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HomeMy WebLinkAbout2004-09-07Revise~e tember 7, 2004 P CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 7, 2004 at 7:00 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. Pledge of Allegiance: By Bill Nary 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of July 27, 2004 Pre-Council Meeting: Approve 7-B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 015 Request for Annexation and Zoning of 1+/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: Approve as Amended 7-C. Findings of Fact and Conclusions of Law for Approval: PP 04- 020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: Approve as Amended 7-D. Findings of Fact and Conclusions of Law for Approval: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: Approve as Amended Meridian City Council Agenda -September 7, 2004 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or hearing please co~rtact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revise~eptember 7, 2004 E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage, Facility by Lyons Development, LLC -southwest corner of Stoddard Road and West Overland Road: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storage Facili by Lyons Development, LLC -southwest corner of Stoddard Road and West Overland Road: Approve 7-G. Findings of Fact and Conclusions of Law for Approval: AZ 04- 014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivis~by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: Approve as Amended 7-H. Findings of Fact and Conclusions of Law for Approval: PP 04- 019 Request for Preliminary Plat approval of 136 single-family residential building lots and 13 Gammon lots on 30 acres in a proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: Approve as Amended 7-I. Findings of Fact and Conclusions of Law for Approval: CUP 04- 021 Request for a Conditional Use Permit for a Planned Development for a residential subdivision for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick and east of North Linder Road: Approve as Amended J. Findings of Fact and Conclusions of Law for Approval: PP 04- 018 Request for Preliminary Plat approval for a re-subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family residential building lots and 3 common lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Big View Builders -east of North Linder Road on south side of East Pine Avenue: Approve K. Findings of Fact and Conclusions of Law for Approval: CUP 04- 018 Request for Conditional Use Permit for a Planned Development for a reduction to 10-feet for the rear setback, minimum 5-foot side setback, minimum 20-foot front setback and no minimum frontage requirement for lots within the proposed development for Roundtree Subdivision by Big View Builders -east of North Linder Road on south side of East Pine Avenue: Approve Meridian City Council Agenda -September 7, 2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documexrts and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revise~eptember 7, 2004 L. Development Agreement: 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: Approve M. Approve Bills: Approve 6. Department Reports: 7. (Items Moved from Consent Agenda) B,C,D,G,H,I 8. FP 04-053 Request for Final Plat approval for 5 commercial building lots on 3 acres in an L-O and C-G zones for Southern Springs Subdivision No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: Approve 9. TE 04-005 Request for a one year Time Extension for filing the Final Plat for Southern Springs Subdivision No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: Approve to 9- 15-05 10. FP 04-054 Request for Final Plat approval for 123 building lots and 14 common lots on 49.47 acres in an R-4 zone for Lochsa Falls Subdivision No. 12 by Lochsa Falls, LLC -west of North Linder Road and west of Chinden Boulevard: Approve 11. AP 04-002 Appealing the decision of the Planning and Zoning Commission denying the Preliminary Plat for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Approve Appeal not Preliminary Plat 12. Public Hearing: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for amixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Continue Public Hearing to September 21, 2004 13. Public Hearing: MI 04-007 Miscellaneous request for an administrative lot split of unplatted ground for Ronald Van Auker by Ronald Van Auker - northeast corner of Franklin Road and Gaudians Avenue: Approve 14. Public Hearing: AZ 04-017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Meridian City Council Agenda -September 7, 2004 Page 3 of S All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revise~e tember 7, 2004 P Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial 15. Public Hearing: PP 04-024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial 16. Public Hearing: CUP 04-026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial 17. Public Hearing: CPA 04-002 Request for Text Amendment to allow applicants to request an L-0 zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with a PublicJQuasi Public designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: RZ 04-009 Request for a Rezone of 16.49 acres from R- 4 to R-4, R-8 and L-~ zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: PP 04-023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Prepare Findings of Fact and Conclusions of Law for Approval 21. Water, Sewer, 8< Trash Delinquencies: Approve Meridian City Council Agenda -September 7, 2004 Page 4 of 5 All materials prese~rted at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and(or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revise~eptember 7, 2004 22. Ordinance No. 04-1098 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: Approve 23. Ordinance No. 04-1099 Amendment to 2003 / 2004 Fiscal Year Budget: Approve 24. Ordinance No. 04-1100 2004 / 2005 Fiscal Year Budget: Approve Meridian City Council Agenda -September 7, 2004 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Revised September 7, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 7, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle ~ Bill Nary ~,_ Charlie Rountree _ C~ Keith Bird ~_ Mayor Tammy de Weerd 2. Pledge of Allegiance: b~ 13-r`Il ~ic~, 3. Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: 4. Adoption of the Agenda: ~p~v~ aJ ~r+~.~d~uL 5. Consent Agenda: A. Approve Minutes of July 27, 2004 Pre-Council Meeting: aoi~''~~- f- B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 015 Request for Annexation and Zoning of 1 +/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: G~ovte ar q,n..~..deaL 7 - C. Findings of Fact and Conclusions of Law for Approval: PP 04- 020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1 +/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: ~~.,,,~~ ad q,rnL,zvCc~l.. ?~ D. Findings of Fact and Conclusions of Law for Approval: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: ap~o~'cvc ar a~-..c~-~Gc~ Meridian City Council Agenda -September 7, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised September 7, 2004 E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facility by Lyons Development, LLC -southwest corner of Stoddard Road and West Overland Road: GZ~p~ro v~c. F. Findings of Fact and Conclusions of Law for Approval: CUP 04-017 Request for a Conditional Use Permit for a Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storage Facility by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: a~J~Oro re, 'j~ G. Findings of Fact and Conclusions of Law for Approval: AZ 04- 014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: Q~~Orbv~ Qd cc~r,Gn.6Gtd/ ? - H. Findings of Fact and Conclusions of Law for Approval: PP 04- 019 Request for Preliminary Plat approval of 136 single-family residential building lots and 13 common lots on 30 acres in a proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: ~~~noKc a,r arr,Gn,c(.~.C. ? ~ I. Findings of Fact and Conclusions of Law .for Approval: CUP 04- 021 Request for a Conditional Use Permit for a Planned Development for a residential subdivision for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick and east of North Linder Road: af~`lr~r~ Qf ~~L J. Findings of Fact and Conclusions of Law for Approval: PP 04- 018 Request for Preliminary Plat approval for a re-subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family residential building lots and 3 common lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Big View Builders -east of North Linder Road on south side of East Pine Avenue: c~~v~vr•vtic, K. Findings of Fact and Conclusions of Law for Approval: CUP 04- 018 Request for Conditional Use Permit for a Planned Development for a reduction to 10-feet for the rear setback, minimum 5-foot side setback, minimum 20-foot front setback and no minimum frontage requirement for lots within the proposed development for Roundtree Subdivision by Big View Builders -east of North Linder Road on south side of East Pine Avenue: q~o-~,,orc„ Meridian City Council Agenda -September 7, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised September 7, 2004 L. Development Agreement: 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: appro r.~c, M. Approve Bills: app,~ov-c- 6. Department Reports: l~.tvht. 7. (Items Moved from Consent Agenda) ~, ~, ~~ d-~ f!, I 8. FP 04-053 Request for Final Plat approval for 5 commercial building lots on 3 acres in an L-O and C-G zones for Southern Springs Subdivision No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: ~p~rov~r_ 9. TE 04-005 Request for a one year Time Extension for filing the Final Plat for Southern Sarinas Subdivision No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: ~~oQvrorc.. 9-~Sra~ 10. FP 04-054 Request for Final Plat approval for 123 building lots and 14 common lots on 49.47 acres in an R-4 zone for Lochsa Falls Subdivision No. 12 by Lochsa Falls, LLC -west of North Linder Road and west of Chinden Boulevard: ~r~vvu.. 11. AP 04-002 Appealing the decision of the Planning and Zoning Commission denying the Preliminary Plat for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: a~~hc ~~a~aca,C ~~j~r~~ol~t- 12. Public Hearing: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for amixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: l~,fihk~ ~v/h, fb ~I-2/-o¢ 13. Public Hearing: MI 04-007 Miscellaneous request for an administrative lot split of unplatted ground for Ronald Van Auker by Ronald Van Auker - northeast corner of Franklin Road and Gaudians Avenue: 14. Public Hearing: AZ 04-017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: 15. Public Hearing: PP 04-024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N Meridian City Council Agenda -September 7, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised eptember 7, 2004 and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC -5603 N. Locust Grove Road: 16. Public Hearing: CUP 04-026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: ~vr~cp~ ,G/~ t c ~-l ow d-Lw~~ 17. Public Hearing: CPA 04-002 Request for Text Amendment to allow applicants to request an L-O zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with a PubliGQuasi Public designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: 18. Public Hearing: RZ 04-009 Request for a Rezone of 16.49 acres from R- 4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~~ ~r~~Qn.C y~/ ~ 1~ G ~~ ~0-r 19. Public Hearin : PP 04-023 Request fora reliminary Plat approval for 56 9 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~~~a,,,e ,C/~ / c/~ ,Cs,~ ~r~v•~-Z 20. Public Hearing: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 a~ 2240 South Meridian Road: 21. Water, Sewer, ~ Trash Delinquencies: 22. Ordinance No. ~~- l ~ ~S 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: ~~ro~~ 23. Ordinance No. ~ ~ . l ~ ~ ~ Amendment to 2003 / 2004 Fiscal Year Budget: ~~rv orv 24. Ordinance No. ~~ _ ~~ ~ ~ 2004 / 2005 Fiscal Year Budget: ~~~ He,. Meridian City Council Agenda -September 7, 2004 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Arryone desiring accommodation for disabilities related to documents and/or bearing please corrtact the City Clerk's OlTce at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Regular Meeting September 7, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 7, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Bill Nary, Charlie Rountree, and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I wilt go ahead and open the City Council meeting to order. It is Tuesday, September 7th. Thank you all for joining us here this evening. Mr. Clerk, will you, please, start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. If you will, please, rise and join Councilman Nary in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Alex Chamberlain, with St. Luke's Chaplain: De Weerd: Item No. 3 is our community invocation. Please join us or take this moment of silence or mediation -mediation. I did it again. I'm going to - Bird: Meditation. De Weerd: -- omit that from my thing. Okay? Meditation. Yes, please. Chamberlain: Let us pray. Lord, we are aware that many of us have already put in a full day at work, at home, and we pray for your spirit to quicken in our hearts and minds attentiveness to the matters that face this community. We pray for the City Council, knowing that at times they will feel like this work is a burden. Help them to see it as a privilege. When we are aware of short-term needs, help us to keep the larger picture and longer-term future in mind. When there are conflicts tonight and people are tempted to react, help us to respond. We pray that all would leave this meeting not only Meridian City Council • • September 7, 2004 Page 2 of 73 with a sigh of relief, but with a satisfying sense of being heard and of making their own contribution to the future of this community. We pray this in the name of the Lord, the one who loves us best, Amen. De Weerd: Thank you, chaplain. If you will give me a moment -- Alex? I would like to present you with a pin and this is one of our new City of Meridian pins and thank you for joining us. Chamberlain: You're welcome. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Council, we do have a couple of items on the Consent Agenda, B, C, and D that has some comments to be added to. Also G, H, and I. And if you would all approve, if we could move Item 17 below Item 20. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Okay. We will take care of the Consent now. That Consent, did they want to be brought off the Consent Agenda to the regular agenda? De Weerd: Yes. Bird: All six of them? De Weerd: Uh-huh. Bird: Okay. I would move that we adopt the revised agenda as noted. Rountree: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. All those in -- Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: On Item 17, it doesn't have a relationship to Item 20? Eighteen, nineteen, twenty? It's completely separate? I think that was the reason we had left it there at one point. De Weerd: It's completely separate. Meridian City Council • • September 7, 2004 Page 3 of 73 Nary: Okay. Thank you. De Weerd: Okay. Any further discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 27, 2004 Pre-Council Meeting: E. Findings of Fact and Conclusions of Law for Approval: AZ 04- 013 Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facilitv by Lyons Development, LLC -southwest corner of Stoddard Road and West Overland Road: F. Findings of Fact and Conclusions of Law for Approval: CUP 04-017 Request fora Conditional Use Permit fora Planned Development for a storage facility with a caretaker residence and future office/retail use in a proposed C-G zone for Stow-It Storage Facilitv by Lyons Development, LLC - southwest corner of Stoddard Road and West Overland Road: J. Findings of Fact and Conclusions of Law for Approval: PP 04- 018 Request for Preliminary Plat approval for a re-subdivision of Lot 2, Tramore Subdivision consisting of 16 multi-family residential building lots and 3 common lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision by Big View Builders -east of North Linder Road on south side of East Pine Avenue: K. Findings of Fact and Conclusions of Law for Approval: CUP 04-018 Request for Conditional Use Permit for a Planned Development fora reduction to 10-feet for the rear setback, minimum 5-foot side setback, minimum 20-foot front setback and no minimum frontage requirement for lots within the proposed development for Roundtree Subdivision by Big View Builders - east of North Linder Road on south side of East Pine Avenue: L. Development Agreement: 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: M. Approve Bills: Meridian City Council • • September 7, 2004 Page 4 of 73 De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, I move that we take items B, C, D; G, H, I, and move them to 7 B, C, D, and G, H, I, and for the rest of the Consent Agenda to be approved and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the changes. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: De Weerd: Motion approved. There are no department reports. Item 7: (Items Moved from Consent Agenda) B. Findings of Fact and Conclusions of Law for Approval: AZ 04- 015 Request for Annexation and Zoning of 1+/- acre from RUT to R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: C. Findings of Fact and Conclusions of Law for Approval: PP 04- 020 Request for Preliminary Plat approval of 7 residential building lots and 1 other lot on 1+/- acre in proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: D. Findings of Fact and Conclusions of Law for Approval: CUP 04-022 Request for Conditional Use Permit for a Planned Development for single-family residential and office in a proposed R-8 zone for proposed Secret Garden Subdivision by Pinnacle Engineers, Inc. - 2490 North Locust Grove: De Weerd: Item 7 we have moved from the Consent Agenda B, C, and D, regarding Secret Garden Subdivision. You have in front of you a memo detailing some suggested Meridian City Council ~ • September 7, 2004 Page 5 of 73 changes to that. Are there any questions for staff? Anna, are there any comments you need to make? Canning: Madam Mayor, Members of the Council, my understanding is that the memo from Brad outlined everything. De Weerd: Our attorney has suggested that if these changes are needed, they can revise the findings and they can be resubmitted for signature. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, you can approve the findings with these changes and, then, we will just simply revise the document, so that it does not have to appear on another agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would that be for all three of those items in one motion? De Weerd: Yes. Nichols: Yes, Councilman Rountree. This has to do with just Secret Garden and, then, there would be a similar motion with regard to Sienna Creek. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the findings for Item 7, B, C, and D, for Secret Garden Subdivision, with the inclusion of the comments dated September 7th, 2004. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 7 B, C, and D. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. G. Findings of Fact and Conclusions of Law for Approval: AZ 04- 014 Request for Annexation & Zoning of 30 acres from RUT to R-8 Meridian City Council ~ • September 7, 2004 Page 6 of 73 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: H. Findings of Fact and Conclusions of Law for Approval: PP 04- 019 Request for Preliminary Plat approval of 136 single-family residential building lots and 13 common lots on 30 acres in a proposed R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick Road and east of North Linder Road: I. Findings of Fact and Conclusions of Law for Approval: CUP 04-021 Request fora Conditional Use Permit fora Planned Development for a residential subdivision for proposed Sienna Creek Subdivision by Sagewood Development, Inc. -north of West Ustick and east of North Linder Road: De Weerd: Thank you. Item 7, G, H, and I, are regarding Sienna Creek findings. Bird: Charlie? De Weerd: Are there any further comments from staff on these? Council, do you have any questions? Bird: I have none, Mayor. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7 G, H, and I, for Sienna Creek Subdivision with the suggested change from staff, dated September 7th, 2004. Bird: Second. De Weerd: It's been moved and seconded to approve Item 7 G, H, and I, with the noted changes. Is there any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 8: FP 04-053 Request for Final Plat approval for 5 commercial building lots on 3 acres in an L-O and C-G zones for Southern Springs Subdivision Meridian City Council September 7, 2004 Page 7 of 73 No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: De Weerd: Thank you. Item 8 is FP 04-053. I will ask staff to comment. Canning: Madam Mayor, Members of the Council, this is the first final plat for Southern Springs and, therefore, it's entitled Southern Springs Subdivision No. 1, but the preliminary plat for this final plat was, actually, Southern Springs Subdivision No. 2. So, I just wanted to make that as unclear as possible. This is -- encompasses all of Southern Springs No. 2 and it is in substantial compliance with the approved preliminary plat. I do not have a letter from the applicant. De Weerd: Is the applicant in agreement with staffs recommendations? The applicant is nodding his approval. Council, do you have any questions for staff or the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8, FP 04-053, final plat for Southern Springs Subdivision. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 8. