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HomeMy WebLinkAbout2004-05-18• CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, May 18, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: 2. 3. 4. X Shaun Wardle X, Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Adoption of the Agenda: Update of the Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: Presented (* 20 minutes) Three Cities Rivers Project by ACHD — Katey Levign and Sally Presented (* 30 minutes) *Approximate allowable time set for agenda iters may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre -Council Agenda — May 18, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, May 18, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Update of the Assessment for McQuade, Ada County Assessor: (* 20 minutes) the City Of Meridian by Robert 4. Three Cities Rivers Project by ACHD — Jay-Sshweitaor: (* 30 minutes)�r,f� *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre -Council Agenda — May 18, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings Please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. • CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, May 18, 2004 at 6:00 p.m. City Council Chambers 1. Roll -call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Update of the Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: Presented (* 20 minutes) 4. Three Cities Rivers Project by ACHD — Katey Levign and Sally Presented (* 30 minutes) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre -Council Agenda — May 18, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. May 14, 2004 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT ITEM NO. REQUEST Three Cities River Project by ACHD — Jay Schweitzer Assessor AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. 1. 2. 3. 4. 5. 6. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA - Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers Roll -call Attendance: X Charlie Rountree X Bill Nary X Shaun Wardle X Keith Bird X Mayor Tammy de Weerd Pledge of Allegiance: Max Community Invocation by Robert Curler with Christ LuthWari Church: Presented Adoption of the Agenda: Approve . ESGR Statement of Support: Approve / Signed Consent Agenda: A. Approve minutes of April 27, 2004 City Council Regular .Minutes: Approve B. Findings of Fact and Conclusions of Law for Approval: PPP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for River i Courtyard Condominiums by N.M. Enterprises - south of ' ast ' Overland Road and east of Celebration Avenue: Approve C. Findings of Fact and Conclusions of Law for Approval. CUP 04-007 Request for a detailed Conditional Use Permit for: Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises — south of East Overland Road and east of Celebration Avenu+a . Approve D. Findings of Fact and Conclusions of Law for Approval: Prop 04-002 Request for Preliminary / Final Plat approval for the re= subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision . Meridian City Council Agenda — May 18, 2004 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 I No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridgetower Crossing/Gallery Subdivision by Primeland Development, LLP — northeast corner of West Belltower Drive 'and North Ten Mile Road: Approve E. Findings of Fact and Conclusions of Law for Approve: REVISED AZ 03-029 Request for annexation and zoning of 26148. acres from RUT to R-8(PD) zones for proposed Sheridan ftce'. Subdivision by CMD, Inc. — north of East McMillan Road and east of North Locust Grove Road: Approve F. Findings of 'Fact and Conclusions of Law for Apptoyaf- REVISED PP 03-035 Request for Preliminary Plat approval of; 50 building lots and 15 other lots on 15.34 acres in a proposed R4 (PD) zone for Sheridan Place Subdivision by' Doug Campbell— north of East McMillan Road and east of North Locust Grove Road: Approve G. Finding of Fact and Conclusions of Law'- for APp rova(: REVISE CUP 03-060 Request for a Conditional Use Permit for-6 Planned Planned Development for single -family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for propose Sheridan Place Subdivision by Doug Campbell north of East McMillan Road and east of North Locust Grove Road: Approv H. Affidavit for Correction to Sanitary Sewer Easement WO' Holder Properties (T-Mobile PP : ect Pro1j' Approve ) 1. Development Agreement: AZ 03-035 Request for Annexation , and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bride Subdivision by Capital Development.- 2205 East McMillan Road: Approve 7. Department Reports'- A. eports:A. Mayor's Office: 1. Economic Development Coordinator: Approve RFP 2. Senior Citizen Request for $4,000.00: Approve 3. Smmer Intern Program: Approve Deparh1noht Pr�posals 8. (Items Moved f�om Consent Agenda) Me�idian City Council Agenda — May 18, 2004 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. FP 04-030 Request for Final Plat approval of 30 single-family residential building lots and 6 common lots on 9.01 acres in a R-8 zone for Bal 1 Park Subdivision No. 8 byCapital Development, Inc. — north of West Ustick Road and east of North Linder Road: Approve 10. Public Hearing: AZ 04-006 Request for Annexation and. Zoning of 3.06 acres from RUT to L -O zone for Southstone Subdivision by Pinnacle Engineers, Inc. — northeast corner of South Eagle Road and East Girdner Lane: Continue Public Hearing to May 25, 2004 Meeting 11. Public Hearing: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L-0 zone for Southstone Subdivision by Pinnacle Engineers, Inc. northeast corner, of South Eagle Road and East Girdner Lane: Continue Public Heating, to May 25, 2004 Meeting 12. Public Hearing: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres, SubolviloWw No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: Attorney to Prepare Findiing;s of . Fact and Conclusions of Law for Approval 13. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single-family residential building lots and 2 common lots on 5.273 acres in a proposed R-4 zone for proposed Packard. Acres Subdivision No. byr Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: Approve Remanding back to Planning and Zoning Commission 14. Public Hearing: VAR 04-002 Request for a Variance for reduction of the setback of the existing house on Lot 21, Block 5 from 20 feet to 13.55'feet for Packard Acres Subdivision No. 3 by Packard Estates Development; LLC — south of East Ustick Road and east of North Locust Grove Road: Deny 15. Water, Sewer and Trash Delinquencies: Approve 16. Ordinance No. 04-1078 RZ 04-003 Request for a Rezone for .17 acre from I -L to O -T zones for Brandon Wright by Brandon Wright 631 West 1 st Street: Approve 17. Ordinance No. 04-1079 AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed SettleiMat Bridge Subdivision by Capital Development -2205 East McMillan Road: . Approve Meridian City Council Agenda — May 18, 2004 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird - )�_ Mayor Tammy de Weerd 2. Pledge of Allegiance: /%tom 3. Community Invocation by Robert Curler with Christ Lutheran Church: �rrJ� t d- 4. Adoption of the Agenda:Jvtic. 5. ESGR Statement of Support: a yv rt 6. Consent Agenda: A. Approve minutes of April 27, 2004 City Council Regular Minutes: a jj B. Findings of Fact and Conclusions of Law for Approval: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Courtyard Condominiums by N.M. Enterprises — south of East Overland Road and east of Celebration Avenue: x c. C. Findings of Fact and Conclusions of Law for Approval: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises — south of East Overland Road and east of Celebration Avenue: v --c D. Findings of Fact and Conclusions of Law forApproval: PFP 04-002 Request for Preliminary / Final Plat approval for the re- subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for BridQetower Crossing/Gallery Subdivision by Primeland Meridian City Council Agenda — May 18, 2004 Pagel of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Development, LLP - northeast comer of West Belltower Drive and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: REVISED AZ 03-029 Request for annexation and zoning of 26.48 acres from RUT to R-8(PD) zones for proposed Sheridan Place Subdivision by CMD, Inc. - north of East McMillan Road and east of North Locust Grove Road: 112ff, /VVIC- F. Findings of Fact and Conclusions of Law for Approval: REVISED PP 03-035 Request for Preliminary. Plat approval of 50 building lots and 15 other lots on 15.34 acres in a proposed R-8 (PD) zone for Sheridan Place Subdivision by Doug Campbell - north of East McMillan Road and east of North Locust Grove Road: 67 VI-It- G. I-I -G. Findings of Fact and Conclusions of Law for Approval: REVISED CUP 03-060 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for proposed Sheridan Place Subdivision by Doug Campbell - north of East McMillan Road and east of North Locust Grove Road: ��j rlvin.c— H. Affidavit for Correction to Sanitary Sewer Easement with Holder Properties (T -Mobile Project): 999, c_ I. Development Agreement: AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development - 2205 East McMillan Road: 7. Department Reports: A. Mayor's Office: 1. Economic Development Coordinator: 8. (Items Moved from Consent Agenda)�o � L 't)' r ,h / W rn'o" ` 9. FP 04-030 Request for Final Plat approval of 30 single-family residential building lots and 6 common lots on 9.01 acres in a R-8 zone for Baldwin Park Subdivision No. 8 by Capital Development, Inc. - north of West Ustick Road and east of North Linder Road: 41P)"v v,.e-- 10. Public Hearing: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L -O zone for Southstone Subdivision by Pinnacle Meridian City Council Agenda — May 18, 2004 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 0 0 Engineers, Inc. — northeast comer of South Eagle Road and East Girdner Lane: iyww P/A /V 11. Public Hearing: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L -O zone for Southstone Subdivision by Pinnacle Engineers, Inc. — northeast corner of South Eagle Road and East Gironer Lane: 12. Public Hearing: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: 13. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single-family residential building lots and 2 common lots on 5.273 acres in a proposed R-4 zone for proposed Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: 14. Public Hearing: VAR 04-002 Request for a Variance for reduction of the setback of the existing house on Lot 21, Block 5 from 20 feet to 13.55 feet for Packard Acres Subdivision No 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: ceeA.& 15. Water, Sewer and Trash Delinquencies: a&Y-490"-- 16. Ordinance No. l ®78. RZ 04-003 Request for a Rezone for .17 acre from I -L to O -T zones for Brandon Wright by Brandon Wright — 631 West 1 t Street: a)72yw>,—, 17. Ordinance No. O`1- / 0 79 AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: a Meridian City Council Agenda — May 18, 2004 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meting. Meridian City Pre -Council Meeting May 18, 2004 The Meridian City Pre -Council meeting was called to order at 6:00 P.M. on Tuesday, May 18, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Gary Smith, Anna Powell, Jill Holinka, Bill Musser and Will Berg. Item 1. Roll -call Attendance: X Bill Nary X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move that we adopt the agenda as published. Rountree: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Update of the Assessment for the City Of Meridian by Robert McQuade, Ada County Assessor: Nary: Mr. McQuade. McQuade: Thank you for giving me the opportunity to come up here and chatting with you about the assessed values. I think you are all pretty interested in that. We are going to be sending you assessment notices out the weekend of the 28tH So, I thought I would just stop by and tell you what's going on in the commercial real estate market and residential real estate. I really doubt that I am going to be telling you anything that you don't know already or that you don't have a gut feeling for. This, I think, will probably just confirm what you feel or you know already. Also, I wanted to just stop by and tell you because a large piece of your Meridian City Pre -Council lGfeeting May 18, 2004 Page 2 of 16 budget comes from property taxes and assessed value is certainly an important component of that. I am going out on a limb. Years ago we decided to do this, even though my predecessor wouldn't do it because these numbers change somewhat. But several cities were calling me and asking for this information. I thought, well, we will just go ahead and just give that to them anyway. So, I would just hope that you keep in mind that we are very early in the assessment process and that these numbers are going to change somewhat, especially just (inaudible) the assessment notices out. People are going to be calling, we will be revising the values and we will go through the Board of Equalization, the Board of Tax Appeals and so the numbers will change somewhat, but I think with that all being said I think these numbers, still, are really important to you and we look at them and they really give me a feel of what's going on. You do have a handout that Will Berg passed out a few minutes ago. It will look something like this and if you wanted to follow along — (inaudible). First of all the total market value in Meridian is 3.3 billion dollars, that's at 18 percent and that is really just a great number, especially when you look in terms of the other areas in the county. Last year it was at 14 percent and that was really a robust number. So, it's even beyond that. The taxable value is 2.7 billion and that's at 19 percent over 2003 and again comparing the percentage change to last year, it was at 15 percent, which is really strong throughout the county. Taxable value is 82 percent of the total value — that is the market value less any exemptions that would — specifically we would really be looking at the homeowner's exemption. The residential parcel count is $18,029 and that's up 12 percent. Last year it was 10 percent. It's just phenomenal growth going on over here. It really is the residential market is what is just so strong. The residential market value is 2.3 billion and that's up 20 percent and last year it was up 15 percent. I think you guys just have so many challenges that you have to face because of the booming residential market over here. This to me is really an important number and that is the meeting increase on existing residential properties. It's up 1.6 percent. Last year on existing residential it was 2.6 percent. Countywide we are looking at increases at about 2.3 percent. To me that's really important because usually when we have problems it's coming from the high increase values of residential properties. In Boise where we have older neighborhoods, there we have much larger increases on the existing residential property. Why would we have the difference 1.6 percent compared to the large increase? Meridian is a fairly new community compared to a lot of the older parts of Boise. We really have a good handle on existing residential property in the new residential property and the further we move away from 2003 or 2004, that's when we see the larger increases in value. The commercial market value is $924 million. That's up 11 percent. That's down 13 percent over the previous year. Moving on to the new construction piece, that's important because we — our values, our budgets, we get to increase them 3 percent over last year, plus last year's levy times the new construction component. Market value of new construction was $200 million. It's up 11 percent. Residential parcel count. You had 1,138 new parcels. Last year we had 871 new parcels. The new residential construction is 113 million. That's up 44 percent over last year's new construction in residential Meridian City Pre-Councill0leeting • May 18, 2004 Page 3of16 property. Commercial you have 56 new parcels at 33 million and that's up from 54 parcels last year and it's on the count it's — you really haven't seen a lot of growth in the number of new commercial, new construction. In fact, the value is off about 32 percent, so your commercial is not nearly as strong as you're residential. We have new subs change of status — that would be if you added a farm that was subdivided — that would then become the new subs. 54.8 million, that's up 1.5 percent over last years 54 million. Urban renewal — this to me is a real important piece. Some areas we are seeing problems because of urban renewal and it's starting to take a large piece of the budgets. Urban renewal is 18.7 million this year compared to 10.6 million last year. That's a 76 percent increase. It seems like where we have the urban renewal areas — that's where we are seeing the largest increase in value. (Inaudible---) this is also an interesting number and that is the tax burden. That is who is bearing the biggest piece of the property tax. Residential is 62 percent compared too commercial at 38 percent. We are seeing a shift. Last year residential (inaudible) 59 percent of the property tax burden, while commercial was 41 percent. So, we are seeing a bigger shift over to the residential property owners and why I think that is really a critical piece, last year in the legislature there were several bills trying to deal with controlling property taxes and almost every one of them was addressed at residential property tax, so we see more of the burden going over to residential property owners. I think we are going to see even a larger movement of (inaudible) something with the property tax, whether it's capping it, making exemptions for seniors and I really do expect to see even a larger run in the legislature this next year. So, this is why the tax burden, to me, really is — it's pretty important because the residential property owners are very concerned and we are going to see even more of it being pushed over to them. Mayor and Council members, that is my report of the property taxes or the assessed values, at least, over in the City of Meridian. Nary: Any questions for Mr. McQuade? Rountree: I have none. Bird: I have none. Certainly was a nice report. De Weerd: Mr. Nary. Nary: Madame Mayor. De Weerd: I guess I have a question and I don't know if you can answer it. Where I see our new construction is where we can in some regard, meet some of the new service needs of our growth. But, in figuring new construction -values that's based on a shell and core and it doesn't include any of the personal improvements or the tenant improvements when that shell is filled — is that correct? Meridian City Pre-CounciReeting May 18, 2004 Page 4 of 16 McQuade: Under the new construction that is correct. But, that is going to show up as an assessed value (inaudible) that's going to be included in the commercial property because all of the tenant improvements are going to be picked up in the commercial appraisal — De Weerd: Which falls under your 3 percent cap, which drives your levy rate down. McQuade: Yes, yes. De Weerd: So, we don't really benefit from the new construction or the tenant improvements. For example, you have a building like what we did at Linder Crossing and you have eight businesses in there. While the new construction was valued on just the shell and core and not as each new business came in there and did their tenant improvements to personalize their own space, so that value is not captured in new construction, even though it is associated with new construction and certainly is associated with the service demands to service that new business. Same as, I guess, my soapbox at this time happens to be when you have an empty building like Jabil; it went from $65 million dollars in market value to $20 million when the personal property was moved out. Now, when a tenant fills that it could possibly go back up to $65 million dollars you are capped — you know those tenant improvements or anything they need to do won't be captured in your new construction, so really your shifting your burden from other parts of your community when you put someone in there and they become a large employer again because you can't capitalize on the new market value. It is more of an incentive to go build somewhere than to fill existing buildings because you don't benefit by it. So, do you have any solutions to that? Can you pull that out of your hat? Nary: At least it was an easy question. McQuade: Well, Madame Mayor that is a very good question. I think the people really with the answers to that would be your legislators because it is by statute that this is all set. Perhaps after the election you could get with them and express with them what you just expressed to me because I think you make some very good points. De Weerd: I guess follow up — when you determine new construction do you have any leeway to consider the finished product, rather than what the building permit is based on. McQuade: Madame Mayor, you have got me into a corner and my back is against the wall and you are going to force me to say something that I didn't want to say and that is it possibly could be included in there because under certain parcels, especially with commercial property, some things whether it's considered real property or personal property there is some room for discretion Meridian City Pre-CouncillCAeeting • May 18, 2004 Page 5 of 16 and our personal property appraiser and the commercial property appraiser they will sit down and hash this out. So, we try to work that out so I — well, I guess the long and short of it is there are cases where there are pieces of property that one could say this is personal property (inaudible) included it in the real property appraisal. We don't like doing that, we try to avoid that, but that does happen because there is some judgment involved in this. De Weerd: I guess my question then would be the market value will be the same, it just depends on where you put them and our taxing formulas. Certainly, we would rather have it in new construction than putting it up into the market value because the market value is capped and that is certainly a restraint to us where as, you know, we would like to certainly realize the full value in the new construction. Could perhaps you report back to us on that? I certainly would be interested. McQuade: Okay, I'll tell you if I may, but, I am on a committee that the tax commission has put together to study how properties are being categorized and it's really going to impact this and now that study is going to be, I think, better definitions. So, I think with the outgrowth of this is going to be is perhaps we will be less inclined to put real property in with real property. So, if anything we are moving away from like what you want, but again really it is a statutory problem. I would be happy to get back in touch with you as we are moving through this and giving you an update of where we are headed on it. But, I know what your concern is and I think it's a real good concern and I will certainly make this known to the members of the legislature that I run in to and other people involved in the property tax process because when a business does open up they do bring a lot of personal property into it and that's when you are going to need fire protection, police protection and it's going to be a real demand on your services and right now it's not really being captured in the growth component. De Weerd: Umm hmn. Thank you. Nary: Any other questions for Mr. McQuade? Bird: I have none. Rountree: No. Item 4. Three Cities Rivers Project by ACHD — Katey Levign and Sally: Nary: Which one of you is Jay Schweiterzen? (Inaudible discussion) Levign: Mayor De Weerd, President Nary and Council members. Katey Levign, PPC Manager for ACHD and my first order is to extend Jay's apologies for not Meridian City Pre-Councill`lleeting • May 18, 2004 Page 6 of 16 being able to be here, so, I will tell him you all recognize that he wasn't here. Second of all, I did bring the real expert on Three Cities Rivers Crossing and that is Sally Gadell right behind me to talk about that and she will give you a little bit of a history, the current status and the next steps and a little overview of the project and then I am here to answer funding questions in the (inaudible). I know there has been some concern on Three Cities River Crossing and how it's going to be funded. I don't know if I can do any better than Council member Rountree there, but we will give it a shot and I also didn't know if you wanted to hear anything on the Locust Grove overpass, so I am ready to address a little bit of that too. I will let Sally go first. Where did she disappear too? Okay. Gadell: Mayor De Weerd, Mr. President and Council, thank you for letting me come and visit with you. I brought a few things to really as much for your future reference as tonight, but I may refer to a couple of them. I will offer them to you. This is an overview of the projects that we used at a public meeting in February; it's still quite (inaudible ----). This is a set of — Katie you know we can put that down and I will just grab it when I need it. It's hard to see from here anyway. The lighting isn't all that great. This is just a set of frequently asked questions and answers that we put together for a variety of situations about the project. Again, I will refer back to these; I probably will not refer to this specifically, but it might be of value to you in the future. Okay. Just a little background here. This project is about creating a new River Crossing and a new crossing of the bench somewhere between Glenwood and Eagle Road. There is a four -mile stretch where there is no way to get across the river and it would connect State Street and to Chinden Boulevard. Actually, if you look in that PowerPoint Presentation at the fourth page, there is a good, simple overview of the — or map of the project area. The idea of putting the River Crossing in this area was first contemplated in 1961 in the Ada County Major Thorough Fairs Plan. They propose putting a road from right where State Highway 55 hits State Street and connecting it up to Five Mile Road. That was not implemented at the time and again in the 1990's when Ada County Highway District took a look at the Bench to Valley study they reconfirmed that there was a need for the road in the area. In the Bench to Valley study they looked at a 33 square mile area and the principle purpose was to figure out ways to get across the Boise River and across the Bench, which is a (inaudible) transportation in that area and they recommended again in the (inaudible) Valley study that this road be put in place. It had a slightly different configuration in that study. They recommended coming off of Highway 55 and then splitting, after you cross the Boise River, splitting into two separate roads. One of which would link up at Cloverdale and one of which would link up at Mountain View. I think most of those are on — yeah, those are all on the map if that's helpful. The reason that the split or what's commonly called the coat hanger was proposed was to mitigate concern about — or impacts on traffic, impacts on neighborhoods to the south of Chinden. So, the coat hanger in that particular link has been included in the long-range transportation plan and it was included in the 2015 plan, the 2020 plan and the 2025 plan. The current study basically begins to implement that Bench to Valley study recommendation. We Meridian City Pre-CouncllCleeting • May 18, 2004 Page 7 of 16 started the current study in December 2003 and what is within the scope of this study is to get the environmental clearances for and do enough concept design so that we can get ACHD in a position to be able to inquire right of way. That, at this point is as far as the study will go. Right now there is very rapid development in the area and it is certainly to ACHD's advantage to be able to purchase that right of way before there's houses and businesses that we need to be dealing with if that's possible. There was also an opportunity to coordinate with a project that's occurring at the head of the island, the Flight Control District 10 and the Army Core of Engineers are looking at flood management and environmental restoration at the head of the island in a project that's going on right now and there was an opportunity to get the two projects to come out with outcomes that agree with each other instead of conflict and so that's kind of an opportunity. It is a pilot study under the Idaho Transportation Department's Corridor (inaudible) Planning Guide. Really what that means is that we are taking the environmental studies, which normally happen or in many cases in the past have happened much later in the design process and we are bringing it back early into the corridor planning stage. This is really a pilot under that effort. The only one that I am aware of that we have here in the Boise Valley. The project is going to require an environmental impact statement, which is the most detailed level of environmental analysis that might be required and Federal Highways has indicated that they want to see that occur because we are talking about somewhere between 1 '/2 to 3 miles of new roadway, probably four to five lanes. So, there is a potential significant environmental impact. We are also trying to demonstrate in this project environmental streamlining, which is — the short version here is that the process frequently can take three to five to seven years to get through the environmental process and we are going to see if we can't organize ourselves and deliver the outcome — what we need to acquire right of way within 18 to 24 months. Right now just in terms of status and activities we held our first round of public meetings in February; had about 500 people come to those so we were pleased with that. We were asking them do they think the road needs to be built and where do they think it should go and what do they think are the major concerns that we should be paying attention to. There was an overwhelming yes about the road being built. There was a strong interest in seeing the road link up to the intersection of State Highway 55 and State Street and come south from there. There was strong interest in having it be a limited access road. Many times we heard we don't want another Eagle Road. Strong concern about impacts to the Boise River and also considerable concern as we heard in the Bench to Valley study about impacts to neighborhoods to the south, the traffic impacts in particular. Since then we have done a screening level environmental evaluation and then we held another public meeting in April where we went back with that environmental information and said public what — given this information which of the alignments do you think that we should advance? We have consulted — we are still in the process of consulting with the environmental agencies, with our technical and community advisory committees. What I can show you — we actually have a draft recommendation out to the environmental committees right now, but what I can show you off this, hopefully it Meridian City Pre-Counteeting • May 18, 2004 Page 8 of 16 will be relatively easy to see — what we are recommending, again, clearly based on all the comment that the (inaudible) — this is State Street and this is Highway 55, but the (inaudible) off there — these are all the alignments that were (inaudible) during the first public meetings. Nary: So, we are not going to build all of those? Gadell: No. We thought not. Rountree: Not initially anyway. Gadell: We are going to focus on alignments that come down through this corridor right in here in the middle because there is really the least potential environmental impact through that area. De Weerd: Where all the water is? Gadell: Yes. Well, there is also actually kind of land bridges between the ponds that are not immediately obvious because the lines cover them. Then we are going to look at three potential connections to Chinden. One of them to Cloverdale; one of them to Five Mile; and one of them to Mountain View, which is right here. With those configurations, there is really six different ways that you can put this together depending upon whether it's a single connection or two connections to Chinden and that's the recommendation that we put forward to the environmental agencies. You know, I probably should have said this before, but the real driver for this is that when we look at the COMPASS model and what the future growth is going to look like, Glenwood and Eagle Road reach level of (inaudible) by 2015; with growth and the current conditions — and that includes the system improvements that are in the 2025 transportation plan. So the inability to meet the traffic demand to get across the river in this area is really the driving force at this point behind the project. We hope that we will by the end of June have approval of which alignments to advance for more detailed analysis and at that point we will launch concept design, detail traffic analysis and detailed environmental studies. We hope to have a preferred alignment recommendation by the fall, a draft environmental impact statement this winter and a final environmental impact statement next spring. That will position ACHD to begin acquiring right away really as soon as the summer of 2004 if all goes well. The options for acquiring right of way are many. We could look at — you know this area is developing rapidly. We can work with people through the development process. There has been some interest expressed in public/private partnerships that could help us acquire right of way. We have the ability to use impact fees and potentially other funds. Another element of the project is to do an analysis of potential future funding sources that will occur when we get out to the point where we are starting to think about acquiring right of way. So, we don't know exactly what that will look like. Right now construction is estimated to occur in 2015. It actually shows up in the ACHD Capital Improvements Plan between — Meridian City Pre-Counc4eeting • May 18, 2004 Page 9 of 16 sooner than that. I want to say 11 to 16 years out. The actual timing depends on funding. This particular project was identified as a priority for the Transportation Act, Reauthorization, but it did not make either the house bill or the senate bill. So, we don't know what, when construction would be likely to occur. There is many steps that would need to occur and substantial funds that would have to be put together before we could really launch that. The important thing from our perspective at this point is that we position ACHD to be able to acquire the right of way as the development occurs. So, I think with that I'd like to stop chatting and offer the opportunity for any questions. Nary: Council, Mayor any questions? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: You mentioned that Eagle and Glenwood would reach service "f by 2015. You are only talking a stretch between State and Chinden. How does the traffic disseminate and how would that help the further south part of Chinden by putting this amount of money into this one solution? Gadell: Are you thinking the further south part of Chinden or Eagle? De Weerd: Further south of Chinden on Eagle. Gadell: Okay, thank you, Madame Mayor, it depends on the configuration. It's fairly interesting how you hook up to Chinden attracts different people interested in going different directions, however, it does suggest the preliminary analysis that we have done does suggest that if we work with the connections to Chinden that we described that it actually reduces the traffic on Eagle Road south of Chinden as well. De Weerd: So, it will not be service "f' if this is done further south of Chinden on Eagle? Gadell: That's a good question. I have not looked at that yet. At this point we have done preliminary traffic analysis just for the purpose of screening these alternatives and once we have the alternatives for detailed analysis, we will go and look in much more depth at the traffic implications of various configurations and I know that it reduces traffic on Eagle Road. I do not know whether it reduces traffic below the level of service "f threshold. An example would be Glenwood. Glenwood when you get out to — we are running the traffic models out to 2035 and when you get out to 2035, Glenwood is at level service "f' even with this new road. But, it's a little bit of level service "f' instead of very bad level of service "f. It actually — it creates a significant contribution. So, I can't quite Meridian City Pre-Councill�feeting May 18, 2004 Page 10 of 16 answer the question in the way that you phrased it. I would be happy to get that answer as we do the more detailed analysis on what you know. De Weerd: What kind of models or analysis are you using and I guess the next part of that question would be have you done — do you know — do you have a destination study, too on where that traffic is actually going. If they are going to I- 84 anyway they will head out onto Eagle regardless. Gadell: Madame Mayor we do not have a separate origin destination study, but we have looked at where people are coming from and where they are going using the COMPASS model and that's the model that we use. The one that is the currently accepted COMPASS model and with the configurations that we are looking at right here — what we see is that people come from this sort of northwest quadrant, north of State Street and west of State Highway 55 and then kind of convene towards the crossing. Once they get across the river, they distribute primarily south and east. So, they are going into downtown and they distribute to the south into all of those neighborhoods and along Five Mile and Maple Grove. You don't actually see any one road getting a lot of traffic. Having said that we have done a model run on one alignment that was requested just to try and understand what the traffic might do that comes actually from State Highway 55 and hooks up over here to Eagle Road. When you do that, you look at it that way it actually does — it is people going to the freeway that use it and it does put more traffic on Eagle Road south of Chinden. De Weerd: I guess that is my concern. You mention you use COMPASS model well, they missed the Eagle — Franklin area by — well, I guess they hit it just 17 years early. So, we are concerned about the level of service there far before the level of service to the north as people are attempting to get onto the Interstate and so this is a lot of money for — and I guess I would be interested to know — you solved the service "f' problem in a small portion of Eagle Road, but it doesn't solve it for the other three miles to the Interstate. Gadell: Yes, Madame Mayor I have not looked at the entire length to the Interstate. It does improve at least in the model runs we have done now it does improve conditions between Chinden and Fairview. What we see when we run the model and this is consistent with what they saw in the Bench to Valley Study is that the people who are getting across the river and using these — this particular route, typically they — not very many of them actually get past Fairview. Very few of them are interested in getting to the freeway. The proportion of traffic that crosses the river — that uses that river crossing and head south, very little of it goes past Fairview. It's mostly trying to get into those intervening neighborhoods. We will be able to much better answer your questions about the impacts on the rest of Chinden once we have the approval for the alignments and can do that more detailed modeling. Wardle: Mr. President. Meridian City Pre-Councill`Aeeting May 18, 2004 Page 11 of 16 Nary: Mr. Wardle. Wardle: A funding question and I have heard the initial study term as far as 1 million dollars. Where did — was that a fund that was allocated? Where did those funds come from, I guess, is my question and is that a right figure? Gadell: Councilman Wardle. No it is not, actually. The initial study is closer to 1.8 million. Right now it's not fully funded, but we have about 1.5 million —1.44, 1 think. A million of that was STP urban funds. We have — oh, plus the $145,000. So, there is $1,145,000 that is STP urban funds. The State of Idaho has provided $300,000 the Department of Transportation and then there is the State's match. That's the funding that we have to date and that will take us well through this fiscal year. The balance — I don't think we know where the balance is going to come from. Maybe Katy can speak to that better than 1. Levign: Yes, Councilman Wardle, the $350,000 that's remaining has been requested through the STP TMA funds and for follow on work ACHD's got 1 million dollars of local funds programmed out in the PD. Now, the first million that was obtained from the STP urban funds was obtained when — I can't remember if it was Coeur d'Alene or Pocatello — somebody couldn't do a project and what happens with federal funds is you use them or lose them or they go to the locals and they can go to ITD and if ITD doesn't use them then they have to return them to the federal government. So, there was an opportunity there and you have to be able to do what's called obligate those funds very quickly and a study is easily able to be obligated and ACHD went down through it's list of projects that could meet those criteria and Three Cities was very high on our priority list, so we used it for those. Wardle: Mr. President, may I ask what other projects were on that list? Levign: On our priority list? Affirmed answer. Levign: Oh gosh. At the time we had 112 projects. They ranged from, I think, Franklin Road was the number one project clear all the way down to a project in Kuna — and a couple of projects in Garden City. They would have included everything across the county, but you have to understand that to be able to obligate funds in about three months' time, you cannot use them for construction unless that project is already gotten the design approved and the right of way acquired, so there was constrictions for use of the funds. Nary: I am, I guess, a little curious about this too. I listened to your at least preliminary analysis of the roadway traffic level service. It sounds like a battleship with a huge hole in it and this sounds like a band-aid to me. It's not going to address those traffic concerns to any large degree, it just slows down. Meridian City Pre-CounciliGreeting • May 18, 2004 Page 12 of 16 When we are going to get to "f'? Are we going to get there in 2010? Or are we going to get there in 2015? But, I guess I am just curious — there is no employment centers north of State, now I am going to say a bad word that I heard today at the Chamber, which is Spring Valley Ranch. They seem to be the only one that might benefit by this river crossing to the largest degree. The population base, I guess I don't necessarily see the population base growing north or west — or north or east of Highway 55 -- in the Glenwood area I think the population base is growing west in this county, not north of this except for Spring Valley Ranch. So, we are alleviating one small problem, but we still put these people — they are not driving through neighborhoods. I don't know who would drive from north to south across this bridge into a neighborhood, when there is no employment north of the river. They are going to drive — they drive on Eagle Road and they drive on Glenwood because that's where the commercial areas are. That's where the retail areas are and the access to the freeway and the access to retail. So, to me this gets them across the river in front of HP or in front of Target and they can't go anywhere except to Eagle Road or through a neighborhood and I am not sure why they would want to go through a neighborhood once they cross the river. They either live north of the river and they are driving to a commercial area or they have been in the commercial area south and they are going to go back. So, maybe the south to north traffic is going to be funneled on three roads instead of one or two, but the concern I have is from government we seem to sometimes put lots of different eggs in lots of different baskets and sometimes the criticism that we all get at the end of the day is we didn't get any of them done and I guess for us what we think is a band aid out here is the Ten Mile Interchange and I recognize that's not all ACHD's project, but I am just afraid this project is going to deter other folks from helping on the west end of this valley where I think is where the majority of the growth is. I just don't see it on the north. I guess I am just not real convinced that, you know, thirty or forty million dollar project is that big a priority in comparison to the people that already live here in the west side of the valley and can't get across our town in less than 15 minutes because there is nowhere to go. Gadell: I'd like to address three or four issues that you raised in that (inaudible). Thank you, I didn't mean to bang this off. De Weerd: We make statements, not questions. Gadell: Oh, three or four comments. May I? Nary: Go ahead. Gadell: First of all you are absolutely right it doesn't solve the region -wide problems and probably no single road or solution is going to do that. It improves part of the system, it does not improve the entire system and there are many new transportation challenges that are going to have to be considered. This is just one of a whole number of pieces that have to go together. In this particular case, Meridian City Pre-CouncillGfeeting May 18, 2004 Page 13 of 16 the Bench to Valley Study looked at crossing the Bench to Valley and recommended a whole series of crossings and this is there is only this one and one other that haven't been built. So, you are totally and absolutely accurate that it doesn't address the regional system as a whole. It creates some improvements. Your questions about how the — how people use the road are really questions about the efficacy of the model at this point because we have that tool to look at to try to understand what — how demand will occur and how the road will be used and the model predicts that 35 to 40 thousand cars a day are going to use that river crossing if it's built. If we — if there are questions about sort of the accuracy of the model and the efficacy of the model then I think that we would want to bring someone well versed in the model itself to answer those questions. I just want to be clear that I am not the best person to answer that. With respect to the priority of this particular project, I think it's just very important to consider that ACHD's purpose is to position the Highway District that they can acquire right of way. Questions about the sequence in which the actual project should be constructed are a decision that is subject to the decision-making of the ACHD Commission and with respect to the federal funds of COMPASS and if a conclusion is drawn that they should be constructed in a different order that's certainly a viable alternative. When we look at the results that we are looking at in the things that I described to you in the preliminary traffic modeling. That is with the Highway 16 Interchange built and the River Crossing from Highway 16 to — excuse me, the Ten Mile Interchange and the Highway 16 River Crossing already constructed by the time you get to 2025. 1 don't know if that was — didn't answer all your concerns, but a few. Nary: That's okay, thank you. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: You may or may not of addressed this when you did the modeling, but I would be curious and I don't expect you to answer, but it would be interesting to see what a toll on this facility would do to the distribution of traffic and it might very well be that there is enough localized traffic that a nominal toll, at least, could pay part of the cost of this project or possibly create a revenue stream or some kind of a revenue bond that could be utilized as part of the cost of the project. Those are only as good as you can model, but when people get uncomfortable sometimes they are willing to pay an extra quarter to get home five minutes faster or get across the river, instead of waiting for 10 or 12 light changes. Might want to look at that. Gadell: Thank you, Mr. Rountree. 1 made a note so that we can include that especially when we get to the future funding analysis. De Weerd: Mr. President. Meridian City Pre -Council eeting May 18, 2004 Page 14 of 16 Nary: Madame Mayor. De Weerd: I guess, you know, because I keep hearing this as being an answer to the congestion on Eagle Road. I can only see that it's an answer to the congestion on Eagle Road between State and Chinden and what the distribution once they hit Chinden and what it will still add to the Eagle Road I would hope could be part of the impact analysis or, you know, how that works. But, also I mentioned the modeling or the COMPASS model used for Eagle and the Interchange or the Eagle Interchange at 1-84, they said, oh, we nailed that figure. Well, yeah, it was just 17 years earlier because in their model they didn't consider the land use and the future growth to it and so as we look at the models we used, we also have to be fair as to what's happening along those areas and that's a Dr. Freilich thing and that's why everyone is so interested in supporting this regional concept is these type of modeling have fallen short every time of considering what growth patterns and what uses are accompanying those models that they use. So, as we do these kinds of things we really need to keep that in mind in fairness not only to that project, but also to other projects that might take a secondary seat to them because they are not showing the true picture or they are not showing how the impact is just shifting. We can't afford more shift to Eagle Road, you know, just excluding two miles of it. Gadell: Mr. President, Mayor De Weerd, I can only agree with you. The reason that we are looking — this project was actually in on everybody's radar screen when I started working on it three years ago to actually be in study in 15 years and it's been brought forward because the traffic congestion on Glenwood and Eagle did, in fact, occur much faster than was anticipated. When we look at the modeling that was done in the Bench to Valley Study, the demographics and the traffic congestion were underestimated in every single factor. The growth in that area has occurred much faster than it was anticipated. We will do our best to try and understand that and to take that into consideration and we will also try and address your concerns. I think that will be fairly straight forward to address your concerns about what is — what kind of relief is provided to Chinden south of — excuse me, to Eagle Road south of Chinden by whatever configuration might be proposed. De Weerd: And I appreciate that, Sally, but also they could connect to Five Mile and then go to Fairview and still connect to Eagle Road — (Turn tape over) De Weerd: (inaudible — ) and that origin, you know, where are they going and how will they ultimately get there is a big concern because, I think what Councilman Nary says is correct. Your employment centers certainly are not north of State and so those — I don't know where those people are really — they are going to jobs in the south part. 1 0 Meridian City Pre-Council'IGleeting May 18, 2004 Page 15 of 16 Gadell: Yeah, I think it's the reverse. It's flipped around. It's not that they are going to employment centers in the north; it's that you have substantial residential areas in the Eagle area and it's actually people coming in from Emmett as well, who are trying to get to the employment areas that are in the south and east into the City of Boise, down towards the mall, down into all that direction and then going home. We can do this select link analysis that looks at where people are going, once they cross that bridge or the reverse and that's where some of your questions about whether or not people are actually coming down Five Mile and then going over to Eagle Road, we can look at that with the select link analysis and give you some understanding in the future when we do the more detailed analysis and give you a better understanding and us a better understanding of whether that's occurring or not or is predicted to occur. It's just a model. Nary: That was exactly my point is that there isn't anywhere other than to be going to businesses or retail or commercial, they are not going to go down Cloverdale. They are going to go to the freeway, which means they are going to be still backed on Eagle Road, or they are going into the Glenwood area for businesses or HP. They are going to end up back on Eagle Road, so I guess still — I guess my concern is that we are going to spend a lot of money and focus a lot of dollars and time on a project that really fixes such a small percentage that our return to our investments is pretty small when you are not — I mean I don't disagree that we should have another crossing across the river, it's just that when we are projecting spending 30 or 40 million dollars to do it when in the big picture priority, it just doesn't seem to fit. When they really aren't (inaudible) through neighborhoods. These are people who are going to the mall, to Micron, to the freeway and you know Eagle Road is where they have to end up on anyway. So, I don't know that getting them across the river for one mile fixes the problem. Gadell: Mr. President what I would like to do is ask from you for the opportunity to bring back that modeling analysis when we have it done, so that we can sit down and walk through what are — at least our understanding is of what the traffic would be doing and if it would be helpful, we could at that time bring Mary Anne, I would think — Waldinger from COMPASS who could answer some of the questions about the models efficacy and the era factors and where they are observing differences between what's in the model and what actually occurs on the ground. Nary: That would be great, we are here every Tuesday. So, that's great. De Weerd: Mr. President. Nary: Madame Mayor. Meridian City Pre-CouncReeting May 18, 2004 Page 16 of 16 De Weerd: I guess just to add to it, you mention that you know it's Star and Emmett as well and they are heading down Eagle. You know the Highway 16 would really help alleviate the impact rather than, I guess the crossing. I'd like to see the origin study and see where that is coming because that traffic could be diverted at the extension of Highway 16 with an interchange to connect to the interstate or by improving the Chinden corridor or Ustick or you know something like that to get them east, west. So, I appreciate you tolerating us tonight. We just have a lot of questions. Gadell: Mr. President, Mayor De Weerd I appreciate the time to get the opportunity to talk about it because I know it's a concern and the best we can do is just bring the data back for you and share with you and let you participate in our discussion about what we should be doing and what the priorities are. Okay? Nary: Great, thank you. De Weerd: Thank you. Nary: Council we are at the end of our agenda. Do we have a motion to adjourn? Bird: So moved. Rountree: Second. Nary: It's been moved and seconded to adjourn our pre -council session of Tuesday, May 18th. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: • k7f�J TAMMY DE WEERD, MAYO ATTESTED: 6,2Z,o¢ DATE APQ.IRqNx WILLIAM G. BERG, J AF.AL 11TY ERK o� " 0 00il' T CITY OF tiF CeryTeR AU��! 1903 NOTICE OF PRE -COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre -Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 18, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Update of the Assessment for the City of Meridian by Robert McQuade, Ada County Assessor Three Cities Rivers Project by ACHD — Jay Schweitzer The public is welcome to attend the meeting. DATED this 141h of May, 2004. WILLIAM G. BERG, JR. - GO�tPOf�A TF,r `�•� o SEAL 0 3,ER G�c� COUNTY /'///ri;iii III% � 33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 LEGAL DEPARTMENT MAYOR (208) 466-9272 - FAX 466-4405 Tammy de Weerd PARKS & RECREATION k (208) 888-3579 - Fax 898-5501 CITY COUNCIL MEMBERS Shaun Wardle IDAHO j PUBLIC WORKS (208) 898-5500 - Fax 887-1297 William L. M. Nary BUILDING DEPARTMENT Charles M. Rountree f�.rREASURE v (208) 887-2211 - Fax 887-1297 Keith Bird SINCE PLANNING & ZONING (208) 884-5533 - Fax 888-6854 CITY OF tiF CeryTeR AU��! 1903 NOTICE OF PRE -COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre -Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 18, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Update of the Assessment for the City of Meridian by Robert McQuade, Ada County Assessor Three Cities Rivers Project by ACHD — Jay Schweitzer The public is welcome to attend the meeting. DATED this 141h of May, 2004. WILLIAM G. BERG, JR. - GO�tPOf�A TF,r `�•� o SEAL 0 3,ER G�c� COUNTY /'///ri;iii III% � 33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 • • 5/18/2004 Meridian City Primary Roll Assessment Notice Summary 5/18/2004 2003-04 2004 2003 % Change Total Meridian City Market Valuel 3,265,518,2001 2,775,955,9351 17.64% Total Meridian City Taxable Valuel 2,671,333,709 2,240,400,0241 19.23% Urban Renewal Area Breakout Meridian MDCj 18,682,2001 10,643,9351 75.52% Comparison of Previous Year Nein Constructior Residential New Residential Count Commercial New Commercial Couni New Subs/Change Status % value increase of existinc residential improved properties % value increase for existinc commercial improved properties Residential Property Tax Burde Commercial Property Tax Burde (UR, Operating Property & Sub Roll Included in calculation) New Construction 201,225,457 Residential 11.13% 113,014,349 Residential Market Value 2,323,051,500 1,934,225,600 20.10% Residential Taxable Value 1,750,781,659 1,409,341,624 24.23% Residential Parcel Count 18,0291 16,097 12.00% (Residential includes manufactured Homes) 1.44% Commercial Commercial Market Value 923,784,500 831,086,400 11.15% Commercial Parcel Count[__2,6361 2,6081 1.07% (Commercial includes Personal Property) Comparison of Previous Year Nein Constructior Residential New Residential Count Commercial New Commercial Couni New Subs/Change Status % value increase of existinc residential improved properties % value increase for existinc commercial improved properties Residential Property Tax Burde Commercial Property Tax Burde (UR, Operating Property & Sub Roll Included in calculation) New Construction 201,225,457 181,071,073 11.13% 113,014,349 78,401,952 44.15% 1,138 871 30.65% 33,376,400 48,612,000 -31.34% 56 54 3.70% 54,834,708 54,057,121 1.44% Increase Estimates 2.12% average 3.11 % average 1.57% median 2.65% median 2.71 % average 0.14% median 2003 2002 t 61.54%1 58.57% 1 38.46%1 41.43% Assessment Notices Assessment Notices Assessment Notice Mailing Date 5/28/2004 5/27/2003 PCEWED MAY 18 2004 CITY OF MERIDIAN May 14, 2004 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT ITEM NO. a REQUEST Update of the Assessment for the City of Meridian by Robert McQuade, Ada County Assessor AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matedads presented at public meetks shall become properly of the City of Meridian. Project Overview February 2004 t Purpose of the Project: T:_ • Confirm the need to connect State Street with Chinden, between Eagle Road and Glenwood. — If there is a need, where`? • Identify and evaluate possible alignments • Enable ACHD to preserve right-of-way As the population continues to grow, the need for a new crossing increases. 600 � 500 i0 400 D 300 M 300 _ 205 0 200 173 0- 112 100 1960`, 1970 1950 1990 2000 2010 2015 2020 2025 ' 1 1961 Major Thoroughfare Plan —'I 1995 Bench/Valley Study Boise Metro Area Sourer. i),,, it, Ilr'm '0", _ Lune RamLC fi,mspn nal ion Plun 101 Alla (OnfN. Cummuni+t Hannin,, :Association The need for a new river crossing was identified more than 40 years ago... t r-- 1 N Gr a N�p "4jyvjJ�7�, /• olz ri iii ...and re -confirmed 9 years ago. �P , 0_11 i7+ 'i xtl Several factors drive this project • Most Bench/Valley Study recommendations constructed or in -process • Growth faster than expected • Available land is being developed rapidly • Preservation of right-of-way enables Cities/County planners to look ahead • Eagle Island Environmental Restoration Project in same area Where is the project located? Eagle Island Hill Road State C, Str 'et r W,1—Mart 0 0 0 CL CD Major Project Components -9 Engineering • Environmental Analysis • Public Involvement Engineering Traffic Flow Analysis Conceptual Roadway & Brid-e Desi;n ENGINEERING GOAL: To support the evaluation of environmental impacts and determine right-of-way needs. Environmental Analysis Wildlite babitat - ENVIRONMENTAL ANALYSIS GOAL: To help public officials make informed decisions and take action considering environmental impacts. )Yater quality — Aesthetics Floodplain/floodway encroachment Project and Public Involvement Process 'GIS I i111ir„nnir...... ....�,.,., ,.,.,,. Stay Involved February 2004 Spring 2004 Fall 2004 Winter 2004 Spring 2005 • Project Web site for information and input - wtinv.achd.ada.id.its Notices for public meetings and hcarings — get on the mailing list • Contact ACHD if you have questions or would like more information: 387-6129 1 0 TA Cities River Crossing F.EcElvED Three Cities River Crossing MAY � g 2004 Frequently Asked Questions May 18, 2004 CITY OF MERH;i,�_t 1. If the need was first identified in 1961 and again in 1995, why are you just now studying the project? The Bench Valley study identified this project as needed to accommodate future traffic needs. Most of the recommendations in the BV study have been constructed, are scheduled for construction or are under study. Several factors suggest that now is the time to take the next step for the Three Cities project: 1) increases in traffic on Eagle Road and Glenwood, 2) rapid growth in the area and 3) the opportunity to coordinate with the Flood Control District No 10/Army Corp of Engineers study at the head of Eagle Island. 2. Why are we redoing what was completed in the Bench Valley study? The Bench Valley study identified a proposed road and a conceptual alignment. We need to take the next step, which is to exactly define an alignment, before we can acquire right of way. A project of this size generally needs federal funding. Use of federal funds triggers additional requirements. Federal law requires that we consider all reasonable alternatives for meeting the need, considering impacts to the natural and human environment. ACHD will incorporate the ideas from past studies, updating information as necessary. In particular we are updating traffic forecasts because there have been many changes since the Bench -Valley project was completed in 1995. 3. Why is an EIS necessary? A project of this size generally needs federal funding. Use of federal funds triggers additional requirements, in particular the requirements of the National Environmental Policy Act. The Act and associated regulations require consideration of the environmental impacts of a proposed project in the decision-making process. Federal Highways Administration has indicated that an Environmental Impact Statement is the appropriate level of environmental documentation for this project (a new road with four or more lanes). 4. How will the alignment be selected? After asking for input from the public and interested local, state and federal agencies, ACHD will identify a range of alignments that could meet the need, including a `no build' option. These options will be evaluated from both engineering and environmental perspectives. A preferred alignment will be recommended to FHWA based on all relevant factors (ability to meet the need, environmental impacts, public concerns, etc). Who makes the final decision on the location of the alignment? ACHD will recommend a locally preferred alignment to FHWA. FHWA will make the final decision. 5/18/2004 • TA Cities River Crossing 6. How are you going to protect neighborhoods from increased traffic? Traffic impact on neighborhoods is one of the factors that must be evaluated during the study and will be one factor in selecting the preferred alignment. 7. What are you doing to make sure this road doesn't have the same issues as Eagle Road — residential and business access, speed limit, traffic signals? The Idaho Department of Transportation has developed new access policies to try to address these types of issues on state roads. We are considering using Type IV access which means access points and traffic signals are limited to half mile intervals. The design of the project will help decide some of these issues? 8. When is it going to be built? Before the Three Cities River Crossing project could be built ACHD must complete the Environmental Impact Statement and have it approved by FHWA, acquire right of way, complete the design and obtain required permits. Timing will depend on funding and how traffic needs develop in the future. It's currently projected to be constructed in aboutl0 years, depending on funding. 9. How is it going to be paid for? Funding has not been decided. A mix of federal and local funds seems likely. 10. This is one of the few undeveloped areas in western Ada County — isn't this project going to encourage sprawl? Future land use in the area is guided by comprehensive plans prepared by the cities and county. All of the area being considered in this project is currently included in within city boundaries or in the impact areas of Boise, Eagle and Garden City. 11. Aren't you discouraging public transit by building new roads? A new road in this area would reduce travel times and provide more efficient routes for both drivers and transit. Efficient transit systems are more likely to appeal to riders. 12. Which agency is going to manage this road? This could be either an ACHD road or a state road in the future. 13. What are the environmental impacts of this project? The study we are undertaking will answer that question. 14. What are the impacts to river recreationists? The study we are undertaking will answer that question. 15. How does this project fit into the larger transportation system? A new river crossing would provide connectivity among existing roadways and provide another travel route option. It would provide new connections between state highways (Highway 44 and 55 with US 20/26). It would provide added capacity for crossing the Boise River and the bench. 5/18/2004 0 Three Cities River Crossing 16. Is there money to build this project after the study? Who decides if this project gets funded? How are the funding priorities decided in the Treasure Valley? Construction of the project is not funded at this time. Within ACHD, the Commissioners decide what projects will get funded on a yearly basis as part of the budget process. Regionally, elected officials who make up the COMPASS Board make those decisions. 17. Is the long range plan to connect this new river crossing roadway to I-84? The COMPASS board directed ACHD to proceed with the study under the assumption that there will be no new I-84 interchanges between the Wye and Eagle Road. 18. What is the status of the Five Mile interchange? If the new road connects with Five Mile does this mean the Five Mile Interchange will be considered again? The COMPASS board directed us to proceed with the study assuming that a Five Mile interchange will not be built within the study time period (through 2035). Final configuration of the Wye makes a full interchange at Five Mile unlikely because of safety and design concerns. Federal Highways Administration strongly discourages partial interchanges — they are only allowed under limited circumstances. 19. How much will this study/project cost? Why is it so expensive? Our current estimate is that the road and bridge will cost $38 million to design and build. The study we are undertaking, which will define the alignment, complete environmental documentation and prepare right of way plans, is currently estimated to cost about $1.8 million. Factors that affect the cost include: • The need for two river crossings — bridges are expensive • New right of way • Up to three miles of new roadway • Compliance with federal environmental regulations The design and environmental portions of projects of this size typically cost 15 to 20 percent of the total. The investment in planning up front will save money overall. 20. Why should this project be built before (some other project)? This study will enable ACHD to acquire right of way for the future road. Priorities for construction are developed in the context of regional transportation planning. Elected officials who make up the COMPASS Board set the planning horizons and help obtain federal funding, and the ACHD Commission makes the decisions about which roads will be built when. 21. Was Highway 55 moved to connect to this new river crossing? No, Highway 55 was moved for other reasons. 22. What are the future plans to widen Cloverdale and Five Mile Roads? See maps of the 2010 and 2020 planned roadway network. 23. Where does everyone go once they cross the river? It depends on your destination. The traffic model suggests that generally people are traveling 5/18/2004 0 At Cities River Crossing from the area north State Street and west of State Highway 55 to the area south of Chinden Boulevard and east of Eagle Road. 24. Have you already purchased land? No. This study is needed before any land can be acquired. 25. Is this project going to be a state highway? If not, why not? This has not been decided yet. In part this depends on what we learn in the study. 26. What will the speed limit be? This has not been decided. If it's a state highway the speed will likely be 55 mph where possible. If it's a local road, ACHD has more flexibility for setting speed limits. 27. Will State Street to the east and Glenwood Road become ACHD roads if this new crossing is built? Both of there roads are state highways. We have no reason at this time to think that will change as a result of this project. ACHD already partners with ITD for maintenance and management of these roads. 28. How will this road affect Glenwood and Eagle Roads? The effects will be evaluated during the study, however preliminary traffic analyses indicate that traffic on Glenwood and Eagle roads will be reduced. 29. What is being done about noise? The project we are undertaking includes a noise study. That study will help determine if mitigation is needed. 5/18/2004 May 14, 2004 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT REQUEST ESGR Statement of Support ITEM NO. AGENCY COMMENTS CITY CLERK: c5re a--+.Ched- CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meeitnw shag become property of the City of Medd. 0 • May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Discussion of ESGR Statement of Support May 11, 2004 ITEM NO. AGENCY COMMENTS CITY CLERK: See affached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING L DEPT: �� CITY WATER DEPT: t/U, CITY SEWER DEPT: �v1i �G CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT:' ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. milk Employer Support of the Guard and Reserve IRECE-,VEL) MAY 1 1 2004 CITY OF 1EII)I www.esgr.com F A C T S H E E T 1-800-336-4590 Questions and Answers for Employers and their Employees who participate in the National Guard and Reserve he Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted Octo- ber 1994 and significantly updated in 1996 and 1998, provides job protection and rights of reinstate- ment to employees who participate in the National Guard and Reserve. The National Committee for Employer Support of the Guard and Reserve (ESGR), an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs, operates programs directed toward U.S. employers, employees, and communities to ensure understanding of the role of Reserve component members. ESGR encourages development of employer policies and practices to facilitate employee partici- pation in the Reserve components through a network of 4,500 volunteers in 54 local ESGR Committees. The ESGR Ombudsman program provides "third party assistance" and informal mediation services to employers and members of the National Guard and Reserve. It works in conjunction with the Veterans' Employment and Training Service (VETS), U.S. Department of Labor. Volunteer members are trained by ESGR and VETS to provide assistance in the resolution of employment conflicts that can result from military membership, training, or other service requirements protected under USERRA. To reach your local ESGR Committee for information or assistance, contact: ESGR Ombudsman: or ♦ the ESGR website at www.esgr.com ♦ call ESGR toll-free at 1-800-336-4590 ♦ call your local National Guard or Reserve unit The information provided herein should not be considered legal authority. Rather, it is provided as gen- eral information about USERRA . Continued on: page 2 for employer page 4 for employee Factsheet #2 May 03 Pg. 1 ivationai t:6UK headquarters, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209-2405 • 1� • Employer Support of 2 the Guard and Reserve USERRA Facts, Questions and Answers For Employers 1. Is an employee protected from unlawful discrimination by an employer based on military affilia- tion? Yes. USERRA provides protections for initial hiring and adverse employment actions by an employer if the action is motivated even in part by the employee's military service. This protection also extends to witnesses who assist or testify in a USERRA investigation. 2. Can an employer refuse to allow an employee to attend scheduled drills or annual training? No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must reemploy the employee as if he or she has not been absent. 