can 1 look a# the plat side again please? Mr. Smith, didn't we finally arrive at, it didn't have to be the exterior perimeter block length that it was, since that street goes to the south mid way that constitutes a block. We have been this road a lot times I know, what is your opinion of this, I am sitting here thinking we don't need a variance. ~ , Meridian City Council November 15, 1994 Page 33 Morrow: It is coming through Tealy's Land surveying and so my though# was that maybe we don't back ourselves into a corner here in terms of talking about block length and no access #o the north since we don't know whether they are looking at an access at the north or not. ! throw that out. Merkle: Hot having seen their layout or talking to them, it seems to me that it wouldn't serve a purpose for these folks. Morrow: 1 am asking a question, I am asking you if (inaudible) coordinate at all. Kingsford: Ron makes a good point with regard to that block length and what you can do if he is correct, we just approved Layne of Idaho with roughly 2000 feet on the south side of that that abuts the railroad tracks. If in fact you can't access the north of that they are virtually the same thing. I don't know if we can get there from here. I guess the thing is you can approve a variance if that is yaur desire and then that covers either way. 1 think what mayt~ Walt is saying though that prior to approving the ~nal plat we would certainly like to see you or I would, I think I am hearing Walt say that, coordinate that with Tealey and see what the plans are and maybe it woufd be appropriate to adjust the north lots to maybe where you have access into the north if they desire to go across that ditch. 1 suspect you are probably right Jim, but it would be a good idea to coordinate. Merkle: I am not going to 5ay 100% but there are 2 reasons we deferred the final piat one was the sewer to the east issue and the other was this issue. Because final plat approval with no variance means nothing. It would be recommendation that I believe the variance requires findings if we can move on with that process just in case that is the desire of the cou~cil to approve it, so I am not backed out another month or 3 weeks or whatever it is. You understand what I am saying. Kingsford: What is the Council's pleasure? 1 guess, that is an issue, first off we have to require a variance if we do and I guess we already have. I think we need to have findings. Is there anyone else from the public that would like to offer testimony on this issue? John Schafer, 2788 West Ustick Road, was sworn by the City Attorney. Schafer: I am totally cor~fused. As I stated at past meetings and through hearings I would request the public ac,cess come off of Ten Mife Road into this subdivision. I don't know if that would help the situation with the block length or not with that situation. With the increased traffic on Ustick Road and the additional 60 houses plus Candlelight across the street I think there could be a potential traffic problem in and out of the subdivision with the 2 roads direc#ly across from each other and the distance from the corner. Maybe this is a mute point at this time but I just thought I would bring that up again, it might be an • ~ Meridian City Council November 15, 1994 Page 34 alternative to the block length also. Kingsford: Would you expand please on the road that you are saying to the east? Schafer: I'm sorry to the west, Ten Mile. Kingsford: Any questions? Schafer: It does leave just one access in and out of the subdivision through the south. Corrie: I am trying to remember there was some reason, somebody didn't want an entrance off of Ten Mile was that Ada County was it fheir recommendation (inaudible}. 1 dor~'t like one way in and out ei#her, do you remember (inaudible). Schafer: (Inaudible) never heard the reason it was brought (inaudible) Tolsma: (Inaudible) until such time that this opens up over here. Kingsford: What was your logic, Mr. Merkle, if I could ask you, what was your logic in not having access onto Ten Mile. Merkle: Let me recall, when we did the original layout, let me back up, he made the comment about this tying into the street across the stree# that is a requirement of the highway district. The proximity to the intersection that is a requirement of the highway district. We just felt that one access into the subdivision, basically we have a divided access, we have emergency access here, there is basically no need for secondary access into the subdivision. Mr. Wilcler's house is still here it will continue to get access off of Ten Mile Road which basically the drive way to the house is pointed that direction. The sewer does need to eome out there, if we punch the road through he will lose a lot in there that is another reason why. And then one entrance is very sufficient for 60 lots and we have a secondary emergency access. So in our opinion there was no need for it. Kingsford: any other questions? Schafer: Comment with the one entrance in and out of the subdivision, that may be the case but with the reasonable location to Ten Mile and the easy access in and out of Ten Mile to the subdivision I think that could be an additional ease onto Ustick Road from other subdivisions that develop down the line. It would be just one additional altemative in and out of the subdivision to eliminate the full amoun# of cars out of that subdivision onto Ustick Road. It was just an altemative. ~ Meridian City Councii November 15, 1994 Page 35 • Kingsford: Any quesfiions the Council might have? Thank you. Anyone else from the public that would like to offer testimony on this issue? At this time I will close the public hearing, Council members now you can have those findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have findings of fact and conclusions of law prepared for the variance request by HartFord Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Item 16 was the one to be tabled, we accomplished that. ITEM #17: DISCUSSION CONCERNING THE DEVELOPMENT AGREEMENT FOR ENGLEWOOD CREEK SUBDIVISION: Kingsford: Shari, do you propose to lead that discussion on the Englewood Development Agreement. Stiles: I think they have a representative. Jewell: f am representing the developer, I don't know whether ! want to lead this discussion or not. Firs# of all did everybody get a copy of the letter explaining what the purpose is for our request #o make some changes? Kingsford: Do you all have a copy of Wayne's comments on that? Morrow: We had 2 letters in our packet, apparently one is the original and the one with the comments on the left hand side those are Wayne's comments. Kingsford: When did you do those the letter is dated April 21 st. When did you do those notes? Crookston: I think that I did those on the 10th. (Discussion Inaudible) Kingsford: Did you get those comments Mr. Jewell? • • Meridian City Council November 15, 1994 Page 36 Jeweii: 1 got some comments. Kingsford: These made on (inaudible) these notes over here, these are Wayne's. Apparently I didn't even get a copy of these, or they are on my desk. Jewel{: I wiil try to go through this real quickly, I don't want to spend a lot of time on anything that nobody has concem about. However, if Wayne has already commented on these, the particul~r letter that you just showed my then you can bring them up at that time, wouid that work out. First I gu~ss my problem is I guess I don't totally understand what the purpose of the development agreement was for. Going through it I had a coupte of major problems with it. The first problem being that the City wants us to include or state that we will put in all improvements no matter what the situation is for the development. And then you are asking to come back and to secure the property to ensure that we do all this work. And if we do not then you will do the work and then back charge us for it. And this includes all the way, fencing, landscaping, berms and everything else. My contention is that if let's say we sign the agresment and everything goes huncky dory and all of the sudden interest rates jump up 5 or 10°~ which they have done in the past there is no way I wouid go in and develop that subdivision and spend money today. Maybe down the road 2 or 3 years or whenever the time was right, but I wouldn't do it today and I would take the City to court almost instantly if they told me I had to go in there and develop. Basically that is what this agreement is asking, that is what 1 have to say, 1 object to it. And if you approve a development for a particular piece of property and for some reason or another let's say the market and interest are good and I just don't want to build it, I change my mind, how can the City make me go in and put in streets, curbs, gutters, sidewalks and lights and everything else if 1 don't elect to. It is my property and it is private property, even though the City has approved development based on certain requirements and those requirements are if I develop. Kingsford: And that is what the development agreement is saying, if you develop you have to meet those standards. If you develop and don'# do that then we do and charge you. Jewell: Yes, but you won't give me a certificate of bccupancy though or won't sign off on the subdivision or approve the inspections until that work is done anyway. 