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: TE 04-005 Request for a one year Time Extension for filing the Final Plat for Southern Springs Subdivision No. 1 by The Land Group, Inc. -east of South Meridian Road and south of East Overland Road: De Weerd: Thank you. Item 9 is TE 04-005. Start with staff comments. Canning: Madam Mayor, Members of the Council, this is a time extension request for Southern Springs Subdivision No. 1 preliminary plat. So, this is not the piece you just moved on before, this is the one just to the west of it. This is the one that has the Meridian City Council September 7, 2004 Page 8 of 73 frontage along Meridian Road. The initial request for the time extension was due to the fact that they had not received ITD's letter regarding what kind of access they would have. They may have more to update you on if you desire to hear that update. My understanding is they have also acquired the property to the -- just south of that, which has frontage along Calderwood, as well as Meridian Road. So, that would open up some additional access opportunities to them there. So, for those reasons they have asked for a time extension. Staff is supportive of that time extension. De Weerd: Okay. Does the applicant have anything further to add? No? Council, do you have any questions for staff or the applicant? Bird: I have none. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I assume, Mrs. Canning, the county engineer is going to make the other one number one and so at some point this will clear up and this will be number two. Isn't that how that works? Canning: Right. The final plats actually have nothing whatsoever to do with the preliminary plat names. They can be completely different. He just wants to make sure that number one -- the first one that goes through is entitled number one, the second one that goes through needs to have number two on it, and so forth. That's all. Nary: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we give the one-year time extension to September 15th, 2005, for filing the final plat for Southern Springs Subdivision No. 1 by the Land Group. Rountree: Second. De Weerd: It's been moved and seconded to approve the request on Item No. 9 to September 15th, 2005. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. -Item 10: FP 04-054 Request for Final Plat approval for 123 building lots and 14 common lots on 49.47 acres in an R-4 zone for Lochsa Falls Meridian City Council September 7, 2004 Page 9 of 73 Subdivision No. 12 by Lochsa Falls, LLC -west of North Linder Road and west of Chinden Boulevard: De Weerd: Item 10 is final plat 04-054. Anna. Canning: Madam Mayor, Members of the Council, this is the 10th -- excuse me -- the 12th final plat for Lochsa Falls Subdivision. They have made their way to the north boundary of the site toward Chinden. This is the approved preliminary plat and this is the final plat. The final plat is in substantial compliance with the approved preliminary plat. The applicant has submitted a letter asking that Item number 6-A be deleted as a requirement. That item is to show detached sidewalks adjacent to West Chinden Boulevard. Staff has been consistently requiring or asking for sidewalks along the state highways. ACHD does not necessarily require them. At times ITD does not require them either. Generally, they are supportive of whatever the city wants. In this case, as staff, we have been asking for those sidewalks. The applicant does list a number of subdivisions on Chinden that do not have sidewalks. You will note that those aren't Meridian subdivisions, though. This will be the first Meridian subdivision along Chinden Boulevard -- that has frontage along Chinden Boulevard, other than a short stub street from Paramount, which I believe hasn't final platted yet. So, the final plat is in substantial compliance with the approved preliminary plat. De Weerd: Anna, these sidewalks are detached, aren't they? Canning: They would adjoin the -- my understanding is they would adjoin the right of way. They would be outside of the right of way. Detached from the actual roadway, yes. De Weerd: And are you requesting any additional width for them? Canning: There is a 35-foot landscape easement. They have dedicated 30 additional feet to ITD -- or there is a 30-foot lot there and, then, a 35-foot landscape lot. No, we had not asked them to widen the landscape buffer. De Weerd: Okay. Would the applicant like to make comment on this? If you will please state your name and address. Martin: Justin Martin, 5606 North Ten Mile Road. De Weerd: Thank you. Martin: Madam Mayor, Members of the Council, I don't have huge objections against this sidewalk issue. It's more of -- it's a busy road, everybody knows Chinden is busy, the speeds are higher than most of the streets out there, compared to Linder, compared to -- as the developments keep growing, the state highway is probably going to keep its speed limit up. The rest of the roads out there will have reduced speeds. I guess I just don't see where this sidewalk would be going or coming from. You know, we don't want • • Meridian City Council September 7, 2004 Page 10 of 73 to encourage people to pull over on Chinden, I can't see us wanting to encourage people to be out there on a highway. Yeah. I mean I don't have anything besides that. Just concerns, I guess. And, obviously, if you want me to do it, I will do it. We will be happy to build it. Just from me looking at it, I couldn't see the reason, not knowing what it would connect to. De Weerd: I guess if we looked at just today I would agree with you, but who knows in the future what Chinden will look like or even what additional plans are and I guess that would be my concern is, then, you have an island that would not have that pathway or connectivity and that would be my concern. As well I guess there still are people who actually ride bikes and this would -- would offer a safer route to come off of Chinden to do something like that. And Idon't -- I don't know if that's wise either, but, again, long terms, we have to consider that as well. But since it's not my decision, I will leave it to Council's capable hands. Council, do you have any questions? Rountree: Thank you, Madam Mayor. I agree. I think that we don't know what it's going to be out there in five years and I think that your plan ought to accommodate sidewalks. If you're stranded out there now, it's not very comfortable walking down the street and it's going to get worse. So, I would say that from my perspective it would be something that I would like to see incorporated in your plan. Martin: Okay. De Weerd: Any further comments? Is there anything else? Martin: There is really not. Bird: Thank you, Justin. Canning: Madam Mayor, Members of the Council, if I might, I did notice on Mr. Martin's letter he did point out that the two story side setbacks had been revised from five feet from the original approved seven feet. That wasn't all that clear in the staff report. That was done as a modification to his setbacks and was approved by the Planning and Zoning Commission. De Weerd: Okay. Any questions on that change? Okay. Okay. Council, what would you like to do on Item 10? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve final plat for Item No. 10, FP 04-054, for Lochsa Falls Subdivision No. 12 and retaining item 6-A speaking to detached sidewalks and identifying the comment from staff as it related to the setbacks. • Meridian City Council September 7, 2004 Page 11 of 73 Bird: Second. n LJ De Weerd: It's been moved and seconded to approve Item 10 with the changes noted by Councilman Rountree. Any further comments? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: AP 04-002: Appealing the decision of the Planning and Zoning Commission denying the Preliminary Plat for Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: Item 12: Public Hearing: CUP 04-023 Request for a Conditional Use Permit for a Planned Development for amixed-use development consisting of 120 multi-family units, 28,660 square feet commercial/office space and 3.43 acres of open space on 10.05 acres in a C-G zone for proposed Sadie Creek Subdivision by FOLIO, Inc. - 2935 North Eagle Road: De Weerd: Item 11 is AP 04-002, appealing the decision of the Planning and Zoning Commission on Sadie Creek Subdivision. Canning: Madam Mayor, Members of the Council, I'm not quite sure how to proceed with this. Do you want me to give you an overview of the entire development and, then, explain the reasons why Planning and Zoning Commission denied it? Rountree: I would. Bird: I would like that. De Weerd: Yes. Canning: Okay. I apologize for that. I'm a little disorganized today. This is Sadie Creek Subdivision and Sadie Creek takes access off of Eagle Road, which would be just here off the edge of the screen. This property was zoned C-G as part of the Eagy, Ruwe, Kissler, Cobb annexation that was before the Council for a number of months. This is the Ruwe parcel. As you will recall, the Eagy parcel is to the north and has access along Ustick Road. The Cobb parcel is just up in the corner at the -- at the very corner of Eagle and Ustick Road. So, this property -- the only access is on Eagle Road. They have proposed a drive that's along their southern boundary and, actually, it would be built partially on the neighboring property on an easement. They have proposed seven commercial or office lots in the front and, then, they have proposed a number of multi-family four-plexes in this area. This one was actually removed in the center of the open space there and, then, all these are four-plexes. This was the concept plan that was approved by Council for the Eagy, Ruwe, Kissler, Cobbs annexation, minus the Eagy, eventually, as I mentioned before. This is the Eagy property. So, on the concept • • Meridian City Council September 7, 2004 Page 12 of 73 plan it was shown as transitional use or utility use here to buffer the existing residential uses, the Carol Subdivision. This was shown as multi-family residential and, then, commercial office. They showed across-access agreement going south, across- access agreement going south, at about mid property line there was across-access agreement going north and, then, on the western end of the property there was across- access agreement going north. If we go back to Sadie Creek Subdivision, you will see that there is a -- these drive aisles do stub to the north in these two locations, so they would have cross-access opportunities there. This drive aisle -- this landscape plan is out of date, but there would be a five foot -- or ten-foot landscape buffer between the Eagy property and this drive. And, then, of course, there is a public street toward the west end of the property and, then, the property just south of them has quite a bit of cross-access via the public street. They could just tie into the public street and would have access that way. This is shown as mixed use on the Comprehensive Plan and that is why we did ask for the concept plan as it went through to get the commercial zoning, because we did want to insure that there was a mix of uses, rather just all retail. I want to point out the Carol Subdivision, the next road immediately south -- next public road immediately south of this is the Carol Subdivision and it would -- it does connect up to Ustick. That will become important in the summary of the Planning and Zoning Commission. I will just quickly go through these. This is the floor plan for the multi- family units. They are quite nice units. Lots of roof planes, lots of modulation in the facade, they are not just a box. At the Planning and Zoning Commission -- I'm not going to go through the full hearing I think as we are trying to focus on the appeal at this point. I did want to go up -- there was quite a bit of neighborhood testimony. Part of it was the -- the issue of this road. There was a lot of concerns that because it is so difficult to make alert-hand turn on Eagle Road, that people would make aright-hand turn, make a right-hand turn and go through the subdivision. Then, there was just the general concerns about bordering multi-family on the large one acre lots that are part of Carol Subdivision. The Planning and Zoning Commission in their denial of the preliminary plat based it on that it was premature to develop this property without particularly this Eagy piece being developed, because it was just too limited access, having only access to Eagle Road at this time. Staff did anticipate that that would just be a temporary access until such time as the property north of there developed and there was access to Eagle Road and the applicant was in agreement with that. One of the -- one of the strongly stated statements by the Planning and Zoning Commission in the discussion was that when they saw the concept plan Eagy was still in there and, therefore, they were comfortable with this concept plan. They felt that when the Eagy parcel dropped out, it really made this not developable on its own at this time. So, that was the basis for denial. And, also, we had not heard what ITD was going to allow as far as an access. Tonight you do have a letter from ITD from Lance Johnson and going into the Planning and Zoning Commission hearing it just said that access would be considered on a case- by-case basis. Well, this was the results of the case-by-case basis. So, the access control on this section of highway is type four urban. Spacing requirements are not met. Property has no access, other than the highway. The property has two access points on the plans. City of Meridian will -- and that's because it was a split driveway. City of Meridian will eventually call for a road connecting Ustick west of Eagle Road. So, the district recommendation was that ITD purchase the access points on State Highway 55 • Meridian City Council September 7, 2004 Page 13 of 73 ~J and supply this property with an easement across the property to the north, that's Eagy again, for the Ustick Road connection. And, then, comments to the district recommendations are, one, the applicant does not agree with the district recommendation and the City of Meridian agrees with the district recommendations. So, that is the appeal that's before you tonight. I guess I will end there and answer any specific questions you might have. De Weerd: Council, do you have any questions for Anna? Bird: Not at this time. De Weerd: Mr. Attorney, I guess I have a question for you regarding the process. We have heard the summary from staff. Is it typical that the applicant present his appeal verbally or only if Council would like additional information? Nichols: Madam Mayor, Members of the Council, the applicant is entitled to explain their reasons for the appeal and what they contend was the error in the decision by the Planning and Zoning Commission. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address. Perison: I will. Madam Mayor, Members of the Council, Mark Perison with the law firm of William R. Snyder and Associates. My address is 2413 Ellis Avenue in Boise, and I have been hired by the applicant to present the arguments on appeal. De Weerd: Okay. Perison: Members of the Council, this is -- there is another item on the agenda that is related to this and it's pretty important, because the Conditional Use Permit is also up for hearing, although that, obviously, wasn't decided by the Commission, and one of the things that's going to be discussed at that -- or during that presentation is this new Department of Transportation recommendation and how that's going to impact this particular project. If you have had a chance to look at any of the minutes or look over on this file, I think you can see that a lot of the community opposition relates to the traffic issue. My client, obviously, followed the recommendations of the staff, was trying to abide by the development agreement that was entered into with this Council and was, obviously, very concerned about the traffic issue, because that's a big issue here, and I think that was one of the major stumbling blocks to approval of the -- of the preliminary plat below. Let me start off by saying that in reviewing this it became clear to me that there were really two issues that were central in Planning and Zoning's decision to go against their staff recommendation and deny it -- deny the preliminary plat. Those two areas were primarily the traffic issue, which I think is, you know, something that's going to come up frequently in a situation like this, but, then, there was also something that kept being tossed around and that was the idea of this project being premature. haven't found anywhere -- and I have looked through just about every material that I • Meridian City Council September 7, 2004 Page 14 of 73 i could find, that there is really no basis for the Planning and Zoning Commission to decide when it's right or not right for somebody to develop a property. What is appropriate for them to do is to look at the proposed development, compare it to the Comprehensive Plan, to the governing ordinances, make determinations as to whether these things are compatible, and decide on that basis. I want to sort of address these two issues separately. And the first one is this traffic issue and what I'm going to do is -- in the second -- in the next item on the agenda Mr. Unger, who is the surveyor for this property, has a lot more information on that and he's going to present that to you, so you can understand exactly what's going on. But I think that issue is going to -- if not completely resolve, mostly resolve the traffic concerns that have been raised by various members of the community. Their obvious concern is traffic running through their neighborhood as a result of this right-in -- you can only turn -- the recommendation from ACHD was that the entrance to Sadie Creek be a right turn only in and right turn only out and the concern of the subdivision directly behind it was that people would elect to drive through their subdivision in order to get to the property. De Weerd: Excuse me for just a moment. Perison: Sure. De Weerd: You do have 15 minutes to present your appeal, so I just wanted to let you know since this is a new item what that meant. Perison: Got you. And when it turns yellow that means I have one minute left or -- De Weerd: Thirty seconds. One minute. Perison: Okay. Well, I don't plan to take up the entire time. De Weerd: Okay. Well, I just wanted to let you know what that meant. Perison: Thank you. I appreciate that, Madam Mayor. So, after that traffic issue is raised, I think a lot of the concerns will be alleviated. My problem with the decision below was that there was no specificity as to what the traffic problems were. You can read the minutes and you can sort of garner from them what people were objecting to, but in this case there were no findings from the Commission, no conclusions -- no written conclusions and nothing to go on, other than the statements at the meeting. And I would submit that if the Commission is going to deny the preliminary plat based on a traffic concern, that it ought to at least tell us what it is, rather than leaving it up to us to try to figure out what it is, so that we can make changes and propose changes and come back and find out that that's not what exactly is the issue. I suspect I know what the issue is and I think you will be able to determine, too, from reading the minutes. The issue of the prematurity is a lot more troubling, because I think what has happened is the Planning and Zoning Commission was unhappy with how the development agreement was finalized and what it said. When you read the minutes you can see there is quite a bit of disappointment -- I think that was one of the words that was used Meridian City Council September 7, 2004 Page 15 of 73 • -- that this development agreement was passed in form slightly different than they had recommended. The prematurity argument seems to be that, well, we kind of want to see what everybody else is going to do first and I certainly recognize that from a human standpoint that it would make more sense if all of this is going to be developed over time, that it would be nice to have it done all at the exact same time. Unfortunately, don't think that's workable in a case like this where you're looking at rather large parcels and rather significant development. I think, ultimately, the concern that the Planning and Zoning Commission had about prematurity was not necessarily that this project was really premature, but that they didn't really like where it was going and so they elected to go ahead and deny the preliminary plat. I have read over the staffs recommendation, which initially recommended approval of the plat, along with certain conditions, and know that my client has been diligently working to meet -- was diligently working to meet those conditions and I believe they met most of them and so they were rather surprised when the Commission decided to go ahead and vote against the preliminary plat. What we would like the Commission -- what we would like the Council to do on this appeal is to -- either, one, simply overrule the Commission and approve the preliminary plat, so that we can keeping going with the process, obviously, subject to the conditions set forth in the staff report, or, two, after you have heard this new information about the -- from the Department of Transportation, consider approving this preliminary plat with additional considerations. I'm sorry. With additional contingencies or conditions. That would allow this project to go forward. I think most of the community concerns are going to be resolved and this development can go forward. Some of the community concerns simply will never be resolved. If someone doesn't want multi-family residences near their home, that's a valid concern. That concern should have been addressed and I believe was addressed at the rezoning hearing and it's not the appropriate -- this is not the appropriate place for those kinds of arguments to be made. But I certainly think everyone has the right to voice their opinions about this project. So, in summary, we'd like to -- we ask the Council to reverse the decision by the Planning and Zoning Commission, approve this preliminary plat or, alternatively, approve this preliminary plat with additional conditions, so that my client can move forward. Are there any questions? De Weerd: Council, do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the applicant intend to contest the decision from the Transportation Department? Perison: No. In fact, my understanding is that that statement was -- at the time that letter was written that was their understanding and my applicant -- or the applicant's position. But I believe it is no longer their position. I think they actually are going along with this new recommendation. That's why I made all these elusions to the next item on the agenda, because that -- the surveyor is going to be telling you about that and I • Meridian City Council September 7, 2004 Page 16 of 73 believe he will tell you that they do consent to that. And I don't know if it's even possible to withhold a vote until after you have heard the next item on the agenda, so that you can -- because I believe that information will be relevant. I would have presented it myself, but we got it this afternoon and it was, frankly, too technical for me to do an adequate job presenting to you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick comment. I heard that -- you said that the time to -- for the neighbors to comment on a specific use was at the annexation and zoning hearing and what this Council said at that hearing was that the proper time for the neighbors to approve specific uses was at a conditional use hearing. And so if you have read the minutes from that, I think your comment there is potentially incorrect. Perison: Okay. Well, I appreciate that. That is -- I guess that is a final -- and you're right, for the Conditional Use Permit it would be the opportunity for the public to be heard and make their comments about it. With respect to this appeal in the preliminary plat that was the basis of my comments. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess my concern is you have asked us for a result that I guess I don't read in our code that that's really what we are supposed to do. I mean you don't believe that the Commission has made a proper finding, which is part of what I heard you say, and we should remand it to the Commission to have them make a finding. I read the minutes and it seems that there -- that talk about premature was because there is no concept plan for the remainder of this property and, therefore, it doesn't address the health and safety concerns that the public raised, which is appropriate for the plat. So, if I take what you have said on one hand, we should just remand it and they can make a finding and, then, you can appeal it and we can decide whether or not they erred, but they have four -- five findings in which to make, which they didn't specifically address, but they certainly addressed the last one about health and safety in regards to the access points and the access into the other neighborhoods and all that, which does address the plat. So, if you could answer that one. Secondarily, if the other question is you want us to simply approve this plat based on the only information we have is what you just said and what's in this record -- and I don't have anything in this record that tells me we shouldn't make the same finding, because the prematurity is really the relationship of this to the other properties for access and those types of things. It wasn't that they just didn't feel they should develop it yet, it's because they felt that it should be developed in conjunction to fix all these other issues and concerns for the neighbors and so if you want to answer that for me as well, because I guess I'm not following you to give us anything to base an overrule on. Meridian City Council September 7, 2004 Page 17 of 73 Perison: I understand. And I struggled with the issue of what the proper procedure was in this case. You know, as a litigation attorney I do a lot of litigation in the courts. The court system is very well and clearly defined as to what remedies are available on appeal and what remedies are not. I searched through the code today; saw basically the section that says -- well, over the last few weeks -- that says that you can appeal a decision. It doesn't necessarily say if the -- if the Council acts in a purely review capacity and either remands or overrules or whether they have the power to make the determination themselves and I came to the conclusion that because the Commission is acting under the authority of the Council, that the Council could ultimately elect to approve it over the decision of Planning and Zoning if they chose. Remanding it for Findings of Fact is also a possibility. That was another issue that I struggled with. I did read the minutes and I know you folks have, too, and it doesn't really make it clear what particular traffic issue was being addressed. The final vote simply says unresolved issues regarding the transportation department. And so that sort of left us going, well, there were a couple different things. Was it the traffic that was going to go through the other neighborhood, was there not enough access here, was there -- the driveway's not appropriate -- it really wasn't clear to us what should have happened. As the final issue on the prematurity question, it's a difficult question. I understand that initially that that parcel was to be included and was to be part of the development agreement. However, it wasn't. It -- the owner of that property backed off, backed out at the last second and did not go through to the Council. So, I would suggest that what we should look at is the development agreement and the requirements placed on what we do have in front of us and use that as the basis. But I do understand what they were saying is they expected this whole thing to be done together and it doesn't look like that's going to happen at this point, but we still think that the project is viable and it should go forward. Now, what does the green flashing light mean? Nary: It means you had a couple minutes, but for now with questions we have turned that off. That's just for your initial presentation. Perison: Any further questions? De Weerd: Any further questions, Council? Rountree: I have none. Bird: I have none, Mayor. De Weerd: No. Thank you. Perison: Thank you. De Weerd: Okay. Council, do you need any further information from staff? Rountree: No. Meridian City Council September 7, 2004 Page 18 of 73 De Weerd: Or our attorney on process? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I have a procedural question for Mr. Nichols. The applicant had several proposals for us as to what we can do with this action. If we -- I guess my question is if we decide to deny this appeal, does that, essentially, uphold the Planning and Zoning Commission's decision? Nichols: Madam Mayor, Members of the Council, yes, and if you -- well, you call it whatever you want to call it, but I would say that you vote up or down on whether to basically uphold the Commission's action or to overturn the Commission's action. So, it's clear what you're doing there. Now, it could be that by overturning the Commission's action you could still proceed to hear testimony and so forth and make your own decision on the preliminary plat after additional information. I don't think the code precludes you from being able to do that, as I read it. I would caution you, though, if you were to vote to deny -- or essentially uphold the Commission's action, I would prefer that, instead, that you remand it for findings. So, if you're inclined to uphold the Commission's action, there needs to be specific findings and that opens up another appeal route, because it, essentially, would bring it in front of you again, most likely. Thank you. Nary: Madam Mayor? De Weerd: Thank you. Mr. Nary. Nary: I guess, Mr. Nichols, I'm -- I think as everybody knows, I'm a big stickler for process, too, but there isn't a -- I mean the problem in this case is that because there weren't findings made, but our code is somewhat silent to me as to what action we can take, I don't want to make it more belaborous than this has already been and I guess would you be comfortable, do you think, if we were to be able to hear all of it, rather than -- rather than pieces and parts? We have a lot of people here, I think most of them -- or a lot of them are here to tell us about whether or not the plat works and whether or not the Conditional Use Permit should be granted. We can certainly take that route, I think, as you just said, and remand it for findings and they can, then, come back and appeal that and we can just have all these folks come back again in a month and we can do this over. But it appears that we could also -- and that's what I wanted to ask your opinion, is we could also grant the appeal, because there aren't any findings, and they could, then, put on their case as to whether this preliminary plat -- because they haven't done that. I don't think I have enough to approve their plat, but at least to say they didn't really take care of this down below, we can hear all of it, we can hear all of these folks, and if we are going to get an appeal, then, we get one appeal and it just goes forward. Rather than an appeal of a part, an appeal of the plat, that's separate Meridian City Council September 7, 2004 Page 19 of 73 from the CUP -- it just seems very cumbersome to me. But is that -- is that viable or does it just seem like that would be so easy, but that doesn't make sense, so -- Nichols: Madam Mayor, Members of the Council, the requirement that you have for both the neighbors and for the applicant is one, essentially, procedural due process. That's a fair opportunity to be heard on the issues and to render a decision based upon the evidence, testimony that you have before you. So, if you grant the appeal solely for the purpose of allowing the preliminary plat and the Conditional Use Permit to be considered together, I think that would be a supportable decision and, then, you could -- it does not mean that you, by granting the appeal, are approving the preliminary plat, you could just simply say you're approving the appeal only for the purpose of making an independent decision whether it should be granted or denied because of the lack of findings as you said. Nary: Thank you. De Weerd: Okay. Just so I'm tracking this, the preliminary plat is not on our agenda, but we can consider it, even though it's not? Nichols: Madam Mayor, you have an appeal of the denial of the preliminary plat. Therefore, I believe the preliminary plat is at issue. You also have the site plan, landscape plan, and so forth associated with the preliminary plat that's part of the Conditional Use Permit application. And I don't know that this issue has been decided by the Supreme Court. I don't believe it has in this state. And so I think that you could look at it as everybody's here, it's certainly a lot earlier in the evening than the last time this issue came up and so it would -- and the applicant, I believe, is prepared to address the issues related to the preliminary plat -- is that not correct, Mr. Perison? Rountree: He's shaking his head yes. Nichols: Okay. So, Mr. Unger has nodded, yes, he's ready to proceed to make his pitch with regard to the design of the preliminary plat and those applicable conditions. De Weerd: Okay. So, Council, what would you like to do? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess with one other caveat that if somebody has a compelling reason that they can't -- don't feel that they had adequate opportunity to be prepared, I guess they could raise that issue to us as well at the point their testimony was -- they needed more time to discuss that and we could consider that. But I guess I just want to pass the buck. We are going to end up with having to make a decision on this, we might as well just do it. Everybody's here, let's just go forward. So, I don't know that we need to close the Public Hearing -- we don't have a Public Hearing on the appeal, so I think unless Meridian City Council September 7, 2004 Page 20 of 73 Council has more discussion, I would make a motion, but I'll wait to see if everybody is of the same mind. De Weerd: Mr. Rountree. Rountree: Having counsel on either side, its kind of hard to filter what's being said, but let me see if I understand. It seems we have three choices and maybe it's only two. One is to approve the denial on the part of Planning and Zoning of this preliminary plat. One is to remand it back to Planning and Zoning and that just continues the cycle. And three is to deny or overturn the denial of Planning and Zoning, offer the public an opportunity to comment, and the applicant an opportunity to comment and, then, act on the preliminary plat. So, is that the correct read or if remanding and upholding the Planning and Zoning is one and the same? De Weerd: Mr. Nichols, is that a correct summary? Rountree: Sorry I asked. Nichols: Madam Mayor, give me a minute to look at the code, please. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Just a question to help clarify what Councilman Rountree is talking about. Not being of legal counsel myself. As I understand it, the Planning and Zoning Commission has the ability to hold aplat -- or to deny a plat and not bring that forward to the Council, which is why we don't have a plat, but we do have a Conditional Use Permit, which we are going to hear anyway. Mr. Nichols, would that be a correct assumption? Nichols: Madam Mayor, Members of the Council, the specific language in the code says this: If the plan -- the preliminary development plan or plat is denied, it is not forwarded to the Council. But, then, it says down below: A person who appeared in person before -- before the Commission or sub-divider -- in this case the applicant -- may appeal in writing the decision of the Commission relative to the final action taken by the Commission. So, I believe that puts this preliminary plat at issue before you. So, even though it's held, it's really only held at the Commission level if no appeal is taken. Once the appeal is taken, it places the decision in front of the elected officials of the city. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Canning -- Meridian City Council September 7, 2004 Page 21 of 73 Canning: Oh, heavens, don't ask me. I'm sorry. Nary: The question I would have is that if we were to go forward on this tonight with the plat, which wasn't forwarded, would you be able to be -- present anything on that tonight? Canning: Well, I gave the -- Madam Mayor, Members of the Council, I gave a brief summary. We have the staff report, which included the recommendation and findings for approval for the preliminary plat that staff originally did, so we do have findings for approval and I apologize not having prepared the findings for denial, that slipped through the process and so that was an error on our part. So, we have the basis for a recommendation for you either way that you would want to go or -- we have the basic information. The applicant has a Powerpoint presentation, they can describe the project to great detail, so I wasn't concerned about that portion, but we do have the findings -- the staff report that has the recommended findings for approval. Does that answer your question? I feel comfortable going forward with it. I don't -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just another question for Mr. Nichols. If we were to approve the appeal for the purpose of hearing the preliminary plat with the CUP, it would not approve the preliminary plat; correct? Nichols: Madam Mayor, Members of the Council, if that's your decision, that's the basis on which you're hearing additional evidence, you just simply table your decision on the appeal and say you want to take additional evidence outside of what's already in the record. I mean it -- in other words, I guess what I'm telling you, Mayor, Members of the Council, is we can make it fit. The whole thing is that folks are here that have the ability to raise their issues to you, both from the applicant's side and from those who may be opposed or may support the project, but there is -- obviously, based on the number of people in the room, there are a fair number of folks that have taken time out to have an opportunity to address you. De Weerd: So, Mr. Attorney, I will ask you one more question. Sorry, nothing's easy up here. If they uphold the denial and provide their own findings, can that be done? Nichols: Madam Mayor, yes. De Weerd: So, they can provide their own findings and, then, the CUP would be mute without a preliminary plat. Nichols: Madam Mayor, Members of the Council that would be a factor in denial of the Conditional Use Permit. The one thing in addition, though, is that because it's a permit, ~J Meridian City Council September 7, 2004 Page 22 of 73 the state statute asks that you outline what, if anything, the applicant can do to achieve approval and so I don't think you want to say just based on the preliminary plat, you would have to address specific issues in the Conditional Use Permit application and how it could be modified or changed to achieve approval. De Weerd: And since the Planning and Zoning minutes are part of the public document, you can go based on what is already in front of us. Nichols: Madam Mayor, Members of the Council, all of the proceedings, all of the letters, all of the minutes, everything is the record upon which you base your decision. De Weerd: Okay. So, Council, you have a number of options of what you can -- the direction you can go. What is your desire? Nary: Well, Madam Mayor? De Weerd: Mr. Nary. Nary: I mean I don't -- I don't know if we ever answered Councilman Rountree's questions as to what's before us. To me, what I understand is before us is we can either grant the appeal for the purposes of hearing this preliminary plat and the applicant has already indicated his willingness to go forward. If anyone else raises an objection, say they haven't had adequate opportunity, we can consider that on whether or not we, you know, continue this matter over after everybody's still had an opportunity to testify tonight who thinks they can or we can grant the appeal -- or deny the appeal, but Mr. Nichols' recommendation is to simply send that back for findings, since no findings were done, that means they would likely re-appeal that, we just hear this again and drag all these people out here again. So, I guess for me, I'd rather not do that. If we are going to hear it, let's just hear it and I'm only cautious from Mr. Nichols' recommendation about tabling the appeal and taking more evidence, just because I don't know what a court is going to do with us not hearing that appeal, hearing evidence, not making a decision, and, then, if we go back and deny it based on the evidence that's subsequent to the appeal, I don't know if a court's going to have an issue with that. So, I guess I'd rather just -- I mean it's a guess, but I guess to me if we are going to get appealed, let's just get appealed on the whole thing and not a piece of it. So, based on that I would move to grant the appeal by the applicant for the purpose of hearing the preliminary plat and the Conditional Use Permit together. I think that's it. Wardle: Second. De Weerd: Okay. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Meridian City Council September 7, 2004 Page 23 of 73 Nichols: Madam Mayor, Members of the Council, Councilman Nary, do you want your motion to include that by granting the appeal you're not approving the preliminary plat as it was presented at the Commission level? Nary: Yes. And I guess I can make that clear. That is my intent is that it is not to approve the plat as presented, but simply to hear the presentation by the applicant to both approve the plat and its Conditional Use Permit as he initially requested. So, it is not to approve it, simply to grant the appeal, because there were no findings from below, and allow us to hear all of that at once. Rountree: As well as the public? Nary: As well as the public. Wardle: Second agrees. De Weerd: Okay. The motion is to do what he said, to hear both the preliminary plat and the CUP and in public forum. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, procedurally, I would open up the Public Hearing on Item 12 to hear the CUP and the preliminary plat? Nichols: Madam Mayor, Iwould -- yeah, I would still, even though the appeal has been granted for the purpose of taking additional testimony, I'd open them both up, call it a Public Hearing on both matters and proceed accordingly. De Weerd: Okay. Do we need five minutes to collect your thoughts or do we want to just delve right into this? We will take afive-minute break and reconvene. (Recess.) De Weerd: I will go ahead and call this meeting to order. Now, someone needs to give me a gavel, but they won't let me have it, so -- I will go ahead and call this meeting back to order. It has been requested by the neighbors to continue this application to next week and the applicant has agreed to doing that. He would like to take a couple of minutes just to present the ITD report, so the neighbors have that additional information for consideration for their testimony next week. So, if Council has no objection to that? Any comments? We will safe the staff and applicant presentation until next week when we hear public testimony. Would the applicant like to come forward? It is a Public Hearing and I will need to swear you in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Meridian City Council September 7, 2004 Page 24 of 73 Unger: It is. De Weerd: Thank you. Please state your name and address. Unger: My name is Bob Unger, I represent the developer on the project. Our address is 988 Longmont. That's a new address, so that's a tough one. Longmont Avenue. Boise. 