3. Is there a limit to the amount of military leave an employer must permit? Yes. Although there is no longer any differentiation between voluntary and involuntary military duty, there is a 5 -year cumulative service limit on the amount of voluntary military leave an employee can use and still retain reemployment rights. 4. What is not included in the 5 -year cumulative total? The 5 -year total does not include: inactive duty training (drills); annual training; involuntary recall to or retention on active duty; voluntary or involuntary active duty in support of a war, national emergency, or certain operational missions; or additional training requirements determined and certified in writing by the Service Secretary, and considered to be necessary for professional development or for completion of skill training or retraining. 5. Is prior notice to the employer required for leave of absence for military duty? Yes. Unless precluded by military necessity, advance notice must be provided either orally or in writing. The context for what constitutes timeliness of notification was not spelled out in detail by Congress under USERRA. However, employees who participate in the National Guard or Reserve should provide their employers as much advance notice as possible. Failure to provide notice could result in a denial of the protection of USERRA. 6. What are valid military orders? All written or verbal orders are considered valid when issued by competent military authority. A mili- tary member in receipt of official orders is obligated by federal statute to execute them. The recurring requirement to perform inactive duty training (drill) is an example of when written orders may not be formally issued. 7. When may an employer require an employee to provide documentation of military service? After periods of military leave of absence for more than 30 days, the employer has the right to request such documentation, which can be used to establish the employee's basic eligibility for protection under USERRA. All National Guard and Reserve members are encouraged to provide a copy of orders, the annual drill schedule, or other type of documentation to employers as soon as available and, if possible, before the commencement of military duty. Continued on page 3 National ESGR headquarters, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209-2405 3 Employer Support of the Guard and Reserve Continued from page 2 8. What if the employee cannot provide satisfactory documentation for military service in excess of 30 days? The employer must promptly reinstate the employee pending its availability. The employer may contact the military unit if necessary. 9. Can an employer require an employee to apply for military leave of absence or otherwise submit official documentation for approval of military leave of absence? No. As stated earlier, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a "right of refusal" for military leave of absence, so long as the em- ployee has not exceeded the 5 years of cumulative service provided under USERRA. 10. Can an employee be required to find someone to cover his or her work period when military duty interrupts the work schedule? No, an employee is responsible for notification but not for altering the work schedule or finding a re- placement. 11. Can an employer require an employee to reschedule drills, annual training, or any other military duty obligation? No. When military duties would require an employee to be absent from work for an extended period, during times of acute need, or when (in light of previous leaves) the requested military leave is cumula- tively burdensome, the employer may contact the military commander of the employee's military unit to determine if the duty could be rescheduled or performed by another member. If the military commander determines that the military duty cannot be rescheduled or canceled, the employer is required to permit the employee to perform his or her military duty. 12. Is an employer required to pay an employee who is on military leave of absence? No. While many employers offer differential pay or a specific number of paid military leave days, an employer is not required to pay an employee on military leave of absence. 13. Are there time limits for an employee to return to work after completion of military duty? Yes. There are three formats for reinstatement (application for reemployment), dependent on the dura- tion of military service. Please refer to question 15 for a detailed breakdown of these formats. An employer should reinstate an employee within a matter of days of application, if not on the same day as the applica- tion is made. Continued on page 6 National ESGR headquarters, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209-2405 1 Ix • Employer Support of 4 the Guard and Reserve T USERRA Facts, Questions and Answers For Employees I. Is an employee protected from unlawful discrimination by an employer due to military affiliation? Yes. The USERRA provides protections for initial hiring and adverse employment actions by an em- ployer if the actions are motivated, even in part, by the employee's military service. This protection also extends to witnesses who assist or testify in a USERRA investigation. 2. What are the basic eligibility requirements for job protection under USERRA? To be protected, a National Guard or Reserve member must have a civilian job, must provide timely notification to the employer of military duty, and must report back to work for reemployment in a timely manner. Reemployment rights are provided even if the civilian job is described as "temporary," unless the employment was for a brief period with no reasonable expectation of continuance for a significant period of time. I Is there a limit to the amount of active duty an employee can perform and still have reemployment rights? Yes, there is a 5 -year cumulative total of military service an employer is required to support. Not included in that total are: inactive duty training (drills); annual training; involuntary recall to or retention on active duty; voluntary or involuntary active duty in support of a war, national emergency, or certain opera- tional missions; or additional training requirements determined and certified in writing by the Service Secretary, and considered to be necessary for professional development or for completion of skill training or retraining. 4. Does USERRA apply to "state" military duty or governor call-ups of National Guard members? No. However, protection for such duty is generally provided by state statutes and in most instances is comparable to protections provided under the USERRA. 5. When should an employee provide notification of upcoming duty? Written or oral notification must be made to employers prior to going on duty, unless precluded by military necessity. Employees are highly encouraged to notify their employer of any "window" of antici- pated military activity, when application for orders is made, or if notified of possible involuntary recall. Employees should be sensitive to employer scheduling requirements when providing notification and when submitting application to the unit commander for orders. Where possible, an employee should submit requests for orders during calendar periods outside of peak business seasons and not during the most popular vacation cycles. 6. Does an employee have reinstatement rights following voluntary military service? Yes. There is no longer any differentiation between voluntary and involuntary orders under the USERRA, so long as the basic eligibility requirements are met. Continued on page 5 National tSGR headquarters, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209-2405 5 Employer Support of the Guard and Reserve Continued from page 4. 7. What if an employee does not return in a timely manner to work? The employee is subject to the personnel policies and practices of the employer for unexcused ab- sences. 8. How does military service affect employee status or seniority in the workplace? An employee must be considered not to have been absent from the workplace if the only reason for that absence was service in a uniformed service. A returning employee must be made "whole" by: - being allowed to contribute to the pension plan any amount that would have been contributed had the employee not been absent - being reinstated with privileges and status the employee earned by length of service (for example, after 3 years with a company an employee may be entitled to accrue more vacation per year, or after 5 years an employee is automatically advanced to a management position.) 9. What are the rules on contribution to the pension or thrift savings plan for periods of military leave of absence? Upon reemployment, the employee has 3 times the length of service (not to exceed 5 years) to make payments and the employer is liable to fund any resulting obligation of the plan within the same time frame. 10. Can an employee contribute to the pension plan when on military leave of absence? There is no burden under the law for an employer to continue pension contributions while the employee is away from the work site. An employer may choose to offer this benefit. 11. What are the rules for entitlement to health insurance? For absence of less than 30 days, benefits continue as if the employee has not been absent. For absence of 31 days or more, coverage stops unless the employee elects to pay for COBRA -like coverage (for a period of up to 18 months). Health insurance must be reinstated the day an employee is reinstated with no waiting period. If the employer cannot put the employee back to work immediately upon application, the health insurance must be restored immediately. 12. Does an employee accrue vacation or medical/sick days from the employer while on military leave of absence? No. However, as in the previous question, an employer may choose to offer accrual of vacation or medical/sick days as an additional benefit. An employer is not required under USERRA to provide short term compensation (pay, vacation accrual, etc.) when an employee is not working at the worksite. 13. Does an employee have the right to make up periods of work missed due to drill or military leave of absence? No. An employer may choose to offer an employee the opportunity to work hours missed as a benefit not provided under the USERRA. For example, an employer is not required to provide hours of work for an average 2 -week, 80 -hour period if part of that period is missed due to military service. Continued on page 6 National ESGR headquarters, 1555 Wilson Blvd., Suite 200, Arlington, VA 22209-2405 e v\. CHARLIE BROWN REGION 4 DIRECTOR OFFICE OF THE SECRETARY OF DEFENSE Idaho Committee For ESGR 2821 Eldorado St. Home: (208) 376-5375 Boise, Idaho 83604 Cell: (208) 859-4609 e-mail: chasabl@juno.com Fax: (208) 376-5375 • • ESGR STATEMENT OF SUPPORT You have been asked to sign an Employer Support of the Guard and Reserve "Statement of Support." The statement is symbolic of your commitment to recognize today's citizen soldiers who are employees of your business or organization. The statement simply asks that you understand how complex the issue of national defense is and that you want to play an important part in protecting our freedoms. By signing the document, you will be joining thousands of other business leaders in recognizing the contributions of the "Citizen Soldier." In return for your signature, the members of the Guard and Reserve will recognize your pledge and will honor your commitment to them. *One Star signifies that you have signed a National Statement of Support and join with thousands of other business and organizational leaders in recognizing our citizen soldiers. **Two Stars indicate that you have signed a Statement of Support and that your company has a written policy (USERRA) in support of your employees. ***Three Stars indicate that you have signed the Statement of Support and that the policy of your company is "enhanced" to provide additional support to the Reservist and his family, to include some of the following: - Differential pay support while on active duty - Continuation of benefits for both the Reservist and his family - Personal support for both the Reservist and his family while on active duty In return for your Support and Care of our Citizen Soldiers, your business name will be displayed prominently along with other business leaders. In turn, we will encourage our Reservists to acknowledge your support and recognize and remember your business. For additional information or to see a list of who has signed the Statement of Support (www-esgr.org), please contact the Idaho ESGR Committee at 208-422-5244 or visit www.idaho-esgrorg. ! �r DEPARTMENT OF DEFENSE " 3 STARS" STATEMENT OF SUPPORT The Employer Support of Guard and Reserve (ESGR) sincerely invites you to participate in this national effort by signing the symbolic "Statement of Support". Although the document is not a binding agreement, we ask that you review your current employee policies to determine the level of commitment extended towards Guard and Reservist (Reservists) and that you consider your ability to do any of the following: • Understand the basic laws protecting jobs upon their return to your company. • Offer differential pay, if you can, during Active Duty (training, war or national emergency). Many Reservists make far less in the services than they do while working for you. • Continuation of employee and family benefits, if greater than those extended by the Armed Services. • Continuation of any retirement benefits. • Establish a real concern for the Reservist and their family. • Send them off with confidence that you will be there for them when they return. Welcome them back in a patriotic manner. We would like to have the following information. Please complete the following prior to si nigg the Statement of SuMport. (PLEASE PRINT ALL INFORMATION) NAME OF YOUR COMPANY NAME OF SIGNER ( ) ONE STAR: We do not have a specific policy for Reservists, but would like sign a Statement of Support. ( ) TWO STARS: We do have a specific policy for Reservists that is in complete compliance with regulations ( USERRA). ( ) THREE STARS: We have a specific policy and we have enhanced the benefits for our citizen soldiers. We offer, in addition to the basic USERRA protections% ( ) Enhanced pay or differential pay while on any Active Duty. ( ) Continuation of all company benefits while on Active Duty. () Special recognition of our citizen soldiers and their families. O Other: ( ) I would like plan a special. signing ceremony and sign later, please call meat The Idaho Committee for Employer Support of Guard and Reserves (ESGR), Kip Moggridge, State Chair, 960 Broadway #450, Boise, Idaho, 83706; 208-336-8000; kipmogg@arthurberry.com r1 LJ W A n T1TES ()'V; STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE We recognize the National Guard and Reserve as essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Their members must have the cooperation of all American employers in encouraging employee participation in Guard and Reserve training programs. Therefore, we join other employers in pledging that: 1. Employment will not be denied because of service in the Guard or Reserve; 2. Employee job and career opportunities will not be limited or reduced because of service in the Guard or Reserve; 3. Employees will be granted leaves of absence for military training in the Guard or Reserve, consistent with existing laws, without sacrifice of vacation; and 4. This agreement and its resultant policies will be made known throughout our organization. Employer Date Chairman National Committee for Employer Support of the Guard and Reserve Secretary of Defense May 13, 2004 PFP 04-003 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT N.M. Enterprises ITEM NO. • REQUEST Findings — Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in an L -O zone for Riverbirch Courtyard Condominiums - south of East Overland Road and east of Celebration Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aFtached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: "' / MERIDIAN SCHOOL DISTRICT: 4' "" ADA COUNTY HIGHWAY DISTRICT: tie SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached letter from Mark Guho marerws presomea ar pYa1C mpef w Date: -1 -C- Phone: ���fhopwty nitials- bkoomi of the city of M.ddkuL 20� 939-8928 P , 1 NM ENTERPRISES L.L.C. 391. W. State Street, Suite G - Eagle, Idaho 8.3616 - (208) 9.39-8850 rax (208) 938-8850 RECTIVRD MAY 10 2004 n -'J y ,'t Of Meridian itp Clerk Office March 29, 200.4 City of Meridian Office of city Clerk 33 E- Idaho Avenue Meridian, Idaho 83642 Fax: 888-4218 Ref: Staff Report — Riverbirch Courtyard Condominiums File No.: PFP w -ow CUP -04-007 Applicant, NM Enterprises, LLC, acknowledges receipt of Staff Report for River irch Courtyard Condominiums and agree to comply with stated special specific conditions, standard plat conditions, standards for conditional uses, s�peGa1 ite considerations for (CUP), site specific conditions (Conditional Use), general conditions and other agency department comments and conditions. Sin Iy, Mark N. Guho MAR 29 '04 1203 208 939 8928 aar,F al kf U. 2004 Interoffice ' ` , .!a en dia Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nicho;%1 Subject: Riverbirch Courtyard Condominiums By: N.M. Enterprises File No. PFP-04003 — Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat Date: May 7, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM NARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\MNcridian\Meridian 15360M\Riverbirch Coutyard Condos PFP-04-003 CUP-04-007\Bn PFP MEMO 05 06 04.doc • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) RIVERBIRCH COURTYARD ) CONDOMINIUMS ON 1.24 ACRES IN AN ) L -O ZONE, LOCATED NEAR THE SOUTH- ) EAST CORNER OF OVERLAND ROAD AND ) CELEBRATION AVENUE, APPROXIMATELY) % MILE WEST OF EAGLE ROAD, IN ) SECTION 20, TOWNSHIP 3 NORTH, RANGE ) 1 EAST ) N.M. ENTERPRISES, ) APPLICANT. ) C/C 05/04/04 CASE NO. PFP-04-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 4, 2004, and Anna Powell Planning Director, and Mark Guho, appeared and testified at the hearing, and the City Council having received a report from Craig Hood for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PLAT SHOWING RIVERBIRCH COURTYARD CONDOMINIUMS LOT 2, BLOCK 1 OF GALA PARK SUBDIVISION SITUATED IN A PORTION OF THE NORTHEAST'/40F THE NORTHWEST/40F SECTION 20, TOWNSHIP 3 NORTH, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 1 OF 14 • • RANGE 1 EAST, BM., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, X: /PROJECTS/GUHO/2438/DRAWINGS/PLAT/FINAL/2438PLAT.dwg PN 1003-2438 SHEET 1 OF 3, HANDWRITTEN DATE: 02-13-04, N M ENTERPRISES, L.L.C. — OWNER/DEVELOPER, PREPARED BY ROYLANCE AND ASSOCIATES PA", N.M. Enterprises submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L -O (Limited Office District), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Commercial. Commercial areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Existing zoning on the property is Limited Office (L -O). The subject plat is intended for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 2 OF 14 • commercial development in compliance with the approved CUP and the Comprehensive Plan. 4. It is determined that public services are available to accommodate the proposed development. The developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The site is currently serviced by city water and sewer. On March 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, which will be south of the freeway. The applicant indicated on the submitted site plan, that the refuse pick-up area will be located off-site and be shared with the existing medical office to the west. The applicant shall coordinate the location and design of refuse container(s) with Sanitary Services Company. The Meridian Police Department has submitted comments and a condition for this site for safety lighting along the west side of the building. 5. It is found that the subdivision will not require the expenditure of any capital improvement funds, as the developer is installing sewer, water, and utilities for the development at their cost. 6. It is found that the development will not require major expenditures for providing supporting services, but compounded with the other projects to the south side of the freeway that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 3 OF 14 s have recently been approved by the City, basic life support service in this area is not optimal at this time. The project lies outside the five-minute response zone goal of the Meridian Fire Department. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital layout for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 7. Other than the Fire Department's concerns with serviceability, staff is not aware of any health, safety or environmental problems associated with this subdivision. There has not been identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "PLAT SHOWING RIVERBIRCH COURTYARD CONDOMINIUMS LOT 2, BLOCK 1 OF GALA PARK SUBDIVISION SITUATED IN A PORTION OF THE NORTHEAST/40F THE NORTHWEST'/40F SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BM., CITY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 4 OF 14 9 MERIDIAN, ADA COUNTY, IDAHO 2004, X: /PROJECTS/GUHO/2438/DRAWINGS/PLAT/FINAL/2438PLAT.dwg PN 1003-2438 SHEET 1 OF 3, HANDWRITTEN DATE: 02-13-04, N M ENTERPRISES, L.L.C. — OWNER/DEVELOPER, PREPARED BY ROYLANCE AND ASSOCIATES PA", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Craig Hood for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004, listing 11 Site Specific Comments - Preliminary/Final Plat and 7 Standard Plat Conditions, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of sixteen pages, and by this reference incorporated herein, and the response letter from Mark Guho of NM Enterprises, L.L.C. dated March 29, 2004, a true and correct copy of which is attached hereto and marked Exhibit `B", and consisting of one page, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of May 4, 2004, and the requirements are as follows, to -wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY/FINAL PLAT) Applicant shall meet all of the requirements of the concurrent application (CUP -04-007) as a condition of the subject Preliminary/Final Plat (PFP-04-003). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 5 OF 14 0 2. Provide documentation to the Planning & Zoning Department, that the property owner to the west (Lot 1, Block 1, Gala Park Subdivision) has granted access for this site to utilize that property for access to Celebration Avenue. Provide a note on the plat granting cross -access to the lot to the west (Lot 1, Block 1, Gala Park Subdivision), to utilize this lot for access to Gala Street. Provide a note on the plat granting cross -access to all of the proposed units to utilize the drive aisles and parking areas. Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, AND/OR a recorded document such as CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. All drive aisles shall be constructed a minimum of 25 -feet wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code 12-4-14. All parking shall be constructed in accordance with Meridian City Code 11-13-1. 4. The submitted landscape plan, prepared by ZGA Architects and Planners, and dated 11- 14-03 is approved as submitted, with the following changes: • Provide a 10 -foot wide landscape buffer along Gala Street. Said landscape buffer shall be delineated on the face of the final plat. Landscaping along Gala Street shall be in accordance with MCC 12-13-10. • A tree approved for planting within street buffers shall be installed along Gala Street where the conifer (Vanderwolf pine) is shown. • All woody shrubs shall be from a minimum two -gallon pot. • Plant low-lying shrubs, not trees, within the proposed 20 -foot wide landscape buffer/building setback along the east property line. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). A revised landscape plan, shall be submitted for review and approval with the submittal of the Certificate of Zoning Compliance (CZC) application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. 5. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Riverbirch Courtyard Condominium Association. Maintenance, repair and replacement of the common elements and payments therefor, including the method of approving payment vouchers shall be included in the condominium by-laws/CCR's. Said by-laws/CCR's shall include FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 6 OF 14 all of the elements required by Idaho Code and shall be recorded prior to, or concurrent with, the plat declaration. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Add/Amend the following notes to read: • Add a note stating that building setbacks shall be in accordance with Title 11 and Title 12 of Meridian City Code unless otherwise modified by Conditional Use Permit approval. • Add a note that reads: Direct lot access to Overland Road is prohibited unless approved by ACHD and the City of Meridian. 10. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Prior to signature of the final plat by the City Engineer, all sidewalks shall be constructed or a surety shall be provided in accordance with MCC 12-5.3. 11. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilites and one year thereafter to complete construction of those public facilities (MCC 12-2-4). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 7 OF 14 STANDARD PLAT CONDITIONS: 1. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and including a 100 -year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 4. Coordinate mailbox locations with the Meridian Post Office. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 8 OF 14 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Locate driveways on Gala Street a minimum of 50 -feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 9 OF 14 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 10 OF 14 0 • d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 11 OF 14 0 • 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: The Parks Department has no concerns with the site design as submitted with the application. F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3 -yard dumpster, with pick-up on multiple days will be needed. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 12 OF 14 • H. Adopt the Recommendations of the Meridian Police Department as follows: 1. The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 13 OF 14 • 67, Idaho Code. By action of the City Council at its regular meeting held on the ! �J�—day of 2004. By: Tammy de Weer 11 a 1May,or, City of than v- wlil Attest: oaq SEAL William G. Berg, Jr., City Jerk Copy served upon Applicant, the P% ga� ' _ R r and City Attorney. %0OunnY - `\\; By: , —�h a , )L� C1ty Clerk's Office Public Works Department MEN Z.\W0k1M\M0i"\Meridian 15360M\Rivwbith CwtyiW Condos PFP44-003 CUP-04007WP FiCladoa FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELD IINARY/FINAL PLAT — RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-04-003) PAGE 14 OF 14 STAFF REPORT: To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner 44 Bruce Freckleton, Senior Engineering Tech. Subject: Riverbirch Courtyard Condominiums P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004 Preliminary and Final Plat (PFP) Approval for Two -hundred -eighty-nine (289) Condominium Units on 1.24 Acres, for Riverbirch Courtyard Condominiums, by N.M. Enterprises, L.L.C. (File No. PFP-04-003) • Conditional Use Permit (CUP) Approval of a 12,010 Square -foot Medical/Dental Office Building, by N.M. Enterprises, L.L.C. (File No. CUP -04-007) We have reviewed the aforementioned applications and now offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, N.M. Enterprises, L.L.C., has applied for Preliminary/Final Plat (PFP) and detailed Conditional Use Permit (CUP) approval for a new 12,010 square -foot medical/dental office on a 1.24 acre site that is currently vacant. The site is commonly known as Lot 2, Block 1, Gala Park Subdivision, which was recorded in 2004. The applicant is proposing to divide/plat the proposed building into 289 condominium units. The site is located near the southeast corner of Overland Road and Celebration Avenue, approximately t/2 mile west of Eagle Road, in an L -O (Limited Office) zone. This property is currently designated "Commercial" on the 2002 Comprehensive Plan Land Use Map. The subject development is eligible for a combined preliminary/final plat application because the proposed condominium/subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). The purpose of the subject preliminary/final plat application is to divide the proposed 12,010 square -foot medical/dental office into 289 condominium units. These units have been designed by the applicant to provide flexibility for space planning by the future owners of the condominium space. NOTE: The subject condominium development is proposed on an existing lot of record (Lot 2, Block 1, Gala Park Subdivision). The process for recording a condominium plat is similar to the division of land. In order to create condominium Exhibit "A" 1 OF 16 • r CITY HALL MAYOR Tammy de Weerd r # (208) 888-4433 — Fax 887-4813 Ca 1 �� - PUBLIC WORKS CITY COUNCIL MEMBERS " � �• `��a BUILDING DEPARTMENT Keith Bird . Q�m " (208 ) 887-2211 — Fax 898-9551 William L.M. Nary Shaun Wardle IDAHO I� 1 LEGAL DEPARTMENT Charles M. Rountree � dv (208) 466-9272 — FAX 466-4405 STAFF REPORT: To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner 44 Bruce Freckleton, Senior Engineering Tech. Subject: Riverbirch Courtyard Condominiums P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004 Preliminary and Final Plat (PFP) Approval for Two -hundred -eighty-nine (289) Condominium Units on 1.24 Acres, for Riverbirch Courtyard Condominiums, by N.M. Enterprises, L.L.C. (File No. PFP-04-003) • Conditional Use Permit (CUP) Approval of a 12,010 Square -foot Medical/Dental Office Building, by N.M. Enterprises, L.L.C. (File No. CUP -04-007) We have reviewed the aforementioned applications and now offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, N.M. Enterprises, L.L.C., has applied for Preliminary/Final Plat (PFP) and detailed Conditional Use Permit (CUP) approval for a new 12,010 square -foot medical/dental office on a 1.24 acre site that is currently vacant. The site is commonly known as Lot 2, Block 1, Gala Park Subdivision, which was recorded in 2004. The applicant is proposing to divide/plat the proposed building into 289 condominium units. The site is located near the southeast corner of Overland Road and Celebration Avenue, approximately t/2 mile west of Eagle Road, in an L -O (Limited Office) zone. This property is currently designated "Commercial" on the 2002 Comprehensive Plan Land Use Map. The subject development is eligible for a combined preliminary/final plat application because the proposed condominium/subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). The purpose of the subject preliminary/final plat application is to divide the proposed 12,010 square -foot medical/dental office into 289 condominium units. These units have been designed by the applicant to provide flexibility for space planning by the future owners of the condominium space. NOTE: The subject condominium development is proposed on an existing lot of record (Lot 2, Block 1, Gala Park Subdivision). The process for recording a condominium plat is similar to the division of land. In order to create condominium Exhibit "A" 1 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 2 properties Idaho Code requires the land -owner of record to submit a plat or survey map of the surface of the ground included within the project, and a diagrammatic floor plan(s) of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multi -story structures are diagramed (Title 55, Chapter 15 of Idaho Code). The submitted preliminary/final condominium plat appears to meet the requirements of Idaho Code. Staff does not have any detailed analysis for the proposed division of air space within the proposed building. The conditions outlined in this report are geared towards the proposed medical/dental office use, and the design of the building (CUP -04-007). This site was part of a larger, conceptual Conditional Use Permit proposal in 2000 (CUP -00-017). CUP -00-017, processed as Resolution Plaza, included a wide range of uses including, office, retail, and commercial pad sites, multi -family residential units, a day care, a seminary, and an ice arena. The conceptual CUP included multiple parcels, and its boundary extended from Locust Grove Road, west one-half mile towards Eagle Road, and contained approximately 55 acres. Condition 12.1 of the Findings of Fact and Conclusions of Law for Resolution Plaza required that "future phases of the project shall require separate Conditional Use Permits for each phase...." In accordance with the development agreement requirement, the applicant has submitted the subject Conditional Use Permit. The subject CUP application proposes to amend the previous CUP approval (CUP -00-017), and obtain detailed approval for the proposed medical office building. The applicant is not requesting any variances or waivers to any ordinance requirements. The subject applications (PFP and CUP) were submitted concurrently to the Planning and Zoning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary/final plat and conditional use permit applications below. Staff is recommending approval of the applications, with the conditions outlined in this report. CURRENT OWNERS OF RECORD N.M. Enterprises, L.L.C., is the current property owner, and Mark Guho, who is a registered agent, has submitted notarized consent for Roylance & Associates, P.A., to submit the subject applications. LOCATION & SURROUNDING USES The subject property is located near the southeast corner of Overland Road and Celebration Avenue, approximately %2 mile west of Eagle Road, in Section 20, Township 3 North, Range 1 East. The following uses surround the subject property: North — Vacant, zoned C -G South — Vacant, zoned L-O/Medical office, zoned L-O/Mountain View High School, zoned R-4 East — Vacant, zoned RUT (Ada County) West — Pediatrics office, zoned L -O PRELIMINARY/FINAL PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: Exhibit "A" 2 OF 16 i 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 3 A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and zoned is L -O. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staffanalysis is in italics belowpolicy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) • "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) This site has frontage on Overland Road, an arterial roadway. The applicant is proposing to construct a new access to Gala Street, a local/commercial street, and to extend the driveway from the west that connects to Celebration Avenue. The applicant is not proposing any direct lot access to Overland Road. Staff is supportive of the access proposal for this site. See Special Consideration "A" in the Preliminary/Final Plat section below. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Staff has included conditions for landscaping of this site. See Special Consideration "B" in the Preliminary/Final Plat section below. "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) A 35 foot wide landscape buffer easement was platted along Overland Road, an arterial street, with the Resolution Subdivision #1 plat. There is currently landscaping within the platted landscape easement abutting the site. "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The Meridian Fire Department has submitted comments and conditions for this site (see comments Exhibit "A" 3 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 4 at end of this report). One of the comments received from the Fire Department states that the proposed project is outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1. S miles from a given location and sufficient operational funds to staff the facilities. Staff does not anticipate that at the time offinal approval of the first phase of this development that the response time goals of the Fire Department will be achieved. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on an arterial roadway, Overland Road, and a local/commercial roadway, Gala Street. The property directly to the east of this site is designated as "Mixed Use — Regional " on the Comprehensive Plan. It is anticipated that this currently vacantparcel will include some multi family residential uses when it develops. Staff believes that the development of a medical/dental condominium office should complement the future, anticipated, residential uses. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Sidewalk currently exists abutting the site on Overland Road and Gala Street. The applicant is not requesting any modifications to the zoning standards for the L -O zone, as outlined in Meridian City Code. The proposed lot size, building setbacks, driveways, frontage, and all other dimensional standard requirements of the L -O zone are being met with the submitted application. Ifthe applicant complies with the conditions included in this report, staff finds that the overall site design of the condominium plat will be in general conformance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The site is currently serviced by city water and sewer. On March 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with Exhibit "A" 4 OF 16 • Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 5 serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the freeway (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The applicant has indicated, on the submitted site plan, that the refuse pick-up area will be located off-site and be shared with the existing medical office to the west. The applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSC). The Meridian Police Department has submitted comments and a condition for this site for safety lighting along the west side of the building. See Special Consideration `B" in the Conditional Use Permit Section below. Staff recommends that the Commission and Council reference the comments and conditions from the various agencies and departments, regarding their ability to adequately service this proj ect. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; As noted above, the project lies outside the five-minute response zone goal of the Meridian Fire Department. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. Staff finds that this development itself will not require major expenditures for providing supporting services. However, compounded with the other projects on the south side of the freeway that have recently been approved by the City, basic life support service in this area is not optimal at this time. Staff recommends that the Commission and Council reference any written and/or verbal testimony submitted by the Meridian Police and Fire Departments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Other than the Fire Department's concerns with serviceability, staff is not aware of any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. Staff has not identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their Exhibit "A" 5 OF 16 0 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 6 analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS (PRELIMINARY/FINAL PLAT) A. Access and Parking: As part of the subject application, the applicant is proposing to remove some existing curbing on the west property line to connect the drive aisles on the parcel to the west (Lot 1, Block 1, Gala Park Subdivision) with the subject drive aisles. Staff is supportive of this proposal. The applicant is also proposing to construct a new driveway off Gala Street, to the south. ACHD staff has reviewed and approved the access points. The proposed on-site and existing off-site drive aisles and parking all tie into each other. Therefore, the applicant should be required to gain approval from the property owner of the parcel to the west to utilize their driveway as access to Celebration Avenue, and provide cross -access to the property owner to the west to utilize the new drive aisles as access to Gala Street. Further, a cross parking/cross access agreement for all of the new units within the subdivision to utilize the driveways and parking shall be provided. Maintenance of the drive aisles and parking areas should be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. See Site Specific Condition #2 below. The proposed building is approximately 12,010 square -feet. Of this total square -footage, approximately 10,000 square -feet will be for examination rooms, treating rooms, waiting rooms, and office space. MCC 11-13-5.13.2 requires 1 parking stall for every 200 square feet of gross floor area for the above -listed uses, excluding hallways, storage, bathrooms, etc. In accordance with the parking requirements of the City, the applicant is proposing 52 new parking stalls for the development; 50 stalls are required by ordinance. All parking stalls and drive aisles should be constructed in accordance with Meridian City Code, as proposed. See Site Specific Condition #3 below. B. Landscape Plan: The submitted landscape plan, prepared by ZGA Architects and Planners, and dated 11- 14-03 is approved as submitted, with the following changes: Street Buffers: Meridian City Code 12-13-10-4 requires a 25 -foot wide landscape buffer along arterial streets, and a 10 -foot wide landscape buffer along local streets. The required landscape buffer along Overland Road, an arterial roadway, currently exists abutting the site. In accordance with Meridian City Code, the applicant should provide a 10 -foot wide landscape buffer along Gala Street, as proposed. Said landscape buffer shall be delineated on the final plat. Said landscape buffer shall not preclude the construction of hard -surface driveways. Landscaping shall be in accordance with MCC 12-13-10 (see Prohibited Materials below). Prohibited Materials: Meridian City Code 12-13-7-2 prohibits conifers from being planted in street buffers for non-residential subdivisions. The applicant is proposing to plant a Vanderwolf pine (a conifer) in the street buffer for Gala Street. A tree approved for planting within street buffers shall be installed along Gala Street where the conifer is shown (see Tree Selection Guide for Streets and Exhibit "A" 6 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 7 Landscapes Throughout Idaho). See Site Specific Condition #4 below. NOTE: Before the current Landscape Ordinance was adopted by the City, there were some conifers/pines constructed within the landscape buffers on Overland Road, Gala Street, and/or Celebration Avenue. Minimum Plant Size: MCC 12-13-7-3 requires all shade trees (deciduous) and ornamental trees to have a minimum 2 -inch caliper at planting; all evergreen trees should have a minimum 6-7 foot height; and all wood shrubs (not grasses) to be from a minimum two -gallon pot. There are several shrubs on the submitted landscape plan that have a minimum one -gallon pot. In accordance with MCC 12-13-7-3, all woody shrubs shall be from a minimum two -gallon pot. Land -Use Buffers: Meridian City Code 12-13-12-4 requires landscape buffers between the different classifications of land uses. For instance, a 20 -foot wide landscape buffer between an office use and a single-family home is required. Meridian City Code 12-13-12-2 requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use. A land use buffer is not required for uses with similar intensities, for instance a professional office next to a medical clinic. There is a pediatrics office, a similar use, west of the site; a landscape buffer is not required. The land use intensity classifications table does not include Ada County zones (MCC 12-13-12-4). The property directly to the east of the site is currently zoned RUT in Ada County and designated as Mixed Use — Regional on the City's Comprehensive Plan Future Land Use Map. The applicant is proposing a 20 -foot landscape buffer/building setback along the east property line. Staff anticipates that the future development of the currently vacant parcel to the east will either be a similar (office) use, or will be a more intense (commercial) use, and therefore a buffer will be required by the more intense use. Further, MCC 12-13-I1-2 requires one tree per thirty-five lineal feet with shrubs, lawn, or other vegetative groundcover, adjacent to vehicular use areas along the perimeter of a development. The applicant is proposing a 20 -foot wide landscape buffer between the proposed building and parking area. However, along the east property line is an existing Nampa -Meridian Irrigation District easement. This existing irrigation easement prevents trees from being planted within the buffer/setback to the east. Therefore, the applicant should be required to plant low-lying shrubs, not trees, within the proposed 20 -foot wide landscape buffer/building setback along the east property line. See Site Specific Condition #4 below. Existing Trees: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that may be removed (MCC 12-13-13-3). C. Covenants, Codes, and Restrictions: Idaho Code 55-1507 requires condominium developments to record by-laws, which set forth the restriction, requirements, and maintenance of the common elements and individual units. Staff recommends that for maintenance and operation purposes of the common areas (landscape, drive aisles, parking, etc.) as well as the individual units themselves, the applicant record by-laws/CCR's for this development. See Site Specific Condition #5 below. Exhibit "A" 7 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 8 D. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1- 28. See Site Specific Condition #6 below. E. Ditches, Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #7 below. SITE SPECIFIC CONDITIONS (PRELIMINARY/FINAL PLAT) 1. Applicant shall meet all of the requirements of the concurrent application (CUP -04-007) as a condition of the subject Preliminary/Final Plat (PFP-04-003). 2. Provide documentation to the Planning & Zoning Department, that the property owner to the west (Lot 1, Block 1, Gala Park Subdivision) has granted access for this site to utilize that property for access to Celebration Avenue. Provide a note on the plat granting cross -access to the lot to the west (Lot 1, Block 1, Gala Park Subdivision), to utilize this lot for access to Gala Street. Provide a note on the plat granting cross -access to all of the proposed units to utilize the drive aisles and parking areas. Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, AND/OR a recorded document such as CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 3. All drive aisles shall be constructed a minimum of 25 -feet wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code 12-4-14. All parking shall be constructed in accordance with Meridian City Code 11-13-1. 4. The submitted landscape plan, prepared by ZGA Architects and Planners, and dated 11-14-03 is approved as submitted, with the following changes: • Provide a 10 -foot wide landscape buffer along Gala Street. Said landscape buffer shall be delineated on the face of the final plat. Landscaping along Gala Street shall be in accordance with MCC 12-13- 10. • A tree approved for planting within street buffers shall be installed along Gala Street where the conifer (Vanderwolf pine) is shown. • All woody shrubs shall be from a minimum two -gallon pot. • Plant low-lying shrubs, not trees, within the proposed 20 -foot wide landscape buffer/building setback Exhibit "A" 8 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 9 along the east property line. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). A revised landscape plan, shall be submitted for review and approval with the submittal of the Certificate of Zoning Compliance (CZC) application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. 5. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Riverbirch Courtyard Condominium Association. Maintenance, repair and replacement of the common elements and payments therefor, including the method of approving payment vouchers shall be included in the condominium by-laws/CCR's. Said by-laws/CCR's shall include all of the elements required by Idaho Code and shall be recorded prior to, or concurrent with, the plat declaration. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Add/Amend the following notes to read: • Add a note stating that building setbacks shall be in accordance with Title 11 and Title 12 of Meridian City Code unless otherwise modified by Conditional Use Permit approval. • Add a note that reads: Direct lot access to Overland Road is prohibited unless approved by ACHD and the City of Meridian. Exhibit "A" 9 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 10 10. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Prior to signature of the final plat by the City Engineer, all sidewalks shall be constructed or a surety shall be provided in accordance with MCC 12-5.3. 11. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilites and one year thereafter to complete construction of those public facilities (MCC 12-2-4). STANDARD PLAT CONDITIONS: 1. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and including a 100 -year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 4. Coordinate mailbox locations with the Meridian Post Office. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed Exhibit "A" 10 OF 16 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 11 conditional use in terms of the following and may approve a conditional use permit if they find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; On the submitted site plan, the applicant has shown enough parking to accommodate the proposed use. The proposed setbacks are in accordance with the City established minimums for the L -O zone. The applicant is proposing to provide adequate landscaping along the perimeter, adjacent to the streets, and within the parking areas. Staff finds that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed development is harmonious with the current Comprehensive Plan Land Use Map which designates the property as "Commercial". Staff finds the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained herein. (See Preliminary Plat Analysis "A" for detailed information regarding this finding.) C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed medical/dental building will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. The Council and Commission should consider public testimony when determining if the proposed use will adversely change the essential character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. Staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. Exhibit "A" 11 OF 16 • 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 12 E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The subject site has adequate access to Overland Road via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. On March 12, 2004, a j oint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the freeway (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). Staff recommends that the Commission and Council reference the comments and conditions from the various agencies and departments, regarding their ability to adequately service this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; This development is estimated to generate 433 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed medical use is consistent with the existing office use just to the west of the site. Staff does not anticipate that the proposed use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a new driveway off Gala Street, located near the site's Exhibit "A" 12 OF 16 • Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 13 east property line. The applicant is proposing to connect the new parking lot area with the existing parking lot area to the west which leads to Celebration Avenue. ACHD staff has reviewed and approved these vehicular approaches. There are no vehicular approaches to Overland Road proposed with this application. Staff finds that the proposed use and associated approaches will not create significant interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is not aware of any natural, scenic or historic features in the general vicinity of this project. Staff finds that no site improvements associated with the Conditional Use Application should damage natural, scenic or historic features in the area. SPECIAL CONSIDERATIONS (CUP) A. Building Setbacks: The proposed site plan proposes building setbacks in accordance with Meridian City Code for the L -O zone. B. Miscellaneous: Fire Hydrant Relocation: The applicant is proposing to relocate an existing hydrant, located near the southeast corner of the site. The applicant should coordinate this relocation with the Meridian Fire and Public Works Departments. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. See Site Specific Condition #2 below. Trash: MCC requires all trash and/or garbage collection areas for commercial, industrial, and multi- family residential uses to be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. The applicant is proposing to share the existing trash enclosure, located off-site, with the pediatrics office to the west. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). See Site Specific Condition #3 below. Lighting: The Meridian Police Department has raised some concerns over the proposed HVAC area (see comments at the end of this report). As designed, the HVAC on the west side of the site creates a hiding place and does not offer natural surveillance opportunities. In order to increase visibility, a motion light should be installed along the west side of the building, above the HVAC unit. See Site Specific Condition #4 below Signage: All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. See Site Specific Conditions #5 below. SITE SPECIFIC CONDITIONS (CONDITIONAL USE) Exhibit "A" 13 OF 16 • 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 14 All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP -04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L -O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standard parking stalls shall be 9 -feet wide by 19 -feet long. Designated compact stalls may be constructed to a width of 7'/Z feet -wide (minimum) by 15 -feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. GENERAL CONDITIONS 1. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into a surface water is prohibited unless the jurisdiction which has authority over the Exhibit "A" 14 OF 16 0 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 15 receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. 7. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. Other Agency/Department Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3 - yard dumpster, with pick-up on multiple days will be needed. MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN POLICE DEPARTMENT 1. The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. MERIDIAN FIRE DEPARTMENT A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. Exhibit "A" 15 OF 16 0 0 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 16 d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. RECOMMENDATION Staff recommends approval of the submitted Preliminary/Final Plat (PFP-04-003), and Conditional Use Plermit (CUP -04-007) applications, with the conditions listed herein. Exhibit "A" 16 OF 16 a 8) 939-8928 P.1 NM ENTERPRISES L, T. C. :3<i.l W. State Street, Suite G - Eagle, Idaho 8:361.6 • (208) 939-8850 Fax (208) 938-8850 March 29, 2004 City of Meridian Office of City Clerk 33 E. Idaho Avenue Meridian, Idaho 83642 Fax: 888-4218 Ref: Staff Report — Riverbirch Courtyard Condominiums File No.: PFP-04-003 CUP -04-007 4.4 f "�; Applicant, NM Enterprises, LLC, acknowledges receipt of Staff Report for Riverbirch Courtyard Condominiums and agree to comply with stated special considerations, site specific conditions, standard plat conditions, standards for conditional uses, special considerations for (CUP), site specific conditions (Conditional Use), general conditions and other agency department comments and conditions. Sinc ely, Mark N. Guho ��.(✓iV" *A rr /r W / May 13, 2004 CUP 04-007 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT N.M. Enterprises ITEM NO. • REQUEST Findings — Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical/dental office in an L -O zone — s/o East Overland Road & e/o Celebration Avenut AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Soo attachod Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: cY_ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 1 ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached letter from Mark Guho Contacted: Jamin Date: Phone: Emailed: aG-V-% - AArf0vrA)YN i IIINPAWMAr-, ASinkInitials_ Mat9dals prosontod at public modlnps shah bocome proporly of ih4Cill—jr of Moddlon. a _ r•. 120 939-8928 • • p.l NM ENTERPRISES L.L,C, 39.1. W. State Street, Suite G • Eagle, Idaho 8.3616 • (208) 9:39-8850 Fax (208) 938-8850 March 29, 2004 City of Meridian Office of City Clerk 33 E. Idaho Avenue Meridian, Idaho 83642 Fax: 888-4218 Ref: Staff Report — Riverbirch Courtyard Condominiums File No.: PFP-04-003 CUP -04-007 r MAY 10 2004 O :�1er'diai; Cinrk Office Applicant, NM Enterprises, LLC, adcnowledges receipt of Staff Report for Riverbirch Courtyard Condominiums and agnea to comply with stated special considerations, site specific conditions, standard plat conditions, standards for conditional uses s considerations for (CUP), site specific conditions (Conditional Use). pedal and other agency department comments and conditions. )general conditions Sly, i, z, 6ea, 4. 9, Mark N. Guho MAR 29 '04 12:03 208 939 8928 PW -F oil A'I' 1 z 2004 interoffice MEMORANDUM (21(y Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: N.M. ENTERPRISES FOR CONDITIONAL USE PERMIT FOR RIVERBIRCH COURTYARD CONDOMINIUMS AS REQUIRED BY THE DEVELOPMENT AGREEMENT FOR RESOLUTION BUSINESS PARK FOR A MEDICAL/DENTAL OFFICE IN AN L -O ZONE File No.: CUP -04-007 Date: May 10, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. ZAWork\M\Meridian\Meridian 1536WRiverbirch Coutyard Condos PFP-04-003 CUP-04-007\C1kLhCUPffcls&Order.doc 0 • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR RIVERBIRCH COURTYARD CONDOMINIUMS AS REQUIRED BY THE DEVELOPMENT AGREEMENT FOR RESOLUTION BUSINESS PARK FOR A MEDICAL/DENTAL OFFICE IN AN L -O ZONE, LOCATED NEAR THE SOUTHEAST CORNER OF OVERLAND ROAD AND CELEBRATION AVENUE, APPROXIMATELY % MILE WEST OF EAGLE ROAD, IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO N.M. ENTERPRISES, APPLICANT C/C 05-04-04 Case No. CUP -04-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 4, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, and Mark Guho, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 4, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 4, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a L -O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Council on this application. 4. The property is located near the southeast corner of Overland Road and Celebration Avenue, approximately '/i mile west of Eagle Road, in Section 20, Township 3 North, Range 1 East, Meridian, Idaho. 5. The owner of record of the subject property is N.M. Enterprises, LLC, and Mark Guho, a registered agent, has provided notarized consent for the subject application. 6. Applicant is N.M. Enterprises, LLC. 7. The subject property is currently zoned L -O. The zoning district of L -O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit for approval to construct a 12,010 square -foot medical/dental office building. As part of the previous approval on this site (Resolution Plaza, CUP -00-017), this site must obtain a new Conditional Use Permit for any proposed use(s). Plan. 9. The proposed application is in compliance with the Meridian Comprehensive 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 • subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP -04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L -O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standard parking stalls shall be 9 -feet wide by 19 -feet long. Designated compact stalls may be constructed to a width of 7% feet -wide (minimum) by 15 -feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 GENERAL CONDITIONS Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. 7. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 0 • B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval Locate driveways on Gala Street a minimum of 50 -feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 • • 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 • F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3 -yard dumpster, with pick-up on multiple days will be needed. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. 13. On the submitted site plan, the applicant has shown enough parking to accommodate the proposed use. The proposed setbacks are in accordance with the City established minimums for the L -O zone. The applicant is proposing to provide adequate landscaping along the perimeter, adjacent to the streets, and within the parking areas. It is found that the site is large enough to accommodate the proposed uses and all yards, open spaces, parking, landscaping and other features required by ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 14. It is found that the proposed development is harmonious with the current Comprehensive Plan Land Use Map which designates the property as "Commercial". It is also found that the development plan is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the adopted Comprehensive Plan, if the applicant complies with the Site Specific and General Conditions contained here. 15. It is found that the proposed medical/dental building will be compatible with other uses in the neighborhood and with the intended character of the general vicinity, which includes a mix of residential, commercial, office, and school uses. 16. It is not anticipated the proposed use will have an adverse affect on other property in the vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and General Conditions of approval. 17. The subject site has adequate access to Overland Road via local streets in the area. The City of Meridian Fire and Police Departments currently monitor, service, and protect the subject neighborhood. Sanitary Services Company currently provides refuse service to the site and surrounding properties. The site is serviced by city water and sewer currently. On March 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the freeway. 18. The developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 0 0 police services. It is found that there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 19. The development is estimated to generate 433 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The proposed medical use is consistent with the existing office use just to the west of the site. It is not anticipated that the proposed use, will be detrimental to the general welfare of the community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed residential use. 20. The applicant is proposing to construct a new driveway off Gala Street, located near the site's east property line. The applicant is proposing to connect the new parking lot area with the existing parking lot area to the west which leads to Celebration Avenue. ACHD staff reviewed and approved these vehicular approaches. There are no vehicular approaches to Overland Road proposed with the application. It is found that the proposed use and associated approaches will not create significant interference with any traffic on the surrounding public streets. 21. There are no natural, scenic or historic features in the general vicinity of this project. It is found that no site improvements associated with the Conditional Use Application should damage natural, scenic or historic features in the area. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 0 0 under the "Act' except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 0 6 f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the L -O zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 • 11-17-6) U 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit to construct a 12,010 square -foot medical/dental office building on 1.24 acres in the L -O zone, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP -04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L -O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standard parking stalls shall be 9 -feet wide by 19 -feet long. Designated compact stalls may be constructed to a width of 7% feet -wide (minimum) by 15 -feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. GENERAL CONDITIONS 1. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. 7. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of ApDroval Locate driveways on Gala Street a minimum of 50 -feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 U • 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: The Parks Department has no concerns with the site design as submitted with the application. F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3 -yard dumpster, with pick-up on multiple days will be needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 0 • G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 • Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 • 0 City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Ig -I& day of , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED_V� , VOTED_0'� VOTED VOTED_07!�— MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED:- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 • Attest: — , 'd' &- - - - �- /,/"I, - " a -, Wi Tam G. Berg, Jr., City Cl rk Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:_.A�"a (,M, City Clerk • ZAWork\M\Meridian\Meridian 15360M\Riverbirch Coutyard Condos PFP-04-003 CUP-04-007\FtC1sCUP04-007.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 0 • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR RIVERBIRCH COURTYARD CONDOMINIUMS AS REQUIRED BY THE DEVELOPMENT AGREEMENT FOR RESOLUTION BUSINESS PARK FOR A MEDICAL/DENTAL OFFICE IN AN L -O ZONE, LOCATED NEAR THE SOUTHEAST CORNER OF OVERLAND ROAD AND CELEBRATION AVENUE, APPROXIMATELY % MILE WEST OF EAGLE ROAD, IN SECTION 20, TOWNSHIP 3 NORTH, RAGNE 1 EAST, MERIDIAN, IDAHO N.M. ENTERPRISES, APPLICANT C/C 05/04/04 Case No. CUP -04-007 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on May 4, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to construct a ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 1 OF 10 12,010 square -foot medical/dental office building on 1.24 acres in an L -O zone, subject to the following conditions of use and development: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the concurrent Preliminary/Final Plat application (PFP-04-003) shall also be considered conditions of the subject Conditional Use Permit (CUP -04-003). 2. The minimum building setbacks for this development shall be according to the City minimums for the L -O zone. Construction materials used on the structure shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 4. Install a motion light on the west side of the building, above the proposed HVAC unit. 5. No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance (MCC 11-14). 6. Standard parking stalls shall be 9 -feet wide by 19 -feet long. Designated compact stalls may be constructed to a width of 7% feet -wide (minimum) by 15 -feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. GENERAL CONDITIONS 1. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 2 OF 10 • • 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 6. A building permit shall be obtained prior to the start of construction. 7. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. 9. As part of a Conditional Use Permit, the City of Meridian may impose additional restrictions/conditions. B. Adopt the Recommendations of ACHD as follows: ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 3 OF 10 Site Specific Conditions of Approval 1. Locate driveways on Gala Street a minimum of 50 -feet from any public street intersection (measured near edge to near edge). The applicant shall be required to pave the driveways on Gala Street their full width (maximum 36 -feet) and at least 30 -feet into the site beyond the edge of pavement of the roadway. 2. Direct lot or parcel access to Overland Road is prohibited. Lot access restrictions as required with this application shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 4 OF 10 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 5 OF 10 • 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 8. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 6 OF 10 • • 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). It is anticipated that a 3 -yard dumpster, with pick-up on multiple days will be needed. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 5. If the developer wishes to have Nampa & Meridian Irrigation District own, operate and maintain the pressure urban irrigation system, the district must first review and approve the plans based on the District's specifications. A pressure Urban Irrigation System Contract must be entered into, with the District, prior to our operating the system. H. Adopt the Recommendations of the Meridian Police Department as follows: 1. The proposed HVAC area does not offer natural surveillance opportunities. In order to increase visibility, a motion light shall be installed along the west side of the building, above the HVAC unit. The above conditions are concluded to be reasonable and the applicant shall meet ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 7 OF 10 0 • such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the ORDER CONDITIONAL USE PERMIT (CUP -04-007) PAGE 8 OF 10 0 original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11 -17 - NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ORDER CONDITIONAL USE PERMIT (CUP -04-007) 2004. Tammy de We , ayor City of Meridian PAGE 9 OF 10 of: 0�" SEAL William G. Berg, Jr., City CfferV is Copy served upon Applicant, the Plan@0g'.&4,,77ffl*n ment, Public Works Department and City Attorney. 6 Ok"\\\ By: Anxa Dated: I, 2C(A Clty Clerk's O"ffice 0 ZAWork\M\Mcridian\Maridian 15360MMivefbirch Courtyard Condos PFP-04003 CUP-04-007\OrderCUP.doc ORDER CONDITIONAL USE PERMff (CUP -04-007) PAGE 10 OF 10 • May 13, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Ptimeland Development, LLP ITEM NO.� REQUEST Findings -- Request for Preliminary Final Plat approval for the re -subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 and 3 building lots on 2.63 acres in an R-4 zone for Bridgetower Crossing / Gallery Subdivision — nec of W. Beiltower Dr. & N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: �� " ' D V Emailed: - Staff Initials: Materia presented at public me*&W shall become property of the City of Meridian. 2004 Interoffice r ?f ?_Cc MEMORANDUM To: From: Subject: File No. Date: William G. Berg, Jr. Wm. F. Nichol Bridgetower rossin Jivision No. 2 and 3 By: Primeland Development, LLP PFP-04-002 — Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat May 10, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Bridgetower Crossing -Gallery Sub PFP-04-002\Berg PFP MEMO 05 10 04.doc 0 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY/FINAL PLAT FOR ) RE -SUBDIVISION OF LOT 3, BLOCK 10, OF ) BRIDGETOWER CROSSING SUBDIVISION ) NO.2 INTO 3 BUILDING LOTS ON 2.63 ) ACRES IN AN R-4 ZONE FOR BRIDGE- ) TOWER CROSSING/GALLERY ) SUBDIVISION, LOCATED ON THE NORTH- ) EAST CORNER OF TEN MILE ROAD AND ) BELLTOWER DRIVE, APPROXIMATELY 1/3) OF A MILE SOUTH OF McMILLAN ROAD, ) IN SECTION 35, TOWNSHIP 4 NORTH, ) RANGE 1 WEST, MERIDIAN, IDAHO ) PRIMELAND DEVELOPMENT, LLP, ) APPLICANT. ) C/C 05/04/04 CASE NO. PFP-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 4, 2004, and Anna Powell Planning Director, and Becky McKay, appeared and testified at the hearing, and the City Council having received a report from Craig Hood for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "GALLERY SUBDIVISION SECTION 35, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDHAO, PRELIMINARY PLAT, DWG.DATE 02/12/04, PROJ. NO. 40102, SHEET FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 1 OF 7 • • 1 OF 1 PRE, /40102-PRE.DWG, 02/12/2004, PRIMELAND DEVELOPMENT, LLP — OWNERS OF RECORD, PRIMELAND DEVELOPMENT, LLP — DEVELOPER, BECKY McKAY - PLANNER/CONTACT - ENGINEERS SOLUTIONS, LLP", Primeland Development, LLP submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-4 (Low Density Residential District), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 C] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Office. Office areas are anticipated to provide opportunities for low - impact businesses. These businesses include offices, technology and resource centers; ancillary commercial uses may be considered. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 2 OF 7 • Plan are applicable to this application as follows: Chapter VII, Goal III, Objective A, Action item 1 Chapter VII, Goal IV, Objective D, Action item 2 Chapter VI, Goal II, Objective A, Action item 12 Chapter VII, Goal IV, Objective D, Action item 5 Chapter VI, Goal II, Objective A, Action item 3 • It is found that if the applicant complies with the conditions included in these Findings, the lot configuration and overall design of the subdivision will be in general conformance with the City of Meridian Comprehensive Plan. 3. The developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The existing Lot 3, Block 10 is currently serviceable by city water and sewer. The applicant shall bear the cost of extending mains/service lines to each of the individual proposed lots. On March 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted comments and conditions, which are listed in the number 2. hereinbelow. It is found that public services can be made available to accommodate the proposed development. 4. The developer is installing sewer, water, and utilities for the development at their cost. It is found that the subdivision will not conflict with the capital improvement program. 5. It is found that the City and its related services are capable of servicing the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO.2 AND 3 - (PFP-04-002) PAGE 3 OF 7 E • proposed development. The development will not require major expenditures for providing supporting services. 6. Staff is not aware of any health, safety or environmental problems associated with this subdivision. There has not been identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary/Final Plat of the applicant as evidenced by "GALLERY SUBDIVISION SECTION 35, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDHAO, PRELIMINARY PLAT, DWG.DATE 02/12/04, PROJ. NO. 40102, SHEET 1 OF 1 PRE, /40102-PRE.DWG, 02/12/2004, PRIMELAND DEVELOPMENT, LLP — OWNERS OF RECORD, PRIMELAND DEVELOPMENT, LLP — DEVELOPER, BECKY McKAY - PLANNER/CONTACT - ENGINEERS SOLUTIONS, LLP", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 4 OF 7 • • set forth in the Memorandum to the Mayor and City Council from Craig Hood for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004, listing 6 Site Specific Conditions - Preliminary and 11 Site Specific Conditions — Final Plat, and 14 Standard Plat Conditions, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of eleven pages, and by this reference incorporated herein, and the response letter from Becky McKay of Engineering Solutions dated April 30, 2004, a true and correct copy of which is attached hereto and marked Exhibit `B", and consisting of four pages, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of May 4, 2004, and the requirements are as follows, to -wit: 2.1 Per the action of the City Council taken at their May 4, 2004 meeting, and specifically pertaining to the staff report under Site Specific Conditions — Final Plat, numbers 2 and 3, they shall now read as follows: SITE SPECIFIC CONDITIONS (FINAL PLAT) 2. Prior to issuance of an Occupancy permit, the drive aisle from Belltower Drive, as well as the internal drive aisle, shall be constructed in accordance with Meridian City Code. (Per action of the City Council taken at their May 4, 3004 meeting.) 3. Prior to issuance of an Occupancy permit, parking in accordance with Meridian City Codes shall be provided for each individual building. (Per action of the City Council taken at their May 4, 2004 meeting.) 3. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 5 OF 7 • signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on /19'day of 2004. By: Tammy e eerd Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 6 OF 7 Ll ``��t,u n n it+rrrri Attest: \\`\y Of ro � TFO SEAL - William G. Berg, Jr., City Cl rk o� G O %909 GUST isl ., P�. O Copy served upon Applicant, the Planniri*'91 i><Y a 3artment, Public Works Department and City Attorney. 11'1''''+111 BY: Dated: 2U20-4 City Clerk ZAWork\MUMeridian\Meridian 15360ABridgetower Crossing -Gallery Sub PFP-04-002\PFP FfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - BRIDGETOWER CROSSING SUBDIVISION NO. 2 AND 3 - (PFP-04-002) PAGE 7 OF 7 J SINCE 3`,1903 STAFF REPORT: P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner C Bruce Freckleton, Senior Engineering Tech. Subject: Gallery Subdivision Preliminary and Final Plat (PFP) Approval of Three (3) Buildable Lots on 2.63 Acres, for Gallery Subdivision, by Primeland Development, LLP. (File No. PFP-04-002) We have reviewed the aforementioned application and now offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, Primeland Development, LLP, has applied for Preliminary/Final Plat (PFP) approval of three (3) office lots on 2.63 acres. The site is located on the northeast corner of Ten Mile Road and Belltower Drive, approximately 1/3 of a mile south of McMillan Road, in an R-4 (Low Density Residential) Zone. This property is currently designated "Office” on the 2002 Comprehensive Plan Land Use Map. The subject property is commonly known as Lot 3, Block 10, Bridgetower Crossing Subdivision #2. The applicant is proposing to re -subdivide Lot 3, Block 10, into three new lots for Gallery Subdivision. The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). Although this site is currently zoned R-4, CUP -01-006 approved office -type uses for this property as a use - exception. Approximately 20% of the land area within the Bridgetower Development has been set aside for office/commercial uses. The Development Agreement for Bridgetower Crossing outlines what uses are allowed, conditionally allowed, and prohibited on the subject site. As part of the previous approval for office uses on this site, all building setbacks are subject to the L -O zoning setbacks, and not the R-4 zoning setbacks. The applicant is not requesting any modifications to setbacks or dimensional standards of the City. EXHIBIT "A" 1 of 11 • " ` CITY HALL MAYOR Tammy de Weerd , (208) 888-4433 — Fax 887-4813 CITY OF � ..„: PUBLIC WORKS CITY COUNCIL MEMBERS Warid&ji BUILDING DEPARTMENT Keith Bird wv (208) 887-2211 Fax 898-9551 William L.M. Nary Shaun Wardle Charles M. Rountree \\\��. � IDAHO t/ / LEGAL DEPARTMENT (208) 466-9272 — FAX 466-4405 J SINCE 3`,1903 STAFF REPORT: P & Z Hearing Date: April 1, 2004 Transmittal Date: March 26, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner C Bruce Freckleton, Senior Engineering Tech. Subject: Gallery Subdivision Preliminary and Final Plat (PFP) Approval of Three (3) Buildable Lots on 2.63 Acres, for Gallery Subdivision, by Primeland Development, LLP. (File No. PFP-04-002) We have reviewed the aforementioned application and now offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, Primeland Development, LLP, has applied for Preliminary/Final Plat (PFP) approval of three (3) office lots on 2.63 acres. The site is located on the northeast corner of Ten Mile Road and Belltower Drive, approximately 1/3 of a mile south of McMillan Road, in an R-4 (Low Density Residential) Zone. This property is currently designated "Office” on the 2002 Comprehensive Plan Land Use Map. The subject property is commonly known as Lot 3, Block 10, Bridgetower Crossing Subdivision #2. The applicant is proposing to re -subdivide Lot 3, Block 10, into three new lots for Gallery Subdivision. The subject development is eligible for a combined preliminary/final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). Although this site is currently zoned R-4, CUP -01-006 approved office -type uses for this property as a use - exception. Approximately 20% of the land area within the Bridgetower Development has been set aside for office/commercial uses. The Development Agreement for Bridgetower Crossing outlines what uses are allowed, conditionally allowed, and prohibited on the subject site. As part of the previous approval for office uses on this site, all building setbacks are subject to the L -O zoning setbacks, and not the R-4 zoning setbacks. The applicant is not requesting any modifications to setbacks or dimensional standards of the City. EXHIBIT "A" 1 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 2 The applicant is proposing to provide access to all three lots via a 25 -foot wide drive to Belltower Drive. A cross -access easement was platted with Bridgetower Crossing Subdivision #2 for Lots 1-3, Block 10, to use said drive as access to the public roadway system. Other than this shared access point, no other access is proposed to Ten Mile Road or Belltower Drive with the subject application. Staff is supportive of the proposed access to the site. See Special Consideration "A" in the Preliminary/Final Plat Analysis below. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary/final plat application below. Staff is recommending approval of the application, with the conditions outlined in this report. CURRENT OWNERS OF RECORD Primeland Development, LLP, is the current property owner, and Frank Varialle, who is an authorized agent, has submitted notarized consent for Engineering Solutions, LLP, to submit the subject application. LOCATION & SURROUNDING USES The subject property is located on the northeast corner of Ten Mile Road and Belltower Drive, approximately 1/3 of a mile south of McMillan Road, in Section 35, Township 4 North, Range 1 West. The following uses surround the subject property: North — Future office lots in Bridgetower Crossing, zoned R-4 / Future Meridian City well site, zoned R-4 South — Future office/commercial in Bridgetower Crossing East — Un -platted residential phase in Bridgetower Crossing & waterfall, zoned R-4 West — Drawbridge Subdivision, zoned R-3 / Single-family residential on large lots, zoned RUT (Ada County) PRELIMINARY/FINAL PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Office" on the Comprehensive Plan Future Land Use Map and zoned R-4. In Chapter VII of the Comprehensive Plan, "Office" areas are anticipated to provide opportunities for low -impact businesses. These businesses include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staffanalysis is in italics belowpolicy): "Require that development projects have planned for the provision of all public services." (Chapter VII, Goal III, Objective A, Action item 1) EXHIBIT "A" 2 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 3 The developer provided water and sewer services to the site as a condition of the Bridgetower Crossing approval. The planning process has also included emergency services for this area. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) • "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action item 12) No new access points to Ten Mile Road are proposed with this application. The previously approved access point to Belltower Drive will be shared by all of the lots in the development. A cross -access easement is currently in effect for the lots to use the same access point. • "Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 5) A 35 foot wide landscape buffer easement was platted along Ten Mile Road, an arterial street, with the Bridgetower Crossing Subdivision #2. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. There is currently sidewalk on both Ten Mile Road and Belltower Drive abutting the site. Staff finds that if the applicant complies with the conditions included in this report, the lot configuration and overall design of the subdivision will be in general conformance with the City of Meridian Comprehensive Plan. B. The availability of public services to accommodate the proposed development; If approved, the developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The existing Lot 3, Block 10 is currently serviceable by city water and sewer. The applicant shall bear the cost of extending mains/service lines to each of the individual proposed lots. EXHIBIT "A" 3 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 4 On March 12, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire and Police Departments have submitted comments and conditions, which are listed at the end of this report. Staff finds that public services can be made available to accommodate the proposed development. Staff recommends that the Commission and Council reference the comments and conditions from the various agencies and departments, regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public financial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. Staff recommends that the Commission and Council reference any written and/or verbal testimony submitted by the Meridian Police and Fire Departments with regard to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. Staff has not identified any environmental problems that may be associated with the development of this site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended, with conditions, approval of the subject subdivision. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. SPECIAL CONSIDERATIONS (PRELIMINARY/FINAL PLAT) A. Access and Parking: As part of the CUP/PD application (CUP -01-006) for Bridgetower Crossing, the developer provided a 25 -foot wide cross -access easement for the office lots north of Belltower Drive. The applicant is proposing to utilize this easement and provide access to each of the three new lots from the shared access, not Ten Mile Road. See Site Specific Condition #2 in the Preliminary Plat section and Site Specific Condition #5 in the Final Plat section below. Drive Aisles and Parking Design On the submitted preliminary plat, the applicant has depicted a cross - access and parking easement. This easement runs across all of the buildable lots, and is centrally located EXHIBIT "A" 4 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 5 to all of the future building pads. No buildings are proposed in this development at this time. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant will be required to provide access and parking to the lot(s) in compliance with City Code. The drive aisle from Belltower Drive as well as the internal drive aisles and parking stalls will need to be constructed in accordance with MCC 11-13. The drive aisles and parking area should include turnarounds, curbing, etc. consistent with the City's requirements. Staff is supportive of the general design of the proposed driveway. See Site Specific Conditions #2 & #3 in the Final Plat Section below. Cross Access Agreement: As stated above, the applicant is proposing to utilize one access point onto Belltower Drive to serve the development. ACHD staffhas previously reviewed and approved the access point for compliance with policy. The new lots in the development all share a driveway off the previously approved cross -access drive aisle. The applicant is proposing to provide a new cross -access and parking easement within the development. Therefore, the applicant should be required to delineate the cross -access and parking easement on the face of the final plat, AND/OR record a cross- parking/cross-access agreement for all of the lots within the subdivision. Maintenance of the parking and drive aisles should also be provided for with a note on the plat, AND/OR a recorded document such as OCR's. See Site Specific Condition #4 in the Final Plat section below. Parking on Ten Mile and Belltower Drive: Consistent with previous approval for the Bridgetower Development, no on -street parking is allowed on Ten Mile Road or Belltower Drive. See Site Specific Condition #3 in the Preliminary Plat section below. B. Building Setbacks/Orientation: Although this site is currently zoned R-4, CUP -01-006 approved office -type uses for this property as a use -exception. The Development Agreement for Bridgetower Crossing outlines what uses are allowed, conditionally allowed, and prohibited on the subject site. All building setbacks are subject to the L -O zoning setbacks, and not the R-4 zoning setbacks (Note #19 on the recorded plat for Bridgetower Crossing Subdivision #2). Further, Note #19 states that building setbacks (rear) shall be measured from the westernmost cross -access easement line. The applicant has carried the building setback note onto the subject plat (Final Plat Note #8). Because the applicant is proposing a new cross -access easement, this note on the Gallery Subdivision Final Plat becomes confusing. Staff recommends that this note be clarified that the rear setbacks for this development be measured from the westernmost cross -access easement line coming off Belltower Drive, and not the new cross -access easement internal to the subdivision. See Site Specific Condition #6 in the Final Plat section below. As noted in the Drive Aisle and Parking section above, there are no buildings proposed on this site at this time. When a Certificate of Zoning Compliance (CZC) is issued for each building in this development, staff will not only be verifying that the setbacks are in compliance, but also that the orientation and construction of each building is consistent with the approved photos/elevations submitted for this site with CUP -01-006. Even though there is no direct lot access to Ten Mile Road, staff believes that the construction of the buildings should be attractive from Ten Mile Road and Belltower Drive. The intent of this comment is to prevent the west and south elevations of the future buildings from being blank walls and looking like the back of buildings. See Site Specific Condition #1 in the Preliminary and EXHIBIT "A" 5 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 6 Final Plat sections below. C. Landscape Plan: The applicant has not submitted a landscape plan for this development. All of the required landscaping and sidewalk improvements to Ten Mile Road and Belltower Drive have been installed with the approval of Bridgetower Crossing Subdivision #2 in 2003. With each Certificate of Zoning Compliance (CZC) application, detailed landscape plans will be required for each lot. Said landscape plans will be required to depict internal landscaping of the parking and drive aisles, as well as any existing landscaping on the lot/site (including Ten Mile Road and Belltower Drive). D. Covenants, Codes, and Restrictions: The applicant has submitted a copy of the CCR's for Primeland Subdivision with the application. Staff recommends that for maintenance and operation purposes of the common areas (landscape, drive aisles, parking, etc.), the applicant record CCR's for this development. See Site Specific Condition #4 below. E. Pressure Irrigation: Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The applicant has indicated that the pressurized irrigation system within this development will be owned and operate by the HOA of Bridgetower, Verona, and Gallery Subdivisions. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #5 below. F. Ditches. Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #6 below. SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. Applicant shall meet all of the requirements of PFP-04-002, CUP -01-006, and Bridgetower Crossing Subdivision #2, as a condition of the subject application. 2. Lots 1, 2, and 3, Block 1, shall utilize a common drive aisle, as proposed. Prior to issuance of a Certificate of Zoning Compliance (CZC), the drive aisle, from Belltower Drive into the site, shall be constructed in accordance with Meridian City Code. 3. Consistent with previous approvals for the Bridgetower Development, no on -street parking is allowed on Ten Mile Road or Belltower Drive. EXHIBIT "A" 6 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 7 4. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Gallery Business Owners' Association. 5. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1- 2. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. SITE SPECIFIC CONDITIONS (FINAL PLAT) 1. The applicant shall meet all of the requirements of PFP-04-002, CUP -01-006, and Bridgetower Crossing Subdivision #2, as a condition of the subject final plat. 2. Prior to issuance of an Occupancy permit, the drive aisle from Belltower Drive, as well as the internal drive aisle, shall be constructed in accordance with Meridian City Code. (Per action of the City Council taken at their May 4, 2004 meeting.) 3. Prior to issuance of an Occupancy permit, parking in accordance with Meridian City Codes shall be provided for each individual building. (Per action of the City Council taken at their May 4, 2004 meeting.) 4. Prior to signature of the final plat by the City Engineer, delineate, on the face of the final plat, a cross -access and parking easement across Lots 1, 2, and 3, Block 1, AND/OR record a cross- parking/cross-access agreement for all of the lots within the subdivision to utilize a shared drive aisle. Maintenance of the parking and drive aisles shall also be provided for with a note on the plat, AND/OR a recorded document such as CCR's. 5. Access to this development shall be from the existing cross -access easement recorded with Bridgetower Crossing Subdivision #2. No direct lot or parcel access to Ten Mile Road or Belltower Drive is approved with this application. Place a note on the final plat restricting direct lot or parcel access to Ten Mile Road and Belltower Drive. EXHIBIT "A" 7 of 11 0 • Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 8 6. Clarify the wording of Note #8 so that the rear setbacks for this development should be measured from the westernmost cross -access easement line coming off Belltower Drive, and not the new cross - access easement internal to the subdivision. 7. Amend the following notes to read: (2.) Remove note, or if known, specifically show where easements will be necessary to provide utility services to each lot. 8. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100 -year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 9. Label and dimension the existing landscape easement along Belltower Drive as such. 10. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilites and one year thereafter to complete construction of those public facilities (MCC 12-2-4). 11. Staff's failure to cite specific ordinance provisions or terms of the approved Annexation, Conditional Use Permit, Bridgetower Crossing Subdivision #2 Final Plat, or the recorded Development Agreement does not relieve the applicant of responsibility for compliance. STANDARD PLAT CONDITIONS: 1. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Down -shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 4. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment EXHIBIT "A" 8 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 9 and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. An operation and maintenance agreement for joint drainage facilities shall be developed for inclusion in the CCR's of the subdivision. 5. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24 -hours for all storms up to and including a 100 -year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the building footings are at least 1 -foot above groundwater. 6. Coordinate mailbox locations with the Meridian Post Office. 7. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. Prior to signature of the final plat by the City Engineer, all sidewalks shall be constructed or a surety shall be provided in accordance with MCC 12-5.3. 8. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, including lot and block numbering. Make any corrections necessary to conform. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 12. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. EXHIBIT "A" 9 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 10 13. Any dumpster(s) must be screened in accordance with MCC 11-12-1.C. Trash enclosures must be built in the location and to the size approved by the Sanitary Services Company (SSC). 14. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). A building permit shall be obtained prior to the start of construction. Other Aaency/Denartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submitted stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). MERIDIAN PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. MERIDIAN POLICE DEPARTMENT 1. The Police Department has no concerns related to the preliminary plat submitted. Please contact Chief Bill Musser for detailed review of the future site design. Submit a stamped (approved) plans with your Certificate of Zoning Compliance (CZC) application(s). MERIDIAN FIRE DEPARTMENT 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. EXHIBIT "A" 10 of 11 Planning & Zoning Commission/Mayor & City Council Hearing Date: April 1, 2004 Page 11 7. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex if it is gated in the future. 11. Paint the curb red and provide signage "No Parking Fire Lane" at the entrance and any turnaround areas. 12. The first digit of the Office Suite(s) shall correspond to the floor level. 13. All processes and storage practices shall be required to comply with the International Fire Code. RECOMMENDATION Staff recommends approval of the submitted Preliminary/Final Plat (PFP-04-002) application, with the conditions listed herein. EXHIBIT "A" 11 of 11 "Go ouauuaons �3 y38 0941 NCllNEEI �l NG QoesrbrElepare 150 Bast Aibew Std Suite B owTIONS PhMe:E g>ID 680 FWC (208) 938-0941 E-mail: ft4w*Ym@qwn.net April 30, 2004 Mayor and City Council City of Meridian 33 But Idaho Avenue RECEIVRD Meridian, M 83642 Re: Ganer3'' Subdivision (Final Plat) APR 3 0 2004 -,. File No. PFP-04-002 City Of Meridian.ce �' Mayor and Council: City Clerk Offi We have reviewed the recommendadons for the May 4, 2004 City Council meeting and have the following responses: C C D 1 • The applicant will meet all the Bridgetower Cross' requirements of PF -P -04-M, CUP -0]-006, and nig Subdivision No. 2. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply, S- The applicant will comply. 6. The applicant will comply. SITE SPECIFIC CpNDITIONS t>N`Bye r rr A T. 1 • The applicant will meet all the rNuirements of PFP-04-002 C Bridgetower Crossing Subdivision No. 2. UP -01-006, and Z• The private drive from Br I the Parking lot andel drive r, to the site is to[tier construction The applicant wiQ to occupancy. of the building and prior c:uoa\oiwoiaz\z +vim dog 30 '04 11:11 P.l I / «,6+��eeran6 Solutions . � 938 0941 Mayor and City Council Apol 30, 2004 .Page 2 3. The applicant r�espectthlly requests that construction of the parking Iota be a condition of occupancy, not prior to issuance of the Certificate of ZoninE Compliance, City Ordinance does not contain a provision requl improvements to be completed prior to Certificate of ZoningComte par>. R lot equipment used in coustrncaon of the buildings could b ploy the Heavy surface, possibly destroy the paved 4. The applicant will comply. S. The applicant will comply. 6• The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. ll. Noted. PLAT CON I__`s 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply, 4. The applicant will comply. 5• The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. S. The applicant will comply. 9. N/A 10. The applicant will comply. c:UO04%oiwoiozu OwRwP ,ao,dw APR 30 '04 1111 �A- .h 'y 01/3 „ c�- C -Al' P.2 -- •• • "IS a neer i ng b01 ut i ons 938 0941 --- 0 2�8 Mayor and City Council April 30, 2004 Page 3 11. The ap licam will P comply with the City's sign ordinance; the applicant would like to emcee right to place temporary or portable signs in accordance with the sign 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 1. The applicant will comply. 2. The applicant will comply. ` OW T`� D CONOIT)tUN OF sphrinv. 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will comply. 6. The applicant will comply. 7• The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 1. The applicant will comply. 2. The applicant will comply. c:UO"\OiW0102ut«Re doc zaivo b, -i „ 6 „ 3 o-7o-,-zT--1 APR 30 '04 11:12 P.3 — •e-••«� ar�6 OOlUL10/1S / 0 Mayor and City Council April 30, 2004 Page 4 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6- The applicant will comply. 7. The applicant will comply. 938 0941 �� 8. No $Wlalization will be required to be installed as part of this development. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply, 1. The applicant will comply. 1 • The applicant will comply, future design will meet approved Ods. Please feel free to call me if you have additional comments or questions. sincerely, Cineerinng Solutions, LLP >w` Becky M y Partner BM:ss cc: Mr. Frank Vaniale C -'M WIWOlosufodt-4M A. APR 30 '04 1112 P.4 May 13, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT CMD, Inc. MwelTeill REVISED AZ 03-029 ITEM NO. REQUEST Findings -- Request for annexation and zoning of 26.48 acres from RUT to R-8(PD) zones for proposed Sheridan Place Subdivision -- north of East McMillan Road and east of North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See altached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: �J ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date:_ t" Phone: q3 �-(Q/ Emailed: Staff Initials: Matorlals ixosonted at pubNe rn"%p shall became property of the City of Meridian. KEVIN DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM ** JILL S. HOLrNKA JOHN R. KoRMANIK WILLIAM A. MORROW WILLIAM F. NICH01 S ** William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 83687-7901 TEL (208)466-9272 FAx (208) 466-4405 May 11, 2004 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROssMAN TERRENCE R. WHITE "** * Also admitted in CA ** Also admitted in OR "** Also admitted in WA Re: CMD, INC. / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / REVISED AZ -03-029 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of May 4, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit `B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. ,7 Very truly your L ilc0S ZAWork\M\Meridian\A4eridian 15360MSheridan Place Sub AZ -03-029 PP -03-035 CUP-03-06OTFCL DEV AGMT ORD Clerk Ltr 05 11 04.doc KEVIN DINIUs JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM ** JILL S. HOLINKA JOHN R. KoRMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAx (208) 466-4405 May 11, 2004 �J VE MAY 14 2004 r *1(-'n iiar, i s {;' lork Ofyiec, CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE *** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA Re: CMD, INC. / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / REVISED AZ -03-029 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of May 4, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meeting, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit `B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols ZAWork\M\Meridian\Meridian 15360ASheridan Place Sub AZ -03-029 PP -03-035 CUP-03-060\FFCL DEV AGMT ORD Clerk Ltr 05 11 04.doc • • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 26.48 ACRES FOR PROPOSED SHERIDAN PLACE SUBDIVISION, LOCATED ON THE NORTH SIDE OF McMILLAN ROAD, APPROXIMATELY 1/8 MILE EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 05/04/04 Case No. AZ -03-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May 4, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, and Norma J. Enlow, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 1 OF 17 0 0 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 26.48 acres in size and is located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. The primary difference between the revised plans and the original submittal is the addition of 4 lots along the southeast portion of the project, which are accessed from Edinburgh Place Subdivision. The parcel that the four new lots are on is currently under the same ownership as the balance of the project, but is considered an "illegal lot split' by Ada County. The parcel was split from the existing residential parcel immediately south that fronts on McMillan Road. The illegal lot split issue is currently in litigation between the owner and Ada County. The issue has had a hearing, but is currently awaiting a ruling from the judge. 4. The owners of record of the subject property are James and Diane Fuhrman and they have submitted notarized consent for the subject application. Applicant is CMD, Inc. 5. The property is presently zoned RUT (Ada County) and consists of agricultural land and a rural residence. 6. The Applicant requests the property be zoned as R-8. 7. The subject property is bordered to the north by R-4, to the south by vacant land - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 2 OF 17 0 0 proposed Settlement Bridge Subdivision zoned RUT, to the east by R-4, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Medium Density Residential. 10. There are significant existing trees that affect the consideration of this application. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department, as modified by the Commission as follows: Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the applicant and Idaho Power as part of the Annexation application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. It should also require sidewalks and a multi -use pathway adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its facility. (Per City Council action taken at their May 4, 2004 meeting.) Outparcel: The applicant shall submit a legal description for the outparcel (Parcel # 50529336475) that can be used by the City to annex the parcel at a later date. The legal description will be required to be submitted with the final plat application. B. Adopt the Recommendations of ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 3 OF 17 Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 4 OF 17 • • 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 5 OF 17 0 0 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the proj ect. D. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary Plat — Revised PP -03-035, and Conditional Use Permit — Revised CUP -03-060. 12. It is found that the requested zoning designation of R-8 is harmonious with and in accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 6 OF 17 0 • single family residential project is shown as Medium Density Residential (3 to 8 d.u./acre). The proposed density — 3.26 d.u./acre gross and 4.34 d.u./acre net are within the range designed by the Comprehensive Plan. The Idaho Power substation site is designated as Public/Quasi Public on the Future Lane Use Map and would be considered a "public service facility" in the zoning schedule of use control, which is permitted with design review (PDR) in the R-8 zone per Ordinance 11-8-1. Additional applicable policies from the Comprehensive Plan are detailed on page two (item 7) of the applicants' letter regarding the annexation, and which letter is on file in the Meridian City Clerk's office. The applicant's analysis is concurred by staff. future. 13. It is not anticipated that the applicant intends to rezone the subject property in the 14. It is found that the proposed single-family development would be allowed within the requested R-8 zone. 15. It is found that the land to the north and east has been developed in a manner similar to the proposed subdivision, with single-family residential subdivisions. Vienna Woods Subdivision #1 to the north has a gross density of 2.9 d.u./acre. Edinburgh Place Subdivision #1 to the east has a gross density of 3.1 d.u./acre. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision with conditions. 16. It is found that the proposed use (single-family residential) will change the existing character of the area, which is currently rural residential. However, the change is harmonious with the properties to the north and the intended character envisioned by the Comprehensive Plan. 17. It is not anticipated that the proposed residential uses will be hazardous or disturbing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 7 OF 17 to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. 18. It is found that the subject property to be annexed may be served adequately by all essential public facilities and services. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. Review of the Parks, Police, Fire Department comments, will provide further information regarding public services. The Public Works Department has determined that an additional water supply is needed in this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June I'`, however it should be pointed out that there are no guarantees that this well will prove out, or that water rights protests won't be filed. The Public Works Department is concurrently working on an alternative that would provide fire flow to the area via piping from a lower pressure zone. It is confident that this issue can be resolved. However, it is recommended that City approval of the final plat be withheld until such time that the supply issue is resolved. 19. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services, and the construction of a new municipal well in the vicinity. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. At ten FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 8 OF 17 vehicle trips per single-family residence, the proposed project is anticipated to generate 500 vehicle trips per day. The fact is recognized that traffic and noise will increase with the approval of this subdivision; however it is not felt that the amount generated will be detrimental to the public welfare of the city. 21. According to the ACHD report, "The applicant is proposing to construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line. This roadway location meets District policy and should be approved with this application". It is not believed that the subdivision will cause significant interference with traffic on the surrounding public streets. 