1 guess that is why I don't understand what the agreement is for it is redundant or it appears redundant to me. Because you have ordinances that are already in place to ensure that. Kingsford: Would you address that Counselor? Crookston: There are situations that the City may want to see it completed, Richard has commented on these items with me. There are certainly is some truth as to what he says the developer may not want to do it, he raised the question there requirements in there, • • Meridian City Council November 15, 1994 Page 37 there are 2 kinds of requirements that pertain one when we are dealing with health, safety and welfare matters that need to be done and then his comment to me was #here are other things that do not fall intd those categories that do not need to be done. His comment to me was we11 the roads fall into an area where that isn't a health, safety issue. We11 that be if you have to have access to a certain area with emergency vehicles and that is the only way you can get there. Jewell: If the property is developed, in other words if you sell lots than yes. But if you don't sell lots, there are no houses then there is no purpose. Crookston: I don't' know how this ties in with any other subdivision but it could be that it may be the quickest access through your subdivision to another subdivision to another house. Jeweil: If you want me to comment on that? Crookston: Certainly. Jewell: Okay, if I have a bare piece of property there though that has not been before the City to be approved or anything you can go across the field that would be the shortest dis#ance also. We are talking about this agreement has got to be talking about properties that are up for sale to private individuals. Up to that point I should be ab~e to do just about anything 1 want with that property as long as 1 don't infringe on other people or other properties rights. Now, even though you have approved the development 1 should have a reasonable amount of time to develop the property. Let's say it is one year, like the preliminary ptat, 1 have one year to come before the City again with a final plat. If I don't' ! have to resubmit. Well, to me if I don't develop it in that one year then okay no matter what I do I am going to have to conform to the City codes at the date that I develop it. Ten years 1 am going to have to abide by the city requirements and codes 10 years from now not what they are today. And for an emergency vehicle to get across country to a particular place may be the quickest if that development was developed. However, if it wasn't' developed yet, what yau do drive across the field, fine drive across it but if not if you want to use public streets and I am saying if 1 have not developed and you don't want to go across the field then you better go around to the nearest street the way it was before I submitted it to the City. Crookston: The roads may not, but sewer and water (inaudible). Jewell: (Inaudible)1 a~ree 100°~ with you on sewer and water and if you don't mind I will elaborate on it so the rest of the Mayor and the Councilmen understand where I am corning from. I understand your issue with that respect. For example, let's say Englewood • • Meridian City Council November 15, 1994 Page 38 this particular devetopment, there are a couple of issues, we have sewer and water and we have irrigation, all 3 of those in this particular case that you have gone through and approved the pretiminary plat and I think did approve the final plat and if we do not construct the water or the irrigation and I think the sewer 1'm not sure, and one of these other development or properties adjacent to it comes before the City for appraval you are approving that based on the fact that you approved Englewood to be developed or constructed and that there is going to be a 12 inch water main down Ustick Road that is going to be connected because you have already approved that and we said that we are going to build it. Now if the property adjacent to it cannot construct because that 12 inch water tine is there or they wont' have water unless I construct that 12 inch water line in Ustick I can understand that and be responsible for it because you approved another development based on the fact that we said we were going to put in a 12 inch line from this distance to this. However, and also in this agreement it talks about late comer's and t am still going to get stuck with the cost when they go in and develop it one way or another. I just believe that everything is covered pretty much as it is and you are asking me to commit the way I understood this anyway and 1 didn't see any statement in there that said before you can sell property lots what I read is that basically once it is approved then you have the right to go in and force me to develop it then whether I want to or not. Kingsford: Again, I think if is a development agreement, if you develop it you have to abide by that. If you do nothing you can go out and plow and farm and do whatever you want. Jewell: What do you mean if 1 develop, if I construct everything? Kingsford: If you proceed with the plat as we have approved conditioned upon a development agreement, if you proceed with that then you are going to have to do those things. If you leave it as is as you have suggested then all bets are off, you are not developing you don't have to abide by that. Jewe~l: Even thaugh I have an approved plat and everything else? Kingsford: Correct. Jewell: Now, the thing is though, is that what this says, does it say that prior to selling lots or the equivalent that is where this agreement takes place, because there is a fot of controversy. Crookston: Is does not specifically say that no. Jewell: I would be in agreement with it if that was the case, I have no problems with that. Because as far as 1 am concemed City ordinances already state that and to me this would CJ Meridian City Council November 15, 1994 Page 39 ~ be redundanfi and I don't care if you have 10 redundances I don't have a problem with that. What I have a problem with is signing a document stating that you are going to take the property as security and then if I do not develop it or do all the things that have been approved then you can force me to do it. Crookston: t think Richard Kingsford: Well, our intent certainly is that if you develop you have to abide by the development agreement. Crookston: I think a little bit of the problem as I see it is, my comment somewhat addresses Richard's comments about starting development and then the economy goes belly up and it is just not economical for him to go forward. I think it is of concern to the City that the improvements are completed because what you are saying may happen and the City may end up with water and sewer lines that are not developed and they may need to be develo{~ed. Jewell: I can understand that. Crookston: So, I think, I don't mind the characterization that the development agreement only applies if he develops but I think we have to have a line of demarcation to say if he does in fact start he has to da this. Jewell: Only for the components that would be hazardous or for the health and welfare of the people or the city or however you want to look at. But go in and worry about the landscaping and all of that I can't buy that and I don't understand why you would want to even mess with it. Now, the sewer and other services I can understand in some situations however if the individual goes belly up and someone else get's the prope~ty whether it be the previous owner or the bank, so you still have an owner you stil{ have a certain amount of investment into it. Somebody is going to come in #here and complete it and develop it. I understand your concem but I think some of the wording might be a littte different to accomplish that. Morrow: If I could address that, I think from my s#andpoint what I would like to see in terms of our City is that in that scenario fhat you are speaking about could very easily happen within the ne~ct 12 to 18 months given what is going on now. But what I don't want to see, I don't want to be driving around and see a bunch of half done subdivisions with weeds growing out here and weeds growing out there and so on and so forth. I am not in favor of taking out the landscaping requirements and so on and so forth. Let's assume for example that a lender gets it back, gets it back in a timely manner. I would want our city to be able to notify that lender or whoever takes it over that these landscaped areas are • • Meridian City Council November 15, 1994 Page 40 to be here, you are to maintain those so the thing is maintained in a nice presentable manner and looks attractive to our City as opposed to falling down, broken up and so on and so forth. t think what the intent of the development agreement is to re-cap those things in short order so that we can look at and say yes these things are conditions that we approved it under, these are the working agreements and so that whoever buys it or whoever ends up with it back should it go back to somebody knows going in to it that they are going to be held to those same standards. I understand your point with respect to the health and welfare and safety issues, but I think also our responsibility as a City Council is to provide our citizens with an attractive pleasant place to live. In my opinion looking at berms that are not landscaped or not finished do not provide that attractiveness. So that would be my understanding of the intent of what is going on here. Kingsford: Richard, if 1 may, I can see this not being a forum that we would ever get to where you want to get with it. If I could suggest maybe Walt, and I~llax and Wayne and yourself re-visit this and involve Shari and if there is some give and take on #hat acceptable to the City and yourself let's see what kind of an agreement you can come up with. Jewell: Like I stated in the first paragraph of this letter here for the explanation is I don't see this, or my concerns as a concern #or just Englewood. I see it as a concem with the base document for any and all developments. So, 1 guess half of what I am presenting tonight is basically from an individual standpoint and not nec~essarily from the subdivision itself. Kingsford: And I wifl readily admit this is virgin territory somewhat for us and we may not be the last word on what is going on there. And we are certainly willing to take a fook at those. I don't think it is something we are necessarily willing to give up at this point by any means. Jewell: To re-cap it or to finalize it, basically, if I understand it correctly the intent of this development agreement is to provide a means for the City to have some kind of authority to go in and complete any necessary or determined utilities or site features are necessary for the benefit of the City whether it be services or aesthetically once the development has started but prior to that it has no force is that correct? Kingsford: I think generaEty again for the possibility we have discussed with regard to the possibility of sewer and water which our ordinance requires that runs fo and through. Jewett: Is that acceptable, I didn't hear anybody say it? (Discussion Inaudible) • Meridian City Council November 15, 1994 Page 41 ~ Kingsford: I don't think it is the Council's intention. If we approved this development agreement and the plat is all approved