83706. De Weerd: Thank you. Unger: And we can check that later to be sure. Madam Mayor and Council, I'm going to just very briefly review the ITD memo dated September 2nd 19 -- or 2004. Anna, could I get you to put just the master plan back up, please? Canning: Mr. Unger, do you have one on your -- on your presentation, because I, actually, switched over to you awhile ago. Unger: Yes, I do. Yes. The next one, I believe. That will do fine. Thank you very much. Canning: Okay. Unger: What ITD has -- their staff has recommended -- and this is from Chris Canfield, who is the district assistant traffic engineer, and who I met with today, also city staff has discussed this with him today also. Once again, we have the five items that the -- the access control to this section of highway is a type four, which urban spacing requirements are not met. When they talk about spacing requirement, they are talking about they would only allow accesses every half mile within this stretch of Eagle Road, which, of course, we all know that they have gone way beyond that. The property has no access other than this highway and that is true, we are land locked without that. The property has two access points on the plans, which, of course, we were proposing that this street go north ultimately to Ustick and, then, still the access there on Eagle Road. And, then, the City of Meridian will eventually call for a road connecting Ustick west of Eagle Road. And, once again, that's the street that we are talking about there. The staff -- the district staff recommended to ITD that they purchase the access points along State Highway 55. Now, there is one access point on this corner parcel. The Eagy property, I believe, has two accesses, we have two accesses, and this property down here has one or two accesses. So, I believe there is five to six accesses there. And what their staff is recommending is all those accesses be bought and that ITD purchase an easement to extend our proposed road to Ustick and that as development occurs over here, of course, we would tie in these driveways over to Ustick also, which ITD staff understands that. And the big issue, of course, would be ITD actually purchasing the easement to Ustick. We discussed that today, I discussed that with Mr. Canfield, and he said that he would also entertain an interim right-in, right-out access to Eagle Road until ITD is able to acquire the easement to Ustick. And in their concurrences and • Meridian City Council September 7, 2004 Page 25 of 73 • comments, it says the applicant does not agree with the district recommendation. Actually, he didn't contact us before he made his recommendation; it was based upon our initial letter requesting the access and the right of way permit. Once he and I met today, in our discussions we really don't have a problem at all with their proposal. All right? As long as -- as long as they can give us an interim access here until they are able to acquire the easement to extend our proposed road to Ustick and Mr. Canfield said he would support the interim access. So, in a nutshell, that's where we are with ITD, ITD staff, and we really feel that is a good proposal and a good recommendation from their staff. So, I just wanted to clarify that point is that we do agree with their comments and recommendations. I am prepared -- I do have a letter prepared, which would be delivered to Mr. Canfield at ITD tomorrow, supporting their recommendations to the board. And that pretty well covers what we wanted to cover on this. We wanted to make sure that all the folks that are here this evening had all the full information as far as ITD's staff recommendations and our concurrences with those. And, then, we will be more than glad to see you next week. De Weerd: Thank you, Mr. Unger. And the letter from ITD is on file in the clerk's office, should anyone need a copy of it. So, we appreciate that and per request -- Nary: Madam Mayor? Could I ask a question of Mr. Unger before we continue -- De Weerd: Mr. Nary. Nary: -- it, based on just this -- what he just put on the record? Mr. Unger, I have read the letter, but it doesn't give me any time frame. Did he give you any time frame -- part of why we are here is because the person above there doesn't want to be a part of this project, so there is no real expectation -- or at least I don't have anything to show me any expectation that they are going to acquire that easement, other than through condemnation, which could take a long time. Unger: Madam Mayor, Mr. Nary, first of all, I asked him time frame on getting the board decision on their recommendation. He said it could be one to two months. If we concur with their comments, probably a month. So, we are hoping to have, you know, their final decision at that time and, you're right, he really -- he couldn't give me any kind of a ballpark time frame as to acquiring the easements or condemning whatever it takes to do that. He is -- and it's not just him, they have a committee that actually reviews these requests and the committee recognizes the fact that we are land locked and that they can't take away our access without providing us alternate access. So, you know, they are well aware of that, but as far as time frame, he couldn't give me one and you're an attorney, you probably have a better idea than I do as to how long it might take. Nary: Thank you. Unger: I wish I could give you better than that. Anything else? De Weerd: No. Oh, I'm sorry. Anything else, Council? • Meridian City Council September 7, 2004 Page 26 of 73 Wardle: Madam Mayor? De Weerd: If -- it is a Public Hearing, but if we open it up for testimony -- I guess if you have a question you can ask staff tomorrow or you can ask the applicant or you can provide testimony tonight and you will not provide testimony next week. You can make a request of staff. Do you need to make a request of Council? Council? Rountree: Sure. Bird: Let's go for it. De Weerd: It is a Public Hearing and I do need to swear you in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Thurston: Yes, it is. De Weerd: Thank you. Please state your name and address. Thurston: My name is David Thurston, I live at 1470 Leslie Way, Meridian, Idaho. 83642. De Weerd: Thank you. Thurston: The request I have is to continue this not in one week, but in two weeks. We have over 50 homeowners that we have to try to get organized and try get to information to. If you would give us an additional week, it would help us in the preparation for coming back here before the Council being prepared. We appreciate your indulgence here and we are not trying to stonewall this, we are trying to be cooperative, but we want to be informed. That's all. De Weerd: Thank you, Mr. Thurston. Okay. Council? Mr. Wardle. Wardle: Madam Mayor, thank you. I move that we continue the Public Hearing for Item No. 12, CUP 04-023 and the preliminary plat, which we added to 7/21 of 2004 -- or, I'm sorry, nine -- September 21st, 2004, two weeks from today. Rountree: Second. Bird: Second. De Weerd: Okay. It's been moved and seconded to continue CUP 04-023 and PP 03- 023 to September 21st, 2004. All those in favor stay aye. All ayes. Motion carried. Thank you all. MOTION CARRIED: ALL AYES. • Meridian City Council September 7, 2004 Page 27 of 73 • Item 13: Public Hearing: MI 04-007 Miscellaneous request for an administrative lot split of un-platted ground for Ronald Van Auker by Ronald Van Auker - northeast corner of Franklin Road and Gaudians Avenue: De Weerd: Okay. I will go ahead -- if we can have some semblance of quiet here, I will go ahead and open the Public Hearing on Item 13, MI 03-007. Open this Public Hearing with staff comments. Canning: Oh, excuse me, Madam Mayor, I need to switch between presentations. Madam Mayor, Members of the Council, we have something new for you tonight. We have a miscellaneous application for a request to, essentially, do a one-time split on this property. There is a part of code that was added to give staff some flexibility in waiving some subdivision requirements, some platting requirements, and that's found in Meridian Code Section 12-3-1 B. And if you will forgive me, I'm going to read the text to you, because the wording -- each word becomes important in this, so I wanted to read it to you and it is in your staff report. But it says: Re-subdivision. Notwithstanding the definition of subdivision contained in the Section 11-2-2 of this code, where an applicant desires to subdivide an existing lot, which is located in an existing subdivision, which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this title. He shall, however, submit an application for re-subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The city shall, then, determine what requirements of this title shall be complied with by the applicant. The city may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously un-platted and un- subdivided ground upon application to the City Council. So, in looking at this code, it gives the planning director or the zoning administrator and the city engineer some discretion. Brad and I -- Mr. Watson and I consulted and there were some parameters that we were willing to consider for the reduction of platting requirements. And those follow and I will briefly summarize those. Basically, we wanted a lot line adjustment application, some of the fees associated with that, so that we would have an actual application to review. If the property is un-platted, such as it is tonight, they have to bring a miscellaneous application up to the City Council and that's why we are going through this miscellaneous application tonight. If that were approved by City Council, then, they have to do a lot line adjustment application. For either platted or un-platted land, we set forth some of the drawings that we would need. And, then, as far as standards went, both parcels would have to meet the dimensional standards for the zone in which they were located. And we determined that it would -- we would only consider those for commercial or industrial property, that we would not consider reducing the platting requirements for residentially zoned land. And anybody that made use of this reduction in platting requirements to subdivide, we would only allow them a one lot split, so they could go from one lot to two lots, and that's it. And, then, after that they would be back to the regular platting procedures. We also talked about using this for condominium plats where the plat would not result in any new development where it C~ Meridian City Council September 7, 2004 Page 28 of 73 • was just defining ownership of that building that had been previously approved. So, that is the background about why we are here tonight. I will go into the applicant's request. This is a 40-acre parcel, it's right across from R.C. Willey. The zoning map is actually incorrect as shown here. It's got a split zone. The frontage at about this location is C-G and the rest of it is I-L. It's showing up as all I-L here. You can see the little strip of C-G there, it kind of goes across here as well. The applicant is proposing a 3.74 acre split and he would like to have it zoned C-G. We did indicate that he would need to go through a separate rezone application and he has been made aware of that. They have already submitted a lot line adjustment application that we are holding. If the Council were to approve this reduction in platting requirements, both properties do meet the minimum dimensional standards for the zone. There are some conditions of approval and the one I wanted to point out to you was number five and this was a commitment by the developer, they did commit to making the subject split parcel a lot in a future subdivision for the property and staff has requested that such subdivision application shall be submitted to the Planning and Zoning Department and accepted for processing prior to the issuance of a certificate of occupancy on the building. This is kind of an unusual timing of -- the reason they are asking for a reduction of platting requirement is to facilitate a commercial developer that needs to move more quickly than would be allowed by going through the platting process, so -- but they have agreed to include it in a future plat. I guess I will end staffs presentation with that and answer any questions. De Weerd: Council, do you have any questions? Rountree: I have none at this time. Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? Canning: Madam Mayor, before Mr. Miller speaks, I forgot, this is the site plan that they are proposing for the three acre split. There is a building in the northeast corner and, then, parking along in front and on Goddans, similar to R.C. Willey. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Miller: Yes. De Weerd: Thank you. Please state your name and address. Miller: My name is Brad Miller with Ronald W. Van Auker, Incorporated, 3084 East Lanark, in Meridian, Idaho. De Weerd: Thank you. Meridian City Council September 7, 2004 Page 29 of 73 Miller: Madam Mayor, Members of the Council, I'd first like to thank you for tabling that previous item. I was ready for some severe pain and anguish and I feel much better now. We are requesting an administrative lot split for this property, because we have a national retailer who would like to build a 50,000 square foot retail store there and we don't -- their timing is not such that we can wait for the subdivision process. All the utilities are available to the site. ACHD has approved the access to the site. We have reviewed the staff report and we are in agreement with all of the conditions. I had previously met with Mayor de Weerd and promised her that we would not delay our preliminary platting of this property and we have hired an engineer and they are working on some preliminary layouts right now and we hope to have those next week or the week after. We would ask that you approve this, so that we can get this retailer here to Meridian and develop this parcel out. If there is any questions, I would be more than happy to answer them. De Weerd: Council, any question? Bird: I have none. De Weerd: Mr. Bird. Bird: No, I have none. De Weerd: Oh. Rountree: Just to welcome Brad back in a couple weeks. Miller: Thank you. De Weerd: Thank you. Did you hear that comment? They would be more than happy to delay for two weeks. Staff, is there any further comment you'd like to make? Canning: Madam Mayor, Members of the Council, no, other than I'm not sure what kind of motion you make tonight and maybe Mr. Nichols can clarify that. It just says upon application to the City Council. Nichols: Madam Mayor, Members of the Council, the motion would be to approve the application and authorize the Mayor to sign and Clerk to attest an order authorizing the split with the conditions outlined in the staff report. De Weerd: Okay. Thank you, Mr. Nichols. This is a Public Hearing. Is there anyone who would like to offer testimony on this application? Okay. Thank you. Mr. Wardle. Wardle: Madam Mayor, hearing no further comments, I move that we close the Public Hearing on Item No. 13. Bird: Second. Meridian City Council September 7, 2004 Page 30 of 73 De Weerd: It's been moved and seconded to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the application for Item No. 13, MI 04-007 and authorize the Mayor to sign and the Clerk to attest on all proper papers. Bird: Second. De Weerd: It's been moved and seconded to approve item lucky 13. Is there any further discussion? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 04-017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: Item 15: Public Hearing: PP 04-024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Item 16: Public Hearing: CUP 04-026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: De Weerd: Thank you. Okay. Items 14, 15, and 16 all pertain to the same development application, so if there are no objections, I will open AZ 04-017, PP 04- 024, and CUP 04-026. We will begin with staff comments. Canning: I'm organizationally challenged tonight. I'm sorry, Mayor and Council. This is an application for the annexation of 29.69 acres. It is on the west side of Locust Grove Road, as you see here, right next to previously approved Saguaro Canyon. The request is for 89 building lots and 20 common lots. The gross density is about 3.26 Meridian City Council September 7, 2004 Page 31 of 73 .. dwelling units per acre. You will notice that there is quite a variety of lot sizes. We have, in particular, one very large lot here, several larger than average size lots, I suppose, on this area and, then, they gradually get smaller as they work out to this street and, then, you have even some alley-loaded properties here, here, and these are narrow frontages along here, 50 foot frontages. So, there is quite a range. There is also a -- this was submitted with a request for C-N and L-O zoning. I believe the applicants have withdrawn the C-N zoning and are just proposing L-O on both of them. As I mentioned, there is three distinct sections. There is the nonresidential portion up front, the kind of smaller lots in the middle section and, then, the larger lots toward the west. Within the smaller lot section they are asking for a mix of attached and detached homes. The lot sizes run about from 5,900 square feet to 8,000 square feet. Twenty- three of the lots are served by alleys and 35 are front loaded properties. On the west section there are 28 standard single-family residential lots and those lots run from 9,500 square feet to 14,000 square feet and, then, there is the large existing home at the center of the property -- I can't get my arrow. There it is. And that property is 58,474 square feet. The nonresidential properties in front are being requested as a use exception as part of the planned development and, then, the lot size -- or the reductions that they are also asking for from standard code as part of the planned development include the following: Lot size of 5,991 square feet minimum, rather than 8,000 square foot minimum. Lot frontage, a 50-foot minimum, instead of 80-foot minimum. And setbacks -- the side setbacks, instead of five feet, they are asking for a zero on the detached lots. They are the zero lot line residences. Attached. There we go. The proposed amenities originally included aten-foot multi-use pathway. I'll let the applicant give an update on that issue. And that also includes a tot lot or a basketball court and passive recreational amenities, such as picnic benches and a gazebo. I should point out there is a park, open space, that extends from this road, goes down and around up to here, and there is also a large open space at the front of the property. As you can imagine by the folks still here, there was a lot of people at the Public Hearing to testify regarding this proposed subdivision and I'm going to try and quickly summarize some of that testimony. There were several letters and e-mails, approximately 20, that were opposed to the application and they were received and entered into the public record. Testimony was received from several members of the public, especially from Dunwoody, Vienna Woods -- let's see. Dunwoody -- Vienna Woods, I believe, is over here and, then, Edinburgh Subdivision. And also Larkwood, which is this subdivision to the south. The majority of the objections were related to three issues. The density of the proposed development, the proposed commercial use along Locust Grove Road, and the potential for the southern stub street to connect with Larkwood in the future. The stub street, just so you know -- going the wrong way. Sorry. Is located here. It does stub into the five-acre lots. It would stub into this property right here. The LDS church has developed this property and so the stub street comes down into this area here and we have been going through preliminary discussions for a development that would include these properties and, then, the back half of these properties, so that stub would coincide with the preliminary plans we have seen for development on the surrounding properties or the southern properties. The key issues of discussion and questioning by the Commission included setbacks, existing trees, amenities, fencing, stub streets, street buffers, and some concerns about -- with SSC regarding the alley- Meridian City Council September 7, 2004 Page 32 of 73 loaded properties. The key Commission changes to the staff recommendations, they did not approve the C-N zone and recommend that the use exception be annexed as L- O. That was on the annexation and zoning. On the preliminary plat and the CUP, the Commission made a few connections and clarifications to the conditions of approval, defined the required amenities, and added seven new conditions proposed by the applicant at the hearing. And I did want to go over those proposals and they are listed on your preliminary plat recommendations on page four, item number 13. The first is the trees and the five foot planting strip between the back of curb and the sidewalk would be planted by the developer. The grass would be installed by the builder upon completion of the home construction. The builder shall be required to install all front yard landscaping. The builder will provide the developer either, one, a full front and rear landscape plan with a grading plan or, two, a grading plan for all areas which are not landscaped. The builder and homeowner will be required to maintain the grading plan to assure appropriate drainage controls. Third one, the front yard landscaping will be required to be installed by the builder of each home. Then, fourth, the minimum roof material shall be 30-year architectural shingles. Number five. All exterior siding shall be hard board, cottage lathe, or similar materials, stucco or stone. The architectural guidelines will not allow vinyl siding. Six. The front of the homes will be required to have stucco, stone, or other exterior architectural features. And number seven -- this does become an issue. The common area fence design, four feet of window pane, with two feet of open design, will be required as the fence design on any portion which is parallel to the streets and shall be setback at least two feet behind the front of the home. As you will see on the next page of the summary recommendation, the second to the last item, Steve basically says he has no idea what that means and maybe we could clarify that tonight. The police chief did have concerns about the open space fencing in this area. During the hearing we didn't have the revised site plan that showed the stub going to the south and we had anticipated that the applicant would relocate a lot in basically this area here and, then, it would have had a very narrow entrance to this large park, but they did drop that lot. They dropped that lot in the hope that they could maintain afour-foot solid with two-foot lattice along the edge of this open space. The police chief is still advocating for afour-foot or a six-foot open fence in those areas. And, then, the