22. It is found that at least six existing mature trees will be removed to accommodate the proposed entry road. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, Elroy Huff, prior to removal, mitigation will not be required for those trees. It is recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. 23. It is found that that annexation of this property would be in the best interest of the City. The project is consistent with the Comprehensive Plan. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 9 OF 17 • • 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected svicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The project follows the pertinent provisions of the City of Meridian Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 10 OF 17 0 • Plan that are applicable to this Application. 5. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 11 OF 17 0 • The applicant's request for annexation and zoning of approximately 26.48 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 26.48 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department, as modified by the Commission as follows: Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non- domestic purposes such as landscape irrigation. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the applicant and Idaho Power as part of the Annexation application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. It should also require sidewalks and a multi -use pathway adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its facility. (Per City Council action taken at their May 4, 2004 meeting.) Outparcel: The applicant shall submit a legal description for the outparcel (Parcel # S0529336475) that can be used by the City to annex the parcel at a later date. The legal description will be required to be submitted with the final plat application. B. Adopt the Recommendations of ACHD as follows: Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 12 OF 17 of -way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 13 OF 17 0 • 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 14 OF 17 C shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. D. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary Plat — Revised PP -03-035, and Conditional Use Permit — Revised CUP -03-060. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 15 OF 17 application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the �0 day of - , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED-:�� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 16 OF 17 COUNCILMAN BILL NARY VOTED a - COUNCILMAN CHARLIE ROUNTREE VOTED70L;t- COUNCILMAN KEITH BIRD VOTED,-'� MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 57-/g 'p MOTION: APPROVED: DISAPPROVED: lvta qT, j =y eerd of m Attest: SEAL 9 6 William G. Berg, Jr., City C erk� �� Copy served upon Applicant, the Planning and' t ; Ient, Public Works Department and the City Attorney. By:, JIX Dated: I -+ j2004, City Clerk's Office ZAWork\WMeridian\Meridian 15360MSheridan Place sub AZ -03-029 PP -03-035 CUP-03.060\AZFiMOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ -03-029) PAGE 17 OF 17 May 13, 200,4 MERIDIAN CITY COUNCIL MEETING REVISED PP 03-035 APPLICANT Doug Campbell ITEM NO. REQUEST Findings — Request for Preliminary Plat approval of 50 building lots and 15 other lots on 15.34 acres in a proposed R-8(PD) zone for Sheridan Place Subdivision — north of East McMillan Road and east of North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sae attached FUxfinp CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: &'nw Mcr&LA Date: 15 • I'l "g 4 Phone: q2 Emailed: Staff Initials: Matoek* presented at pubNc meetings shop become properly of the Cly of Moddian. • �..e, 1 4 2004 interoffice ::: y c�i��rk.OfT' MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Sheridan Place Subdivision File: Revised PP -03-035 Date: May 12, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their May 4, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ZAWork\M\Meridian\Meridian 15360M\Sheridan Place Sub AZ -03-029 PP -03-035 CUP-03-060\BergPrePlat MEMO 05 12 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SHERIDAN PLACE SUBDIVISION FOR 50 BUILDING LOTS AND 15 OTHER LOTS ON 15.34 ACRES IN A PROPOSED R-8 ZONE LOCATED MERIDIAN, IDAHO BY: DOUG CAMPBELL APPLICANT C/C 05/04/04 Case No. PP -03-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 4, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, and Norma J. Enlow, appeared and testified, and the City Council having received a report from Steve Siddoway for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the preliminary plat being "SHERIDAN PLACE SUBDIVISION PRELIMINARY PLAT LOCATED IN THE SW/40F SECTION 29, T.4 N., R.1 E., B.M., ADA COUNTY, IDAHO, DWG.DATE 08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE -1, /3046-PRE.DWG, 04/23/2004, REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB, 01/12/04 BKB, 04/19/04 BKB, STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035 1 of 17 9 0 CITY CLERK OFFICE, JAMES FUHRMAN AND DIANE FUHRMAN - OWNERS OF RECORD, DOUG CAMPBELL/COPPERTREE DEVELOPMENT, LLC — DEVELOPER, BECKY McKAY — PLANNER/CONTACT", Doug Campbell, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes tOhe following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the requested zoning designation of R-8 is harmonious with and in accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed single family residential project is shown as Medium Density Residential (3 to 8 d.u./acre). The proposed density— 3.26 d.u./acre gross and 4.34 d.u./acre net are within the range designed by the Comprehensive Plan. The Idaho Power substation site is designated as Public/Quasi Public on the Future Lane Use Map and would be considered a "public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 2of17 service facility" in the zoning schedule of use control, which is permitted with design review (PDR) in the R-8 zone per Ordinance 11-8-1. Additional applicable policies from the Comprehensive Plan are detailed on page two (item 7) of the applicants' letter regarding the annexation, and which letter is on file in the Meridian City Clerk's office. The applicant's analysis is concurred by staff. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. It is found that the subject property to be annexed maybe served adequately by all essential public facilities and services. Water and sanitary sewer service are proposed to be extended from existing mainlines adjacent to the proposed development. Review of the Parks, Police, Fire Department comments, will provide further information regarding public services. The Public Works Department has determined that an additional water supply is needed in this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 1St, however it should be pointed out that there are no guarantees that this well will prove out, or that water rights protests won't be filed. The Public Works Department is concurrently working on an alternative that would provide fire flow to the area via piping from a lower pressure zone. It is confident that this issue can be resolved. However, it is recommended that City approval of the final plat be withheld until such time that the supply issue is resolved. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 3of17 Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development, as the developer will installing sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. It is found that the subject property to be annexed maybe served adequately by all essential public facilities and services. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. Review of the Parks, Police, Fire Department comments, will provide further information regarding public services. The Public Works Department has determined that an additional water supply is needed in this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 1St, however it should be pointed out that there are no guarantees that this well will prove out, or that water rights protests won't be filed. The Public Works Department is concurrently working on an alternative that would provide fire flow to the area via piping from a lower pressure.zone. It is confident that this issue can be resolved. However, it is recommended that City approval of the final plat be withheld until such time that the supply issue is resolved. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services, and the construction of a new municipal well in the vicinity. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 4of17 5. It is found that the development will not require major expenditures for providing supporting services. The Meridian Police and Fire Departments will be able to serve the proposed development, per their conditions listed in paragraph 2 of the Decision and Order, and as stated in paragraph 4 directly hereinabove. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. It is found that there should not be any other health, safety or environmental problems associated with this subdivision. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "SHERIDAN PLACE SUBDIVISION PRELIMINARY PLAT LOCATED IN THE SW %, OF SECTION 29, T.4 N., R.1 E., B.M., ADA COUNTY, IDAHO, DWG.DATE 08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE -1, /3046- PRE.DWG, 04/23/2004, REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB, 01/12/04 BKB, 04/19/04 BKB, STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JAMES FUHRMAN AND DIANE FUHRMAN - OWNERS OF RECORD, DOUG CAMPBELL/COPPERTREE DEVELOPMENT, LLC — DEVELOPER, BECKY McKAY — PLANNER/CONTACT" FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 5of17 8. There are significant existing trees that affect the consideration of this application. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat "SHERIDAN PLACE SUBDIVISION PRELIMINARY PLAT LOCATED IN THE SW '/ OF SECTION 29, T.4 N., R.1 E., B.M., ADA COUNTY, IDAHO, DWG.DATE 08/06/03 bkb, PROJ. NO. 3046, SHEET 1 OF 1 PRE -1, /3046-PRE.DWG, 04/23/2004, REVISIONS 10/14/03 BKB, 11/24/03 BKB, 12/18/03 BKB, 01/12/04 BKB, 04/19/04 BKB, STAMPED: RECEIVED APR 23 2004 CITY OF MERIDIAN CITY CLERK OFFICE, JAMES FUHRMAN AND DIANE FUHRMAN - OWNERS OF RECORD, DOUG CAMPBELL/COPPERTREE DEVELOPMENT, LLC — DEVELOPER, BECKY McKAY — PLANNER/CONTACT", Doug Campbell, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 2. The plat shall be modified to accommodate a street buffer at least 35 feet wide. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 6of17 3. The landscape plan shall be modified per the following: • Street buffers along McMillan shall be at least 35 feet wide. • The sidewalks throughout the project do not connect to the curb at intersections. The sidewalks shall be modified to connect to the curb at all street intersections, with standard handicap -accessible curb cuts per ADA. • Retain the existing trees along McMillan and meander the sidewalk around the existing trees to preserve them. • The landscape plan depicts grass up to the edge of pavement along McMillan Road. Unless curb and gutter are being constructed along McMillan, modify the plan to show a 10 -foot gravel shoulder. The remainder shall be landscaped with grass as shown. • A stormwater seepage bed is proposed to be incorporated into the street buffer, but no vegetative treatment is shown over it. The full buffer shall be vegetated in accordance with the Landscape Ordinance. • The three trees shown along McMillan east of Schubert are shown in the right-of-way, not on private property. Either shift the trees onto the street buffer lot, or verify that the location will not interfere with the ultimate location of curb and gutter and obtain a license agreement with ACHD. 4. Sanitary sewer service to this subdivision shall be via an extension from an existing mainline stub in the Vienna Woods Subdivision, which flows to an existing temporary sewage lift station. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Applicant will be responsible for payment of applicable lift station upgrade costs, and latecomers fees to reimburse those responsible for extending service into the area. 5. Municipal water to this site shall be via extensions from existing mains in N. Locust Grove, N. Schubert Avenue, and E. Meadow Creek Drive. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Applicant will be responsible for payment of applicable latecomers fees to reimburse those responsible for extending service into the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 7of17 City approval of the final plat shall be withheld until such time that the domestic water supply issue is resolved. 6. The applicant shall meet with the City Arborist prior to submittal of the final plat application and detail all mitigation requirements on the final plat landscape plan. 7. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Sheridan Place HOA. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. 8. Staff recommends incorporating the gravity irrigation pipe that is shown in Lot 9, Block 4, into Lot 8, Block 4, thereby eliminating the need for Lot 9, Block 4. Free access to any control headgates located in the rear yard of Lot 8 would have to be guaranteed, and the type of pipe may need to be upgraded to provide a higher level of protection from accidental dig -in by the lot owner. The side yard easement on Lot 8 will need to be widened to provide space for the operation and maintenance of this ditch facility. Staff believes that this is a better alternative than creating a potential strip of weeds that goes nowhere. 9. A detailed fencing plan shall be submitted with the application for final plat. A 6 - foot solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Applicant shall address intended fencing design at the public hearings. 10. The applicant should consider changing the retention pond that is shown on the north end of Block 3 to a sub -surface drainage facility since it appears that ground water levels won't be a problem on this site. 11. Revise note number 5 to provide 14 -foot wide public utilities, drainage and irrigation easements along the 50 -foot wide street section, and the standard 10 -foot width on the 77 -foot section. This extra width is necessary due to the sidewalk encroachment into the lots by 4 -feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 8of17 12. Where a sidewalk is located on an easement within a residential property, the setbacks noted on the PD Site Plan, and those noted in the PD Application shall reflect that front setbacks shall be measured from the back of sidewalk, not from the property line. 13. In accordance with MCC 12-13-10-8, Applicant shall provide 5 -foot detached sidewalks adjacent to McMillan Road. Applicant shall also provide 4 -foot detached sidewalks internally, as depicted on the preliminary plat and landscape plan with connection to the curb at intersections, as noted above. 14. Submit ten copies of a revised plat and landscape plan in compliance with the conditions of this report and the direction of the P&Z Commission at least 10 days prior to the next hearing on this project. 15. Applicant shall work with the neighbor to the west for a satisfactory conclusion to the fence and the ditch, which may include a noncombustible fence and/or piping the ditch. GENERAL COMMENTS—PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Any pathways or micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13-10-8. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 9of17 7. 250 and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 9. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 10 of 17 J • 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 14. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. B. Adopt the Recommendations of ACHD as follows: Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 11 of 17 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 12 of 17 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 13 of 17 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten -feet (10') to the extended curb line of East Roaring Creek Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 14 of 17 D. Adopt the Recommendations of the Meridian Police Department as follows: The pedestrian access to the proposed tot lot/barbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as `No Parking' with 4 signs on each side of the street. As an option, alternate compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) E. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. F. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 15 of 17 between Mr. Buckley and the applicant by private arrangements. 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. / By action of the City Council at its regular meeting held on the day of , 2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 16 of 17 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED COUNCILMAN BILL NARY VOTED 4YeA, COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED --VC. MAYOR TAMMY de WEERD VOTED (TIE BREAKER) �,,uluY0 , y de Weerd . �� pF M Attest: SEAL ,�C5 William G. Berg, Jr., Cit Clerk �`" O UST iso ' 10 S��` 11%rre,�1 I{i11%o Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: ( aaA4C City Clerk's Office ZAWork\M\Meridian\Meridian 15360NtSheridan Place Sub AZ -03-029 PP -03-035 CUP-03-060\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SHERIDAN PLACE SUBDIVISION / (PP -03-035) 17 of 17 May 13, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Doug Campbell a REVISED CUP 03-060 REQUEST Findings — Request for a Conditional Use Permit for a PD for single-family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for proposed Sheridan Place Subdivision — n/o East McMillan Road and e/o North Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: flvl I Mrvtl E I Date: �� '� Phone: Emailed: - hCG Staff Initials: Mat® prosenfed at pubic meefinp shall become property of fhe City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: DOUG CAMPBELL FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SHERIDAN PLACE SUBDIVISION IN R-8 ZONE File No.: CUP -03-060 Date: May 4, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. ZAWork\M\Meridian\Meridian 15360NtSheridan Place Sub AZ -03-029 PP -03-035 CUP-03-060\CWJ-UCUPffcls&Order.doc 0 9 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT FOR 50 BUILDING LOTS AND 15 OTHER LOTS ON 15.34 ACRES FOR SHERIDAN PLACE SUBDIVISION IN AN R-8 ZONE, LOCATED ON THE NORTH SIDE OF Mc MILLAN ROAD, APPROXIMATELY 1/8 MILE EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO DOUG CAMPBELL, APPLICANT C/C 05/)4/04 Case No. CUP -03-060 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 4, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, and Norma J. Enlow, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 22 • Order to -wit: FINDINGS OF FACT • 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 4, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 4, 2004 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code § § 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. This proposed development request is in an RUT zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of McMillan Road, approximately 1/8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 22 mile east of Locust Grove Road, Meridian, Idaho. 5. The owners of record of the subject property are James and Diane Fuhrman and they have submitted notarized consent for the subject application. 6. Applicant is Doug Campbell. 7. The subject property is currently zoned RUT by Ada County and consists of agricultural land and a rural residence. There is, however, an application for annexation and zoning to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision. The R-8 zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. There are significant existing trees that affect the consideration of this application. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 22 0 0 maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 60 feet. • Minimum house size on Lots 10-12 & 14-19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. • The applicant is granted permission to exceed the 1,000 -foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. • Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 22 FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten -feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 22 LJ 11 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lot/barbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as `No Parking' with 4 signs on each side of the street. As an option, alternate compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 22 • 11 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 8. Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 22 9 • 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 22 L� C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. Run-off is not to create a mosquito breeding problem. D. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 14. It is found that the subject property's size of 15.34 acres is large enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. 15. The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential". It is found that if the modifications required in the Staff Report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 16. It is found that the design concept is compatible with the intended character of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 22 area. 17. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 18. It is found that the proposed development can be adequately served by all the essential public facilities and services. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. Review to the Parks, Police, Fire Department comments for further information regarding public services. The Public Works Department has determined that an additional water supply is needed in this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south of Chinden Blvd. Drilling of this test will is currently scheduled to be completed by June 1St, however it should be pointed out that there are no guarantees that this well will prove out, or that water rights protests won't be filed. The Public Works Department is concurrently working on an alternative that would provide fire flow to the area via piping from a lower pressure zone. Staff is confident that this issue can be resolved. However, the City approval of the final plat should be withheld until such time that the supply issue is resolved. 19. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services, and the construction of a new municipal well in the vicinity. It is found that there will not be excessive additional requirements at public cost. 20. It is found that the proposed development will not create excessive traffic, noise, or other nuisances that would be detrimental to the general welfare of the surrounding area. At ten vehicle trips per single-family residence, the proposed project is anticipated to generate 500 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 22 C` vehicle trips per day. The fact is recognized that traffic and noise will increase with the approval of this subdivision; however it is not felt that the amount generated will be detrimental to the public welfare of the city. 21. According to the ACHD report, "The applicant is proposing to construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line. This roadway location meets District policy and should be approved with the application." It is not believed that the subdivision will cause significant interference with traffic on the surrounding public streets. 22. It is found that at least six existing mature trees will be removed to accommodate the proposed entry road. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, Elroy Huff, prior to removal, mitigation will not be required for those trees. It is recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act' codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act' except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 22 0 0 Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 22 • • equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 22 • • 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 22 9 0 development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 60 feet. • Minimum house size on Lots 10-12 & 14-19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. • The applicant is granted permission to exceed the 1,000 -foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. • Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 22 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten -feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lot/barbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 22 w • 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as `No Parking' with 4 signs on each side of the street. As an option, alternate compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 22 • 8. Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 22 • 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. 3. Run-off is not to create a mosquito breeding problem. D. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 22 • 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 22 0 • conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 22 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED_# COUNCILMAN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED_*!!— COUNCILMAN KEITH BIRD VOTED�G� MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: \\`\\`0, Mayor y de Weerd Attest:oRPoF14 0 _ SEAL William G. Berg, Jr., City l I%, -� 9�i� '�°'O Copy served upon Applicant, Planning arid' ent, Public Works Department and the City Attorney. By: J-�O� �,.--. Dated: C� City Clerk's Office ZAWok\M\Maidian\Meri" 15360MSba'idan Place Sub AZ -03-029 PP -03-035 C[JP-03-WTfC1eCUP03-060.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 22 May 14, 2004 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT ITEM NO. REQUEST Affidavit for Correction to Sanitary Sewer Easement with Holder Properties ( T -Mobile Project) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: COMMENTS S*o aCtachod CITY SEWER DEPT: 4 CITY PARKS DEPT: C� MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials present*d at public mootings shall bocomo property of the City of Morldian. LJ Memo To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/12/04 Re: May 18 City Council Meeting Agenda Item ',t .p ' .E.._t . dVil';" 1 Z 2004 (:;i j: {-J= �`i-1"I" lli i . City Clerk Office The Public Works Department respectfully requests that the following item be placed on the May 18 City Council agenda, on the Consent Agenda, for Council's consideration: Affidavit for Correction to Sanitary Sewer Easement with Holder Properties (T -Mobile Pro'ect). This affidavit provides for a minor revision to the previously approved and recorded sanitary sewer easement that crosses the T -Mobile project site in Silverstone Subdivision. In essence, they evidently do not quite believe that the City would actually repair pavement, curb and gutter in their parking lot in the event we had to excavate the sewer for repairs. This correction explicitly provides for the repair of those items. I have reviewed the corrected easement and find it acceptable and it states, for all practical purposes, the same thing as the original easement. Recommended Council Action: Approve the Affidavit for Correction to Sanitary Sewer Easement with Holder Properties (T -Mobile Project) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • HOLDER PROPERTIES 3333 RIVERWOOD PARKWAY ■ SUITE 500 ■ ATLANTA, GEORGIA 30339 ■ PHONE 770.9883131 ■ FAX 770.988.3105 ■ www.holderproperties.com May 10, 2004 Mr. Brad Watson, P.E. City Engineer Meridian Public Works Dept. 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: T -Mobile Project in Meridian, ID Dear Brad: K"ECEIVED w -Ay 12 2w MERIDAN CITY ENGINEER Attached is an executed version of the Affidavit for Correction Sanitary Sewer Easement for the T - Mobile project in Meridian, ID. It is my understanding that this will need to be forwarded to Council for its approval and signature. Please give me a call at (770) 988-3118 if you have any questions about the document or you need any additional information. Also, please inform me of the date you expect this to be approved by Council and return a copy of the final executed affidavit to my attention. Sincerely, Andrew Feinour Holder Properties C: Tim Bright (Holder Properties) Dave McKinnon (Pinnacle Engineering) Roger Smith (Pinnacle Engineering) Ellen Smith (Sutherland Asbill & Brennan) • AFFIDAVIT FOR CORRECTION SANITARY SEWER EASEMENT The intent of this Affidavit is to correct a portion of that certain Sanitary Sewer Easement Agreement between Sundance Investments Limited Partnership, shown as the Grantor, and the City of Meridian, Ada County, Idaho, shown as the Grantee for said Sanitary Sewer Easement, recorded March 19, 2002, as Instrument Number 102032101. The existing agreement reads as follows: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. The agreement should have read, and hereafter shall read, as follows: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore, at Grantee's sole cost and expense, the premises to that condition existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures (other than pavement, curbs and gutters), large trees or brush (other than landscaping) placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures (other than pavement, curbs and gutters), large trees or brush (other than landscaping) within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good AO 1113989.3 • • and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever by, through or under Grantors, but not otherwise. I, John R. Holder, being the sole member of HP Boise, LLC, a Georgia limited liability company and successor in title to Sundance Investments Limited Partnership, do hereby submit this Affidavit for Correction to be duly recorded. ,.L... — . ohn Holder Acknowledged and agreed to: CITY OF MERIDIAN, IDAHO By:_ Name: Title: AO 1113989.3 0 State of Georgia ss. County ofz/ ) 0 On this/�day of , in the year of 2004, before me, the undersigned, a Notary Public in and for the State of Georgia, personally appeared John R. Holder, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto7ie;sidfffg' ffixed my official seal the day and year first written above. c fog eor a at: My commission expires: Notary Public, Douglas County, GR My Commission Expires September 2, 2007 State of Idaho . ss. County of Ada On this _day of , in the year of 2004, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written above. Notary Public for Idaho Residing at: My commission expires: AO 1113989.3 0 0 May 14, 2004 MERIDIAN CITY COUNCIL MEETING 18, 2004 AZ 03-035 APPLICANT Capital Development ITEM NO. w I REQUEST Development Agreement — Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zones for proposed Settlement Bridge Subdivision — 2205 East McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aftached Development Agreement Contacted: `myc Date: cj-` I 'iq' Phone: 9-n --361f Emailed: Staff Inifia Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT FOR 50 BUILDING LOTS AND 15 OTHER LOTS ON 15.34 ACRES FOR SHERIDAN PLACE SUBDIVISION IN AN R-8 ZONE, LOCATED ON THE NORTH SIDE OF Mc MILLAN ROAD, APPROXIMAELY 1/8 MILE EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO DOUG CAMPBELL, APPLICANT C/C 05/04/04 Case No. CUP -03-060 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on May 4, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development for 50 building lots and 15 other lots on 15.34 acres in an R-8 zone for Sheridan Place Subdivision located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 1 OF 9 r� u development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: SITE SPECIFIC CONDITIONS 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 60 feet. • Minimum house size on Lots 10-12 & 14-19, Block 4 and Lots 2-8, Block 5 shall be 1,200; all other lots shall be 1,500 s.f. minimum. • The applicant is granted permission to exceed the 1,000 -foot maximum block length as depicted on the approved plat; the longest block proposed is approximately 1,150 feet. • Setbacks for the entry of a garage will be measured from the back of sidewalk. 3. The following amenities are required for the project: Playground equipment and Gazebo with Barbeque. Amenities shall be installed as depicted on the landscape plan and as described during the public hearing. FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 2 OF 9 0 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Provide a 20' wide Fire Lane for all roadways. 6. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. This shall be measured off of the center line of the street. (Only 50 homes are proposed for this project.) 7. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 8. The northern most island in North Shubert shall be reduced slightly so that the north edge is no closer than ten -feet (10') to the extended curb line of East Roaring Creek Drive. PARKS DEPARTMENT CONDITIONS Pathway and Trail Standards: Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. (No pathway or trails are proposed in this project.) 2. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 3. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. POLICE DEPARTMENT CONDITIONS 1. The pedestrian access to the proposed tot lot/barbeque area is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. Place a stamped concrete or similar crosswalk east of the intersection of N. Schubert Way and E. Roaring Creek, crossing E. Roaring Creek Drive. 2. Maintain clear vision into the pedestrian path from the adjacent streets. 3. Since there is only 20 feet between the medians in N. Schubert Way and the adjacent curb, no parking will be allowed along Schubert from the entrance on McMillan Road to E. Roaring Creek. Prior to issuance of building permits, the applicant shall provide a parking plan for the adjacent lots showing how additional guest parking will be accommodated for each lot. Sign the street as `No Parking' with 4 signs on each side of the street. As an option, alternate ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 3 OF 9 compliance may be made by narrowing the islands and providing bulb outs, so that the roadway width around the islands is wide enough for emergency traffic. (The applicant has opted for the latter option and widened the driving surface.) B. Adopt the Recommendations of ACHD as follows: 1. Dedicate 48 -feet of right-of-way from the centerline (or 38 -feet of right-of-way from the centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48 -feet of right-of-way from the centerline, construct a sidewalk located a minimum of 41 -feet from centerline. OR If the applicant dedicates 38 -feet of right-of-way, construct a 5 -foot concrete meandering sidewalk located within the landscape buffer and provide the District with an easement for the sidewalk. 3. Construct the main entrance, North Schubert Way, to intersect McMillan Road approximately 180 -feet west of the east property line, as proposed. 4. Extend North Schubert Avenue from the north property line, as proposed. 5. Extend East Meadow Creek Drive from the east property line, as proposed. 6. Extend Redwick Drive from the east property line into the site, as proposed. 7. Construct a stub street to the west property line approximately 650 -feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct all of the internal roadways as 36 -foot street sections with curb, gutter and sidewalk within 50 -feet of right-of-way, as proposed. ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 4 OF 9 0 • 9. Utilize the existing 20 -foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the public right-of-way of Schubert Way. Provide a minimum of a 20 -foot street section on either side of any proposed center island within the public roadway. Construct the medians to be a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. 11. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 5 OF 9 U Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. After written approval from the appropriate entities are submitted, the project can be approved for central sewage and central water. 2. Plans must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality: Central sewage and central water. 