and so on and Micron opts to locate somewhere else and we have already seen the numbers of jobs that are lost in other industries and we have an inven#ory o# houses already in Meridian that if you decide you don't want to develop, it is certainly my view point that is a development agreement if you don't' develop then it is not in force. That is how I viewed it. Morrow: But the other side of the coin is the development agreement runs with the land and if he opts not to develop in my mind and he sells it to Frank and congratulations his new bride and they opt to develop it then (inaudible). Kingsford: Or they come back again with a whole new proposal. Corrie: Which they should do anyway. Kingsford: Well, if there is still a time frame there, there is work already been done Frank and his new bride can certainly cash in on that. (Inaudible) Corrie: Ri~hard, I have a question, in your packet here you are requesting consideration of reduction of dwelling minimum square footage from 1800 square foot to 1450. For reasons 1 understand It is based upon what you feel can be sold and what have you. I am not too sure I am willing to go along with that personally. You may not get my vote for your sympathy. I will tell you right off the bat because that was approved under my approval that is what it was going to be at that time. If we go along and start coming back down because you don't feel you can sell it, that is something that maybe you ought not try #o even develop the whole development. I have a little, quite a bit of a problem with that request just upfront with you just so you know where I am coming from. I think fihat, it says here it would require amendments to the findings of fact and ordinance as well, we approved that at the preliminary at that level and here you are coming back and making changes. Which you are perfectly capabte and legally to do but from my standpoint I don't like it. Jewell: { don't blame you for not iiking it to a point, however, what was it based on previously, what was the 1800 based on previously. It was an arbitrary number, is that correct. Corrie: That is what you told us, f didn't tell you. Jewell: That is right. Corrie: And anybody can come back and say fhat things are bad we are going to cut it • Meridian City Council November 15, 1994 Page 42 back down. • Jewell; I can even come back and ask for a whole new plat, is that correct? But i am not, i am coming badc because si#uations have changed from what it was at the time when we submitted it and { think as everybody wili agree there have been many things that have happened on this particular piece of property that have taken longer than should have for various reasons. And due to the interest rates that they are now and probably will be and possibly even get worse by Spring we would like to devefop the property, however we will probably have this situation if you don't' approve it we will have the situation where the property will sit dorman# and nothing will be done for some time. It will force this s~tuation. Now we have in addition to that we have several subdivisions surrounding this that are of the lower square footage at the time we were not aware of. And so, I guess, we don't really want to be the sore thumb sticking out there, all of the other properties will be lower priced and we are trying to sell a castle in the middle of a lower priced area. Corrie: So 400 square feet but make a castle out of a home. Jewell: Well, if you don't understand what I am getting at. Corrie: I understand what you are saying, I am just saying that I still don't like the idea. Jewell: You don't like the attitude? Corrie: The idea, the attitude I have no problem with that. I have some problems with why we are, if you are going backwards. Kingsford: I think what he is saying Mr. Jewell is and I have seen this happen before in a subdivision here in town tha# the Council approved back when I was on the Council, at that time I said 1 would far rather see it be vacant land because when it is vacan# land something can be done with it later. It was approved too small to start out with arid the economy tumed down and someone else ended up with the subdivision and the Council allowed a 200 foot reduction in already very small houses, smaller than what you are talking about going to now. And the reality is that we built a slum and it will always be a slum. I just assume see bare ground. I am not suggesting that is true here but I think that is the point he is trying to make. Morrow: t think there is one other issue here and that is with respect to the public. We have all these public hearings and everything for the public to give us input and part of what goes on in that process is that those folks come and they listen to the presentations and they get set in the back of their mind that Englewood Creek is going to be an upscale subdivisions and it is going to have 1800 square foot homes and plus and all of these i~ • Meridian City Council November 15, 1994 Page 43 other amenities. And then for us to change those because of economic conditions or whatever without the public having all the input into that process seems to me to be at the very least unfair. 1 think my thoughts here mirror both Mayor Kingsfor~! and Councilman Corrie`s. I am not inclined to change from what the original concept was approved under because it may very well be from my perspective that if the presentation was made for 1450 square feet R-8 homes I wouldn't have voted to approve it to begin with. And so what I am indicating to you here is that we bought a certain package, I want to see that same package delivered. Jewelt: isn't this the requirement for us to come back before the City Council if we do something like this and that it may go before a public hearing and that the public may provide their input on it? Kingsford: Well, I think that is the appropriate thing, I think that is what Mr. Morrow is suggesting. That it isn't appropriate that we just arbitrarily do it to make that change without a public hearing. Jewell: I agree completely. Kingsford: Is it then your desire then to go ahead and review those, the devetopment agreement? Jewell: 1 think that we should pursue on that basis. Kingsford: Let's involve for sure Shari and Max, Walt and Wayne. Take another swipe at those we may be in error, I sort of doubt it, we might very well be. Jewell: Like I mentioned when 1 started, 1 was not quite clear of what the intent was for the agreement. Kingsford: And it may not be very clear, maybe we need to clean that up a bit. You make some good points. Jewell: Any other questions? Kingsfard: I don't think so, but certain(y we will be looking forward to (inaudible). ITEM #18: DEPARTMENT REPORTS: Kingsford: Shari? • • Meridian City Council November 15, 1994 Page 44 Sti{es: i just wanted to mention Marty Goldsmith wif{ be having his devefopment agreements for Los Alamitos and Salmon Rapids at the next Council meeting. One good thing about these development agreements is to get them down to exactly what they said they would do. In the case of Los Alamitos it is kind of a touchy subject about a well lot. It seems that he was trying to use the well lot saying that he would give it in exchange for not having to do pressurized irrigation. I think Council's opinion of what of how they approved it was based on the donation o# that well lot. Now he is saying no he didn't donate the well and he would sell it to the City for $20,000. But if you would have a chance at all to ceview that prior to that coming up at the next Council meeting to get your idea of where you thought he was coming from on that. That is all I have. Kingsfiord: i think the reality that at least from my perspective on that Council might digest as we go along. If he was getting $20,000 worth of fees, of well development fees than it wasn't a gift and for us to consider that is outlandish. I think fhat he offered to give us a well lot and he offered to give it to us. Or we go back to a public hearing and start it over. Again the Council should take a look at that. Anything else Shari? Mr. Smith? Smith: I've got a couple of things Mr. Mayor and Council members. One of them is a finro parter, it concerns the declaration of an emergency existing. It concerns 2 different projects that we have need to complete that we can't. We don't have time to go through the bidding process and t will explain the justification for these. Number one is the lining of a sewer line in Meridian from Bower north to the alley of the creamery building. I hope that each one of you have a little dissertation that John Shawcroft prepared and maybe you have had a chance to read it. The reason for the expediency on this project is because of the pending reconstruction of Meridian Road from Bower north to Broadway afong with the reconstruction of the railroad crossing. And this thing, even though it has been on the hopper for a long time all of a sudden it moved pretty fast and we have a contractor that is going to be starting as t understanci it by November 28th I think the date is. He is going to start, there is some excavation on the road that from the railroad track north toward the alfey its being excavated to drain to a low point at the alley where the storm drain wi(I pick up the drainage. (End of Tape) Some time ago when the work was being done by the engineering firm on the design on this section of Meridian Road and the railroad crossing they encountered some underground fuel tank$, you probably remember when they excavated those at the creamery in front of the boiler building. And at that time there was some concern, they uncovered a sewer service line and they wanted to know if there were anymore service tines in that area. So we got a television, happen to have a T.V. Iine company up here at a seminar and we retained their services to run their camera through some of the lines, several lines in the City and that was one just to take a look. When we did that we discovered that the section of sewer line directly under the railroad track, about 100 feet of it is a steel line and it is in very poor condition. The thought had been at that time well, we need to think about lining this because there is no • Meridian City Counc~l November 15, 1994 Page 45 • way to physically replace it because of the railroad track. Well then this project came along