final thing I wanted to discuss was the multi-use pathway. The Comprehensive Plan shows the property as medium density residential, but, more importantly, it has this multi-use pathway shown on it. It would go through the property to the south, it would go along the backside of the LDS church, through this property, and up to the neighborhood center. The idea in locating that pathway was to get it up to the neighborhood center. It does not follow any natural drainage feature or irrigation canal. So, there is always a difficulty in providing a meaningful way for us to get through a development when it's not following a natural feature and staff and the applicant struggled with this and, then, we had this property come through, which left us a short connection from Saguaro, which had -- had proposed amulti-use pathway that basically came across their property, I guess it's just here, and, then, one that went north that would get closer to the neighborhood center or into -- they have sidewalks that go all the way into the neighborhood center. This would -- the multi-use pathway tied into this property at this location, so staff has really struggled, I think, with that as to where the appropriate place would be and I think the final decision was that it may be Meridian City Council September 7, 2004 Page 33 of 73 more appropriate to come through and connect in this location. Now, the Larkwood folks will have some opinions on that as well tonight, I'm sure. But the point was that the requirement for the ten foot pathway was -- was, we thought, taken out and we thought that that is what the Planning and Zoning Commission wanted, but, yet, the motion states that the required amenities include pathways, fixed benches, a basketball court, et cetera. So, we do just need to clarify that that pathway is -- or is not being required as part of this condition. The motion goes on to clarify -- or does not clarify whether the multi-use pathway can be deleted or if it's a required amenity. So, again, we just need to -- that's an outstanding issue. So, the outstanding issues, just to summarize, are the pathway, the condition number seven, which relates to fencing, the issued raised by the police chief regarding fencing -- oh, and, finally, I'm sorry, there is a letter from Idaho Power that was not addressed during the Planning and Zoning Commission. Staff was not aware of it prior to going into the hearing and we didn't notice that it was part of the record until after the Planning and Zoning Commission hearing. Basically, that letter states that the west side of Locust Grove Road is intended for a future transmission line corridor and suggests that it may be appropriate to request inclusion of the proposed corridor on the final plat maps to insure disclosure of the company's intentions. Mr. Siddoway has tried three different Idaho Power employees to try and get an answer. Mr. Dodson, who is usually who we deal with, has been out of the office. He tried -- he was forwarded to several other people and has not heard back. So, despite staffs best efforts, we still don't know much about this proposed transmission line corridor and how we would appropriately indicate that on a future plat. And with that I will end staffs presentation. De Weerd: Council, do you have questions for staff at this time? Okay. We are in the Public Hearing process and since we do need to ask everyone that does provide testimony to be sworn in, I will do it all in one big motion. So, if you are going to provide testimony on any of the items 14, 15, 16, 17, 18, 19 and 20, if you will, please, raise your right hand. Will you testify to tell the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) De Weerd: Thank you very much. Okay. And also just to explain the process, the applicant is given 15 minutes to -- up to 15 minutes. You don't have to take 15 minutes -- to provide detail on the application. The public testimony part is three minutes. And, then, the applicant can respond to the application testifying -- or testifying up to that point to respond at the end of that, which is five minutes. So, does the applicant want to come forward? Shawn, did you get that to Anna as well so she -- okay. Thank you. Nickel: I did. De Weerd: If you will, please, state your name and address. Nickel: Thank you, Madam Mayor. For the record, Shawn Nickel, 52 North 2nd Street in Eagle, here tonight representing SWI Associates and the Leeshire development. Meridian City Council September 7, 2004 Page 34 of 73 • Thank you, Mayor and Council, for the opportunity this evening. Before I begin, I gave the city clerk a lot of information last week and I just want to make sure that you all received my updated preliminary plat and the 12 conditions of approval that are suggested by the developer. And if you don't -- do not have those, I have extra copies that I can hand out. I had read, I believe, seven of those into the record and we have added -- or the developer has added additional, so -- it looks like you have them. Thank you, Mr. Nary. Again, as -- I will try not to use the whole 15 minutes, Madam Chair. As staff stated, this is an application for a preliminary plat, annexation and zoning, to R-4, which is aloes-density residential zoning, 29.69 acres I think encompasses this property. There are 86 single-family dwelling lots, two limited office lots, and, originally, we had proposed one of those to be commercial. We did change that at the Planning and Zoning Commission at the request of the neighbors, the Planning and Zoning Commission, to change that to just an office type of use up front along Locust Grove Road. Excuse me. We also have a Conditional Use Permit for the planned development, which allows us to do that office use and also to provide a variety of lot sizes within the development and also to provide open space within the development. The overall density of the project is 2.89 dwelling units per acre. Also comes out to 3.26 if you take away those office lots within that calculation. The design that you have in front of you and on the screen, what we did is we took into consideration the existing dwelling that was in the development, along with the stub streets in Saguaro Canyon, and the topography and just the overall size of the parcel in making our design work. The three lot types we have are the -- as staff stated, are the attached or zero lot line lots, which range in size, again, from 5,900 to 8,000 square feet, with the alleyways. The intent is to attach the garages and if you look at that colored packet that I passed out, there is some examples of those type of dwellings. Again, the beginning of the project has the office and, then, finally, in that western side is detached lots -- or detached house lots ranging in size from 9,500 to 14,000 square feet, including the existing dwelling, which is on about a 58,000 square foot lot. The average lot size in this development is 8,825 square feet and if you exclude the existing house and that 58,000 square foot lot, it's an 8,241 square feet average for the whole development. And, then, again, the Conditional Use Permit is to allow those mixed uses. The plat was redesigned and submitted to you and staff to show that stub street to the south. That was the recommendation from your staff and also from ACHD to provide that for future connectivity. In doing so we did lose one lot and staff did explain -- we did have the option of providing -- of retaining that lot. We chose to leave it out, to keep that park more open on the frontage. As far as open space, there are 20 common area lots within the development; a total of 3.54 acres or 11.9 percent of the project does have open space. Of that 10.3 percent is calculated within the PD application. Anna, could you put up the park. That park display, please? The amenities included in the open space are -- in addition to the ten percent open space that we are providing, a tot lot -- could you do the black and white one that shows the whole park? I'm sorry. That shows the tot lot apparatus that we are going to provide within the open space. There you go. Thanks, Anna. So, the tot lot area is located here, along with some benches and landscaping. A full half court basketball court, again, with the benches, and two -- I guess talk about what staff brought up with the pathway. When we discussed this with Planning and Zoning, it was indicated that the regional pathway was going to be omitted • Meridian City Council September 7, 2004 Page 35 of 73 i per staffs suggestion. We weren't really fighting that, but it was something that I guess staff explained an alternative location. This pathway within our open space was the pathway that Planning and Zoning -- the Planning and Zoning Commission talked about within their motion. So, to clarify that, that was the pathway within our open space. And so that's what we are providing there. The reason we located this open space in the area we did -- there was several reasons. One was the location of the existing trees that were currently on the property as a result of Mr. Lee's existing house. We wanted to incorporate as many of those mature trees as possible. This lot also provides a better buffer to the Larkwood Subdivision to the south, which are, I believe, on five-acre lots. We believe this is a safer location, because it's not located adjacent to a major street, it's kind of at the edge of two -- kind of a knuckle and a cul-de-sac. It is a somewhat central location to everyone within the subdivision. We -- initially when we designed this, we did meet with your staff and took their suggestions into account when designing the development -- or designing this park location. And -- Anna, can you put up the colored map, please. And, finally, we designed this to provide a focal point for the subdivision, so to speak. If you look at all the landscaping and the detached sidewalks that we are providing along the main roadway, you will see that there is a kind of looped pathway system throughout the development. Back out. We are trying to provide a pedestrian friendly environment, a lot of open space, the detached sidewalks, to provide a more safe circulation pattern. Again, the density we are proposing overall is 2.89 dwelling units is per acre. The Comprehensive Plan that was adopted in 2000 calls this area out as medium density residential, three to eight dwelling units per acre, which is equal to an R-8 type of zone. Again, we are below that minimum for that -- for that zoning. We are asking for the R-4. Also within your Comprehensive Plan residential is defined -- the definition of residential states: The purpose is to provide a variety of housing types. We are also adjacent, as staff stated, to that future designated neighborhood center and the concept blends higher densities, small scale commercial, entertainment, and open space geared to serve all residents within a one to two mile radius. So, again, I believe that this development and its location to that future neighborhood center, is a perfect -- they are a perfect fit for one another. And, then, finally, one of the policies in the Comprehensive Plan is encourage appropriate development of open space to serve as buffers and transitional areas for existing developments. I believe we have done that with not only the location of a park in this location, but also the proposed buffer along Locust Grove for the proposed office use. We believe this development is compatible with the surrounding land uses, zonings, and densities with the area. Again, to the west you have the Saguaro Canyon Subdivision, which is a 3.29 dwelling unit per acre density. Again, the south, providing that transitional, and also the LDS church is located right about here and, then, the larger lots within Larkwood are down in this area right here. So, again, the park buffer and, then, these three lots. There is two lots that we abut in Larkwood, so we are providing a -- basically a three for two ratio, which we believe is a good transition for that. And, then, to the east, again, we believe -- we believe the offices actually provide a nice buffer. Again, we took out the possibility of the commercial and we believe that provides a nice buffer to the developments to the east. Also to the east is the Vienna Woods Subdivision, which is located approximately in this area right here and their density is approximately 2.7 dwelling units per acre and it's zoned currently R-4 within Meridian City Council September 7, 2004 Page 36 of 73 Ada County And, then, the Edinburgh Subdivision, which is immediately to the south of Vienna Woods, is a 3.48 dwelling unit per acre density. Those are both within the Meridian impact areas. Further to the east of that is the Boise city and those subdivisions, Austin Creek and Bristol Heights, are 3.3 to four dwelling units per acre. So, just to give you kind of an idea of what is surrounding this subdivision. The Planning and Zoning Commission did recommend approval of this plan. They did in their motion recommend very strongly that we have another neighborhood meeting. We did hold -- we held one neighborhood meeting prior to submittal of this application, it was only attended by I believe four or five individuals. After the P&Z meeting we notified the homeowner association representatives, the applicant met with them and, then, had another neighborhood meeting, so we basically have three meetings with the neighbors to try to get their input, find out what they would like to see, try to help out as much as we can with their concerns. I believe we did meet a lot of their concerns. There is going to be some people tonight that are going to speak in opposition, but we did the best we could with the neighbors that we did meet with. Some of the -- I guess the suggestions from the neighbors that we have worked into those 12 conditions of approval that you have in front of you, were the buffering along Locust Grove and the entrance within the subdivision I guess prior to the future development of those office uses. And, again, those uses are not proposed at this time, we are just proposing the zoning. Those will come back for review to the city once the uses are bought out and designed. Access of those future uses onto Locust Grove were also an issue. ACHD, as one of their requirements, is limiting our access to the internal street for those uses and we are in agreement with that. They also agreed to 1,600 square foot minimum house sizes throughout the whole subdivision. That was a concern of the neighbors. I provided you with a petition in the packet to the city clerk and we had 69 total signatures on that petition from surrounding neighbors who were in favor of the application. We did work with your staff, provided the revisions and the information that they wanted. Regarding the fencing, the applicant did meet with the police chief I believe yesterday and worked out the fencing along the park to the south. There was a concern regarding visibility when patrolling the streets in that parkway, so what the developer agreed to with the police chief was to provide a six foot high wrought iron fence along the back of the existing house lot through here and right here. Again, to provide that visibility that the police chief was looking for. So, I believe that's been resolved. I addressed the pathway, the regional pathway, and if you want to talk about that anymore, you can ask and we can talk about that. And, finally, the developer is going to get up in a moment and he's going to talk to you a little bit more about the housing types. He's also the builder, so if you have any specific building -- or construction questions, feel to ask him that as well. I think I'm done. De Weerd: And, Shawn, I guess the builder only has like a minute that left of your time, your presentation time, so I don't know how much he would have -- Nickel: He wouldn't be part of the three-minute normal testimony? Okay. You have got a minute. Meridian City Council September 7, 2004 Page 37 of 73 De Weerd: I do have a question. You show the access to the office area and I don't see it on this plat, but how much room before you have to turn into those areas between the entrance to Locust Grove? Nickel: I don't -- Madam Mayor, I don't know if these are to scale. The ACHD report -- and Icould sit down and bring that back up at rebuttal. ACHD has a recommendation on the distance between Locust Grove and the entrances. De Weerd: Okay. Nickel: So, I will have that for you during rebuttal. De Weerd: Council, do you have any questions for the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Shawn, on that area there on Locust Grove, I mean you have got some trees, it's nice and green like it's going to be grass, but it's really a parking lot and buildings; right? Isn't that what's going to be there? It's not going to be this grassy slope with buildings on it, it's going to be -- Nickel: No. No. There would be -- Nary: Is there trees along Locust Grove? Nickel: There will be trees and a berm along Locust Grove with that. But, no, this is not going to be landscaped prior to those uses coming in. Nary: How big is this buffer here? Is it 35 feet? Nickel: Yes, sir. Nary: Thank you. De Weerd: But that will be developed as the subdivision is -- Nickel: That and the entrance into the subdivision will be part of the initial development and, then, the office uses will come later on and, then, we will incorporate that landscaping into their designs. De Weerd: And is the sidewalk attached or detached? Nickel: The sidewalks are detached. Meridian City Council September 7, 2004 Page 38 of 73 De Weerd: Along Locust Grove. Nickel: Along Locust Grove detached. De Weerd: Detached. Okay. Nary: Madam Mayor, just to follow up, this green space here, you have got trees running through it in this line. Is this a drainage in there? Is that what that is? Nickel: No. There is going to be no drainage within the open space areas. Nary: Is this a path? Nickel: That's a pathway with trees. There will be some benches in there. It's more of a passive open space and the active amenities are within the central park. Nary: And there is a box here. Is that supposed to be like a sign or something? What is that? Nickel: Yes. Nary: And, then, this is a pathway as well along here? Nickel: Yes, sir. Uh-huh. Nary: Okay. All right. Thank you. De Weerd: Any other questions? No? Nickel: Thank you. De Weerd: Thank you. And we still have a minute remaining. Does the -- Tepalo: I'll try to push it into one minute here. De Weerd: If you will just state your name and address. Tepalo: My name is Barry Tepalo and I'm at 4700 North Cloverdale, Boise, Idaho. De Weerd: Thank you. Tepalo: We had eleven conditions that were proposed at subsequent meetings with the neighbors and we met seven of those conditions. In addition, we added an eighth one, which was clarifying that zero lot line. The purpose of the zero lot lines in here is to attach the garages to alleviate those in the area where we have alleyways or garages placed behind the home, so that we don't have a loss of space in there. If you could Meridian City Council September 7, 2004 Page 39 of 73 \J bring up those other pictures, you can see what we are talking about on the areas. You can see right here how we have attached the garages and an example of it is right on that piece right there. So, what we are doing is alleviating that, we are not looking to attach the unit. So, we don't want to have the homes themselves done. But, then, also we talked about concerns that the neighbors had about product. We had tried to alleviate those. We took them on a site that we are building other homes on, so that they could see what we were doing as well and we also believe that taking the transition from the 5,990 square foot lots, allowing some of the uses in the front end to be homes, would allow a good transition to the larger lots. And I'll finish in a later time, then, for you. De Weerd: Okay. Thank you. Any questions, Council? Bird: I have none. Rountree: None at this time. De Weerd: Thank you. Okay. We do have a number of people who have signed up and I will apologize now if I mutilate your name. We have Dan Battazzo. Dan, if you will just state your name and address. Battazzo: Dan Battazzo, 5306 North Larkwood. If you could put the picture of the subdivision, including Larkwood Place on the screen. The main concern that I want to address, because I think a lot of other people will address the issues of the subdivision itself, is that stub street -- Canning: Sir, there is a laser pointer at the podium, sir, and you can just use that. That way they can hear you. Battazzo: All right. The stub street that will cross these two six acre lots, okay, my lot is this one right here. It's actually a pair of lots. I want to point out to you that Larkwood is a subdivision that has a set of CC&Rs, nobody seems to be responsible for enforcing CC&Rs, but what I'm asking you to do is to honor them. They are covered by instrument number 8953386 with the county and, in addition to CC&Rs and a homeowners association, the Larkwood Homeowners Association has in fact, incorporated, it is a legal entity. My reason for bringing that up is as follows: Those two six acre lots that we talked about crossing at some point with either an additional subdivision or being aimed at by that stub street come under those CC&Rs and come under the bylaws of that association, they should not be able to developed without the okay of the architectural control committee of that subdivision and it appears, by the City of Meridian, putting a stub street aimed at those two particular lots, that it seems to be a foregone conclusion that development is going to take place there. The people that built that subdivision intended for it to be a large acreage subdivision and don't intend for it to be a thoroughfare to large numbers of lots, either to our east or to our north, and so what we are asking you to do is not put in place a piece of infrastructure which • Meridian City Council September 7, 2004 Page 40 of 73 clearly says that Meridian intends to develop an area that the people of that subdivision have no intention of allowing to be