3. Run-off is not to create a mosquito breeding problem. D. Adopt the action of the City Council taken at their May 4, 2004 meeting as follows: For clarification: 1. The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley, regarding the vacation of the easement along the western boundary from McMillan Road up to the property line, so this issue has been resolved between Mr. Buckley and the applicant by private arrangements. ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 6 OF 9 0 2. The applicant shall submit a revised Landscape Plan that shows that the portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4. 3. The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr. Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Home Owners Association presidents on their issues related to the project. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 7 OF 9 application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11 -17 - NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP -03-060) PAGE 8 OF 9 Attest: G. Berg, Jr., City Copy served upon Applicant, and City Attorney. MAC Tammy de ✓✓✓✓✓✓Weer , fWridian of MEQ rk SEAL roc Cod ;90 s -t• the Plamifn$ �ml /''''fjrflftlll111�`�``\ Public Works Department By: Dated: r t4c 1q, ra8(J4 City Clerk's Office ZAWwk\"eridien\Meridian 1536OMSberidan Place sub AZ -03-029 PP -03-035 CUP-03-060\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP -03-064) PAGE 9 OF 9 Ll May 14, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT Mayor's Office ITEM NO. Am, I REQUEST Economic Development Coordinator AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matorials pmented at public meetings shall become property of iho City of Meridian. May 14, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING May 18,2W4 APPLICANT Mayor ITEM NO. REQUEST Request to grant Meridian Senior Center $4,000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: Seo attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetirwps shah become property of the City of Meridian. • • McAckn Area Senior Citizens Association, Inc. May 12, 2004 133 W. Broadway • P.O. Box 606 • Meridian, Idaho 83680 (208) 888-5555 Mayor: De Weerd and City Council Members of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mayor and City Council Members of Meridian RECEIVED MAY 12 20H City of Meridian. City Clerk Office On behalf of the Meridian Senior Center, I would like to take this opportunity to thank you for the $9700.00 we received for the replacement of our old roof. Unfortunately due to unexpected materials needed to finish the replacement we are under- budget. We are asking the City to grant us $4000.00 to help us with the bills that were accorded during this process. This money will help us not only with our roof project but will also help with the replacement of a flue on our roof that was rusted out due to age. This will cost around $350.00. We would like to thank you again for all of the help we have received and look forward to hearing from you at your earliest convenience. (!Pyectf-.ulYours, Knox: resident Meridian Senior Center/th ** TX CONFIRMAMN REPORT ** DATE TIME TO/FROM 04 05/18 11:41 2088886854 AS OF MAY 18 '011:44 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 02'26" 008 050 OK May 13, 2004 FP 04-030 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT Capital Development, Inc. ITEM NO. REQUEST Request for Final Plat approval of 30 single4amily residential btnlcbng lots and 6 common lots on 9.01 acres in an R-8 zone for Baldwin Parts Subdivision No. 8 — east of North Linder Road and north of Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEFT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT.- MERIDIAN EPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTYHIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Sec CgAaChai -S304 Cornu He Comment scC cLL{c C A - Contacted:. }eve AY 061 Date: Pho Emailed: Staff Initial Matedak presented at pubfre meelinps shah become property of Ow CAr of Meddkin. ** TX CONFIRMA REPORT ** DATE TIME TO/FROM 06 05/18 14:36 PUBLIC WORKS AS OF MAY 18 '0114:38 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 02'28" 008 053 OK May 13, 2004 FP 04-030 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT Capital Development, Inc. ITEM NO. REQUEST Request for Final Plat approval of 30 single4amiy residential building lots and 6 common lots on 9.01 acres in an R-8 zone for Baldwin Park Subdivision No. 8 — east of North Under Road and north of Usfick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Sce cuacvvd C omqyy)S No Cemms►nt Contacted: sleeve Avon `d Date: 5- a -o4 epho Emailed: Staff Initis Mandab presented at public moo*w"beeoms properly of *- City of Meddlan. 0 0 May 14, 2004 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT ITEM NO. REQUEST Water, Sewer and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shatl become properly of the City of Meridian. 0 0 May 13, 2004 RZ 04-003 MERIDIAN CITY COUNCIL MEETING May 18, 2004 APPLICANT ITEM NO. _ Lw REQUEST Ordinance — Request for a Rezone for .17 acres from I -L to O -T zones for Brandon Wright — 631 West 1st Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Sae altachod Ordinance irOICLUM) A Ok -i- Date: 5-I Phone: (XYv Staff Initials: c Matark3k prasanfod at public maaflngs shall bocoma proparfy of fha City of Meridian. KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. Guy HALLAM ++ JILL S. HOLINKA JOHN R. KORMANIK WILLIAM A. MoRRow WILLIAM F. NICHOLS " William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER CHRISTOPHER S. NYE 5700 E. FRANKLIN RD., SUITE 200 PHILIP A. PETERSON NAMPA, IDAHO 83687-7901 TODD A. ROSSMAN TERRENCE R. WHITE'+* TEL (208) 466-9272 FAx (208) 466.4405 ' Also admitted in CA " Also admitted in OR •" Also admitted in WA April 27, 2004 O -178 Re: Ordinance No. , (Brandon Wright) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the above ordinance providing for rezoning ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yo Wm. ols Enclosure ZAWork\M\Meridian\Meridian 15360M\Brandon Wright RZ-04-003\13ergSurnOrdUR 05 03 04.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of OrSlinance No.i-��--1079-7 , passed by the City Council of the City of Meridian, on the day of&, 2004, is a true and correct copy of the original of said document which is in the care, c stody and control of the City Clerk of the City of Meridian. \\\\\\11111 n 1;,; 1/1��/, . or- leN G T• STATE OF IDAHO, ) ss. County of Ada, WILLIAM G. BERG, JR. T 3SI -0 zz (fibtjl O . ///11111tl;;; 1111110 On this day of MAZY , in the year 2004, before me, ak; <_ a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .' N $ PUBtitc c C1 OF for Idaho Expires:0 k26�0 7 ZAWork\M\Meridian\Meridian 15360M\8randon Wright RZ-04-003\CertificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-04-003 PAGE 1 OF 1 • u NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- /0 79 PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Brandon Wright, consisting of .17 acres located at 631 West 1St Street, Meridian, Idaho, with a zoning designation of O -T Old Town District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land being all of Lots 3 and 4 and the north half of Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian, recorded in Book 2 of Plats at Page 87, records of Ada County, Idaho, and half of the adjoining road right of way, said parcel lying in the NE %4 SE t/4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a point marking the centerline intersection of W. Broadway Avenue and W. 2nd Street, said intersection lying in the said NE %4 SE '/4 of Section 12, T. 3N., R.1 W., B.M., Ada County, Idaho; thence N.89°46'20" E. 317.81 feet along the said centerline of W. Broadway Avenue to a point marking the centerline intersection of said W. Broadway Avenue and W. 1 st Street; thence S.00016'10" E. 90.00 feet along the said centerline of W. lst Street to a point, said point marking the REAL POINT OF BEGINNING; thence continuing S.00° 16' 10"E. 62.50 feet along the said centerline of W. 1St Street to a point; thence S.89°46'20"W. 150.00 feet to a point lying on the west boundary of said Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian; thence N.00° 16' 10"W. 62.50 feet to a point marking the NW Corner of said Lot 3, Block 2, J.M. Anderson's Second Addition to Meridian; thence N. 89°46'20" E. 150.00 feet to the point of beginning, containing 0.22 acres, more or less. SUBJECT TOAND/OR TOGETHER WITH: Any easements or rights of way of record or in use. THE ABOVE DESCRIPTION WAS PREPARED FROM DATA OF RECORD. A FIELD SURVEY WAS NOT PREFORMED. A full text of this ordinance is available for inspection at City Hall, City of Merid , 33 East Idaho, Meridian, Idaho„'XhjR„gXdinance shall become effective on the day of a •� , /?/y •,��'% ity of Meridian = SEAL = Mayor and City Council 9�o�zzzz By: William G. Berg, Jr., City Cl&,0,A0 �`sr est , N`b -4 First Reading:,5--p�=`%,9 \O �p�'���•`�� Adopted after firsteading by suspenilbY y T� 'pi�`as allowed pursuant to Idaho Code 50-902: YES A NO Second Reading: Third Reading: ZAWorkVv \Meridian\Meridian 15360M\Brandon Wright RZ-04-00MUMANNEXZONGORD.doc ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 05/19/04 11:46 AM DEPUTY Bonnie Oberbillig McCd anECiIyREQUEST OF AMOUNT .00 10406 1809 CITY OF MERIDIAN ORDINANCE NO. 04- o �7,6 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY, BRANDON WRIGHT, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 631 WEST 1sT STREET, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL DISTRICT) ZONING DISTRICT TO O -T (OLD TOWN DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 L, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I -L (Light Industrial) District to O -T (Old Town) District as defined under Meridian City Code § 11-7-2 L; and A parcel of land being all of Lots 3 and 4 and the north half of Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian, recorded in Book 2 of Plats at Page 87, records of Ada County, Idaho, and half of the adjoining road right of way, said parcel lying in the NE'/4 SE %4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 1 OF 4 Commencing at a point marking the centerline intersection of W. Broadway Avenue and W. 2nd Street, said intersection lying in the said NE t/4 SE V4 of Section 12, T. 3N., R.1 W., B.M., Ada County, Idaho; thence N.89046'20" E. 317.81 feet along the said centerline of W. Broadway Avenue to a point marking the centerline intersection of said W. Broadway Avenue and W. 1St Street; thence S.00'16'10" E. 90.00 feet along the said centerline of W. 1 st Street to a point, said point marking the REAL POINT OF BEGINNING; thence continuing S.00° 16' 10"E. 62.50 feet along the said centerline of W. 1 st Street to a point; thence 5.89°46'20"W. 150.00 feet to a point lying on the west boundary of said Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian; thence N.00'16'1 0"W'. 62.50 feet to a point marking the NW Corner of said Lot 3, Block 2, J.M. Anderson's Second Addition to Meridian; thence N. 89°46'20" E. 150.00 feet to the point of beginning, containing 0.22 acres, more or less. SUBJECT TOAND/OR TOGETHER WITH: Any easements or rights of way of record or in use. THE ABOVE DESCRIPTION WAS PREPARED FROM DATA OF RECORD. A FIELD SURVEY WAS NOT PREFORMED. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re -zoned and BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 2 OF 4 designed (O -T) Old Town District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Ig ��[ day of ✓i� , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l g — day of &41,f 2004. 1 47- f� rn Attest: `; `���wo�TFo 2 •,, SEAL M 0 City ClerkNV First Reading: C�,W� x-18 a� Adopted after first reading by s pension of the Rule as allowed pursuant to Idaho Code 50-902 Yes:7 No: BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 3 OF 4 Second Reading: Third Reading:_ STATE OF IDAHO, ) SS. County of Ada. ) On this / 91'� day of may , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) `* _ 't10T00 AR1' S Z 1'UBL1G • AWork\M\Meridian%�AStnu1513 �i d�� .#r•`r. 6 P. all's''��� BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PUBLIC FOR IDAHO i AT: 1n6-,'a1;dh dISSION EXPIRES: 0 �9 7 RZ-04-003\RZOrdinance.doc PAGE 4 OF 4 v N W •O W N cr D z ct m w�� nms is 7A �J A3W 3m At e. Q O ! 1 11 i i -4 — 1 i i 1 / it F f E 1 1 1 1 1 l 1 ( 1 j t I 1 1 1 1 1 1 t I P j ( 1 1 g •f 1 i 1 �J A3W 3m At Q O ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 05/19/04 11:46 AM DEPUTY Bonnie Oberbillig RECORDED Meridian CityREQUEST OF III IIII'IIIII'll'll'I'lll'I'lll'II'11 AMOUNT .00 10406 1809 CITY OF MERIDIAN ORDINANCE NO. 04-/® �7,6 AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY, BRANDON WRIGHT, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED AT 631 WEST 1sT STREET, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL DISTRICT) ZONING DISTRICT TO O -T (OLD TOWN DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 L, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I -L (Light Industrial) District to O -T (Old Town) District as defined under Meridian City Code § 11-7-2 L; and A parcel of land being all of Lots 3 and 4 and the north half of Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian, recorded in Book 2 of Plats at Page 87, records of Ada County, Idaho, and half of the adjoining road right of way, said parcel lying in the NE'/4 SE %4 of Section 12, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 1 OF 4 Commencing at a point marking the centerline intersection of W. Broadway Avenue and W. 2nd Street, said intersection lying in the said NE %4 SE '/4 of Section 12, T. 3N., R.1 W., B.M., Ada County, Idaho; thence N.89046'20" E. 317.81 feet along the said centerline of W. Broadway Avenue to a point marking the centerline intersection of said W. Broadway Avenue and W. 1 st Street; thence S.00'16'10" E. 90.00 feet along the said centerline of W. 1 st Street to a point, said point marking the REAL POINT OF BEGINNING; thence continuing 5.000 16' 10"E. 62.50 feet along the said centerline of W. 1St Street to a point; thence 5.89°46'20"W. 150.00 feet to a point lying on the west boundary of said Lot 5, Block 2, J.M. Anderson's Second Addition to Meridian; thence N.00'1 6'10"W. 62.50 feet to a point marking the NW Corner of said Lot 3, Block 2, J.M. Anderson's Second Addition to Meridian; thence N. 89°46'20" E. 150.00 feet to the point of beginning, containing 0.22 acres, more or less. SUBJECT TOAND/OR TOGETHER WITH: Any easements or rights of way of record or in use. THE ABOVE DESCRIPTION WAS PREPARED FROM DATA OF RECORD. A FIELD SURVEY WAS NOT PREFORMED. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re -zoned and BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 2 OF 4 0 0 designed (O -T) Old Town District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of & , 2004. 17 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l8 day of CL 92004. 1•i1 " Attest: SEAL - City Clerk First Reading: Adopted after first reading by s pension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: No: BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 3 OF 4 Second Reading: Third Reading:_ STATE OF IDAHO, ) ss. County of Ada. ) On this /9 H day of may 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •\•\\\\\\\lflfff,.1 ••.• 44 CE L. S ••. ♦ '�� • -OTAk (SEAL) : * = l' * : N PUBLIC FOR IDAHO �•� S G AT: ri ; AV B LIC- OMMISSION EXPIRES: p Zo 7 Z:\Work\M\Meridian\14epap T�9lle A WVright RZ-04-003\RZOrdinance.doc BRANDON WRIGHT - (O -T) RZ-04-003 / RE -ZONE ORDINANCE PAGE 4 OF 4 W p Q VJ Q CD �n �p n='1t USNxn r n gmaa' �J pCCa"< tl� Z� �isQ3 gg mUkZIN ;fiz pg 1,; �, �?W K�-q w9XII.Wm IL, qs X CC <c 113 W < MRS Mt 7M 3 • May 14, 2004 MERIDIAN CITY COUNCIL MEETING 18, 2004 AZ 03-035 APPLICANT Capital Development ITEM NO. , OR REQUEST Ordinance — Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zones for proposed Settlement Bridge Subdivision — 2205 East McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See alfaehed Ordinance Contacted:,Ctr Date: �� Phone: 5�� s Emailed: y Staff Initials: Materials presented at publk nteetinps shill become properly of the City of Mo*§m. 0 • CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 04- ZO 7 , passed by the City Council of the City of Meridian, on the day of IRA , 2004, is a true and correct copy of the original of said document which is in the care, cu tody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) ss. County of Ada, WILLIAM G. BERG, JR. On this day of , in the year ,20ay , before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .•••�- CE L. S ��'•. (SEAL) - N 10 C• • �`"•,E OF t� P•••O 'r��rrrrHd•� for Idaho Expires: 0 20 p ZAWork\M\Meridian\Meridian 15360MSettlement Bridge Sub AZ -03-035 PP -03-041 CUP-03-065\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -03-035 KEVIN DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, In T. GUY HALLAM ** JILL S. HOLINKA JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 4664405 March 29, 2004 • CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. RossMAN TERRENCE R. WHITE *�• • Also admitted in CA •' Also admitted in OR •'• Also admitted in WA Re: Ordinance No. 04- /0 7 '(THE JOHN AND JEANNE TOLK TRUST AND CAPITAL DEVELOPMENT, INC.) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for The John and Jeanne Tolk Trust and Capital Development, Inc., pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours Wm. F. Nicho s Enclosure ZAWork\M\Meridian\Meridian 15360M\Settlement Bridge Sub AZ -03-035 PP -03-041 CUP-03-065\Berg Sum Ord Ur 03 29 04.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- IP 7/ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by The John and Jeanne Tolk Trust and Capital Development, Inc., to be known as Settlement Bridge Subdivision, consisting of 70.64 acres and commonly located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4, Range 1 East, Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the NW'/4 of Section 32, TAN., R.IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 29, 30, 31 and 32 of said T. 4N., R.1 E.; Thence South 89°12'09" East, 2653.10 feet (formerly described as 2653.12 feet) on the section line common to said Sections 29 and 32 to the 1/4 section corner common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING; Thence South 00°33'24" West, 1321.93 feet on the north -south mid-section line of said Section 32 to a found 5/8" rebar marking the center -north 1/16`h section corner of said Section 32; Thence North 89°22'20" West, 2653.10 feet (formerly described as 2653.11 feet) to a found 5/8" rebar marking the north 1/16`h section corner common to said Sections 31 and 32; Thence North 00133'27" East, 664.89 feet on the section line common to said Sections 31 and 32; Thence leaving said section line South 89'17'15" East, 48.00 feet; Thence North 00°33'27" East, 180.50 feet; Thence South 89'17'15" East, 845.15 feet; Thence North 00°33'07" East, 483.07 feet to a point on the section line common to said Sections 29 and 32; Thence South 89°12'09" East, 1759.99 feet (formerly described as 1760.00 feet) on the section line common to said Sections 29 and 32 to the real point of beginning. Said parcel contains 70.64 acres more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the rge day of ,Ia q 52004. Ci y of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: 5---t/10--0 ¢- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES C NO Second Reading: — Third Reading: ZAWork\M\Meridian\Meridian 15360M\Settlement Bridge Sub AZ -03-035 PP -03-041 CUP-03-065\SUMANNEXZONGORD.doc L� 0 12004 .t�� 1,--r•�; � 1'�i�_�. ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 05/19/04 11:46 AM DEPUTY Bonnie Oberbillig Meridian C ryREQUEST OF III I III IIII II II III I III II I IIII II II III AMOUNT .00 104061810 CITY OF MERIDIAN ORDINANCE NO. 04 -Id 7 % AN ORDINANCE FINDING THAT, THE JOHN AND JEANNE TOLK TRUST AND CAPITAL DEVELOPMENT, INC., THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF LOCUST GROVE ROAD, AND ON THE SOUTH SIDE OF McMILLAN ROAD, IN SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO, TO BE KNOWN AS SETTLEMENT BRIDGE SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to -wit: LEGAL DESCRIPTION A parcel of land located in the NW 1/4 of Section 32, TAN., R.IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ -03-035) -1 R.1 E.; • Commencing at the section corner common to Sections 29, 30, 31 and 32 of said T. 4N., Thence South 89°12'09" East, 2653.10 feet (formerly described as 2653.12 feet) on the section line common to said Sections 29 and 32 to the 1/4 section corner common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING; Thence South 00°33'24" West, 1321.93 feet on the north -south mid-section line of said Section 32 to a found 5/8" rebar marking the center -north 1/1 6th section corner of said Section 32; Thence North 89°22'20" West, 2653.10 feet (formerly described as 2653.11 feet) to a found 5/8" rebar marking the north 1/16th section corner common to said Sections 31 and 32; and 32; Thence North 00°33'27" East, 664.89 feet on the section line common to said Sections 31 Thence leaving said section line South 89'17'15" East, 48.00 feet; Thence North 00°33'27" East, 180.50 feet; Thence South 89'17'15" East, 845.15 feet; Thence North 00°33'07" East, 483.07 feet to a point on the section line common to said Sections 29 and 32; Thence South 89°12'09" East, 1759.99 feet (formerly described as 1760.00 feet) on the section line common to said Sections 29 and 32 to the real point of beginning. Said parcel contains 70.64 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ -03-035) - 2 • 0 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the ! day of i72 , 2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -03-035) - 3 0 0 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /e—day of Q , 2004. APP OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2004. M Y de_ _WEERD ATTEST: /-/>- 4"e� 1 22 �7 CITY CLERK First Reading: Adopted after V reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: No: Second Reading: Third Reading:_ STATE OF IDAHO,) : ss. County of Ada On this /day ofAde , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abol (SEAL) ZAWork\M\Meridian\Meridian 'Itluu TA Y PUBLIC FOR IDAHO RESI ING AT: P ah VCOMMISSION EXPIRES: QV�d �7 Sub AZ -03-035 PP -03-041 CUP-03-065\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -03-035) - 4 Zl© CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle :�Z_— Keith Bird „-&— Mayor Tammy de Weerd 2. Pledge of Allegiance: /ham 3. Community Invocation by Robert Curler with Christ Lutheran Church: pr�Jr,�t�4 4. Adoption of the Agenda: 017;rovk- S. ESGR Statement of Support• S. Consent Agenda: A. Approve minutes of April 27, 2004 City Council Regular Minutes: lvp� B. Findings of Fact and Conclusions of Law for Approval: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Courtyard Condominiums by N.M. Enterprises - south of East Overland Road and east of Celebration Avenue: °LP/"�"". C. Findings of Fact and Conclusions of Law for Approval: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises - south of East Overland Road and east of Celebration Avenue: v -c D. Findings of Fact and Conclusions of Law forApproval: PFP 04-002 Request for Preliminary / Final Plat approval for the re- subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridaetower Crossing/Gallery Subdivision by Primeland M-Mim City Coaoeil Asade - May 19, tooa P.Se 1 era An oa"WA W"W" at pnbhe masiop andl become p waw oftbe Cay orMaid'aa Atyone dairiDg seommodoon for die ARM related to duvmao W&W baric& Please eotUd the Cay Clak'e Office #1988-4433 at las 49 ham prior w fie public oteun` ** TX C(OMATION REPORT Wk '04 AS OF MAY 19 0. PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 05/19 08:01 3810160 EC --S 02'08" 004 075 OK 02 05/19 08:04 PUBLIC WORKS EC --S 01'14" 004 075 OK 03 05/19 08:06 12084664405 EC --S 01'15" 004 075 OK 04 05/19 08:08 8841159 EC --S 01'14" 004 075 OK 05 05/19 08:09 2088840744 EC --S 01'14" 004 075 OK 06 05/19 08:11 POLICE DEPT EC --S 01'14" 004 075 OK 07 05/19 08:13 8985501 EC --S 01'14" 004 075 OK 08 05/19 08:14 LIBRARY EC --S 01'37" 004 075 OK 09 05/19 08:16 92083776449 EC—S 01'13" 004 075 OK 10 05/19 08:18 208 388 6924 EC --S 01'36" 004 075 OK 11 05/19 08:20 2088886854 EC --S 01'13" 004 075 OK 12 05/19 08:22 208 895 0390 EC --S 01'14" 004 075 OK 13 05/19 08:24 208 387 6393 EC --S 01'25" 004 075 OK 14 05/19 08:26 8885052 EC --S 01'14" 004 075 OK 15 05/19 08:28 CHERRY LANE G3 --S 02'35" 004 075 OK 16 05/19 08:31 IDAHO ATHLETIC C EC --S 01'16" 004 075 OK 17 05/19 08:33 ID PRESS TRIBUNE EC --S 01'15" 004 075 OK 18 05/19 08:35 2088886701 EC --S 01'15" 004 075 OK 19 05/19 08:46 ADA CTY DEUELMT ---S 00'00" 000 075 BUSY THIS DOCUMENT IS STILL IN MEMORY CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle :�Z_— Keith Bird „-&— Mayor Tammy de Weerd 2. Pledge of Allegiance: /ham 3. Community Invocation by Robert Curler with Christ Lutheran Church: pr�Jr,�t�4 4. Adoption of the Agenda: 017;rovk- S. ESGR Statement of Support• S. Consent Agenda: A. Approve minutes of April 27, 2004 City Council Regular Minutes: lvp� B. Findings of Fact and Conclusions of Law for Approval: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Courtyard Condominiums by N.M. Enterprises - south of East Overland Road and east of Celebration Avenue: °LP/"�"". C. Findings of Fact and Conclusions of Law for Approval: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises - south of East Overland Road and east of Celebration Avenue: v -c D. Findings of Fact and Conclusions of Law forApproval: PFP 04-002 Request for Preliminary / Final Plat approval for the re- subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridaetower Crossing/Gallery Subdivision by Primeland M-Mim City Coaoeil Asade - May 19, tooa P.Se 1 era An oa"WA W"W" at pnbhe masiop andl become p waw oftbe Cay orMaid'aa Atyone dairiDg seommodoon for die ARM related to duvmao W&W baric& Please eotUd the Cay Clak'e Office #1988-4433 at las 49 ham prior w fie public oteun` • • ** TX CONFIRMATION REPORT ** AS OF MAY 14 '04 1?:56 PAGE.01 CITY OF MERIDIAN v UOG 05-I- +0 ✓ I1,001XI /Uovic ,- /rl CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Robert Curler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. ESGR Statement of 11% innn.t- DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 11 05/14 17:19 3810160 EC --S 01'43" 003 031 OK 12 05/14 17:21 PUBLIC WORKS EC --S 00'59" 003 031 OK 13 05/14 17:22 2084664405 EC --S 01'00" 003 031 OK 14 05/14 17:24 8841159 EC --S 01'00" 003 031 OK 15 05/14 17:25 2088840744 EC --S 01'00" 003 031 OK 16 05/14 17:27 POLICE DEPT EC --S 00'59" 003 031 OK 17 05/14 17:2e 8985501 EC --S 00'59" 003 031 OK 18 05/14 17:30 LIBRARY EC --S 01'17" 003 031 OK 19 05/14 17:32 92083776449 EC --S 00'59" 003 031 OK 20 05/14 17:33 208 388 6924 EC --S 01'16" 003 031 OK 21 05/14 17:35 2088886854 EC --S 00'59" 003 031 OK 22 05/14 17:37 ALL AMERICAN INS EC --S 01'00" 003 031 OK 23 05/14 17:38 208 895 0390 EC --S 00'59" 003 031 OK 24 05/14 17:40 128300040 G3 --S 01'19" 003 031 OK 25 05/14 17:42 208 387 6393 EC --S 00'59" 003 031 OK 26 05/14 17:43 ADA CTY DEVELMT EC --S 01'01" 003 031 OK 27 05/14 17:45 8885052 EC --S 00'59" 003 031 OK 28 05/14 17:46 CHERRY LANE G3 --S 01'59" 003 031 OK 29 05/14 17:49 IDAHO ATHLETIC C EC --S 01'00" 003 031 OK 30 05/14 17:51 887 0816 G3 --S 02'00" 003 031 OK 31 05/14 17:53 ID PRESS TRIBUNE EC --S 01'00" 003 031 OK 32 05/14 17:55 2088886701 EC --S 01'00" 003 031 OK v UOG 05-I- +0 ✓ I1,001XI /Uovic ,- /rl CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Robert Curler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. ESGR Statement of 11% innn.t- 7� r 411(,, 1lle�1'47Gia114� l CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 18, 2004 at 7:00 p.m. City Council Chambers 1. Roll -call Attendance: Charlie Rountree Bill Nary Shaun Wardle Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Robert Curler with Christ Lutheran Church: 4. Adoption of the Agenda: 5. ESGR Statement of Support: 6. Consent Agenda: A. Approve minutes of April 27, 2004 City Council Regular Minutes: B. Findings of Fact and Conclusions of Law for Approval: PFP 04-003 Request for Preliminary Final Plat approval of 1 condominium plat on 1.24 acres in a L -O zone for Riverbirch Courtyard Condominiums by N.M. Enterprises — south of East Overland Road and east of Celebration Avenue: C. Findings of Fact and Conclusions of Law for Approval: CUP 04-007 Request for a detailed Conditional Use Permit for Riverbirch Courtyard Condominiums as required by the Development Agreement for Resolution Business Park for a medical / dental office use in an L -O zone by N. M. Enterprises — south of East Overland Road and east of Celebration Avenue: D. Findings of Fact and Conclusions of Law for Approval: PFP 04-002 Request for Preliminary / Final Plat approval for the re- subdivision of Lot 3, Block 10, of Bridgetower Crossing Subdivision No. 2 into 3 building lots on 2.63 acres in an R-4 zone for Bridaetower Crossina/Gallery Subdivision by Primeland Meridian City Council Agenda — May 18, 2004 Pagel of 3 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • Development, LLP — northeast comer of West Belltower Drive and North Ten Mile Road: E. Findings of Fact and Conclusions of Law for Approval: REVISED AZ 03-029 Request for annexation and zoning of 26.48 acres from RUT to R-8(PD) zones for proposed Sheridan Place Subdivision by CMD, Inc. — north of East McMillan Road and east of North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: REVISED PP 03-035 Request for Preliminary. Plat approval of 50 building lots and 15 other lots on 15.34 acres in a proposed R-8 (PD) zone for Sheridan Place Subdivision by Doug Campbell — north of East McMillan Road and east of North Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: REVISED CUP 03-060 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot frontages, house sizes, and increased block length for proposed Sheridan Place Subdivision by Doug Campbell — north of East McMillan Road and east of North Locust Grove Road: H. Affidavit for Correction to Sanitary Sewer Easement with Holder Properties (T -Mobile Project): I. Development Agreement: AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: 7. Department Reports: A. Mayor's Office: 1. Economic Development Coordinator: 8. (Items Moved from Consent Agenda) 9. FP 04-030 Request for Final Plat approval of 30 single-family residential building lots and 6 common lots on 9.01 acres in a R-8 zone for Baldwin Park Subdivision No. 8 by Capital Development, Inc. — north of West Ustick Road and east of North Linder Road: 10. Public Hearing: AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L -O zone for Southstone Subdivision by Pinnacle Meridian City Council Agenda — May 18, 2004 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Engineers, Inc. — northeast comer of South Eagle Road and East Girdner Lane: 11. Public Hearing: PP 04-008 Request for Preliminary Plat approval of 8 commercial building lots on 3.06 acres in a proposed L -O zone for Southstone Subdivision by Pinnacle Engineers, Inc. — northeast comer of South Eagle Road and East Girdner Lane: 12. Public Hearing: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: 13. Public Hearing: PP 04-006 Request for Preliminary Plat approval of 20 single-family residential building lots and 2 common lots on 5.273 acres in a proposed R-4 zone for proposed Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: 14. Public Hearing: VAR 04-002 Request for a Variance for reduction of the setback of the existing house on Lot 21, Block 5 from 20 feet to 13.55 feet for Packard Acres Subdivision No. 3 by Packard Estates Development, LLC — south of East Ustick Road and east of North Locust Grove Road: 15. Water, Sewer and Trash Delinquencies: 16. Ordinance No.' RZ 04-003 Request for a Rezone for .17 acre from I -L to O T zones for Brandon Wright by Brandon Wright — 631 West 1 st Street: 17. Ordinance No. AZ 03-035 Request for Annexation and Zoning of 70.64 acres from RUT to R-8 zone for proposed Settlement Bridge Subdivision by Capital Development — 2205 East McMillan Road: Meridian City Council Agenda — May 18, 2004 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public Meting. TE Interoffice a,; 18 2004 Memorandum ` r;sE , idiazi City Clerk Office To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Gemtone Center Subdivision No. 5 — Final Plat Time Extension (TE -04-001) Date: May 18, 2004 Will: Please find enclosed the original of the Order Granting A One (1) Year Time Extension for the final plat in the above matter. This Order is pursuant to the timely request of the applicant, Engineering Solutions, LLP, and pursuant to the City Council's action at its May 11, 2004, meeting. Therefore, please present this Order to Mayor De Weerd to obtain her signature. Please forward copies to the applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Gemtone Center Subdivision No. 5 TE-04-001\Clk TE Memo 05 18 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR EXTENSION ON FINAL PLAT FOR ) GEMTONE CENTER SUBDIVISION NO. 5, ) LOCATED APPROXIMATELY % MILE ) SOUTH OF E. FAIRVIEW AVE. AND '/ MILE) WEST OF N. EAGEL RD., IN THE EAST '/ ) OF SECTION 8, T.3N., RJE., MERIDIAN, ) IDAHO ) BY: ENGINEERING SOLUTIONS, LLP, ) APPLICANT ) C/C 05-11-04 CASE NO. TE -04-001 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 11 th day of May, 2004, upon the Applicant's time application for a one (1) year extension for filing the final plat, which Phase 5 of the Gemtone Center Subdivision preliminary plat was originally approved on May 9, 2003, as provided in § 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above named Applicant is granted a one (1) year extended period of time until May 1, 2005, of this Order for the filing of the final plat for the above entitled subdivision application. By action of the City Council at its regular meeting on the day of 2004. Order Granting A One (1) Year Time Extension For Final Plat — Gemtone Center Subdivision No. 5 (TE -04-001) Page 1 of 2 DATED this day of LI h d , 2004. 01 ayor T de Weerd Attest: ���;�.� OF MER.°��`'%,,��/ SEAL William G. Berg, Jr., Citytlerky=, O �9p�T 001 11 Copy served upon Applicant, Planning a &Zoning%ent, Public Works and the City Attorney. By: Au\ -a- -A-rvj Qm Dated: A W S City Clerk's Office ZAWork\N1\Meridian\Meridian 15360MNGemtone Center Subdivision No. 5 TE-04-OO1\FP Time Extension TE-04-OOI.doc Order Granting A One (1) Year Time Extension For Final Plat — Gemtone Center Subdivision No. 5 (TE -04-001) Page 2 of 2 • KEVIN E. DINIUS JuLtE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, HI T. Guy HALLAM ** JILL S. HOLINKA JOHN R. KoRMANIK WILLIAM A. MoRRow WILLIAM F. NICHOLS ** William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 4664405 May 27, 2004 • ,ECEIVED MAY ?. 7 2004 City Of Nlei idiaii Cite Clerk Office CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. RossmAN TERRENCEK WHITE*** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA Re: CAPITAL DEVELOPMENT, INC. / BALDWIN PARK SUBDIVISION NO. 8 / FINAL PLAT — (FP -04-030) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols DC\ZAWork\M\Meridian\Meridian 15360M\Baldwin park Sub No. 8 FP-04-030\ClerkFPltr 05 25 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CAPITAL DEVELOPMENT, INC. FOR APPROVAL OF 30 SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON LOTS ON 9.01 ACRES IN AN R-8 ZONE, LOCATED APPROXIMATELY % MILE EAST OF N. LINDER ROAD AND 1/ MILE SOUTH OF W. MCMILLAN ROAD IN TAN., RAW., SECTION 36. C/C 05/18/04 CASE NO. FP -04-030 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on May 18, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: City Council Date: May 18, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF BALDWIN PARK NO.8 SUBDIVISION, A PORTION OF SECTION 36, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2004, HANDWRITTEN DATE: 04/6/04, CAPITAL DEVELOPMENT INC., DEVELOPER, BOISE, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO. 8 / (FP -04-030) Pagel of 3 IDAHO, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, BOISE, IDAHO, SHEET 1 OF 2, 30806-PLT.DWG BEB 04/06/04 STAMPED DATE: APR 19 2004", Capital Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: City Council Date: May 18, 2004, listing 15 SITE SPECIFIC REQUIREMENTS, and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit `A', and consisting of four pages, and by reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO. 8 / (FP -04-030) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of m , 2004. Wk ��_ Damm nerd `\���,`y Orr''%,May , C' y of Meridian Attest: SEAL William G. Berg, Jr., ty lerk JS Copy served upon Applicant, the PlI epartment, Public Works Department, and City Attorney. By:.; ` e /� Dated: Jure i .7m4 dc\ZAWork\M\Meridian\Meridian 15360M\Baldwin park Sub No. 8 FP-04-030\0rderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BALDWIN PARK SUBDIVISION NO. 8 / (FP -04-030) Page 3 of 3 . rcrnsune. - SINCE '. 