faster than what we thought it was going to develop and we are concerned with the excavation of the roadway and the heavy equipment above that we m~y have some problems with that sewer pipe not knowing exactly what the condition of it is structurally. But, we felt like we need to do something with that length of sewer line and because of the way they install these finers you have to go from manhole to manhole so we would have to start at the manhole at Bower and extend to the manhole in the alley. Our consultant that we got on the line has contacted several of these slip lining instatlers and determined because of the chaFacter of the project that only one of them will probably work and that is (inaudible) which is a apoxy based materiat that they insert into the line and then fill the line with hot water and expand the material to fit the confines of the existing pipe and it cures in place over a period of 24 hours and then the water is removed from it. Ar~d any service lines then are cut from inside the pipe with a device that follows along behind a teievisions camera. AN this time which is (inaudible) a couple days to do this the sewage will have to be pumped around that section of line. So that would be part of this contract. We don't have time to go through the bidding process in order to get this work done because of the schedule of the contractor to rebuild the roadway and that is the reason for this request. i have a video tape that was done on that length of line that will just take a second to plug into the machine if you would like to look at it. Yerrington: What is the size of that line? Smith: 12 inch diameter, it runs about half full. lt basicafly drains all of the o4d part of town, south of the railroad tracks, east of Meridian Road, the Bowling Alley, everything befinreen East 1st and Meridian Road to the south drains into this line. It drains quite a bit on an area. Corrie: It sounds like Gary that this (inaudible) is about the only one is going to work anyway, if there is a sole source it is going to come out about the same anyway (inaudible). Smith: It is possible that would be the case. Corrie: If the others are not going to work. Smith: The problem with the other materials that they are a PVC or a polyethylene and the word that I get from our consultant is that because of the length of pipe between manhole and manhale they were concerned that we weren't to be able to maintain a uniform thickness of that iine because it has to be installed under a heated situation also. And when they putt on that length they were concerned that they would tend to elongate it and stretch it out and flatten it out a little bit. Now we haven't received a final comment from ~ Meridian City Council November 15, 1994 Page 46 • them, there was one of the 2 firms that was cantacted has not responded to our consuitant yet with a final statement that they could or couldn't participate in this. That hasn't been ruled out completely. And of course the only other thing to do it is to take a chance that the pipe will support itself while this construction goes on. Tolsma: (Inaudible) Smith: Right, it was a job that we were planning on doing anyway, and it was budgeted to be done this year, it is just unfortunate. Corrie: (Inaudible) Smith: How much money was budgeted 1 don't remember Bob, I'm sorry. Kings#ord: I think keeping pace with the contract that we didn't have control over constitutes an emergency. Morrow: I have a couple comments about this, this is the first that I have heard about this project so to speak. I am the one who has been shoving like hell on ACHD to get this project in terms of the rebuild done. And not knowing that we were upside down here until now doesn't strike me as being communicative within my own departments. 1 am not real happy about that, it does constitute an emergency, its an emergency (inaudible). We could have done that or at least could have found out and ben aware that we needed (inaudible). I am not opposed to the emergency, the point that I am making is that we had better be doing some better coordination in the future to keep ourselves out of this kind o# thing. This project, Gary is right has been on the bumer for almost 3 years, once the approvals and stuff were done and through my meetings with ACHD we have been pushing hard to get the thing actually under construction so that we could see the fruits of our efforts in terms of getting something done. It has been the same kind of push on Cherry Lane and finatly we are going to get something done there. So, I understand the emergency Kingsford: Part of that coordina#ion is not only within your department but also with ACHD as to know just exactly what it is they are going to do and when they start so that we could have. Morrow: But I am #he one that knows that. Kingsford: So I guess we have to fault you Walt. Morrow: We will correct the situation believe me. - • Meridian City Council November 15, 1994 Page 47 (Discussion inaudibie) . Kingsford: (Inaudible) we need to get with Mr. Morrow and see if we can't get coordination done between him and him. Crookston: Gary, does this work either need to be done before ACHD starts or after but not during? Smith: Before (Discussion fnaudible) Smith: The concern is that we would have some failure on that pipe just from the video tape that was produ~ed during the construction of the road way when they excavate and they generally take out a couple of feet of material existing road bed material to build a new road. And the equipment that they have on that road the compactors and so forth that is why the concern exists. Crookston: So our consuttant is telling us that the likely hood of that sewer line possibly failing is great? Smith: Yes, well the concern is with our Waste Water Superintendent based on his observation of the tape that we don't really know what the situation is with the pipe. Morrow: This is a preventive maintenance deal. Crookston: What 1 am trying to get at here is establishing the basis for the emergency and it is our understandings that the work on the road will commence by the end of November. Smith: The 28th of November. Crookston: Which is 5 days from now. Smith: Well, today is the 15th, it is 13 days from now. Crookston: Okay, and it is your apinion that there is not su~cient time to fit it and get it done by the time ACFID starts it work? Smith: Right, we'd have to put specifications together, bid documents and have 2 weeks o# bidding time before we open the bids for a contract. ~ • Meridian City Council November 15, 1994 Page 49 Morrow: I think the other thing is that you need to understand is once that works start we don't have any control over how that contractor proceeds with his work or what side the storm drain may be on one side of the road and he may opt to do his cut and fill on the other side of the road at the same time the storm dra4n work is going on. In which case the sewer line gets crushed and we are buying fots of whatever. Crookston: I am just trying to get establishment to show the emergency. Morrow: I think the emergency is that we have control of it between now and November 28th, as of November 28th when they break ground we have very little control over anything. Kingsford: I would recommend that the Council declare an emergency on the sewer line. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to dectare an emergency on the lining of the sewer line under the railroad tracks on Meridian Road, a11 those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Tape on file for documentation. With regard to the other issue that John speaks about, I am nat as convinced that is an emergency. I think there is some safety issues #here but 1 am not totally convinced and especial{y now where we are not using all that water effluent on grass, we are through the watering season, I know they washed down some things with it. But I have a little problem with declaring an emergency on that, I am not sure #hat couldn't be bid, but I am certainly interested in hearing your comments. At least 1 felt #hat as I read John's letter. Smith: Okay, Mr. Mayor, Council members, the other item concems kind of an oversight at the Waste Water Plant when the ultra violet equipment was installed was designed for installation, it was recently learned that our source for non-potable water which is used throughout the plant for s~nkling of grass or wash down water from the yard hydrants and so forth. And #his, when 1 say it is non-potable it is not drinkable water, it is water that is chlorinated. It is the same water that is discharged to the receding streams from the chlorination basin. But it was orig~natly the suction for the non-potable system, originated at the end of the post-aeration basin after the chlorine contact chamber. When the chlorine was no longer used for disinfection and the ultra violet took over for disinfection the location of the suction point was not changed. So now the suction point is in the same • Meridian City Council November 15, 1994 Page 48 • Crookston: And, do we know that the work can be done within the time period before ACHD starts its work. Smith; At this point I can only say that we know that I know the supplier has said that it would take 2 days to do #he job once they were here and set up. To Gean the line, T.V. the line, install the liner and let it cure out which is one day. And then return the flow to the line, I am not sure what their scheduling is like Wayne in order to get here. I can't answer all of that question. Crookston: I understand that, if for some reason this (inaudible) cannot do it before ACHD commences construction what do we do then? Kingsford: Have a pump on stand-by. Smith: We would have to work with their schedule. The Highway District, I think one of the first things they will do is some excavation work and then they are going to be digging a storm drain and doing some storm drain work. So there will be a little bit of time before they will actually start putting material back on the subgrade. I am not sure how far they will excavate initially. I would assume there will be a window in there from the time they actually set foot on the project until they would be more of a threat to the stability of that sewer line. Crookston: Once Ada County starts work no matter how much it is, that eliminates the possibility