developed. That's all I have to say. De Weerd: Thank you. Any questions? Canning: Madam Mayor? De Weerd: Yes. Canning: The -- for the Council's information, those two lots are not part of the Larkwood Subdivision, so you may want to question the applicant as to whether he is aware that they are specifically included under the CC&Rs. Battazzo: May I answer? De Weerd: Yes. Battazzo: The CC&Rs, if you check that particular number that I gave you, describe under Section 5.06 those two lots as existing lots and specifically state that those CC&Rs are directed at those two lots, in addition to the ones that are specifically part of the Larkwood platting. In addition, the incorporation of Larkwood Subdivision had as signatory the owners of those two lots at the time agreeing to those bylaws. De Weerd: Thank you. Brad Alvaro. If you will please state your name and address. Alvaro: My name is Brad Alvaro, 5571 North Bach, Vienna Woods, Meridian, Idaho. De Weerd: Thank you. Alvaro: I just want to make a comment. I'm against the proposed plan and the reason for that is two issues. First of all, the long-term Comprehensive Plan for Meridian stated in there there was no commercial, retail, or office space in that area. The second reason is if you look at the proposed plan up front, the lot sizes are extremely small. If you look at the layout, it does not fit in with the rest of the residential community. One of the reasons -- four years ago I lived in Boise and I lived near office space and retail and commercial. The reason why I built out here is because of this, that I knew that there wasn't going to be any office space or commercial space out there and I'm really concerned about that and I just wanted to voice my concern. Thank you. De Weerd: Thank you. Rick Hansen. If you will, please, state your name and address. Hansen: Sure. My name is Rick Hansen and my address is 4864 North Larkwood Place. And I thank you for taking my testimony. I'm the president of the Larkwood Homeowners Association and my first comment is we were not contacted about any homeowners meeting or any neighborhood meeting regarding the proposed subdivision. My main objection to the subdivision -- I am opposed to the subdivision as planned. My Meridian City Council September 7, 2004 Page 41 of 73 • main opposition is the high density of the smaller lots. 5,900 square feet is, in my opinion, too small and it's inconsistent with the surrounding neighborhoods. Larkwood Place is immediately to the south of the subdivision, primarily composed of two and three-acre lots and I think this is an inadequate transition to that existing neighborhood. Further, I'd like to say that it's inconsistent even within it's own subdivision, 58,000 square feet on one end and 5,900 square feet on the other end within 27 acres I think is an inadequate transition. I just want to -- I know there are others that want to speak and I just wanted to say that I opposed this subdivision as planned. Thank you. De Weerd: Thank you. Mark Miller. M.Miller: Madam Mayor, Council Members, with respect -- my name is Mark Miller. My address is 1906 East Dunwoody Court, Meridian, Idaho. De Weerd: Thank you. M.Miller: I would respectfully request -- I have a list of a number of people who have signed asking for me to speak for them. There is 14 additional people that -- De Weerd: We have your letter. M.Miller: Oh. Thanks. Is there a possibility to get some extra time to speak for them? Is that a -- De Weerd: Yes. You have ten minutes. M.Miller: Thank you. I think I'd like to present my comments -- or basically the way the whole Council meeting started, with a request to look at the larger picture and the long- term of what we are trying to do. I would insert an agreement with Larkwood that the developer, all contrary to their testimony, as far as I'm aware, never contacted the homeowners association to discuss with us ahead of time this subdivision and I am aware -- been made aware by staff that it was a recommendation that they do contact us and talk to us. However, because of 300-foot rules, they decided to only restrict themselves to what was minimally necessary. We agree as you look at -- can you put up the plat for me of their subdivision, just the -- there you go. I think if you take the overall picture, you may also get the same impression we did or the Zoning Commission actually commented on, that does this subdivision really make a lot of sense and I believe that the developers have misused the Conditional Use Permit system to create a subdivision that meets only the specific needs of very very few people, not the local community that would be built there, not the surrounding neighborhood, and not Meridian at large. I'll ask you who is served by this subdivision. Zero lot lines, R-4 zoning, if you look at the front area, average lot size is probably more in between 6,000 and 7,000 square feet for nearly 70 homes and consider how many are being presented. We are firmly against this type of subdivision, which uses a law of averages, you could put up one huge lot in the back and make them even half the size in the front and still pass zoning laws, supposedly. We are just regular citizens trying to figure out Meridian City Council September 7, 2004 Page 42 of 73 why people are doing what they are doing, but I think it's pretty obvious what's happening here. We also strongly opposed the light office space be placed in the front. If you -- we have read in the comprehensive city plan that the conditional uses under Section B will be harmonious with the Meridian Comprehensive Plan. As Wendy Newton-Huckabay said, what's the need -- it doesn't appear that there is a need for commercial space. If you look at the overall city plan, which I can point to here, the subdivision that's being proposed -- can you see that or should we put up the city plan? Is that a possibility? There is a multi-use pathway or a greenbelt that we hope stays where it is, because the intention, as staff mentioned, is to bring the neighbors into the " neighborhood center. This is the commercial light office space that is planned in the plan and there is none here. We trust that the city will follow the plan as it's presented, because the conditional use, to put in light office space, has no benefit to the surrounding neighbors or to the people who live here, since they can walk less than a quarter mile up to the neighborhood center along the already planned pathway that exists. Obviously, we in Dunwoody over here don't want to move the pathway over here, because now we won't have any access to the greenbelt, which makes no sense, and so I reiterate Wendy Newton-Huckabay's comment that is it really needed there and will it serve the purpose that conditional use was meant to be or is this misuse? There also are no restrictions, apparently, on what the architectural plans will be, there are no plans that have been provided. We ask the developers to put restrictions on what could be built there. They were, obviously, unwilling to do so, as it's not in the proposal and as noted in the letter from Vienna Woods Homeowners Association as well. I think that the commercial, as mentioned by the person who was here prior explaining it, said that it would be a nice buffer to the subdivision to the east, but if you look in the city plan, L- Ozoning is designed, quote, to act as a buffer between more intense nonresidential uses and high density residential uses, mentioning townhomes and apartments. It's not a buffer between low-density agricultural uses and proposed R-4 low-density units. It's interesting -- and if you can go back to the plat of the home -- of the subdivision for me one more time. We, therefore, would request -- at least our request is that we remove the light office space that's not needed here, since also there is no light office space less than a mile away at Heritage Commons. There is light office space in Austin Creek and around the corner all over the place on Eagle Road. The street here, according to Ada County Highway, is only slated to be a three-lane highway. There is no plan for it and the long-term plan by a paid commission was to keep it that way, since lowering their standard here, there is only the maximum of three lanes along Locust Grove. Putting the commercial will bring in the traffic and who knows what that will mean for having not followed that plan. If you go back to over here, it's also interesting that the backyard of the current homeowner is where the park is supposed to be. Now, it's interesting also that the police chief has asked us for four foot fences, because the obvious problem is that who is going to -- of all these people who need the park, are they going to send their children back here into his backyard to play, when there is only ' this tiny opening for people to watch and the police chief recognized that no one is watching in this park. Would you send your children to a park where no one can see who is playing there or who may be behind trees or around there? It's interesting that they said it's a super location in his previous testimony here and a central location. propose that a central location would be here, maybe adjacent where all of the high- • Meridian City Council September 7, 2004 Page 43 of 73 density homeowners could actually access and use the park. Wendy Newton- Huckabay also said it seemed like -- at least in her comments, that this is an ill-placed park for the community at large. So, I think overall we just have some real concerns about the intentional use of this planned development -- David Zaremba also talked about the fact that he did not believe -- or he questioned whether this type of density was appropriate for this part of Meridian. There is no bus turnouts to bring all of this density downtown. Why would we want to put this high density -- it is an inappropriate transition -- can you put up the bigger picture one more time and I'll finish my comments. Of all the subdivisions around. That's fine. Of the large acreage lots that are around here, which I know they are not building much anymore -- and we are not against development, but this is the buffer between all this and you can see that although they claim that the subdivision is less dense than Saguaro, how much opposition was there for that, as opposed to the obvious misrepresentation in some ways of what is trying to be done here. Our recommendation is that the commercial light office space be removed, the front area be expanded to large units of 8,000 square feet, which is consistent with Vienna Woods and the regional -- and the area close to us and they possibly can use the commercial space to make that expansion possible and to move the park to a place where it will be beneficial, so the people don't have to go somewhere else to take their kids, like to Vienna Woods park, in order to have enough viewing. And I thank you for your time. De Weerd: Thank you. Steve Wright? Sally Adkin. Adkin: Hello. My name is Sally Adkin, I live at 1970 Dunwoody, and I happen to be a teacher at Discovery Elementary School. That's the school that these children living in this new subdivision would be going to. And I just have a few little pieces of information for you about that. We ended last year at my elementary school with about 570 students. We opened this year with 750. And our school does not have a cap on it, that means that students still coming through the door this year will come into our school and we will enroll them and teach them. I have 31 students in my 3rd grade class and I know that this is kind of an ongoing problem in the Meridian School District that we don't seem to ever have enough space for children in high density areas and that's a huge concern of mine, because it's also affecting my children, because they are going to those same schools. So, anyway, I just thought I would put in my little two cents in there, because that is a concern of mine that I have at this time. So, thank you very much. De Weerd: Thank you. Michael Gardner. Richard Galloway. Okay. I made it up. I'm sorry. Does Trudy -- okay. Grant Lee. Lee: Grant Lee, 5603 North Locust Grove Road. I think I'm the cause of all this here tonight. In addition to the signatures that you have, I have a couple more pages. I have also got another petition that says we are neither for nor against, but we are neutral. Craig Bruneel asked me to read his name in. His main comment against was he said he's undecided at this time. He's not opposed, but he is opposed to any stub road that goes from our property into Larkwood. • Meridian City Council September 7, 2004 Page 44 of 73 De Weerd: Your petitions in favor or against? Lee: In favor. De Weerd: Okay. Lee: I did visit with most of the people in the Larkwood Subdivision. As you know, notices go out to those within 300 feet. I did visit with -- including Mr. Hansen. The majority of the homeowners have signed the petition. I've got a map that's outlined in yellow and that includes the people that have signed in favor. The pink areas are the two people that were neutral. The green areas are the school and the churches, who normally don't get involved in these kinds of things, but in talking to Wendell Bigham, he said if you have any questions, feel free to call him. And the Mormon Church, Ron Clark, dittoed that comment. You can pick any street in any subdivision and you can go up and down the street and find people for and against just about anything. Going through Vienna Woods on Brigadoon Street there were two letters in opposition. If you look on the petitions, there is also someone from Brigadoon who signed in favor of. On Chopin, Mark Robb wrote a letter in opposition. I visited the homeowners on either side, Phil Jacobs and also Ron Ferguson, both of whom signed the petition in favor of the subdivision. Most of the people that were opposed were opposed because of density or because of the commercial space for the two offices -- two acres of offices on the front. One comment that disturbed me in visiting with a family last night was the comment: I don't want my children to go to school or to church with those people. I wish they would say that comment here tonight. Going through Vienna Woods, the homes that are for sale, I pulled the fliers and you're welcome to add those to your file. They range in price from 204,000 for a home on Comisky Street, up to 600,000 for a home on Schubert. That's a wide wide wide range of homes, 509, 384, 375, 289, 227 -- these are the homes that are available as a mix. I think our subdivision also has an excellent mix for what's needed. An area photo shows that in their square mile there is office space in Austin Creek, there is office space along Eagle Road, and there is office space on McMillan Road. Each of those has particular uses. Dr. Galloway happens to be our dentist. He's a very good dentist; we have gone to him for 25 years. My wife has an appointment this week. De Weerd: Sorry. If you will wrap up, I'll give you a few more seconds. Lee: Okay. His office is within a square mile, 15 feet from his fence to the next house, 11 feet from his business to the fence line. We provide a lot more buffer for our proposed commercial office space and it is needed, it's on three sides of their square mile, they want it in their back yard for them, but they don't want it in their front yard, which is for us. De Weerd: Thank you, Mr. Lee. Do you have any questions, Council? Nary: Madam Mayor? Meridian City Council September 7, 2004 Page 45 of 73 De Weerd: Mr. Nary. Mr. Lee? Nary: Mr. Lee. Lee: Yes, ma'am. Nary: What's your position -- and I have heard a couple of folks here, I've seen it in the comments, and it came up at the Planning and Zoning meeting, that the open space is really just your back yard. Lee: I've heard them say that. Originally, this land surrounding -- if you could show that -- we built our house right in the middle of what used to be a horse race track -- okay. I've seen kids use these things. There was a 5/8ths mile bank racetrack right around here. We built our house right in the middle of it purposely, so that we would block Jericho Road from being extended into Larkwood. We got a letter from the highway department -- that's the first person that's ever said thank you, Grant. The highway department gave me a letter saying it was not their intent to connect this road. Somehow I don't always believe government officials. So I plot my house right there in the middle. The park is a buffer between us; it takes up some of the 35 foot space, which is still a horse race track. It takes up some of that space. It takes up some of our acre and a half backyard that takes me four hours to mow. Those that came to my home for the neighborhood meeting know what a big backyard that is. The six kids that we had when we started this home 12 years ago are all gone. It's me and momma, I'm tired of mowing, I want a smaller backyard, I don't want to move. That is a buffer from our friends in Larkwood who we spent many many hours in trying to organize the Saguaro Canyon Subdivision next to us, to match up and fit with our subdivision, just as we spent time with the Arcadia Subdivision people in matching up lot for lot our lots along that subdivision. But to answer your question, is this part of my backyard or is somebody in Vienna Woods saying are you paying somebody to mow your backyard. This is not going to be my backyard, this is going to be a park space and we intended it to buffer between us and Larkwood -- our Larkwood neighbors. De Weerd: Thank you. Lee: One of which said thank you. De Weerd: Thank you, Mr. Lee. Darwin Porter. Porter: Darwin Porter, 5780 North Locust Grove. If I could see the -- let's go down one on this if we could. Okay. One -- let's go one where we show the -- it's yellow in color think. It's the Comprehensive Plan. There we go. This is my home right here. We have a home on one acre with four acres of open space. My concern here in looking at a little bit of the Planning and Zoning regulations and so on, it states that the qualifications of a new development suggest that it should fit in with the existing environment and not be out of character with the surrounding environment. Our • Meridian City Council September 7, 2004 Page 46 of 73 suggestion is that half of this development is in character with the surrounding environment, the other half and the commercial are not. There is a total of 23 lots that are 6,000 square feet, 24 lots that are 7,200 square feet, 24 lots that are 7,800 square feet, so there is 71 lots that have an average of about 7,000 square feet on them. About what, 18 lots that are over 8,000 square feet? So, I guess my main concern is the size of the lots. I would like to see larger lots. I would like to see a minimum of 8,000 square feet. I think that Vienna Woods has set a tremendous pattern for buffering against the rural ranchettes that are here. I think that we could do something similar to that here, if the commercial was eliminated up front. Then, I guess one of the other concerns that I have is that Meridian follow the Comprehensive Plan that was originally set forth and that that path should not be moved. This is really our only access to be able to continue around and move into some of these other subdivisions. We go on walks now over to Vienna Woods. This is a wonderful park, it can be seen on almost all sides, so there is a lot of viewers. The park that's located here is a real concern to me in that it's not going to be visible, especially once the trees get built up. Thank you. De Weerd: Susan Porter. S.Porter: Susan Porter, 5780 North Locust Grove, Meridian, Idaho, in the Dunwoody Subdivision. I'm with my husband there, living with our six children, and so I really also enjoy this park over here, but it would be nice to have a park over here, but it is way in the back. I'd just like to -- as a mother, having a whole lot of kids, being in that high- density area, I just disagree with the high-density area. If I lived in a high density area I would want to be able to see my children if I sent them to the park, but you can't see them from the home if you were living in that high density area. So, beyond the small lot sizes, which I oppose, I feel the park is out of place and it's really just the existing homeowner's backyard. The park should be located for central access and better visibility. In addition, Meridian city really needs to know what it is like to drive these roads. I have three kids in activities and traffic is backed up a half mile now at McMillan Road. What would further density do for us? As a mother I'm asking you to please decrease the density and move the park to a better location. Thank you. De Weerd: Thank you. Okay. Michelle Boardman. Bill Wiser. Wiser: Got it right. De Weerd: I knew I would hit one right tonight. Wiser: My name is Bill Wiser, I'm at 1842 East Dunwoody. I guess I'd like to talk about the whole development as a whole. We have heard a lot of details about the park and I agree with what I have heard. And also I'd like to thank you for your time tonight, as well as the volunteers that came tonight to help point out issues that can affect the long- term development of the area around us. They are giving up time from their families, helping with homework, school is back in, to be here to talk about these things, they are not paid like the developer and the short-term gain of the people that -- this Leeshire plan does -- to me, in my opinion, does not follow the intended Comprehensive Plan • Meridian City Council September 7, 2004 Page 47 of 73 and if he did, he wouldn't be using the planned development subset of rules that I went on the Internet and researched, it seems to me that whole set of planned development rules was put in place to -- among other things, around the mixed use areas, to help fill in areas near Meridian where you have a lot sitting -- that's been surrounded by some commercial and some residential and this gives an opportunity for somebody to bring before you a plan to finish that lot and blend it into the surrounding area. Here we have a case where I believe that that whole rule was misapplied to an area that isn't built up. It's