1903 STAFF REPORT: City Council Date: May 18, 2004 To: Mayor & City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Engineering Tech III � Re: Baldwin Park Subdivision No. 8 Request for Final Plat approval of Thirty (30) Single -Family Residential Building Lots and Six (6) Other Lots on 9.01 Acres in an R-8 Zone, by Capitol Development (File No. FP -04-030). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the eighth phase of the Baldwin Park Subdivision, located approximately'/ mile east of N. Linder Road and 1/ mile south of W. McMillan Road in TAN., R.1 W., Section 36. This phase of the subdivision includes 30 single family residential building lots and 6 common lots on 9.01 acres in an R-8 zone. The gross density of Phase No. 8 is approximately 3.32 dwelling units/acre. The net density is approximately 4.37 dwelling units/acre. Staff finds that the final plat substantially complies with the approved preliminary plat (PP -03- 038). There was one common lot added in Block 4 and one in Block 17 for street buffer landscaping. There was also a building lot removed in Block 17 and one in Block 16. Staff has no objections to these changes. Staff recommends approval of this phase of Baldwin Park Subdivision with the comments and conditions stated in this report. Exhibit `A' Page 1 of 4 ;, r* CITY HALL MAYOR (208) 888-4433 — Fax 8874813 Tammy de Weerd �y CITY OF PUBLIC WORKS CITY COK CIL EMBERS BUILDEPARTMENT erl�lcn (08) 8DING E51 William L.M. Nary Shaun Wardle C II)AHCO ti w LEGAL DEPARTMENT Charles M. Rountree j \\\y. (208) 466-9272 — FAX 466-4405 . rcrnsune. - SINCE '. 1903 STAFF REPORT: City Council Date: May 18, 2004 To: Mayor & City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Engineering Tech III � Re: Baldwin Park Subdivision No. 8 Request for Final Plat approval of Thirty (30) Single -Family Residential Building Lots and Six (6) Other Lots on 9.01 Acres in an R-8 Zone, by Capitol Development (File No. FP -04-030). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION This is the eighth phase of the Baldwin Park Subdivision, located approximately'/ mile east of N. Linder Road and 1/ mile south of W. McMillan Road in TAN., R.1 W., Section 36. This phase of the subdivision includes 30 single family residential building lots and 6 common lots on 9.01 acres in an R-8 zone. The gross density of Phase No. 8 is approximately 3.32 dwelling units/acre. The net density is approximately 4.37 dwelling units/acre. Staff finds that the final plat substantially complies with the approved preliminary plat (PP -03- 038). There was one common lot added in Block 4 and one in Block 17 for street buffer landscaping. There was also a building lot removed in Block 17 and one in Block 16. Staff has no objections to these changes. Staff recommends approval of this phase of Baldwin Park Subdivision with the comments and conditions stated in this report. Exhibit `A' Page 1 of 4 Mayor & City Council • Hearing Date: May 18, 2004 Page 2 of 4 SITE SPECIFIC REQUIREMENTS Applicant shall meet all terms of the approved Annexation (AZ -03-033), Preliminary Plat (PP -03-038) and Development Agreement (Inst. No. 102083000). 2. The pressurized irrigation system within this development is to be owned and maintained privately by the Baldwin Park Subdivision Homeowner's Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro -paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All fencing shall be in compliance with MCC 12-4-10. 5. Please revise the Landscape Plan dated 4-13-04 (L-1 & L-2), prepared by The Land Group, Inc. as follows: a. Show contours of swales on all drainage lots. Drainage swales must be in compliance with MCC 12-13-14 Stormwater Integration. 6. Add or revise the following plat notes: a. Revise Note #14 to read: "Fencing adjacent to the micropath on Lot 52, Block 12, between the path aiidthe eai-let -lines -ef Lots-50,34and 53 Bjeek 12 shall be limited to a (4) foot tall fence if solid building materials are used. This requirement affects Lots 50, 51, and 53, Block 12." 7. Correct the distance of L14 in the Line Table. 8. Sanitary sewer service to this site shall be via the White Drain Trunk. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Exhibit `A' Page 2 of 4 Mayor & City Council Hearing Date: May 18, 2004 Page 3 of 4 Department. 9. Municipal water service to this site shall be via main line extensions from mains installed in previous phases. Applicant will be responsible to construct the water mains to and through this proposed development. 10. Complete the Certificate of Owners and accompanying Acknowledgment. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Revise the plat to graphically depict an eight foot (8') wide public utilities, drainage and irrigation easement along the east side of Lot 7, Block 17, as this will be a side lot line adjacent to future development. 13. There are several boundary line bearing and distance calls that don't match the corresponding callouts of the previous Baldwin Park No. 7 Subdivision Plat. Make the necessary corrections to comply. 14. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100 -year storm event. (All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances.) 15. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One -Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Exhibit `A' Page 3 of 4 Mayor & City Council Hearing Date: May 18, 2004 Page 4 of 4 Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor shall obtain design and permit approval from the Public Works Department prior to commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. Sewer and water mains shall be extended to and through the proposed development, thereby making services available for adjacent properties. 6. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. RECOMMENDATION Staff recommends approval of Baldwin Park Subdivision No. 8 with the above stated comments and conditions. Exhibit `A' Page 4 of 4 • DELINQUENCY FOR OFF SCHEDULED May 19, 2004 CYCLE 1 RECEIVED MAY 18 1O4 City of Meridian R TURN City Clerk Office FOR MAYOR: This is to inform you in writing, if you so choose, that you have the right to a pre -termination hearing at 7:30 P.M. Tuesday, May 18, 2004, before the Mayor and City Council, to appear in person to be judged on the facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on May 19, 2004 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $17,938.82 is go CITY OF MERIDIAN Delinquent Account List- council p 1 Standard Payment Customers Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () = {<) 880000001 Customer.Bill Cycle = 1 age. May 18, 2004 03:05pm Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 22.51.2648.1 A SHADE BETTER PAINTING 259.38 132.00 127.38 - 03/24/2004 127.38- 22.51.4280.1 A.J.J. ENTERPRISES 226.72 114.20 112.52 - - 03/29/2004 112.52- 30.74.2744.1 ABBOTT, KEVIN & SHAWNA 92.74 52.58 40.16 - - 04/13/2004 47.68- 20.46.0132.2 ABBOTT, ROBERT 55.02 37.42 17.60 - - 04/27/2004 36.40- 24.04.1904.1 ABBOTT, SCOTT 111.06 110.90 .16 - - 04/21/2004 144.00- 30.74.3602.2 ADAMS, CYNTHIA 201.12 82.00 68.92 50.20 - 03/24/2004 57.44- 23.02.2714.3 ADAMS, ROY & STACY 314.94 - - - 314.94 07/28/2003 70.46- 23.02.0428.2 ADLER, J & SMITH, T 150.24 102.56 47.68 - - 04/21/2004 47.56- 34.34.5036.1 ALBERTSONS EMPLOYEES FEC 274.81 43.95 47.71 43.95 139.20 - 20.46.4612.1 ALBERTSONS WHOLESALE 358.72 243.35 115.37 - - 04/28/2004 115.37- 24.03.0400.1 ALLEN, JAMES 165.36 86.36 79.00 - 04/19/2004 90.00- 37.37.3248.2 ALLEN, MARK & MICHELLE 94.36 47.68 46.68 - - 04/13/2004 41.16- 37.37.3822.1 ALLEN, SCOTT 62.80 31.40 31.40 - 03/30/2004 31.40- 35.35.0194.4 ALLMOND, JOSEPH & TAKEIA 60.42 46.44 13.98 - 05/04/2004 45.00- 22.50.0032.3 ALTIZER, RONDA 66.96 38.08 28.88 - 04/06/2004 32.64- 23.02.0888.1 ANDERSON, DEAN 69.90 41.02 28.88 - 03/17/2004 65.28- 22.50.4494.3 ANDERSON, STAN 70.20 54.32 15.88 - 03/09/2004 30.12- 30.74.2758.3 ANDREW PROPERTIES 97.78 51.34 46.44 - - 04/12/2004 46.44- 23.02.6300.1 ANSON, PATRICIA 173.73 113.72 51.44 8.57 04/06/2004 40.00- 24.04.1664.3 ANSON, RICK & REBECCA 93.08 57.92 35.16 - 03/18/2004 162.88- 20.47.0048.1 ANTHONY, MAX 77.50 61.68 15.82 - 04/16/2004 36.65- 36.53.0700.1 ARNOLD MACHINERY 462.80 378.61 84.19 - 05/04/2004 309.76- 21.21.9154.2 ASCHENBRENNER, KEN 60.29 26.39 15.07 15.07 3.76 02/13/2004 7.55- 22.51.2620.1 ASHTON, JAY & LAFAYNE 64.60 40.93 23.67 - - 02/09/2004 91.14- 36.69.0530.1 ATCHISON, JEFFERY 86.34 47.42 38.92 04/20/2004 38.92- 24.04.1290.3 BACON,THOMAS & JANIS 90.88 73.28 17.60 - - 22.51.0514.2 BAILEY, PEGGY 231.48 87.42 67.68 51.44 24.94 03/08/2004 50.00- 23.02.2130.1 BALDWIN, PIXIE 52.90 31.54 21.36 - - 04/13/2004 21.36- 21.21.9042.2 BARNACK, BILLIE 67.94 50.34 17.60 - - 24.04.0546.2 BARTLETT, KEVIN 134.28 72.80 61.48 - 04/15/2004 65.24- 30.74.2616.3 BECK, DEAN 63.42 37.02 26.40 - 04/21/2004 30.16- 30.74.3604.2 BECK, RODNEY 117.40 59.68 57.72 - 03/11/2004 83.96- 22.50.1500.1 BEDDES, LARRY 67.03 66.93 .10 - 05/04/2004 33.77- 36.69.0722.1 BENAVIDES, RUBEN 73.38 64.66 8.72 - - 04/14/2004 27.64- 22.50.2182.2 BENTLEY, RENEE 79.70 50.82 28.88 - - 03/16/2004 30.68- 22.50.0290.4 BEVINGTON, HELEN 86.52 36.28 25.12 25.12 02/17/2004 28.88- 21.21.9102.1 BIG RIVER 85.60 63.01 22.59 - 03/08/2004 22.59- 21.21.9006.1 BIG RIVER 77.10 46.99 30.11 - - 03/08/2004 33.87- 21.21.9002.1 BIG RIVER 88.54 54.67 33.87 - 03/08/2004 18.83- 21.21.9106.1 BIG RIVER 75.30 56.47 18.83 - 03/08/2004 21.36- 21.21.9158.1 BIG RIVER 60.10 37.51 22.59 - 03/08/2004 15.38- 21.21.9110.1 BIG RIVER 85.82 47.97 37.63 .22 03/08/2004 26.13- 24.03.0328.2 BISHOP, JEFFREY 123.56 77.62 45.94 - 04/21/2004 60.00- 22.51.3330.2 BISHOP, TOM 92.84 39.88 40.16 92.80 03/30/2004 30.00- 22.50.1726.2 BOESIGER, MAX 120.02 87.38 32.64 - 04/21/2004 74.80- 22,51.0506.1 BOGGIS,CONNIE 176.37 108.43 35.85 32.09 03/16/2004 35.85- 23.02.1800.2 BOLTON, TERESA 110.10 69.94 40.16 - 04/06/2004 66.40- 30.30.6050.2 BONNEY, AARON 41.80 38.04 3.76 - 20.46.0468.1 BORCHARDT, KEVIN & TINA 122.04 70.60 51.44 - 04/01/2004 77.68- 30.30.6098.1 BORUP CONSTRUCTION 24.56 17.60 3.48 3.48 "' in Msg column indicates no Notice is to be sent is CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers May 18, 2004 03:06pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 46.46.6316.1 BORUP CONSTRUCTION 24.56 17.60 3.48 3.48 - 46.46.7090.1 BORUP CONSTRUCTION 16.52 - 3.48 13.04 - - 30.74.0660.2 BOSSART-HILL, CANDACE 101.22 47.26 53.96 - - 03/30/2004 61.48- 25.05.0368.1 BOUDREAUX, JAMES 136.68 67.68 69.00 - 03/22/2004 42.68- 36.69.0904.2 BRADY, FREDRICK & DIANNE 82.60 53.72 28.88 - - 22.51.0706.2 BRANDT, LORELI 66.96 41.84 25.12 - 04/06/2004 36.40- 37.37.2966.1 BREGY HOMES 63.14 40.16 18.52 4.46 - - 25.25.1006.2 BRENNAN, TERRENCE & GAYLE 112.96 86.22 26.74 - 04/19/2004 180.00- 23.01.0800.1 BREWER, SID & SHELLY 93.44 71.02 22.42 04/21/2004 51.36- 23.02.1290.5 BRINEGAR, E.E. 72.54 72.06 .48 - 05/17/2004 40.00- 24.04.1674.1 BRINKERHOFF, JOHN 157.48 96.00 61.48 - 03/29/2004 65.24- 36.65.3162.3 BURNS, E. GALE & ELAINE 86.23 60.50 25.73 - - 04/16/2004 25.00- 24.04.2308.1 BUTTERFIELD, CHARLES & TON 189.52 109.24 80.28 - - 03/17/2004 168.08- 24.03.0832.3 BYRUM, DARYL 136.70 76.46 60.24 - - 03/17/2004 94.24- 30.74.2508.1 C W CONSTRUCTION 32.99 29.51 3.48 - - 04/16/2004 29.51- 22.50.0728.1 C.F.I. INVESTMENTS 70.12 69.28 .84 - - 05/11/2004 45.00- 23.02.0498.1 CADE, CHRISTOPHER 158.32 99.36 58.96 - - 03/24/2004 58.96- 22.50.0206.2 CADENHEAD, RUSSEL & LOPE2 165.85 141.45 24.40 - - 04/13/2004 1100.00- 36.69.1122.2 CARTER, J.R. 104.16 57.88 46.28 - - 04/20/2004 55.00- 24.03.0850.2 CAST, PETER & VERIONICA 72.06 50.24 21.82 - - 04/16/2004 40.00- 35.35.0094.2 CHANDLER, LLOYD 97.32 45.88 51.44 - - 03/25/2004 36.40- 23.02.4700.2 CHENEY, STEVEN 112.84 52.30 36.40 24.14 - 03/17/2004 70.00- 23.02.6100.1 CHENEY, STEVEN 58.42 46.90 11.52 - - 04/19/2004 28.88- 30.74.2752.3 CHILDRESS, JACK 81.76 42.84 38.92 - - 03/23/2004 60.20- 23.23.3024.1 CHRISTENSEN, DWAYNE 115.00 74.84 40.16 - - 04/20/2004 40.16- 0.16-37.07.0002.1 37.07.0002.1 CHRISTIAN FAMILY MATTERS 24.06 21.12 2.94 - - 23.02.3466.2 CHRISTIANSEN, SUE ANN 55.68 30.56 25.12 - - 03/25/2004 25.12- 22.51.1170.2 CHRISTIANSON, ARTHUR & COI 27.08 15.77 11.31 - - 04/15/2004 15.07- 22.51.1166.3 CHRISTIANSON, ARTHUR & COI 63.85 11.03 7.55 7.55 37.72 10/21/2003 15.10- 22.51.1174.2 CHRISTIANSON, ARTHUR & COI 51.60 29.01 22.59 - - 04/15/2004 22.59- 22.51.0463.1 CITY - MERIDIAN PARKS 34.80 6.96 3.48 3.48 20.88 - 20.46.0284.1 CLARK, TROY 64.48 36.84 27.64 - - 04/13/2004 31.40- 30.74.3360.1 COLE, DEBRA 44.17 36.14 8.03 - 04/20/2004 31.23- 22.50.4478.1 COLEMAN, MICHAEL R. 40.13 35.74 4.39 - 01/14/2004 67.00- 30.74.0424.2 COMPTON, CRAIG 86.86 42.94 43.92 - 04/13/2004 43.92- 35.65.0396.1 COMPTON, RICHARD 78.82 39.90 38.92 - - 03/22/2004 38.92- 24.04.0888.1 CONNELL, DION 126.60 126.56 .04 - 05/18/2004 71.00- 23.02.0640.1 COPE, LINDA 42.74 35.30 7.44 - 12/29/2003 100.00- 25.25.9982.1 COREY BARTON CONSTRUCTIC 6.96 3.48 3.48 - - 46.46.6208.1 COREY BARTON CONSTRUCTIC 7.40 6.42 .98 - - 46.46.6206.1 COREY BARTON CONSTRUCTIC 10.34 9.36 .98 - - 25.25.9886.1 COREY BARTON HOMES 78.26 53.96 24.30 - 03/16/2004 1.96- 25.25.9986.1 COREY BARTON HOMES 38.96 17.60 21.36 - 03/16/2004 6.96- 24.04.0120.2 CORONA, JUAN & ROMONA 123.98 67.34 47.68 8.96 03/22/2004 50.00- 22.51.4130.1 COUNTRY GLASS 276.76 139.41 93.93 43.42 05/18/2004 120.25- 30.30.6068.3 COVINGTON-TAYLOR, ELIZABE' 60.54 31.66 28.88 - 03/16/2004 28.88- 30.74.0100.2 CRAWFORD, SARAH 64.40 44.40 20.00 04/19/2004 34.00- 22.50.3852.2 D'AMICO,JENNIFER 68.26 43.14 25.12 04/01/2004 24.12- 22.50.4574.3 DAROSA, JOE 111.18 74.78 36.40 04/21/2004 32.02- 23.02.0904.1 DECHAMBEAU, JOHN 75.46 42.82 32.64 03/10/2004 72.80- 35.65.0648.2 DECKER, STANLEY 65.58 34.18 31.40 04/06/2004 61.40- 24.04.2264.1 DEGRANGE, HAROLD & COLLEI 76.46 75.56 .90 05/03/2004 38.02- 22.51.2630.1 DELSMAN, JOHN 100.07 96.59 3.48 04/21/2004 82.93- 30.30.5010.1 DLB 22.98 18.52 4.46 - 30.30.5002.1 DLB 14.80 9.36 5.44 *** in Msg column indicates no Notice is to be sent a Awkk CITY OF MERIDIAN Delinquent Account List- council Page: 3 Standard Payment Customers May 18, 2004 03:06pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 30.30.5012.1 *** DLB LLC 43.64 36.40 7.24 - 04/12/2004 3.48- 30.30.5006.1 DLB LLC 43.64 28.88 14.76 - 04/12/2004 3.48- .48-30.74.5000.1 30.74.5000.1 DLB LLC 69.04 40.16 28.88 - 04/12/2004 6.96- 30.74.2944.2 DOHSE, ROGER 54.22 47.42 6.80 - - 05/18/2004 30.00- 24.04.1166.3 DONALDSON, NEAL 77.18 41.02 36.16 - 03/17/2004 88.00- 30.74.1062.1 DOTY, PAULINE & RON 85.39 70.43 14.96 - 04/27/2004 50.00- 35.65.0392.2 DUNN, PHILLIP 55.80 30.68 25.12 - 03/16/2004 28.88- 24.04.1958.1 DUPLEX, HARRY 166.12 108.40 57.72 - 03/25/2004 50.20- 36.68.0102.2 DURHAM, KYLE 65.08 49.54 15.54 - 02/23/2004 75.00- 30.74.1108.1 EDDY, DENNIS 59.44 31.11 28.33 - 03/16/2004 64.18- 30.74.3678.2 EDWARDS, DEARL W 45.36 42.68 2.68 - 05/18/2004 40.00- 23.02.2734.1 EDWARDS, MICHAEL A 134.50 107.94 26.56 - 04/21/2004 50.00- 22.50.3846.3 EILERS, NICHOLAS 59.82 52.30 7.52 - - 22.50.2226.2 EITCHES, ROBERT 73.82 56.22 17.60 - 05/04/2004 43.92- 37.72.0101.1 ELK RUN HOMEOWNERS ASSO 26.02 - - - 26.02 02/17/2004 46.06- 22.50.1240.4 ERHART, MILT 7.88 - - - 7.88 - 23.02.0320.1 ESTEP, NINA 43.38 43.14 .24 - - 04/12/2004 50.00- 20.47.0018.1 EVANS, JAMES 64.48 36.84 27.64 - 03/24/2004 27.64- 22.51.3034.1 EXTERIOR BUILDING SUPPLY 726.15 719.19 6.96 - - 04/21/2004 582.79- 37.37.2970.2 FABBI, FRANK & WENDY 111.68 57.72 53.96 - 04/12/2004 53.96- 36.36.0206.2 FIELDS, ROBERT & DEANNA 75.74 46.86 28.88 - 03/25/2004 32.64- 30.74.2568.2 FINLEY, JEFFREY 38.96 21.36 17.60 - 03/15/2004 17.60- 22.61.3990.1 FISHER, DANNY W 40.54 38.08 2.46 - 03/24/2004 58.00- 23.01.1164.4 FLATEN, ROBERT 111.78 111.46 .32 - 05/03/2004 105.00- 22.51.3206.4 FLATEN, ROBERT 100.46 64.06 36.40 - 03/12/2004 97.16- 35.35.5006.2 FLOTH, ROBERT 40.24 38.92 1.32 - - 05/13/2004 36.00- 35.66.0712.1 FORBUS, DON 90.78 50.62 40.16 - 03/26/2004 47.68- 30.30.6072.2 FOURNIER, TIM 60.70 31.82 28.88 - 04/21/2004 25.12- 24.03.0334.1 FRANK, CHARLOTTE 64.34 39.22 25.12 - 03/31/2004 25.12- 29.57.0130.1 FRANKLIN INVESTMENT CO 635.66 631.01 4.65 - 05/12/2004 356.61 - 36.68.0142.1 FRAZEE, ANGIE 86.86 42.94 43.92 - - 04/08/2004 39.76- 23.01.1200.2 FRED SCHIMPH 138.02 80.90 57.12 - 04/16/2004 60.00- 22.50.3754.1 FRENCH, LAWRENCE 215.72 136.40 74.00 5.32 05/04/2004 30.00- 32.32.4406.2 FRESHWATER, MICHELLE 73.60 25.84 23.88 23.88 02/24/2004 47.76- 25.05.0242.2 FULLER, MITCH 110.80 107.04 3.76 - 03/25/2004 50.20- 37.37.2972.1 G.Q. CONSTRUCTION 28.60 21.36 7.24 - 04/12/2004 4.46- 30.30.6254.2 GALVAN, PABLINO & MARIBEL 61.36 40.00 21.36 - - 22.50.1996.2 GARCIA, CHRISSY 63.85 47.56 16.29 - 05/04/2004 20.00- 30.30.6334.1 GARY DAWSON HOMES 21.08 17.60 3.48 - 03/16/2004 3.48- 24.04.1430.2 GAYMON, GREG & ALISON 218.52 149.52 69.00 - 04/21/2004 72.76- 25.05.0772.2 GEARHEARD, WADE 70.68 68.66 2.02 - 04/12/2004 48.18- 30.74.3078.2 GENTSCH, NOREEN 100.10 48.66 51.44 - 03/17/2004 78.00- 23.02.2578.2 GINGRICK, KENT 94.06 58.90 35.16 - 04/08/2004 35.16- 24.03.0844.1 GODFREY, SHELLI 88.40 59.88 28.52 - 04/21/2004 40.00- 22.50.2082.2 GORDON, MIKE & MARCIA 84.94 44.78 40.16 - 04/15/2004 40.16- 23.01.2090.1 GOSSEN, KELLI 59.60 34.48 25.12 - 04/19/2004 54.00- 37.37.3366.1 GQ CONSTRUCTION 33.06 21.36 7.24 4.46 - 22.50.3908.1 GRAHAM, JOHN & KATHLEEN 71.62 66.18 5.44 - 04/21/2004 60.00- 24.04,1206.1 GREEN, KEVIN 80.50 45.34 35.16 03/15/2004 70.70- 24.04.1872.1 GRIGG, FORD & RENEE 179.72 177.00 2.72 - 04/27/2004 55.00- 24.04.2276.2 GROAT, DARLA 200.35 58.74 42.68 38.92 60.01 04/16/2004 102.68- 23.02.4290.1 GROSSO, SHADOW 77.04 30.56 21.36 25.12 - 03/16/2004 46.48- 46.46.7008.1 GUARANTEED QUALITY HOME 7.94 4.46 3.48 - - 24.04.1620.7 GUYMON, GREG & ALISON 137.69 73.20 32.64 31.85 03/24/2004 90.00- 36.68.0268.2 HALE, LAWRENCE 88.60 47.16 41.44 - 04/20/2004 5.20- 45.20- "" in Msg column indicates no Notice is to be sent As Am CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers May 18, 2004 03:06pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 23.02.5150.2 *** HAMMACK, CHRIS & LAURA 70.76 66.02 4.74 05/13/2004 35.42- 24.04.1790.3 HAMMER, MARCIE 103.44 74.52 28.92 - 05/05/2004 10.00- 20.46.0434.2 HAMMONS, CURTIS & CARLA 109.90 48.38 32.64 28.88 - - 30.74.3240.2 HANSEN, TABATHA 69.34 37.94 31.40 - - 03/18/2004 53.96- 23.02.5900.1 HARVEY, LISA M. 81.50 77.14 4.36 04/21/2004 55.00- 20.47.1096.2 HAYES, DON & SUZANNE 68.92 40.04 28.88 04/06/2004 28.88- 36.69.0134.1 HEITZ, JAY 319.14 156.14 163.00 03/17/2004 136.68- 36.36.1026.2 HELDT, INEZ & CHRISTINE 1 35.20 17.60 17.60 - 03/22/2004 17.60- 24.04.0810.3 HENBEST, MATHEW W 63.74 56.22 7.52 - 21.21.9118.3 HERMANSON, BRYAN & KARI 110.28 51.32 58.96 - - 36.69.0420.1 HESS, JOE 122.78 65.06 57.72 - - 03/29/2004 35.16- 24.03.0036.2 HESTER, CHRISTINE 116.76 77.84 38.92 - 04/21/2004 53.88- 24.03.0094.2 HESTER, CHRISTINE A 83.60 44.68 38.92 - - 04/21/2004 61.40- 22.51.0928.3 HICKEY, F.A. 504.63 158.60 62.64 32.64 250.75 04/19/2004 62.64- 22.50.0592.2 HIEB, JOHNN 49.96 28.60 21.36 - - 04/13/2004 25.12- 22.51.3580.1 HIGGINBOTHAM, RON 194.68 128.20 66.48 - 04/21/2004 40.16- 36.36.0200.1 HIGH DESERT CONSTRUCTION 33.06 25.12 3.48 4.46 - - 25.05.0722.2 HOLLEY, ANNA 157.54 109.86 47.68 - 04/21/2004 77.68- 23.02.2240.2 HOLLISTER, MATT 70.23 50.50 19.73 - 05/12/2004 9.15- 30.74.1014.3 HOLLOWAY, JERALD K 44.16 42.12 2.04 - 05/03/2004 40.00- 22.50.3840.1 HOLZHEIMER, AMY 81.78 47.72 34.06 - - 04/06/2004 32.64- 30.74.0344.2 HOOK, SHIRLEY 48.92 40.32 8.60 - - 04/19/2004 20.00- 31.52.0150.2 HOOPER, CARY 178.88 - 7.62 - 171.26 12/02/2003 30.00- 23.01.3342.1 HOOVER, LYND 114.84 73.45 41.39 - - 03/29/2004 26.35- 22.51.4218.1 HOOVER, LYND 92.26 50.81 41.45 - 03/29/2004 41.45- 22.51.0678.1 HOOVER, LYND 41.46 23.86 17.60 - - 03/29/2004 17.60- 22.50.0680.1 HOOVER, LYND M 100.30 56.38 43.92 - - 03/29/2004 36.40- 22.50.0678.1 HOOVER, LYND M 111.22 64.78 46.44 - 03/29/2004 35.16- 35.65.0596.2 HORSEY, WILLIAM 86.04 45.88 40.16 - 03/30/2004 43.92- 35.35.6032.1 HUBBLE HOMES 81.12 55.20 18.52 6.42 .98 - 22.51.0714.2 HUMPHREYS, JOHN 48.14 35.30 12.84 - - 04/16/2004 60.00 - 25.25.4024.2 HYMAS, AARON 67.24 34.60 32.64 - 03/17/2004 86.64- 23.02.5820.1 JACKSON, ROBERT 95.48 73.96 21.52 - - 04/22/2004 40.00- 22.50.4506.1 JACOBSON, BETTY B. 101.56 36.28 47.68 17.60 - 03/10/2004 38.96- 23.02.5110.2 JENKINS, MICHAEL 46.90 46.80 .10 - - 04/28/2004 27.54- 22.51.0302.7 JEPSON, MIKE & JAMIE 82.16 45.76 36.40 - - 03/12/2004 32.64- 20.46.0264.4 JOHANSEN FAMILY TRUST 82.48 61.12 21.36 - - 03/16/2004 20.00- 22.50.0326.1 JOHNSON, JEANNE & DALLAS 102.68 70.04 32.64 - - 04/21/2004 32.64- 30.74.3642.2 JOHNSON, KEVIN 58.80 52.16 6.64 - - 04/19/2004 90.00- 22.51.4290.1 JONES, BRET 151.71 142.29 9.42 - - 04/06/2004 208.36- 30.74.2828.2 JONES, CHRISTIAN 78.06 50.42 27.64 - - 02/26/2004 31.40- 22.51.3088.6 JONES, DAVID 75.50 11.64 15.22 22.74 25.90 01/27/2004 26.50- 30.74.3694.2 JONES, DELBERT & SYLVIA 76.56 40.16 36.40 - - 04/02/2004 35.42- 37.37.3994.2 JONES, JASON & TAMARA 87.16 44.48 42.68 03/17/2004 89.12- 35.35.5029.2 JONES, TRUDY A. 113.34 58.14 55.20 - - 04/19/2004 81.44- 22.50.2418.2 JONES, WES & CINDY 175.99 56.56 78.96 40.47 04/23/2004 15.00- 24.04.0530.3 KALEY, JERRY 147.64 83.64 64.00 - - 04/08/2004 56.48- 24.04.1254.2 KATES, JENNIFER 110.08 63.64 46.44 - 04/06/2004 35.16- 22.50.1586.2 KELSO, BONNIE 16.09 6.96 3.48 3.48 2.17 11/24/2003 121.54- 29.07.0882.1 KERBY, MICHAEL & K FUESS 216.78 113.94 102.84 - - 04/06/2004 87.80- 22.50.0594.2 KINDALL, ARRON & MISTIE 78.72 49.68 29.04 - 04/19/2004 40.00- 30.74.3168.1 KREFT, TIM & LISA 105.14 54.94 50.20 - - 03/29/2004 53.96- 20.46.0852.1 KRISHNEK, JOHN 92.94 33.90 31.40 27.64 - 03/11/2004 31.40- 22.50.4642.3 KUGEL, LISA 136.06 83.90 52.16 - - 05/11/2004 55.00- 22.51.3780.2 KUGEL, LISA 144.25 111.23 33.02 - 05/11/2004 5.00- 35.00- *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers May 18, 2004 03:06pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 22.50.0676.1 *** LACASA LAVILLA 879.88 493.54 386.34 05/04/2004 408.90- 22.50.1750.1 LACY, MEL 77.88 46.48 31.40 03/25/2004 35.16- 22.50.1782.1 LAFEVER, RONALD 114.79 111.79 3.00 04/16/2004 94.69- 20.46.0552.2 LAMB, DANIEL 73.66 52.30 21.36 - - 22.50.0512.2 LANDER, ANTHONY 159.54 36.58 30.16 60.16 32.64 02/23/2004 55.00- 35.35.0152.2 LANDES, ROGER & PAMELA 188.93 129.73 59.20 - - 03/30/2004 60.00- 35.35.0401.3 LAVARELLO, MIGUEL & BRANDI 78.82 39.90 38.92 04/21/2004 35.16- 35.65.0626.2 LAWTON, ANN 80.64 44.24 36.40 - 04/08/2004 32.64- 22.50.2428.1 LEONARD, DAMON 126.76 65.28 53.96 7.52 - 03/24/2004 50.20- 23.02.3530.2 LEWIS, BRADLEY & JACQUELIN 123.18 75.50 47.68 - 04/19/2004 43.92- 30.30.6052.2 LEWIS, JEFF 57.82 39.02 18.80 - 36.36.1012.1 LOGUE, MERTON & REBECCA 61.52 36.40 25.12 - 03/10/2004 72.80- 29.07.0890.1 LOREE, TODD 101.86 68.98 32.88 - - 04/14/2004 60.00- 36.69.0292.1 LOWMAN, TODD 109.06 58.86 50.20 - - 03/16/2004 42.68- 30.74.0670.9 LUTHI, SHAD 29.94 27.64 2.30 - 02/17/2004 73.10- 36.69.0434.2 LUTZ, STEVEN 95.82 49.38 46.44 - 04/20/2004 42.68- 22.50.0140.1 LYNN, DEE R. 68.45 67.82 .63 - - 05/18/2004 50.00- 30.74.3072.1 LYTLE, CHAD & STACEY 94.02 51.34 42.68 - - 04/19/2004 72.68- 22.50.2336.1 MAGNUSON, ERIC 89.16 50.24 38.92 - - 03/17/2004 77.84- 22.51.0858.1 MAHATHY, ANTHONY 35.96 29.74 6.22 - - 04/19/2004 21.36- 22,51.0862.2 MAHATHY, ANTHONY 84.94 48.54 36.40 - - 04/19/2004 43.92- 22.50.1676.4 MAHATHY, ANTHONY 90.48 43.22 31.40 15.86 - 04/19/2004 31.40- 35.35.1022.2 MANNLEIN, DAVID & CAROL 87.69 45.62 42.07 - - 04/06/2004 40.00- 22.50.2550.3 MANUS, AN ID GENERAL PARTP 248.66 59.51 54.07 54.63 80.45 02/17/2004 169.03- 30.74.2642.1 MANWARING, MARK 130.17 63.60 46.44 20.13 - 04/21/2004 30.00- 22.51.0486.1 MARCH, RICHARD 138.74 116.02 22.72 - 05/07/2004 40.00- 23.02,2300.3 MARINO, JERALD & LAURA ANN 120.14 67.10 52.64 .40 - 04/21/2004 90.00- 21.48.1990.2 MAR-KAR DESIGN & CONSTRU< 12.40 7.94 4.46 - 03/16/2004 7.94- 32.32.4074.2 MARKUSON, KURT 95.52 52.42 43.10 04/02/2004 36.40- 36.69.0156.3 MARQUIS, RON & SANDRA 54.54 51.60 2.94 04/21/2004 40.98- 25.25.0136.2 MARTIN, DAVID & SHERRIE 106.94 52.98 53.96 - - 04/12/2004 80.20- 35.35.1170.2 MARTINEZ, LUIS & VERONICA 75.62 43.66 31.96 - - 04/19/2004 45.00- 24.03.0306.5 MARTINEZ, MARIA 102.25 76.84 21.36 4.05 02/09/2004 60.00- 30.74.3628.3 MARTINEZ, RICHARD 85.52 46.60 38.92 - 03/25/2004 38.92- 35.64.0020.2 MARTINEZ, RON 42.86 41.30 1.56 04/08/2004 75.00- 24.04.1548.2 MARX, JANA & BRADLEY, JON 193.40 118.12 75.28 - - 04/21/2004 71.52- 22.50.1758.1 MARY OWEN 131.52 68.80 62.72 - - 04/16/2004 43.92- 23.02.2280.1 MASLEN, JENNY 86.90 46.74 40.16 - - 04/20/2004 26.13- 36.69.0506.1 MASON, CHAD 169.86 100.86 69.00 - 04/06/2004 61.48- 22.50.3704.2 MATA, FREDIE 88.06 79.10 8.96 - 04/27/2004 50.00- 22.50.3714.3 MATEESCU, ROXANA 80.80 69.52 11.28 - - - 37.37.3916.1 MATRIX HOMES 47.88 40.16 7.72 - - 04/15/2004 90.84- 22.50.3888.1 MAXEY,STEFFANIE 49.80 48.04 1.76 - 02/26/2004 62.64- 30.74.2476.2 MCANULTY, SUSAN 52.66 28.78 23.88 - - 03/22/2004 23.88- 36.69.2258.4 MCCANDLESS, DOUG 184.85 - - - 184.85 11/19/2003 40.00- 30.74.2826.2 MCCASHLAND, DAVID 87.62 47.58 40.04 - - 04/21/2004 45.00- 30.30.6110.2 MCCAULEY, BRIAN 74.60 41.96 32.64 - - 03/15/2004 32.64- 23.02.2586.1 MCCURRY, ARTHUR 55.22 38.17 17.05 - - 03/22/2004 17.05- 24.04.1798.2 MCKINLEY, JAMES A 79.18 51.54 27.64 - - 03/23/2004 53.88- 24.03.0504.4 MCKINLEY, JUNE 124.06 80.14 43.92 - - 04/01/2004 84.08- 23.02.4870.4 MCKINLEY, JUNE 168.13 109.88 58.25 - - 04/19/2004 65.00- 23.02.6270.5 MCKINLEY, JUNE 168.66 110.94 57.72 - - 04/22/2004 125.52- 30.74.1104.9 MCKINLEY, JUNE 1.01 - 1.01 - - 03/18/2004 93.63- 23.02.3892.1 MCNALLEY, RUSSELL 109.10 50.08 38.92 20.10 - 03/22/2004 60.00- 23.02.5590.1 MEDENA, RAYMOND 70.36 42.72 27.64 - - 04/20/2004 1.40- 31.40- *** in Msg column indicates no Notice is to be sent Mw CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers May 18, 2004 03:07pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 23.01.2730.1 *** MELLEN, ANGELA 168.16 106.00 62.16 04/21/2004 56.00- 23.02.0778.1 MERCER, JAMES 75.12 57.52 17.60 03/25/2004 28.88- 21.49.1244.1 MERIDIAN SCHOOL DISTRICT 422.56 269.24 153.32 04/27/2004 164.60- 21.49.0988.1 MERIDIAN SCHOOL DISTRICT 270.32 239.84 30.48 - 04/27/2004 30.48- 21.49.0982.1 MERIDIAN SCHOOL DISTRICT 305.76 162.79 142.97 04/27/2004 150.49- 21.49.0986.1 MERIDIAN SCHOOL DISTRICT 365.98 245.94 120.04 - 04/27/2004 123.80- 21.49.1018.1 MERIDIAN TRANSPORTATION 255.60 150.29 105.31 04/27/2004 116.59- 30.74.3790.1 MERRITHEW, ROBERT 74.30 39.90 34.40 - - 04/30/2004 30.00- 37.37.9998.1 MEYETT, WILLIAM H 35.92 14.26 12.30 9.36 - 01/23/2004 13.28- 22.50.4032.3 MICHAILOFF, ERNEST 70.88 45.76 25.12 - - 03/03/2004 36.40- 24.03.0102.1 MILLER, KENT & JENNIFER 64.62 49.26 15.36 - 04/19/2004 70.00- 20.46.0406.1 MILLS, TIMOTHY 49.04 47.56 1.48 - 04/27/2004 60.00- 30.74.2832.1 MOONEY, KEVIN 40.58 34.18 6.40 - - 03/29/2004 31.40- 24.04.1634.1 MOORE, RUSSELL C 103.26 72.86 21.36 9.04 - 04/21/2004 60.00- 24.04.2226.1 MOOREHOUSE, SEAN & DENISE 138.38 86.94 51.44 - - 03/12/2004 155.91- 24.03.0889.1 MORNING GLORY #2 HOA 10.44 - - - 10.44 - 34.34.5034.1 MOXIE JAVA 150.45 108.97 15.07 11.31 15.10 - 21.21.9026.2 NAZARI, ALLREXA 97.14 58.18 21.36 17.60 - - 20.46.0570.3 NEIL, STEVE 98.49 14.25 20.12 20.12 44.00 01/23/2004 59.86- 23.02.1990.1 NEWBERRY, RICHARD 93.76 57.36 36.40 - - 04/07/2004 36.40- 22.50.0034.1 NEWMAN, TIM 58.78 37.42 21.36 - 04/14/2004 55.12- 22.50.1228.1 NGUYEN, HUONG 518.60 322.78 195.82 - - 03/29/2004 411.25- 25.25.4310.2 NICHOLS, MICHAEL 83.40 40.72 42.68 - - 04/02/2004 42.68- 30.74.0664.1 NIELSON, STEVE 77.78 53.62 24.16 - - 04/21/2004 20.00- 30.74.1475.1 OLMSTEAD, GERALD 23.62 17.20 6.42 - - 03/22/2004 3.48- 23.01.1210.2 O'NEAL, GEORGE & JANET 46.60 43.96 2.64 - - 05/03/2004 58.88- 35.64.0022.4 OSTLER, FRED & VICKI 127.18 63.18 64.00 - - 03/23/2004 56.48- 22.51.3430.2 OVERTON, DAVID 246.31 - - - 246.31 09/23/2003 102.28- 23.01.3320.1 PACK, RAY 53.55 46.03 7.52 - - 04/06/2004 75.46- 22.50.1770.2 PALMER, ELDON 162.79 62.41 55.83 44.55 03/10/2004 77.82- 25.05.0428.1 PALOMO, ALEX 45.06 39.90 5.16 - - 04/27/2004 30.00- 36.69.0300.1 PARK, JON & TESSIA 98.34 52.16 46.18 04/19/2004 50.46- 30.74.3394.2 PARKER, RUSS 41.30 41.14 .16 - 04/28/2004 40.00- 23.02.6710.2 PARR, RYAN 63.20 34.32 28.88 - 03/10/2004 86.64- 20.46.0206.2 PATTERSON, RANCE & JULIE AI 48.28 44.52 3.76 - - 04/02/2004 31.40- 22.51.0318.3 PAULIN, BEN 51.72 32.52 19.20 - 04/22/2004 20.00- 23.02.0120.1 PEABODY, ELLA 91.36 51.75 39.61 - 03/30/2004 39.61- 35.35.0172.3 PERRY, DANIEL & LORI 67.78 52.74 15.04 - - 23.02.0960.1 PETERSON, JOHN 83.46 50.82 32.64 - 03/30/2004 28.88- 36.69.0478.1 PHAKDY, SAM 118.60 72.16 46.44 - - 04/06/2004 46.44- 36.36.1020.1 PIERCE, ROBERT 54.00 28.88 25.12 - 02/17/2004 28.88- 22.51.4010.4 PIONEER FINANCE, LLC 81.46 42.50 17.60 21.36 - 24.04.1412.1 PLUMLEY, RODNEY & M. NAOM 74.52 63.80 10.72 - 05/17/2004 50.00- 30.74.3012.1 POFELSKI, MARK & ABBY 78.68 42.28 36.40 04/13/2004 32.64- 24.03.0116.1 PORTER, TAD 100.60 57.92 42.68 03/22/2004 22.36- 20.46.0824.2 POTTER, GWENDOLYN 69.30 66.74 2.56 04/30/2004 41.36- 35.35.0398.2 POWERS, PAXTON 48.68 47.68 1.00 04/27/2004 42.92- 23.02.0418.2 PRICE, DOUGLAS 107.72 82.36 25.36 04/21/2004 70.00- 22.51.3102.2 PRICE, REBECCA 84.92 47.14 37.78 - 04/19/2004 37.78- 23.01.0100.2 PYLICAN, WOODROW A. 131.29 - - 131.29 02/18/2003 45.26- 30.74.0902.2 RACKHAM, LARRY 46.66 23.33 23.33 - 04/28/2004 76.66- 30.30.6040.2 RAE, JASON 57.10 31.98 25.12 - 03/16/2004 46.28- 30.74.3562.4 RANDOM, DUANE & MICHELLE 82.74 43.82 38.92 - 04/12/2004 35.16- 22.50.3752.3 RASMUSSEN, JACOB 63.54 58.34 5.20 - 04/16/2004 90.00- 22.50.4594.2 RCG INC 83.28 44.36 38.92 - 03/23/2004 5.16- 65.16- *** in Msg column indicates no Notice is to be sent i I& CITY OF MERIDIAN Mw Delinquent Account List- council Page: 7 Standard Payment Customers May 18, 2004 03:07pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 30.74.0412.4 *** REED, ANGELA 60.54 31.66 28.88 03/15/2004 57.76- 30.74.0392.2 REES, ARTHUR 52.36 35.58 16.78 - 04/27/2004 32.64- 22.51.3154.5 RICKORDS, SHANNON C/O 104.70 58.26 46.44 03/24/2004 57.72- 25.05.0454.2 RILEY, R SHANE 45.12 44.80 .32 - 02/23/2004 74.08- 22.50.0256.2 ROBBINS, ELLEN 123.88 67.16 40.16 16.56 03/08/2004 60.00- 22.50.0258.4 ROBBINS, ELLEN 88.48 38.08 28.88 21.52 03/08/2004 40.00- 22.51.3300.1 ROBERTS, DAVID 102.51 41.18 61.33 - - 03/29/2004 40.28- 31.52.0266.2 ROUND TABLE PIZZA 408.60 187.54 221.06 - 03/24/2004 236.10- 23.02.0896.2 ROWELL, DAN 137.56 82.36 55.20 - 03/16/2004 102.88- 22.51.1318.1 R -TEC CORPORATION 151.94 76.81 75.13 - 04/15/2004 71.37- 20.47.0074.2 RUMSEY, PHILIP & JENNIFER 111.26 56.06 55.20 - 04/21/2004 73.92- 37.72.0250.2 SAPIENS, ALEXANDER & LISET' 87.84 43.92 43.92 - 03/16/2004 40.16- 30.74.3244.2 SARGENT, RICHARD & TERESA 101.38 51.18 50.20 - 03/17/2004 42.68- 35.35.0024.2 SASSER, AARON 75.88 36.96 38.92 - 03/24/2004 31.40- 24.04.0548.2 SAUER, DAVID 122.26 87.10 35.16 - 04/21/2004 65.16- 30.74.2890.3 SCHAFFER, ROBERT 101.54 58.86 42.68 - 03/18/2004 107.92- 35.65.0872.4 SCHILD, LES 31.02 13.28 9.36 8.38 03/16/2004 9.36- 30.74.0382.2 SCHILDHAUER, YOLANDE 89.60 50.68 38.92 - - 04/29/2004 31.40- 22.51.3720.2 SCHOW, BART & ALISSA 101.60 65.20 36.40 - 04/08/2004 46.20- 35.35.1416.2 SEABOLT, JAMES 59.72 30.84 28.88 - - 04/19/2004 32.64- 23.01.2040.1 SEAMONS, DOUGLAS 63.82 44.78 19.04 - 04/16/2004 50.00- 22.50.3694.3 SHELTRON, ROGER 97.88 46.48 51.40 - 04/23/2004 27.64- 22.50.1910.4 SHELTRON, ROGER 112.46 52.30 60.16 - 04/21/2004 43.92- 22.50.0292.1 SHOEMAKER, TAMI 199.62 52.30 40.16 43.92 63.24 04/06/2004 78.00- 23.01.2760.1 SIEGEL, ROSALIE 78.06 30.30 23.88 20.12 3.76 04/06/2004 20.12- 24.04.1608.1 SIMPSON, GAIL 114.50 78.10 36.40 - - 03/26/2004 32.64- 30.74.2506.3 SIMPSON, KENNETH & AMY 228.08 54.84 173.24 - - 37.37.3400.2 SISNEROS, LARRY 92.88 46.44 46.44 - 03/17/2004 110.76- 22.51.4034.1 SKINNER, KEN 45.22 23.86 21.36 - 03/17/2004 17.60- 23.01.1020.1 SLAY, LAWRANCE 112.34 52.46 32.64 27.24 03/10/2004 48.50- 22.51.3660.1 SLAY, LAWRANCE 365.59 55.58 79.44 86.03 144.54 03/10/2004 52.26- 23.02.3962.4 SLENDER, LEONARD & BOSWEI 92.34 50.82 36.40 5.12 - 03/22/2004 20.00- 30.74.1086.3 SLYTER, GORDON 102.94 59.02 43.92 - - 04/27/2004 42.68- 30.74.1114.2 SLYTER, GORDON 116.18 68.50 47.68 - - 04/02/2004 47.68- 30.74.1050.1 SMITH, CARSON 63.48 34.60 28.88 - - 04/08/2004 32.64- 35.35.1210.3 SMITH, GREGORY J 46.70 42.94 3.76 - - 23.02.6120.1 SMITH, HARLEY F. 79.26 47.17 32.09 - 03/15/2004 32.09- 30.74.2824.1 SMITH, JEROMY 64.29 37.12 27.17 - 03/18/2004 35.00- 22.50.0012.1 SMITH, PAUL H. 60.39 59.32 1.07 - 05/10/2004 35.00- 22.50.0150.2 SMITH, RON 63.86 34.98 28.88 - - 03/16/2004 32.64- 29.07.0914.1 SOLANO, MOBBYLYN 54.30 26.66 27.64 - - 03/08/2004 55.28- 22.51.3090.3 SOLTAU, CYRIL 81.98 44.20 37.78 - 04/21/2004 71.54- 21.49.1149.1 SPK - IDAHO HEATING & AIR 48.66 45.18 3.48 - - - 30.74.2428.5 SPRONG, RICHARD .50 - - - .50 02/23/2004 157.22- 23.02.1900.1 STUCKER, LEE R 69.90 41.02 28.88 - - 02/23/2004 32.64- 23.01.1410.1 SUMMERS, HEATHER 239.64 123.10 116.54 - - 03/08/2004 278.20- 22.51.0906.1 TAGGART, RETA 105.88 54.44 51.44 - - 04/28/2004 58.96- 32.32.4810.2 TALBOTT, ROMA 30.30 29.04 1.26 - - 12/16/2003 127.28- 23.02.2390.4 TAYLOR, ANGELA 51.66 50.82 .84 - - 03/25/2004 35.00- 20.47.0052.4 TENNANT, ROBERT & CONNIE 155.00 67.00 47.68 40.32 - 05/17/2004 40.00- 23.02.4540.4 THOMPSEN, CRAIG & ROBERTA 73.82 56.22 17.60 - - - 22.51.0338.3 THOMPSON, KEN 79.98 33.50 25.12 21.36 - 02/18/2004 47.60- 22.50.2110.2 THOMPSON, RHONDA 105.64 66.68 38.96 - - 03/02/2004 47.68- 30.74.3610.3 TJ INVESTMENTS 73.10 37.94 35.16 - 03/15/2004 35.16- 23.02.2200.3 TODD, RICK 70.72 38.08 32.64 - 04/19/2004 7.76- 57.76- *** in Msg column indicates no Notice is to be sent Is I& Mw CITY OF MERIDIAN Delinquent Account List- council Page: 8 Standard Payment Customers May 18, 2004 03:07pm Current Period: 05/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer. Cust No () _ {<) 880000001 Customer.Bill Cycle = 1 "' in Msg column indicates no Notice is to be sent Last Pmt Last Pmt Cust No Name Balance Non-Delinq 03/20/2004 02/20/2004 01/20/2004 Date Amount 36.69.0314.2 TOTMAN, JERRY 63.48 34.60 28.88 - 04/19/2004 25,12- 23.02.3842.1 TRAVIS, ROYAL 118.33 54.79 45.94 17.60 - 02/05/2004 17.60- 30.74.2386.2 TUPPER, PAXTON & APRIL 170.31 68.56 101.75 - 05/07/2004 50.21- 22.50.1376.1 U.S. POSTAL SERVICE 423.32 219.28 204.04 04/05/2004 374.32- 23.01.0860.3 VAN BRAGT, WILLY 56.66 35.30 21.36 - - 03/24/2004 65.28- 22.51.1144.2 VANCE, JIM & DERRIAN 67.64 11.03 7.55 7.55 41.51 - 32.32.4628.2 VAUGHAN, RONNIE & ROBIN 86.76 49.64 37.12 - - 02/11/2004 75.00- 22.50.0136.3 VICTORY, CHRIS 149.72 83.16 48.96 17.60 - 03/17/2004 34.65- 23.02.1480.5 VIEW POINT SERVICES-AFFINIT 447.02 257.03 189.99 - - 04/06/2004 246.39- 30.74.3788.2 VINCENNES INVESTMENTS LLC 133.38 84.38 49.00 - 04/21/2004 45.32- 23.02.1430.4 WADDOUPS, DOROTHY 55.84 34.48 21.36 - 04/19/2004 62.58- 35.35.5017.2 WAGEMAN, CLINT 94.94 87.16 7.78 - 04/21/2004 90.00- 23.01.2310.2 WALKER, BETTE 118.26 101.71 16.55 - 05/14/2004 50.00- 23.01.3340.1 WALSH, RON 136.52 - - 136.52 01/16/2002 29.17- 22.50.1016.1 WATSON, CURTIS & VIVIAN 134.18 122.90 11.28 - - 04/21/2004 92.80- 24.03.0302.2 WATTS, MELVIN & SONDEE 99.58 72.62 26.96 - - 04/19/2004 50.00- 23.02.6080.1 WEBB, GERALD 83.92 52.52 31.40 - - 03/15/2004 59.04- 23.02.3390.1 WELKER, IDA 103.78 60.41 43.37 - - 04/12/2004 39.61- 23.01.1010.5 WEST, JONI & BERT 175.02 67.18 107.84 - - 04/16/2004 43.92- 35.35.0087.2 WHEELER, JOSHUA & HEIDI 123.56 80.52 42.68 .36 - 04/21/2004 60.00- 22.50.1472.1 WHITE WATER SALOON 283.40 154.63 128.77 - - 03/26/2004 117.49- 30.74.3204.1 WHITE, TAWNYA 50.54 26.66 23.88 - - 03/15/2004 59.04- 30.74.3708.3 WILBURN, STEVEN 61.98 41.86 20.12 - - 04/21/2004 68.92- 36.68.0042.3 WILLIAMS, SCOTT & ANDREA 79.34 39.18 40.16 - - 04/01/2004 40.16- 22.50.4036.2 WILLIAMS, SHELLIE 91.50 79.32 12.18 - - 03/09/2004 145.86- 35.35.0296.2 WILLIAMS, STACY 76.22 43.58 32.64 - - 03/15/2004 25.12- 22.50.0208.1 WILSON, MITCHELL D 55.90 48.38 7.52 - - 04/16/2004 137.04- 36.69.0790.1 WILSON, NATHAN & LINDA 85.22 47.02 38.20 - - 02/25/2004 36.40- 20.47.1204.2 WIXSON, RYAN 96.68 54.00 42.68 - - 04/16/2004 44.12- 30.74.1028.8 WOOD, MARK 84.38 41.70 42.68 - - 03/16/2004 61.48- 22.50.3892.1 WOOD, MICHAEL 97.58 41.18 56.40 - - 03/23/2004 25.12- 24.03.0386.1 WRIGHT, LINDA 68.24 36.84 31.40 - - 03/12/2004 55.28- 35.35.1018.2 WRIGHT, RANDALL & KIRSTEN 11.44 - 11.44 - - 03/30/2004 64.08- 30.74.0372.3 YELTON, LAURA 110.02 52.26 32.64 25.12 - 03/09/2004 58.96- 36.68.0158.1 YOKOM, TOM 90.98 45.62 45.36 - - 04/20/2004 40.00- 23.02.0650.2 YOUNG, AUSTIN L 35.48 35.28 .20 - - 05/14/2004 25.06- 22.50.3784.1 ZAVALA, JOSE 114.30 52.62 32.64 29.04 - 03/12/2004 40.00- 0.00-Grand GrandTotals: 44,199.62 26,260.80 14,347.88 1,369.38 2,221.56 Report Criteria: Terminated customers not included Customer. Cust No () _ {<) 880000001 Customer.Bill Cycle = 1 "' in Msg column indicates no Notice is to be sent