of the city being able to have the work done? Smith: No it doesn't, it doesn't require a great deal of space to do this type of work. Where they set up at Bower for example is one end of the project, they may be completely out of the way down there with their truck where they would start the iiner through the sewer tine. I am not sure exactly wha# their procedure is, I have seen pictures of their truck where they set up over the manhole and they thread the material down through the manhole and down into the line and then they tie off the other end and they fill it full of hot water and expand it and it cures out. It doesn't take much space. So I don't fhink even if the Highway District's contract was working out there that we would be in the way. Crookston: But having the work done is in the best interest of fihe City to have that done as soon as possible? Smith: That is our feeling yes. Kingsford: I think just the liability prospects of having the number of establishments he is talking about and having a crushed pipe is something we can't afford. ~ Meridian City Council November 15, 1994 Page 50 ~ p{ace it was but it is up stream of the ultra violet equipment so the non-potable pumps are sucking water out of the pot-aeration basin which is non-disinfected water. And besically what they are utilizing in their hose bibs around the plant and on the lawn is water that has not been disinfiected. John's concern basically has to do with the health of the operators because, and I think he gave a fiecal count on there that upwards of 180,000 colonies per 10C1 mil(iliters and that it presents a heaith hazard to the waste water personnel. (Inaudible) Corrie: (Inaudible) hepatitis problem there. Tolsma: (Inaudible) Smith: Not so much lawn irrigating but they do use the water quite a bit in just washing down the facilities and structures, the concrete structures inside because of the alg~e growth on the concrete being a relative porous surface algae grows on it and they have to wash it down. I don't know how often that happens but they have a hose bib at the effluent structure, they have hose bibs at each one of the clarifiers, they have hose bibs out at the aeration basin. They are there in order to wash that stuff down and keep it moving. Because the algae grows quite rapidly, just the character of the water. Morrow: How long will this project take? Smith: I think it can be done easily within a week or less, 3 to 5 days I think. Kingsford: I guess I would have to amend my comments if we are talking about a hepatitis p~-oblem again, that is something that we can't even think about running a risk. If we know it that is like Ford's Pinto and knowing the gas tank is in the wrong place and not dealing with it. Carrie: Gary I have a question, do all your personnel out there have hepatitis vaccination shots, and have they gone through that series? Smith: 1 am not sure Bob. Kingsford: My bet is that they haven't. The only ones I know of that they City has are those people in QRU and fire department and police department. Corrie: You might want to look into that with some health personnel and see about that. They are running a risk aut there. ~ LJ Meridian City Council November 15, 1994 Page 51 Marrow: Bob does it make sense to do that for those folk? n U Corrie: I think they should be immunized myself, it is not that difficutt, it is not that expensive. It sure could save them a lot of trouble down the line. Just as a side line. Kingsford: If we knaw and that is the case then I think we ought to get them immunized then. Morrow: I would move that we do both. Tolsma: Second Kingsford: Moved by Walt, second by Ron to declare an emergency on the piping at the Waste Water Plant to put it down stream from the UV and to also have hepatitis shots provided for the employees out there, all those in favor? Opposed? MOTtON CARRIED: All Yea Kingsford: Anything else Gary? Smith: 1 have a proposal from our Civil Survey Consultants here in Meridian to design the pump and pump house for Well No. 16. Do you want me to bring it up before you now, we don't have the data yet to design the pump because it needs to be test pumped after the drilling is completed, but they did bring those over so we were trying to stay ahead of the game a little bit on them. Kingsford: Well, if that is your recommendation that we use them 1 would certainly recommend that to the Council to be approved. Smith: They did th~ pump house, pump design on Well No. 14 and 15 and 12, I'm not sure about tl~at, they are going to help us on 12 on the retro fit. But they have done a good job and they have a lot of this information in their computer aided drafting package and it is refatively easy for them to reproduce it and we will use a lot of the similar types of equipment we have used on the other welts. We are not re-inventing the wheel again. Kingsford: We are talking about using professional services here so it is not a question of bid. If Gary is comfortable with them it would be my recommendation that we go ahead and use them on Well No. 16. Morrow: So moved ~ • Meridian City Council November 15, 1994 Page 52 Tolsma: Second Kingsford: Moved by Walt, second by Ron to have Civil Survey Consultants of Meridian do the design and so forth for Well No. 16, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: That is all I fiave. Kingsford: Chief? Gordon: Nothing Mr. Mayor. Kingsford: Mr. His#orian? (Inaudible) Kingsford: Wayne? Crookston: Yes, on the Phase 2 portion of the LID for powntown, I have had a discussion with Wayne Forrey. He indicates to me that he has prepared an ordinance for the Council's consideration to be passed on the creation of the ~.ID, he has prepared a notice for public hearing, he has a list of the property owners with the assessment amounts. He does still need the total cost of the project and he says that there were 23 properties out there. Like 1 said he does need the cost and he is checking on whether or not the same owners own the property that signed the petitions. That is where we are on that. Smith: Mr. Mayor, Wayne is that Phase 2? Crookston: Phase 2 Downtown. Smith: And he needs the total construction cost of the project? Crookston: Yes Kingsford: So, what do we need to proceed with that then Wayne. Does the Council need to take any action? Do we need to schedule a public hearing on the LID, what is appropriate? Crookston: Not at this time. ~ • Meridian City Gouncil November 15, 1994 Page 53 Kingsford: So that is just in the way of (inaudible). Crookston: Right, just an update. Kingsford: Mr. Forrey and I visited briefly today too and he is going to come back in Shari and get with you and Janice and maybe Gary would be an appropriate one to find out just where we are at with the budget so we will have an answer to take to the Nazarenes with regard to the building. Anything else Wayne? Crookston: No Kingsford: Wal#er? Morrow: A couple of things, besides Frank's recent wedding, Fred Putzier in the Sewer Department was married so I would like to give our congratulations to both couples. The second thing is I passed out at the last meeting a proposal for our occupancy request, th~ feed badc seems to be all positive. There have been no recommended changes to it, the one question that has come up is enforcement and how do we enforce it. I would like to ask Wayne for that directive. I would also like the Council's permission to go ahead and print up this format and implement it now and then deal with #he enforcement issue, whether they are criminal an civit penalties or both at our next Council meeting, but in the mean time get this started. So if it is the Council's desire we wifl start that program. Tolsma: I would move that we go along with Walt's decision on the occupancy permit. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the proposed occupancy permit form, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Max? Yerrington: We have a proclamation on the ball game for this weekend. Whereas, the City of Mer~dian Crookston: May 1 be excused? Kingsford: No ~ • Meridian City Council November 15, 1994 Page 54 Yerrington; Whereas, the City of Meridian commends the Boise State University Broncos for their excellence in sports. Whereas, due to their outstanding record, the Boise State Bronco football team ranks tops in the State of Idaho. Whereas, in honor of Boise State University Broncos dominance in football, the City of Meridian declares Saturday, November 19, as Bronco Day. We urge atl citizen of our community to join in supporting the Boise State Broncos in the upcoming footba{I game this Saturday, would certainly be appreciated. It is signed by our honorabie Mayor Grant P. Kingsford. 1 would like to move that this be approved. Crookston: (Inaudible) Kingsford: Out of order Morrow: Second Kingsford: Moved by Max, second by Wa{t to approve the proclamation, we probab{y ought to send a copy of this over to Pokey maybe, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would suggest that maybe the 4 of us and the City Attorney would sign that also. Crookston: Not Kingsford: Anything else Max? Yerrington: No Kingsford: Bob? Corrie: Our meeting is November 29th the next meeting, I appreciate your changing it to the 29th for me. I am going to be dressed up in a tux and all of that plus some other things. I have nothing further. Kingsford: Ron? Tolsma: Yes, I have one item, in different to Frank being newly married, my 35th anniversary is today. Kingsford: Happy Anniversary. C~ Meridian City Councii November 15, 1994 Page 55 (Discussion Inaudible) Kingsford: Anything else Ron? Tolsma: IVo ~~ Kingsford: Three things, the workshop is the 29th as Bob indicated, Tuesday the 29th. Did you set a time on that or have you noticed it yet? Berg: I believe it was at 7:00 the same time as the other one. Kingsford: We have a speeial meeting scheduled for December 15 because of the number of public hearings as Will kind of kicked that around with the Council members that seemed #o be the best date that we could come up with. So Thursday, December 15 we will have a special meeting that will primarily be public hearing. That one is at 7:30. And lastly, you received taday or just before the meeting or should have a copy of the impact fee for new developments ordinance. If you would review that carefully and make input maybe before the next meeting. It would allow us if it is your desire then to get that noticed and on for the 15th, the pecember 15th meeting. If you don't get through that then we won't get that put into plat this year. So look that over and see if you are comfortable with it. Mr. Berg do you have anything? I would entertain the infamous motion. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to adjoum, all those in favor? Opposed? MOTION CARRI~D: All Yea MEETING ADJOURNED AT 10:18 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTE ' : /7 /;;p /~' ,~''~~~~ ~-_~ WILLIAM G. BERG, JR., I CLERK APPROVED: ~ t ~GRANT P. KINGSF R, Y R ct~-Y ~~ €~~~~~:~~~~~ ~ HUB 0~ TREASUR~ ~A~,~,~~ 33 EAST IDA~f p N 0 V 1 5 1994 ~ ciT~r or~ ~~i~a~si~~i~r~ MERIDIAN, lpAliO g3642 PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: ---------------------------------------------------------------------------------------------------------------- ---~== ~ ~'~~'' _-_`-~_~~__-~-~-~~_'___-------------------------------~ ~-- 7 = ---~ ___~_~__/ ------------ --- ~' 1~L~L---~~~~-F~=~ ----------- ~ -----~-~ ~~_ sy~l------------------- ------------------------ ~~c.ot~ }~ ~ ~Ii= -.1.2e ;~ 1 ~ ~ ~S ~ C~ (~`~`-9 CITY OF NIER~~9A~ .. ! HUB OF TREASl1RE VA~.d.EY 33 EAST IDAF00 N OV 1 5 19~4 • C11'Y t~,~ ~~rHti~i~~d MERiDIAN IDAHO 8364~ PUBLIC MEETING SIGN-UP SHEET , NAME: PHONE NUMBER: ..~~~_,~sz!~!~ _ _~o -~ ---- --=---------- 3 ~-~ --=- -g o 6 d ----------- , ~~.z~~ '~' , ~.~-~~~ ------------------- ------------------~' P ~ -- _~ ~/ ~-~ ----- r ~-.G ~ '_~~~:~~.5~ ------------------------------------------------~~~-u°~_ _~~ • MERIDIAN CITY COUNCIL AGENDA u TUESDAY, NOVEMBER 15, 1994 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 1, 1994: ~~'~~~e~ 1. LILA HILL - PRESENTATION ON HISTORICAL PRESERVATION COMMISSION: 2. TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO. 2 SUBDIVISION: ~~d a~ ~ re~~f~ °~ ~' ~~~~p`~~t 3. TABLED NOVEMBER 1,1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION NO. 5: ~~~ ~~` ~ ~~~~f~ ~~ ~'`' ~`~'P~' ~~-...~- 4. TABLED NOVEMBER 1, 1994: ORDINANCE #675 - HAVEN COVE NO. 5: ~~~r~~.e~'C- ~ 5. TABLED NOVEMBER 1, 1994: PRELIMINARY PLAT FOR HAVEN COVE NO. 5: ~~~r~v Q~t.. ~~v~i~ck.e~ ~~ Ci~ ~:.~.,.e~ a~pi o~t C~G~ ~2 6. TABLED NOVEMBER 1, 1994: DEVELOPMENT AGREEMENT FOR AVEST: ct ~pi-o ~~e d C'~ d. ~~ ~ 7~~ r•~~ a 7`ta~.e~ a~~, rdya.~.. 7. ORDINANC~~#678 - MARTELL PROPERTIES REZONE: ~C~Q~y~v.e ~ 8. PUBLIC HEARING: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: ~,~~ ~~~ ~ ~~~ ~/~ ~ ~ ~~ 9. PUBLIC HEARING: V~NCE REQUEST BY JOSEPH AND MARY daROSA: l'd-n-~~~.e P/~ ~t ~t `'~~' 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR WEST ONE BANK: 11. PUBLIC HEARING: REQUEST FOR REZONE BY TREASURE VALLEY WORSHIP CENTER: u~~r~Y.~ ~'%~ ~ ~~~ . ~~, ~ u~~,,,,~~ ~~/, a-..e Ye 2~.~. o~ cL~n~..~v 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER: ~~P ~ ~ ~,e ~/~ ~ c' /L 13. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAYNE INDUSTRIAL PARK BY LANYE OF IDAHO: , ~~~ ~ r~~~r-~ved C«rrn~i~~ ~n~ f'f~~l e~'r ~n.~:~T ±' (~ Cr f`~ 4i~/~ ~~ ~~f~~ l~ 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR RAVEN HILL SUBDIVISION BY ALLAN CHANDLER: C'~~ a t~.~~ ~~Or.e~ ~.e. ~w ~% ~~ c /L ~ ~ 15. PUBLIC HEARING: VARIANCE REQUEST FOR HARTFORD SUBDIVISION BY VIJYA LAXMI, INC.: / /' ~ ~,~ d~,'O-Z~,,,G E~J ~i'Y~~'~ T~~ F L ~ 1 6. F I N A L P L A T: H A R T F O~ D S U B D I V I S I O N, 6 6 L O T S B Y V I JYA LAXMI, INC.: ct~,~-~i c~~` i-Q~~.e d t- ~ ~ ~. .6-~c r-~ ~~~ ~c . ~ >~ y~~-' 17. DfSCUSStON CONERNING THE DEVELOPMENT AGREEMENT FOR ENGLEWOOD CREEK SUBDIVISION ~n-¢e.,~ ws 1-ti- dv"~ ;°;~ C'- ~ G~~t/a~. . ~ f%''t a~~ ~r J'~i ~c ~~ 18. DEPARTMENT REPORTS: , -~} - Jhr~,~. ~t~~ef ~~v~C'~~~~f ~c~-~~--~ ~f~- ~I~a,~r-f-~~ ~u-P~('~r~~fs~. h.e~; ~ h~-t~. /3- - C~~~.~ ~-~-Y~~. ~ -- GL'e GC~~c l~i. fi ls~'n- 07 f- P~n e/~ ~ e n c~ ~./ ~~I'~ar~c ,~v~..e~ (J ~ 1'~'f,P~.~c~i`~~. /'Zcra ~-G , ~ ~<c.c,~zr;~-a- r.~ C~~~.o-~-~ - d~~'u~ ~r~~,. ~ ~ ~'l ~ n _ ~~ -- ~ia/.le ~~ ~~ , ~- ~o~.~ r~ ~~-~-~ L ~ ~ ~'%fi ~ ~e ~- i ~ ORIGINAL BEFORE THE PLANNING AND ZONING CONII~IISSION OF THE CITY OF MERIDIAN PASTOR GORDON SLYTER REZONE AND CONDITIONAL USE PERMIT TREASURE VALLEY WORSHIP CENTER NW CORNER OF MERIDIAN ROAD AND SPICEWOOD DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 13, 1994, at the hour of 7:30 o'clock p.m., Commissioner Rountree stepped down due to potential conflict of interest, the Applicant, Gordon Slyter, Pastor of Treasure Valley Worship Center, appearing, the City Council of the City of Meridian having duly considered the evidence and the-ma~ter-makes the following Findings ,~.~~___._.~ ~- _ .__~. . _.... ~ _.._ .___w. ~_.~.~ ..~..w._..._~__.._.______._._, - --...._..~._. ~_ _, ._ ._,.~_._ ._ . ___. _,,... --__ . ~of~ Fact~ and Conclusions . FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 1 TREASURE VALLEY WORSHIP CENTER i ~ 2. That this property, which includes two (2) parcels, is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are E and B Joint Trust (Ed Bews and Burt Smith) which property is described in the application which description is incorporated herein; that the property is now zoned R-4; that Applicant is requesting a rezone of two (2) parcels of land currently zoned R-4 Residential to L-O Limited Office; that the larger parcel of 1 and 1/2 acres will be the proposed church building and parking; that the second parcel of approximately 1 acre in size, wi11 remain undeveloped until phase two of the building project is begun. 3. That the Applicant o~fers the second parcel, to the south of Spicewood Drive, to be used by the City as a ball field, etc., until such time as the Church may require it; the Applicant also states they may have to enlarge the church facility in the future ~~ _ L4and tliat pa=cel~~~ to W the ~-south of Spicewood Drive wauld be~~ used ~ for " parking. 4. That the proposed land use would be to build a church, together with parking and playground on the parcel to the north of Spicewood Drive. 5. That the Applicant has submitted a Conditional Use application with the intentions of operating a day care pre-school in the church facilities; that the business plans show ope=ating with 36 children; that the license will be for the maximum of 48 children. 6. That the proposed zoning amendment is consistent with the FINDSNGS OF FACT_AND CONCLUSIONS OF LAW Paqe 2 TREASURE VALLEY WORSHIP CENTER . ~ Meridian Comprehensive Plan. 7. That a day care center is permitted use in the L-O District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13 ) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 8. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 7 as tollows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Gonnection to the Municipal Water and Sewer System of the City of Meridian is a requirement in _ __. ~. _....__ _ _ .. _,. .. __....._~ .._..__ _ __._._.. ~__ _ ____._.~_. this distric~.-_.~~._~ ~_ .,~,w_.__. -- .- 9. That the property is presently farm and pasture land and currently vacant. 10. That the use proposed by the Applicant is set forth above, which is to build a church, together with parking and playground and to provide a licensed pre-school day care center for a maximum of 48 children between the ages of 2 1/2 years to older. 11. The City Engineer, Gary Smith, and City Planning and Zoning Administrator, Shari Stiles, City Fire Department, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District submitted comments regarding FINDINGS OF FACT AND CONCLUSIONS OF LAW PaQe 3 TREASURE VALLEY WOR5HIP CENTER ~ ~ the rezone and conditional use request which are incorporated herein as if set forth in full; that the comments by the City Planning and Zoning Administrator, Shari Stiles, are that this project will be a good transitional use from the existing residential; that sewer and water are available but the use may require additional charges or fees. 12. That there was testimony from Tyler Rountree, who is a resident of the area living north of the subject property, objecting to the rezone request; that he bought his lot on the pretense that it was R-4 Residential and would never be commercial property. 13. That the property is~located on Meridian Road and it is designated as an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement in the Comprehensive Plan includes the fol].owing statement: '4 . 4U ~~~~~ ~~~ncourage 35-foot ` landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That a11 the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW paQe 4 TREASURE VALLEY WORSHIP CENTER ~ ~ within 300 feet of the ex_ternal boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment or conditional use. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judici.al notice. 5. That Section 11-2-416 A. states in part as follows: _ ____ _ _ _ , """~- `~~ ~ ~ _ "When~ ~ tfie -~public~~iiecessity, convenience; ~ general welfare or zoning and development practice require, the Council ... may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: ( a) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is in an a good location, surrounded by residential with retail FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 TREASURE VALLEY WORSHIP CENTER . . across Meridian road. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. ( c) That the property, if designed and used as allowed in the L-O District, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. ( d) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area. (g) Development in the L-O district, and particularly as planned by the Applicant, would produce only a minimum traffic increase during the week with the heaviest seen on Sundays. (h) That a rezone would not result in the destruction, loss ` or damage of any natural or scenic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-418(C) of the Revised and Compiled Ordinances FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 6 TREASURE VALI~EY WORSHIP CENTER • • of the City of Meridian se±s forth the standards under which the City shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows as to the conditional use to operate a day care within the church: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by orda.nance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use would be designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic will increase because of the proposed day care center, but due to the drop-off and pick-up being off of Meridian Road and off of Spicewood Drive it should not be a problem. e. __. The property has .sewer and `wa~er ~service already ____ connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operatian that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the ~City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe 7 TREASURE VALLEY WORSHIP CENTER . ~ destruction, loss or damage of a natural or scenic feature of major importance. 