almost a blank sheet out there and what you do have is some very large lots, as well as some very well planned subdivisions that followed the regular zoning rules and we are trying to misapply that rule here and take advantage to the tee and if you go in and read some of the restrictions for things that this planned development should have, I'm not sure he meets it, but if you go through it with a fine tooth comb, well, maybe he does by the letter of the law. But'the fact is he's pushing it to the limit and it's misplaced and I think it's a temporal thing where it doesn't -- this type of zoning and this plan should not be put in place out in an area that isn't meant to be a fill in. One of the flaws in that plan is it doesn't talk about how this has developed over time. One of the -- the only thing it says is the developer has five years to implement this plan and after five years if he doesn't do some of this, it reverts back to the zoning -- previous zoning. Well, what's to keep him from building the very dense houses, the price of lots so high back here they don't sell after five years, the zoning says, well, you can't put those big lots in there, you got to make them smaller. So, now he's got awin-win and we are left with something that we intend to have out here in this nice area we have where this does not blend in. So, I think that somebody's pushing the zoning and the rulings to the limit that was written for a different application and I think a lot of loopholes and if you let them do this, then, the next guy next to them will say, well, you let him do that, I should do that and you're going to have a zoning meltdown out here in the middle of a very nice residential area today. So, that's my concern and I hope you, you know, say this doesn't belong out here, go use the regular zoning rules and come up with a plan that looks more like Vienna Woods. So, that's my opinion and I thank you for your time. De Weerd: Thank you. Dale O' Brien. O'Brien: My name is Dale O' Brien, I live at 5690 North Locust Grove Road, Meridian. Our five-acre parcel is directly across the street into the entrance to this subdivision, so we have probably more to suffer more than anyone, if there is to be a suffering, because that traffic will come right out into our driveway. When I first saw the proposed plat, I was somewhat taken back by it because of the density in the homes in the front, but after I got talking to the developer and seeing the quality of the homes that were going to be built overtime changed my mind, so I am in favor of that proposed development. The concerns we had, the buffering, the lighting, any of the concerns that my wife and I had in the beginning have all been addressed by the developer, so I think that they are going out of their way to try and get as much community favoritism for this development as possible. I know there is -- as westerners we are always in -- you know, we have always had the ability to buy big, to be big. Over time, since I have had the five acres, I wish I had a 600 square lot because of the weeds and the things that have to maintain. So, as you grow older sometimes your feeling about the size of Meridian City Council September 7, 2004 Page 48 of 73 everything changes and I guess that's my opinion on this specific development is there are large areas, there are small areas, but we are not always in the same mind set. So, think it offers some variance for all. Thank you. De Weerd: Thank you. Susan Rammel. Rammel: Susan Rammel, 5690 North Locust Road I live right across on five acres next to the Porters. very good to speak with us and very -- if I ever h~ could talk about it. Some changes they made that ~ berm with the fence was really important. I was they said that the lights would shine down. I was homes and from looking at the things that they hay very nice homes. So, I speak in favor of this also, would like to have you make a note of and that is -• listening to people talk about -- I would like in t entrance into -- if the office building is to remain, My husband is Dale O'Brien. And I felt like the developers have been d a question, I could call and they rere really important to me were the :oncerned about light pollution and ~Iso concerned about the quality of e produced, they look like they are But I do have two concerns that I I hadn't thought of that until tonight ~e future that there would be one would like that indicated that that could not be changed in the future and the other thing I was concernea about was i realized with the office buildings if that can be changed, that I would like it stated that those could only be one story and that that could not be changed in the future through some funning zoning situation. So, sometimes I think the mind can only comprehend what the seat can endure and you have been sitting here for a long time, so I do speak in favor of this, but I am concerned about how the front of that will be with the office building, one story and one entrance. Thank you. De Weerd: Thank you. And, finally, Kent Boardman. Boardman: Hi, Madam Mayor. My name is Kent Boardman, I live at 1874 East Dunwoody. Just I'm actually a new resident there, just moved there, purchased the place in July. And it's kind of ironic, because the place I came from was Cameron Park, which we happen to have had battle with another subdivision, the Hubble Subdivision that went in next to that development, and Shawn was, ironically, the same person and it's ironic that we hear -- I'm hearing the exact thing here that we got there and there was supposedly meetings that didn't happen, that neighbors were supposed to be informed, have input, but didn't get it. And it seems to be a recurring thing. Obviously, you have heard a lot of people opposed. Obviously, there is not a consensus and the issues that we brought up are not being heard. One thing I want to point out, I have a child in high school and one in middle school. I had no idea when I moved in that area that it was going to take me 50 minutes to drop off those two children, because of the roads the way they currently are. I can't even imagine adding anymore traffic, especially with that -- the density that exists in that thing. I mean it is a flagrant abuse of the planned community. I mean that just -- it's obvious you have got an area of nice homes in the back and, then, just a crammed bunch of small, inexpensive homes up front. I mean let's just call it what it is. And it, obviously, is not taking into consideration the neighborhood around it. I mean I have lived there since July, I don't know when the notices went out, I have yet to receive one, so -- and I live just right across the street in Meridian City Council September 7, 2004 Page 49 of 73 the Dunwoody Subdivision. So, please, hear us, make the developer meet with us, make the developer listen to us, make him take into consideration our concerns and do something about them and not just give us lip service. Thank you. De Weerd: Okay. Those are the names that have signed up. Is there anyone else who would like to testify? Papke: Thank you, Madam Mayor; my name is Jeff Papke -- De Weerd: State your name and address. Papke: I live at 4989 North Larkwood Place. Right down here. I did sign my name on one of the petitions for Grant Lee in favor of this subdivision. And the only reason I'm testifying tonight is some new information that I heard from the staff report where they are talking -- if you could go to the Comprehensive Plan. In regards to the walkway, the pathway here, and all of a sudden learning tonight that, oh, the idea is now to jet right through Larkwood and I consider how can you do that when this is county land and, then, if it's not -- you'd have to annex us and that makes all these feelings come up in my opinion. And, you know, having seen this, I am thoroughly in favor of the Comprehensive Plan, I like the path where it's at, I also will second Mr. Hansen's comments on the stub street to the south. I think the developers are in agreement here, too, that we -- it does give no use for anybody, particularly from the Larkwood's point of view, subdividing those back lots, will be along way away if we have anything to say in it, whether it's just through our neighborhood or through legal action. We are all adamantly opposed to having lots back here -- I have seen the conceptual plan, right now there is 20 lots there, but who's to say the -- the density up here if it goes through, that all of a sudden those lots become 40 lots and there is a great discrepancy there, in my opinion. Thank you. De Weerd: Thank you. And I'm assuming all of you raised your right hand, so -- Lewis: Yes, I did. De Weerd: If you didn't, just let me know and I'll swear you in. Lewis: Okay. Thank you. My name is Lori Lewis and I live at 2000 East Dunwoody Court, Meridian, Idaho. And I heard you say earlier today in earlier hearings and so forth that just, you know, comments like, you know, we are not quite sure what it's going to look like five years from now and the exciting part for you is that you are all in positions where you have -- you can make decisions that determine exactly what the City of Meridian is going to look like five years from now, ten years from now, 20 years from now, and we have a plan, a Comprehensive Plan, that maps it all out and lots of very smart people put a lot of work into that and my plea is today that -- is that as you're making these decisions that you really look to seek the truth, that you not -- you're not cloaked by a shell game where folks are trying to manipulate the system and say, yes, we are in -- in compliance with the Comprehensive Plan, because we happen to have -- Meridian City Council September 7, 2004 Page 50 of 73 because the law of averages make it so. So, my point is that -- is that for you is as you're making these decisions, consider the long-term, consider what sort of Meridian you want to try to build. Do you want to try to build a community where you have an alignment between what is built there and the services that are there to service the community, whether it's the police force, fire protection, schooling, safety -- I mean all of these things have to be considered and what we are seeing today in this subdivision is that that puts -- the designer doing this subdivision puts all of that at risk. We have talked, we have heard testimony about the concerns over traffic, we have heard concerns over the school district and crowding and all those sorts of things and my -- my -- what I'm urging you to do is to take a look at it from along-term standpoint and look at really what you're seeing. In this subdivision that's proposed -- and if you can put that -- that drawing up. What you will see is that -- and I think you have heard testimony to this, too, is that part of the subdivision absolutely is wonderful and it is -- it is compatible with what surrounds it and it's that back section. It's the section where the homeowner can currently exist and if you really look to what that design says, is that the homeowner has really put a buffer between himself and this Dr. Seuss sort of design. mean these -- even within this subdivision there is no -- there is consistency in the design. And so what our position is is that we would love -- I mean we are not against any development, that's for sure, but let's have the development look more like that -- the back end, than the front end. Okay. That's all I have to say. De Weerd: I know Mr. Miller spoke for someone. E.Miller: Oh, other neighbors. I promise not me. Even though I'm his wife. He doesn't speak for me. My name is Elizabeth Miller, I live at 1906 E. Dunwoody Court. I just have two quick points. Number one, I want to point out that the couple here that spoke in favor of it that live across the street from the new development that abuts up to Dunwoody, they have -- we understood that they are in -- have discussed things with the developers to develope their land similarly. So, I think financially they have a reason to support this development, because they'd like to make some money off of their land, their five acres, which they don't want to mow anymore. And, you know, that's fine, but I think that's a consideration of why they are in favor. Number two, I feel very strongly about the Comprehensive Plan and I -- as a walker and a runner and I have four little boys, three of which are four year old triplets, I feel very strongly about having a walking path. I feel like that's one thing that we don't have here in Boise -- in the Boise area that I have enjoyed in other places I have lived. We want to encourage people to drive less and walk more and use their cars a lot less and if you don't have that path like you -- like the plan has said, you're going to create a ton more traffic. We would walk across -- tons of us neighbors would walk across and go into the neighborhood center. If you cut up like that, just to save yourselves a little bit of money and time, you're cheating a lot of Meridian of -- all this area is going to develop some day and all of us, a lot of recreational opportunities and what makes our community nice is those kind of nice things you do, which really make it a place people want to live, not cutting corners to make some money for a developer or the person that owns the land. I feel very strongly about that. Thank you. ~ ~ Meridian City Council September 7, 2004 Page 51 of 73 De Weerd: Thank you. Centers: Jake Centers, 2011 Locust Grove. I'm speaking in favor of the subdivision. I'd like to applaud the developers for offering a variety of different home sites. It's nice to see something different than the same subdivision full of the exact same lot sizes and home sizes. And I know that is a great need for smaller home sites with less maintenance. I'm part of the home building team in Heritage Commons and I'm one of the builders that built the alley-loaded homes in that subdivision. They all sold very well, a strong demand for them, and those lots were only 32 feet wide. So, I would hope that you guys have taken a tour through there and seen how that turned out. Most of the people I have talked to speak very highly of it, so -- and those home -- their values were actually more per square foot than your traditional home sites. So, it's very possible to have smaller home sites with smaller homes that hold their values very well. And in speaking to the L-O sites, personally, my office is on an L-O site that buffers residential and it works out very well. The -- from the home building side, home sites that back up to roadways never sell very well, they are always the last lots to sell, they are always the least expensive homes in the community, so I think it's a great buffer and I think it should be a requirement for all arterial subdivisions. So, that's it. De Weerd: Thank you. M.Lewis: Yes. I raised my hand earlier. De Weerd: If you're testifying again, you can't. M.Lewis: No. No, I -- De Weerd: So, you were sworn in, right? Okay. M.Lewis: I'm Mauri Lewis and -- De Weerd: No. I'm sorry. It's getting late. M.Lewis: Okay. I'll make it short. I'm Mauri Lewis, I live at 2000 East Dunwoody Court and a couple of main concerns are I think it's great, development is a good thing, it's good for the economy, it's good for everybody, but, you know, you hear the same argument over and over, gosh, we have a traffic problem, we have a traffic problem here and a traffic problem there, well, it's because we don't think through -- and I'm not blaming anybody for this, but I think it's an overall consensus here that nobody stops and thinks about the high density development versus a more rural development. The more you get away from town, you think that things would spread out a little, but we seem to get out of town and, then, we go and jam a bunch of stuff into a small area and, then, we jam it into another area and, then, it's like, oh, well, I can't even get down the road. I think we need to stop and take that into consideration, because I'm not opposed to -- like I said, the development, but I think the degree of density is way too high, way way way too high. The homeowner that owns the land in the back has got it made. I r Meridian City Council September 7, 2004 Page 52 of 73 mean it's almost like why isn't there a moat around his property and a gate. To me it just seems ridiculous. High density in the front, so he doesn't have to see it, and he's got his place in the back with all these nicer bigger lots by him and the park. How convenient. I would love to have that same situation, but I wouldn't do it with all the high density in the front like that, I just think it's ridiculous. And the commercial buildings, there is enough commercial space around and it's -- and there is more proposed, you guys know that. There is more proposed in the short -- in the area surrounding us now, so I am against it. You know, it just seems to keep getting worse and worse and you hear the same complaint, but nothing's ever done. Here is your chance to do the right thing. Thanks for your time. De Weerd: Thank you. Peterson: Jerry Peterson, 2876 Hampton Street. I'm here tonight in favor of the development. In fact, I'm an interested buyer. The house I lived in, Five Mile and Ustick, I moved there 30 years ago when the speed limit was 45 and the only stop sign was at Cole Road. Things change and I'm here to say that I'm glad that we don't have cookie cutter subdivisions where everything is exactly the same and every space is exactly the same. I get a little tired of the yard. I like the community feel to this development. I like the fact that the garages are in back. I drive through some of the other subdivisions and all you see is three car garages. I call them welcome to my garage homes. This is where all the houses are facing -- you will see patios on the front, there is a nice community feel to it and as far as Mr. Lee protecting himself, he still has to drive through this everyday, just like everybody else. I think, you know, that the idea of light office space in the front makes sense to me. We shouldn't have to drive all over the place to go to a doctor or to a chiropractor or a dentist and it makes sense to locate these offices in the neighborhood and avoid the driving and, in fact, that decreases traffic, not increases it. So, I'd like to go on record as being in favor of this project. De Weerd: Thank you. Is there anyone else who would like to provide testimony? Lee: Mr. Buckley needs a little prodding. De Weerd: If you have testimony you'll need to come up to the -- I'm sorry, we could have even brought the microphone -- Buckley: Yeah. I'm Ed Buckley and I live at 1780 East McMillan Road and I have watched this development going on for the last -- I have done some development myself and somebody's going to develop that if it's now or later, but I'm in favor to going on and let -- having it approved, because I think it will be a good subdivision and I'm in favor of it. We got a lot of traffic, but we're still going to have a lot of traffic if they build it this year or next year, so I'm in favor of it. De Weerd: Thank you. Okay. Is there any further testimony? Would the applicant like to respond? Meridian City Council • • September 7, 2004 Page 53 of 73 Tepalo: Barry Tepalo, 4700 North Cloverdale. I'm the applicant. And this time I'm going to get up, so I don't have my planner taking all of my discussion points and I'm wondering if as a result we had a number of people from Dunwoody come up, in addition we had extra time -- extra time for the president of the association, so I'm requesting a little extra time to handle some of the rebuttals here. First of all, I'd like to bring up the point that was brought up about access, access from the commercial L-O parcels. The commercial L-O parcels on the front, according to the approval from ACHD, will have a plat restriction on it. Condition number 15 of that says a note regarding the access restriction will be required on the final plat. Therefore, there is going to be no additional access for those L-O parcels out onto Locust Grove, they will be on the main roadway -- main entrance road. The exact distance of that will be subject to the standards. I'm sorry, I don't have the ACHD standard books here. So, there will be a minimum standard from Locust Grove setback on it and that will be approved at the time that those two site plans are approved for the commercial L-O uses -- or the L-O uses, I should say. Those L-O uses are intended to be professional office space. They are not intended to be something that's going to have retail type facilities on them, they are going to be professional offices. So, the purpose of those is going to be very limited in their design. The next item I'd like to talk about is the community concept. You know, what we did here is try to put together a community with mixed uses. If we wanted to step back and bring in 8,000 square foot lots that the number of the people wanted to bring up, I can increase the number of homes on this site by approximately 15 percent. You bring in larger lots, you reduce the amount of roads, you end up with the same cookie cutter subdivision that's going to be everywhere else that is not going to have any differentiation. Now, who is the market that this subdivision is going to look for? Well, you're going to have some upper end families, yes, they are going to be on that nine, ten, twelve, fourteen thousand square foot lots, you're going to have some families in these 78 hundreds and possibly the 72 hundreds, you're going to have a mix of downsizing, you're going to have empty nesters, you're going to have people who are widowed and widowers who are looking for something that they don't have to maintain their yards that are looking for high quality homes. We have a number of requests coming in of looking for something in the Meridian area that they can be near their children and their grandchildren, but they want the freedom to be able to travel. They want the freedom of being able to have smaller yard maintenance, but still have a high end, high quality house. The other target market on those smaller lots are going to end up being young professionals, those