9. It is further concluded that the comments, recommendation and requirements of the City Engineer will have to be met and complied with. 10. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with; particularly with owners submitting revised consent form indicating indemnification of City of Meridian, submitting day care license from State of Idaho prior to opening and a development agreement. 11. That it is concluded that as a safety measure in the operation of the day care facility that all children shall be dropped or picked up in the parking area of the church and that no children shall be dropped or picked up on Meridian Road or Spicewood Drive. 12. That it is concluded that the L-O, Limited Office, District has been requested so the Applicant could construct a church and operate a day care out of the church and eventually using the parcel south of Spicewood for parking; that some means needs to be taken to make sure that no other use allowed in the L-O District is placed on the property; that a deed restriction on the property would be the best way to restrict the use of the property to church purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 TREASURE VALLEY WORSHIP CENTER ~~ • APPROVAL OF FINDINGS OF FACT AND CONCLU3IONS The Meridian Planning and Zaning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOI~II~+IENDATION VOTED VOTED VOTED VOTE VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application be approved with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved and the fence Ordinance shall be met. The conditional use permit shall be subject to annual, or periodic, review upon motion by the City, and all children shall be dropped off and picked up in the parking area of the property and any play FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 TREASURE VALLEY WORSHIP CENTER ~ • area for the children must be fenced at a height to prevent any children entering the roads or leaving the child care facility. MOTION: APPROVED• ., DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 TREASURE VALLEY WORSHIP CENTER • HUB OF TREASURE VALLEY ` OFFICIAIS COUNCIL MEMBERS A GOOtI PI1CC tO LIVC RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON S e CITY OF MERIDIAN ROBERT D. CORRIE neer GARV D. SM TH P.E. City Eng WAl7 W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SMAWCROFT, was~e wacer s~vt. 33 EAST IDAHO SHAHI STIIES KENNY W. BOWERS, Fire Chiet MERIDIAN, IDAHO 83642 Planner S 2oniny Administretor W.L. "BIIL" GORDON, POlite Chiet JIM JOHNSON WAYNE G. CFi00KSTON, JR., Attorney Phone {2p8) 888~433 • FAX (?AS) 887~813 Chairman • Planning 6 Zon~ng Public Works/Building Depanment (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wiil be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: SeQtember 6, 1994 TRANSMITTAL DATE: 8/15194 HEARING DATE: 9/13/94 REQUEST: Annexation and Zoning BY: Treasure Valley Worshiu Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Spicewood Drive in Meridian JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY Pl~4NNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLA'~ ADA COUNTY HIGHWAY DISTRICT ADA PIANNtNG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FiNAL PLA'n U.S. WEST(PRELIM 8~ FINAL PLA'1) INTERMOUNTAIN GAS(PRELIM & FINAL PLA'~ BUREAU OF RECLAMATION(PRELIM 8 FINAL PLA'1~ CITY FILES ~ ~ OTHER: YOUR CONCISE REMARK . ~r~~~ ~'~ ~. ~ ~ ~,~~a-~r~~d~ `.g~}•~~ ~~" ~jyiLi'lsLl/'ll ~ ~ APPROVAL OF FINDINGS OF FACT AND C4NCLUStONS The Meridian City Councif hereby adopts and approves these Findings of Fact and Conclusions this th day of November , 1994. RfJLL GALL COUNCILMAN MORROW COUNCI~MAN YERRINGTON VI~TED "''~~ VOTED COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED~"~ ~ VOTED. (INITIAL) APPROVED_~ DISAPPROVED FiNDiNGS OF FACT AND CONCLUSIONS OF LAW - Tre~sure Vailey, Worship enter ~ ~ OR~GIN,q L BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WEST ONE BANK CONDITIONAL USE PERMIT 220 WEST CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 13, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through the project's architect, Scott A. Wendell, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusionsz FINDINGS OF FACT 1. That 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 September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAWIWEST ONE Page 1 ~ • 3. That the property is zoned L-O, Limited Office, which requires a conditional use permit for drive through banking which the application requests; that it will be a pneumatic system without windows. 4. That the Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7. as follows: (L-O) Limited Office District: The purpose of the {L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That the use proposed by Applicant is a specific allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 6. That the property to the west is used for residences, the property to the east is vacant or pasture ground, the property to the north is owned by The Seventh Day Adventist Church, property south Cherry Lane Road. 7. That the abutting properties are used for commercial and residential purposes. 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW/WEST ONE Page 2 • • 9. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 10. That the City Engineer, and City Planning Director, mad no comments . 11. That there was no testimony objecting to the application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the m~iling of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the City of Meridian has authority to place conditions on a conditional use pe=mit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review FINDINGS OF FACT AND CONCLUSIONS OF LAW/WEST ONE Page 3 • • applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use perma.t is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. _ _ _ __ _ , f. The use would not create excessive - - --- additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW/WEST ONE Page 4 • ~ 5. That al? ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code, all parking and landscaping requirements. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED-~~ COMMISSIONER ROUNTREE VOTED~ COMMISSIONER SHEARER VOTED,~~ COMMISSIONER ALIDJANI VOTED ~L~S~"'~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSTONS OF LAW/WEST ONE Page 5 • ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 15th day of lyovember , 1994. COUNCILMAN MORROW COUNCILMAN YERRINGTON VOTED ~ VOTED COUNCILMAN CORRIE COUNCILMAN TOLSMA ~ VOTED VOTED`~/~ MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED ~ ~ DISAPPROVED FINDINGS OF FAiCT AND CONCLUSIONS OF LAW - West One Bank ., ~ . ,. ,__-_; ~~ ~~ . . \9 y/ r~ecei`ve~ C'~C `n-~ ~ ~ • ~~-/h~~~ ~'~ ~ HUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 September 12, 1994 City of Meridian Mr. Gary Smith, P.E. 33 East Idaho Street Meridian, Idaho 83642 RE: Raven Hill Subdivision Preluninary Plat Comments Dear Gary, 208/322-8992 ^ Fax 208/378-0329 The items below are in response to your letter dated September 8, 1994. 1. The Benchmark for the topography is I.T.D. Eagle Road data (U.S.G.S.) BM "E-2 - PK in centerline of Overland, ±600' West of Eagle Road, elevation 2653.49. 2. This will be completed prior to ~nal design. 3. This will be done. 4. This is a true statement. 5. Lot 14, Block 1, shall be kept in the ownership of the developer and the developer w~l maintain the strip of land. 6. This will be done. 7. This will be done. 8. This will be done. 9. The 1991 FIRM Map for Ada County (Pane1253 of 850) indicates that there is no floodplain or floodway designated along the Nine Mile Drain east of Locust Grove Road. 10. The preliminary plat boundaries are shown as stated on the warranty deed. ~ • - ~ .. a 11. This w~71 be done. - 12. This w~l be done. 13. This w~l be done. 14. This v~n'll be coordinated with the Ada County Highway District and submitted as needed 15. This is a true statement. 16. E. Yarrow Street w~l connect with the proposed Sundance Subdivision stub street at the correct location and will be coordinated with the Ada County Highway District. Thank you for your time, and please do not hesitate to call me if you have any questions. Sincerely, ,~ J es . Merkle, P.E. tp\057.1tr ' ~-e c P,~P ~ ~~~ fn {~ ~~ ~ ~ l5- ~ ~ ~~ ``,`~ ENGl/yFF9~ ~ . . ~,. . HUBBLE ENGINEERING, INC. `q~' ' C fyl 9550 Bethel Gourt ^ Boise, idaho 83709 2081322-8992 ^ Fax 2081378-0329 September 12, 1994 City of Meridian Ms. Shari Stiles, Planning Administrator 33 East Idaho Street Meridian, Idaho 83642 RE: Raven Hill Subdivision Preliminary Plat Comments Dear Shari, The items below are in response to your letter dated September 9, 1994. 1. We will designate the fronts~ of the lots to meet the City's requirements. 2. The preluninary plat will be revised to show the additional curve information requested. 3. 'This will be done. 4. The lots in Rim View Subdivision which are directly north of this project aze 1.0 acre lots with the houses clustered along Charolais Drive. Each lot has a pasture at least 100' deep which presently serves as a buffer to the proposed subdivision. 5. This will be done. • 6. There are some existing cottonwood trees along the north properry line, otherwise there is just a boundary fence. 7. This will be done. 8. The preliminary plat will be revised to show this. ' Thank you for your time, and please do not hesitate to call if you have any questions. ~ ~ r ~ r~ ~~ ~ ~ CJ ~i ~ a ~ ~ ~ •. o, ; U ~ ~ ~ -D . `, ~ '~ ~ '. ~ ~t ' ~ ~ ~ ~ ~~ ~ V ~ ~ C~ ~ 6 d' ~ ~ ~ ~ ~ ,1 1~ ~ ~ ~ ~ 1 ~ ` ~ ~ ~ ~ ~ ~ HUB OF TRF,ASURE VALLEY A Good Place to Live CITY OF MERIDIAN Grant P. Kingsford Mayor PROCLAMATION WHEREAS, the City of Meridian commends the Boise State University Broncos for their excellence in sports; and WHEREAS, due to their outstanding record, the Boise State University Football team ranks as the top team in the State of Idaho; and WHEREAS, in honor of the Boise State University Broncos dominance in football, the City of Meridian declares Saturday, November 19, 1994 as BRUN~O DAY and urge all citizens of our community to join in supporting the BSU Broncos in their upcoming football game. .~ GRANT P. MAYOR ~ ~~~ ~ ~ ..~+~n~.~,rl ~,~ ~~v. ~ Y~ '~1' ~. ~, .~., o ~ t ~ ~4V ~ y4; p`r:x ~ ~ ~ ~, t ~ '~ '~~Y / ~ ~ ~. G`~e- '~'^1~ °$~'~' } e~d M;~'~.A'+~ +. ,.~..''P ~ ~gvW''~ ,i~"". "'~R~i~~ ~. ~ ~~~~'~ ~ ~ ~`~; . ~ • ~ ~, :~ : _ . ~ 1 , ~ ~ _, fj , ~ -~ ~ ,,. ORDINANCE NO. 678 ° - - ~ ., ~ ~~;`~'~ ;;! e AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE j~j~ THE SOUTH 59~ ZONING OF CERTAIN REAL PROPERTY WHICH,IS DESCRIBED AS FEET OF THE NORTH 67 FEET OF THE EAST 17 0 FEET OF BI; 41 f~;~ ~ OE T.~ _ AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO ~I~IA ~, `~ L ACCORDING TO THE PLAT THEREOF FILED IT1 BOOK 7 OF PLA~S, AT PAG 299, RECORD5 OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTYVE "DATE.: ~ ~,~ ~~7 t;= WHEREAS, the City Council and the Mayor of the ~ity of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-15 Residential to C-C Community Business District, for the following described parcel: The South 59 feet of the North 67 feet of the East 170 feet of Block 2 of amended plat of F. A. Nourse's third addition to Meridian, according to the plat thereof filed in Book 7 of Plats, at page 299, records of Ada County, Idaho NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The South 59 feet of the North 67 feet of the East 170 feet of Block 2 of amended plat of F. A. Nourse's third addita.on to Mex~idian, according to the plat thereof filed in Book 7 of Plats, at page 299, records of Ada County, Idaho be, and the same is rezoned from R-15 Residential to C-C Community Business District, and 5ection 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for re2one. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, and the Uniform Building, Electrical, and Plumbing Codes. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-15. REZONE ORDINANCE - MARTELL PROPERTIES Page 1 LJ n U Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved ~ly the Ma r of the City of Meridian, Ada County, Idaho, this ~~ day of ~'/, ~t~c~ , 1994. -- GRAIVT P ~ K ~.~~ ~~~ ATTES : r~,~ 3~P3JY~,~ .~ .~' ~ "~ ~' l.c . .Hy , ~ `d~ .r,ss~+ ~j~ G~-.~ 'L(1~ ~;s ~„ n, ~ `s: W LIAM G . BERG, JR . - ITY CLERK ~ ~i~ ~ ~~, ~'~ ~.~, ~~ ~~ ~ ~q~ ~, ~, . ~~~ ` ~' ~~~~',~ '~'~.^~ ~,~:~,~ ~~, , . ,. ~~~~ ~ ~'~ , ~' ,~ .. , STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF TAE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS THE SOUTH 59 FEET OF THE NORTH 67 FEET OF THE EAST 170 FEET OF BLOCK 2 OF AMENDED PLAT OF F. A. NOURSE'S THIRD ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 7 OF PLATS, AT PAGE 299, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 678 , by the City Council and Mayor of the City of Meridian, on the r5-~ day of ~ov~~,,,be-,, , 1994, as the same appears in my office. DATED this ~~ day of ~ ~~ ~~ ~ ~ ~ ~ '~`.~a : ~ ~r ~ ~ ~'.~~'v c~a Q~; ~ '~'~ ~ ~ a'y FaC~ ~ ~~? ~ ~ ~ "~sti.'. ~ ~" '~~ft ~~ ~~ f R. +..~.+~ ~~•Ea~ ~ Z''~'`~'V~'~~.~ ~',; ~f '~"~~'~' ~~ ~~ r ~~ ~ ~"~,.:~:~s~~`~ , ~* ~ave r.~~-~'~' , 19 9 4 . c-..___. ity Clerk, City of ri. an Ada County, Idaho REZONE ORDINANCE - MARTELL PROPERTIES pa9e Z ~ e r • ~ ~ STATE OF IDAHO,) : ss. County of Ada, ) On this ~ day of /~dv~ti-,6G~' , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AO~e?e~ ~sos~ ~ra~va. •, ~~~ ...`. -~~~,, ~•^~ °Pi ~~" ~ ~ ;~ EJ~ o *R~"~ r,_• •^ r~ `' f~°7 a: ".~ `;a SEAL T ~ ~ ~~ `-~; ~, ` , ,, t '°~ ~ ~ ~ ~~~. ~ a ~. ~ ~~ ` _ ~ c, o ;~ . !y~~. '','~~~'~:ooo~~oo~e~~~~`°~o t ry Yut~tic ~fer laano iding at Meridian, Idaho ly~ eo ~..~.lss;,•~-- ~~~o~~<S O~'~~/yy 0 7 REZONE ORDINANCE - MARTELI~ PROPERTIES Page 3 , ~ ~, ~~l~t. ~~t~",'1.. ~ /~-, ~ •~-{,~ , ~Y~ ~ ~ 7 ~'~" ~ D- ~ ;~'~ ~' ~~° !~'/~;~c~- ~ o~ ~a. ~~~;~. -Hh~.~c. $~ ' . ~.-t,,t ~ ~t~v ~~ ;; 3 ~J., R t~, BM. ~~ „ „ ,, ,, ;~ - ---- -- i ---------- ----------------~y~~-~1--~~E_---------------------- j % 7 i i ' i ~ ~ i ~ ,~~ I i ~ 1 // I ~ ~ 1 ~ // I ~ I I ~ ~ i ~ I I ~ ~ I I 1 ; j; A N SE'S ~~ I I ~ ~ ' i i i i ~ i ~ i i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g I( I I ~ ' r I I ~ ~ ~ i i i ~ ~ i + ~ ~ ~ I I ~ ~ ~ I I ~ ~ ~ I 1 ~ ~ ~ ~ ~ ~ THIRD ;' i I I ~ I I ~ ~ ~ I I ~ ~ ~ I I ~ ~ ~ ~ ! I ~ ~ i `___-_'_-~__"_ ~ . 1 ~ . I f ~_____'.~-___ 1 i _'1 1 j ~ ~ I 1 ~ I ~ I I ~ 1 ~ I I ~ I ~ 1 I I ~ ~ i i i i ~ ~ r ~ i ~ i i , i , i i i i i ~ ~ ' ~ i ~ ~ i i ' ~ ~ 1 ~ ~ ~ I ~ ~ 1 `----~~------' 4 i ~ i ~ i`_'__'_ _-_'_~l 1 ~ ~ j I ~ ~ 1 ~ 1 j ~ I j I ~ I ~ ~ I i ~ I ~ 1 I ~ ~ ~ I ~ ~ 1 ~ , ~ ~ ~ ~ ~ ~ ,~~ ~ , ~~~ ~ ~ , , ~ i ~ ' ~ ' "_'__'LL"_^-y I . i 3 ; i i^------- -- - i ~ F"' ~ ~ I ~ I~~ I ~ I. I r~ I ~ I ~ I I ~ 1 ~ i i i W~ ; ~ 1 ~ I ' ' ' ' a thlD~ I i ' ; ~ ~ ~ 1~i . lv~ P~ ~ ~ ~ I I ~ I ~ ~ ~ 1 I I ~ I 1 ~ _-__'LL_'_'_~~ ~ 1 `_'__'y'~~C~ ~_____ I ".__'_'_~ Wrkl 'I_ ~______`______ I ` r _-______'_~ I I I ; ; f , n i~ I I ' I I ~ ~ I ~ ~ I ~ I ~ ~ i ~ ~ i ~ ~ ~ ~ ~ j I j ~ 1 I I I - ,_ ~, ;~ - _,~----- ~ ~------ --- ------J ---- -AVE ---------------~ ------------ ------------------------ - ~ ---------------- ~, , , ~ ~ j~ ~D C ~ C 1 I i 1 . ~ I J a7 ~s 1 I p lt ~ I ~ ~ I ~ 1 ~ o ~~~ ~ i ~ i ~ F i i i ~ i i 5 ) ;;, ,6;;, Eoo,o~;,4 ~ ~ 1 I ~ ~ ~ , __'_'_ \ .._1 ..._....._.__. ~ . I I ---- ...._.__,_ _._________'_____'___'___'"' J . .. .~ '-____ L_____' ,------------. .f i ; ~ I ~ ~ ~ I I ~ I I t ~ ~ ~ ~ ~ 4 L 1 ~I ~ ~~ 1 i! ; SUB. ~ I i ~i s i I ~ ~ • IOH I 1 ~ I ~ ~ --_ _'_' i~_'_"'_____' I ~ I ~ ~ ~ 1 ~ I ~ I ~ ~ I 1 ~ ~a i i ~ ,s ~ ~ t ~~~~------ ----~I 1^----~~~ I i i i i ----~I ~~-----~ i ---- ~ i -, ~ ---- , ~ ~~ ,~ ~ ~ I ~ ~ ~ I ~ I I ~ I I I ~ I 1 1 ~ i ~ ~ I ~ 1 I ~ I I I ~ I ~~ ,~ ~ ~ I ~ ~ I ~ I '_'__l_l ____' !i \ ~ ~ \ \ ` J ~ ~~ I ~ ~ ~ ' ' ~t ~I ~ I 9 I 6 1 7 ~ ~ ~ 1 ! { + ~ ; SUB ' L ; 21V0. 1 ;~ I I ~ ~, ~ ' MILTO.N ~, ~ ! ' SUBDIVISION I '~ . I ~ ~ ~ I ~ I 1 I ~ ~ I I I ~ ~ ~ ,, , ~ ~ ~ I I ~ j i I ~ 1 1 ~ I I 1 ~ I I I ~ j I I ~ ~ I 1 ~ I ~ I ~ I 1 I I ~ ~ ~ '___ _'_ ___ I `'_______ ___'_'_"_'~ ________ ; ------- T -ID----- ~ ~ I ~ i • s ~ s I ~ 2 9 • 5 j SBI~SI N~ ~~------------------------------ = CARLTQN__A_V~_, ------------------ I 1 ~ ~ ~ ~ G ~ ~ I ~ • 6 a ~ i ~ • s to mz ~ ~ t : 1 a• ~ i r ~ ~ ;~ ~ 5 1 ~ c~ F ~. ~ ~ ~~ ~ , ~ ~ ~~ I 1 0 ~ • 9 1 ~; i ~ 9 ] t ~ ~, H E ~ ~ ;; ______ ________~ '_-~ L____-'___-'____'_J L_________ w~ir ., +-~ J `I _.. ! i ~ . . ~ ~ ~ ;-, - , - ; ORD I NANCE NO . CJ~ ~~ C.. ~~~ O'~ I~~e t~t~C-q1~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE ~EAST HALF OF ~I~E~;;~OUTHE} ~.~ ~, QUARTER OF THE NORTHWEST QT;IARTER OF SECTION 11, TOWNSHIP 3 NORTH,` ~ RANGE 1 WEST, BOISE MERIDIAN, ADA COUN~•Y, IDAHO; AND FROV ING AN EFFECTIVE DATE. ,=~ „~ t-~~b - , , WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The East half of the Southeast quarter of the Northwest quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the sievelo~ment of the property shall be subject to and controlled by the Subdivision and Dzvelopment Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the ANNEXATION ORDINANCE - HAVEN COVE NO. 5 Page 1 • • development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the developanent of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-~15, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusi.ons of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one ( 1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is nere~y de~.lared to exist, tl~is Ordinance shall be in full force and effect from and after its passage and approval as required by law. ~ PASSED by the City Council and approved by the City of Meridian, Ada County, Idaho, this ~~ day 1994. ,.~, ,: , ~ x .~ ~, •-,w~: ~y( 4 ~d341 Rvl Y`" ~?- J{Dr~' 1 s•'Sr~ `` ~ ~ y ~~\~ ~i~ ~ rW W~. ..J r o~ N ii Y'~ ~' +b.9~ 2 ~~' e~ ~ wtn` ~ +~.kP9~ '~' . '~, '~ .. ~y.3 ~• U ~~ TM.n t~ ~ ~ n ~ fi }±, d':.~ ~ Rx ;~„ ~' a #,~~'_ ~ ,>4 ~~i ~ ad ,.. .tm ~ c °~.a C,,,~'~ r ' , .r s ~c; ~ 1 ,,tA ~a.ww, '~ ~~. „ ~ +.s ~, M ,~,n ~,5 ,„ 5.,' .~.. k'",~,s wti;; ~ f~ M S44 Ld' ~q"r~y/~i4. ~'~ k ~ ~' ~ ~.eJ,i ~ ~OS, g.C" ATTE S T : rt -~~ti£ ~ ;" ~ ~ ~s ~. ~ .~ ;~''r *~~~,4p_ ' ~ ~ ~ ~ ..;~~"'` APPROVED: v-vv - ~ . -- GRANT P. ,~~~_._:.,.,~ ~~°--~' , . WILLIAM G. BERG, JR. -- ITY CLERK Mayor of the of • , /~dvt'nz b~r ANNEXATION ORDINANCE - HAVEN COVE NO. 5 Page 2 • ~ STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a txue, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEX1NG AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH~ RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 6 75 , by the City Council and Mayor of the City of Meridian, on the /5~~`' day of ^~-~~, 1994, as the same appears in my office. 1~~~2rh bt~r '/ /~/o lier~. ~i er DATED this ~-~ t~ day of ^~~~~_-, 1994 . Y' ~y~ ~ ~'i ~ R fI. f , ~~''. ~ , ~~' «~„ v~` =•x~ ~' e~, y~ ` ~: a t . `^Cr~ `.~' ~: ' ~ ,,,'. . ~,,~ .~ ,e ~ .. C3y `r ~~r,~» g'~ ;~ "»ti. ~,? ,« x, p~ a r ~ ~ sa {~~ `~s, ~a a h s ~°y" . ~ M: w ~ ! '~~.~ (i tA `~3w;. ~~.i;ia ~~`~ #ws ,'*_ ~' ~ '.~o-' ~~~1°,. »tlvzi '~°~,t'!}~ ro~ w~'^ ~b~~ " `~ ` i,`h ~ dy~~`",~~v~' ~'f~~ ~hyy'ti ~~"~" ~"y~ €c;btl.x y~+ja ~+~' ., 1 t' ~~ ~ ~ ~ ~s~y~ar` ~~.. STATE OF IDAHO,) . ss. County of Ada, ) . ~~~. City Clerk, City ridian Ada County, Idaho On this ~~~~h day of October, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed t.he same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~e~s'^ ~e ~i ee~,~i9,s~ ~~~r~~~ ~ ~ ~~~ SEAL ~~ ., -~ `'° No ry Public for lda t~~, ~~ ' R sidi g at Meridian, ~ ~^° M Co ission Expires ; ':~ ~'~ ~ : ''s,',,''~ ~~~ 1 11 7~f IF~ 1~~,`,`~,vo ho Idaho a ANNEXATION ORDINANCE - HAVEN COVE NO. 5 Page 3 ' , ~ ~ i ~ , , . ~ ;- ~~~ '~ ~ ~~ ~, ~~-~ i i ! l, ~ ~ ----- ~~ ~ i , ~., --------------- ~ ~ ----, ------- --•. ,------ , --- 1 -__ ~` ~~--- I . _, i ~ i i ------------------` i i j i II ~_~ ~ i ~ ~ .. i ~ i ~ 1 i i ~ t ~__ ~ ~i ~ i ~ ~ ~ ---~ ----------- ~ - - ----~-- - - - ` - - -~ -~----------------------- - --- ---------------------------~ -------------- --- ----------- - "` • " ... ~ - ~ ------- _ _ ~ .~ ~ ` ~ • ~ i ~ '~.. , s ~ s~ \ ! ~ 20 19 ' A,. ~ ` ~ ' A ~I ~ O I/ J~' . i/ ~ /~~~__,! 1 \ ~ . ( W. 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