that don't have any kids, as a result of their work, their traveling, their moving about, and commuting, a number of areas throughout the country and throughout the world, they don't have to have to be strapped to a high maintenance larger home site. So, that's what we are trying to achieve with this. You know, when they say they -- and we made an attempt -- the first pass that we got was a list of homeowners within the 300-foot radius. We tried to send them out; we tried to get the people notified on that basis. We went to the P&Z Meeting, we had a number of comments against. We were requested by Planning and Zoning to go out and talk to the neighbors. We held two meetings. We took them out to our project in Eagle that we had and showed them what we were doing from a product standpoint, 50 by 110 lots and showing them what the project was going on it, it Meridian City Council • • September 7, 2004 Page 54 of 73 alleviated a lot of the fears. Then, we ended up with another meeting on site here and we were asked also to deal with a lot of the HOA directors and the people associated with them. We attempted to do that. So, we were trying to get a consensus among everybody in that area. The stub street to the south, that's up to you. ACHD has a request in from the City of Meridian, that call is yours. We are either way. If you want us to remove it and replace it with that lot that we have there, we will do that. As to the pathway system that goes to the north, if you want us to build that pathway coming through the project, that's what we designed in that original landscape plan, but the parks department came back and said, no, they have got an alternative plan for it. So, they said no at that time. I'm at your discretion. We will do it either way. I'm open for that. The landscaping along the front, we provided enough right of way fora 96 foot right of way on Locust Grove. The overall north plan shows that Locust Grove from the church north to Chinden is potentially afive-land road. We have provided enough right of way to have that. We have also provided a detached sidewalk, we are going to landscape Locust Grove, we have also agreed with the neighbors to provide an average of a five foot berm in the front that's going to be landscaped. It is going to be one that will go up and down, but it's going to be an average of five feet. It will provide open viewing, rather than a monotonous straight across the line type of view. Detached sidewalks. We are looking to safety. We have four foot detached sidewalks with five foot planting strips throughout the entire project and we are an advocate of that. We believe that separating that sidewalk gives the feeling of connectivity. It's also going to allow the connectivity and safety coming into the project and going around the project. So, from that standpoint we felt that it was warranted. De Weerd: Can you please summarize. Tepalo: Okay. In summary, I think there is a number of items. We are looking to develop a community, a neighborhood here, we are looking to that long range future that the City of Meridian has and we believe that this project with the different housing styles within this neighborhood provides that opportunity for the city. De Weerd: Thank you very much. Tepalo: Thank you. De Weerd: Council, do you have questions for the applicant? Okay. Council, any furthered information from staff? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. Canning, I just wanted to clarify, on the staff report it indicates that the only basis to grant the L-O for those front pieces is a use exception under our ordinance; right? Meridian City Council September 7, 2004 Page 55 of 73 Canning: Yes, sir. De Weerd: But they haven't identified anything other than office space of some sort? Canning: The original proposal had C-N on one property and L-O on the other, but now it was just L-O. They haven't further refined it to my knowledge. Nary: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna. With respect to the pathway and your discussion about, well, now you're contemplating changing the location of the section pathway. And either have forgotten or missed the reason for that. Is part of it that it wouldn't be in this subdivision or part of it due to what the development is being discussed in those lower parcels to the south? Canning: It was primarily -- Madam Mayor, Members of the Council, it was primarily related to development on the south and it's a tricky issue on this one, so I -- they were proposing a path to connect from here that would go along the drain to there in an open space. I think they are proposing -- the latest proposal we saw was atiled -- they would the the ditch and, then, there would be an easement area there that a pathway could go over. Likewise, Saguaro Canyon, they have relocated this portion, but they, basically, have a 50-foot easement -- it's a very large easement that runs this way. So, then, you just have, essentially, two properties to get through to get to Saguaro Canyon. Some of the issues we were looking at here related to the current alignment. If it goes -- it's not likely that it will go through the exiting LDS church, because it's already built, they are established, and they don't have an easy mechanism for the LDS church to give up easements or property, so it wasn't likely to happen there. So, if it came up through, it would have to come up through these two and, then, we have this series of small lots, this one being Arcadia Subdivision that's there before you get to this neighborhood center. Meanwhile, the Saguaro Development pattern is very linear, it funnels people up and through and back. And there are a series of large open spaces, if you will recall, that go back toward that way and it just seemed like a more appropriate pathway designation and that was part of the reason. So, there was a lot of testimony about, yes, we want a path, but, no, we don't want these two properties to develop. Well, if those two properties don't develop -- this large lot is also part of Larkwood Subdivision, so if they are going to protest development of these two lots, then, presumably they are protesting the development of this lot as well. It's not going to come up this way if -- mean there is just a dichotomy of views there that you couldn't serve -- you couldn't meet both those requests, so -- those were some of the things that went through our head. It is -- the plan does show it coming through this property, though. It would be different from what is shown on the plan. However, those are kind of approximate locations to be determined on a case-by-case basis. Meridian City Council ~ • September 7, 2004 Page 56 of 73 Rountree: Thank you. De Weerd: Any further questions? Mr. Nary, did you have a question for the applicant on the -- on any proposed uses for the L-O? Nary: No. They had lots of time to present it, so that's all right. De Weerd: Okay. Okay. Council, what would you like to do? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I just had a comment before we close the Public Hearing. You know, in listening to all of the testimony, I guess I am troubled by a couple of things. I mean one of the gentlemen that testified talked about planned development standards and what the intent is and our ordinance says the purpose is to -- of the planned development process is to provide opportunity for land development that preserves and utilizes natural topographic, geologic features, allows a more efficient pattern of residential, commercial and industrial uses, fosters innovative design concepts, promotes flexibility in site design and provides for a common open space or other amenities not found in the traditional lot by lot development. And there is some of that here, but I think there is also -- I think what he talked about with the intent was to try to deal with areas that have been developed and trying to fit varieties of different uses in there. We don't really have that in this particular area, so a planned development for this it seems to only fit -- only be done to, basically, make this into this split type of setup for half of that development on the western portion of it doesn't really match the portion on the eastern side of it. As I stated, the use exception provision says the uses permitted by exception are strongly related to the principal use of the development and have the purpose of providing services or facilities useful and complimentary to the primary use. I think it's incumbent on the developer, then, to bring us a plan and not just say I'm just going to leave it open, we will just figure it out some day in the future as to what that's going to be, it's just an office of some sort. It has to be related to what they are doing. So, that's the whole purpose of having an exception. Folks talked about the Comprehensive Plan and that there is no relationship to the Comprehensive Plan, other than the density of zoning, it's a low density development area, there is no office, there is no commercial, there is none of that, it's all residential in that area. That's what our -- that's what. our Comprehensive Plan indicates. This isn't that. It is a hugely different development in my mind when you're talking a 58,000 square foot parcel and 5,900 square foot parcels. I know it pencils out to a density of less that four units per acre, but, again, that split concept between them where one side is completely adversely different to the other, doesn't make a lot of sense to me. The amenities that are being provided -- I think it was a little over ten percent open space, which is required by the planned development, so it's not like they went above and beyond to any stretch. The open space that's here is the predominate amenity, but I agree with the neighbors that, really, to be an amenity it Meridian City Council ~ • September 7, 2004 Page 57 of 73 probably should have been here, because the access points to this green space -- there is no parking, there is no way for people, other than through the sidewalk system to walk all the way around to get to this space, if they even know it's there, but there is no access points that are visible other than on this knuckle and this cul-de-sac, so it doesn't seem to be designed with the intent to provide a centralized recreational spot, it is designed to simply just be another buffer zone to this Larkwood Subdivision below and, guess, so Mr. Lee doesn't have to mow his yard anymore. But it doesn't really provide an amenity to the whole subdivision and I think that's the intent when I look at planned developments is it's supposed to benefit all of it and this really doesn't. It benefits Mr. Lee, it benefits a few of these homes that are right adjacent to it and it doesn't really benefit anybody else. The one thing I would agree with the applicant is this stub to the south probably doesn't make a lot of sense. There really isn't any future development there that's very practical or reasonable in the near future. The only development that's really going to happen is to the north and I guess I didn't notice in the other aerial if this stub street lines up with Jericho. I think Jericho is over here. Well, Mr. Lee said his house is in the middle of it, so, then, the stub street's over here, so it doesn't even line up with the one that's up there, so I'm not sure that that makes much sense either. But think this -- I don't think this is all bad, but I certainly think it's not all done in my mind. think there is a lot more that could be done to make it much more compatible and provide better transition. You know, I do think the neighbors have to understand in this area that this is zoned R-4 and this is predominately an R-4. I think just the way it's split up in design -- you know, only because the street connection connects in about that location is there any connection between this half and that half, is that straight street that goes through right here, splits this into two completely different type of stubs. This one connection is about the only thing that's saving to it and that just doesn't do it enough for me. I think -- I think there needs to be some thought put in to dispersing this around in a better fashion. Again, I don't have any evidence to -- at least for me to grant the use exception and, again, I think it does push the envelope of planned development. So, I just don't think it really is very compatible with the neighbors. I don't think it's compatible with the area, it doesn't comply with the Comprehensive Plan. De Weerd: Thank you. Any other comments? Rountree: Madam Mayor, I'd just take one exception to one of Mr. Nary's comments and I -- whether it's this subdivision or some other format of this subdivision, I think that access street to the south, the stub street, at some point in time might very well be good to have, so -- Nary: I can live with that. Rountree: Yeah. De Weerd: Okay. Wardle: Madam Mayor? Meridian City Council ~ • September 7, 2004 Page 58 of 73 De Weerd: Mr. Wardle. Wardle: Just a comment on some of the housing types and we heard from Mr. Centers about a comparison to Heritage Commons and I agree the product in Heritage Commons was very well received, very well done, and that the value of those homes is significant in relationship to their square footage. The difference, I think, between that development and this development is that Heritage Commons was developed as an entire community and all those carriage lane homes were placed on the outside of the two acre park. So, it's -- I don't want my opinion of the density to have any affect over what I think housing types and some of the products that were discussed, because I think those ideas are things that we need to encourage within development within the City of Meridian and they are positive. How you lay them out is a different question. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, if I could ask a question of Anna. Anna, the comp plan designation is medium density residential for this area; is that correct? Canning; Yes sir. Nichols: And that would allow what maximum density? Canning: Three to eight units per acre is the target density range. Nichols: Okay. And what's the minimum square footage of an R-8, then, in the lot size? Canning: Eight thousand square feet. Oh, R-8? Sixty-five hundred square feet. Nichols: Okay. Thank you. Madam Mayor, if I may follow up? De Weerd: Uh-huh. Nichols: Anna, if the developer had just done a straight R-8 subdivision plat, what would the open space requirement be? Canning: Five percent. Nichols: Thank you. De Weerd: Is there anything further from Council? Okay. What is your preference on this application? Bird: Madam Mayor? Meridian City Council • September 7, 2004 Page 59 of 73 De Weerd: Mr. Bird. Bird: I'd move we close the public hearings for 14, 15, and 16 on the Leeshire Subdivision. Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on 14, 15 and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: So, does Mr. Nary want to make a motion? Bird: Mr. Nary? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I'm going to move to deny Item 14, AZ 04-017, request for annexation and zoning of 29.69 acres for the proposed Leeshire Subdivision, based upon the testimony this evening in regards to the -- to this -- the uses that are proposed, the property, the design, and conformity of this in relation to the neighbors. The zone that's being sought and I guess the design that's being asked for are not compatible with the Comprehensive Plan, including the request for office space, are not compatible with the Comprehensive Plan or ordinances in regards to use exceptions. Rountree: Is that it? Second. De Weerd: Okay. I have a motion to deny Item 14, AZ 04-017. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 15. Nary: Madam Mayor, I'd move to deny Item 15 PP 04-024, the request for preliminary plat for Leeshire Subdivision because the property was not annexed. Bird: Second. De Weerd: It's been moved and seconded to deny Item 15. Is this any further discussion? Mr. Clerk. Meridian City Council September 7, 2004 Page 60 of 73 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 16. Nary: Madam Mayor, I'd move to deny Item 16, CUP 04-026, request for Conditional Use Permit for Leeshire Subdivision for the same reasons, as the preliminary plat was denied. Rountree: Second. De Weerd: It's been moved and seconded to deny Item 16. Is there any further discussion? If there is none, Mr. Clerk? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. I would propose we take aten-minute break. (Recess.) Item 18: Public Hearing: RZ 04-009 Request for a Rezone of 16.49 acres from R- 4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Item 19: Public Hearing: PP 04-023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Item 20: Public Hearing: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: De Weerd: I'll go ahead and call this meeting back to order. We did move Item 17 below Item 20, so I will open up public hearings on 18, 19, and 20, RZ 04-009, PP 04- 023, and CUP 04-025. We will start with staff comments. Canning: Madam Mayor, Members of the Council, this is Larkspur Subdivision and this was previously submitted as both Larkspur and Southwood Subdivisions, so they have come back -- Larkspur, as you will recall, was denied, Southwood withdrew, and it has Meridian City Council September 7, 2004 Page 61 of 73 now combined projects with Larkspur. We are located off of Meridian Road south of Calderwood. The applicants have proposed a rezone from R-4, which the entire property is currently zoned R-4, to R-8 on 13.24 acres, so that would include this area here, all but the northwest corner. In the northwest corner, which is 3.25 acres, would be rezoned L-O. They are asking for that use exception as part of a planned development. The subject property is designated as medium density residential in the Comprehensive Plan. The applicant as part of the planned development is requesting reduced lot sizes and frontages for subdivision lots. The applicant is requesting -- asking to be allowed to have 5,453 square foot lots, reduction in the R-8 -- that was in the L-O. In the R-8 they are asking for a reduction down to 4,011 square foot lots and a reduction from the 65-foot frontage requirement in the R-8 district. I should go over this more. I'm sorry. The L-O -- these are all individual office lots here. You will see one, two, three, four, five, six, seven, eight, nine, ten, eleven -- 12 lots there as they ring around and, then, over here you have the Alzheimer's unit, which before was located on the other side of the canal, now it's on the west side of the canal, right by their entrance road and the assisted living facility, the main unit for that is located here towards the -- just south of the Alzheimer's unit and, then, you'll see a number of attached units. These are single-family units of sorts that -- we haven't classified them as single-family homes. We have grouped all of this assisted living facility together as part of the discussion. These are -- I liken these more to little bungalows next to the hotel than actual single-family units. They have minimal kitchens. They really are intended to make use of the assisted living facility to meet a lot of their everyday needs. South of the assisted living facility in the office lots are the single-family residential lots, the kind of patio home lots. It's an S drive or S street, so you do get some narrow frontages as you ago around. You do see a variety of open spaces that -- particularly in this area and this area where it makes the bend on the curves and it does leave a nice open space. We also have two existing family homes that will remain. Staff has taken great length to insure that we address the redevelopment of these properties for the future and there is, actually, two ways they could redevelop. Right now there is a drive aisle stub that comes down to this location, so that if -- in an easement. If this goes as office development, then, they could take access through that easement and, then, make their way out to Calderwood safety, trying to avoid having a lot of driveway cuts on Meridian Road. This application has not proposed any cuts on Meridian Road. The other option is if this were to go residential, which would be under the Comprehensive Plan would be the assumed use, right now they have an emergency access, secondary access, because this is a dead end road. They have saved one residential lot as -- as this fire access road. So, if this were to go residential, there is sufficient width here to put a reduced street section and pop the street back there to develop that as residential. The Planning Commission has recommended approval of this application. At the Public Hearing the applicant did testify in favor of the application. There was no one member of the public that testified in opposition. You may remember that the initial hearings before you when Larkspur was denied had a lot more than one member of the public in opposition to the project. So, the developer was able to alleviate the concerns of many of the Meridian Greens residents that adjoin this property. Testimony in opposition to the project, the primary concern was that they were in opposition to the proposed density and the impact of the density on the adjoining neighborhoods. The Meridian City Council September 7, 2004 Page 62 of 73 recommendation before you right now says that there is no outstanding issues before City Council. The applicant did bring up an issue with me prior to the hearing and I will try and address that. On page six of the preliminary plat findings, item number 11 and 12, the correct wording did not make it into the recommendation. The staff report -- for example, on number eleven the staff report has a condition that says fire sprinklers -- I'm alittle tongue-tied. Fire sprinklers will be required for all buildings associated with this project, as required by the International Building and Fire Codes. And, then, in parenthesis, not applicable to patio homes and existing residential lots. So, they did want to make it clear that that sprinkling requirement was only for the northern portion of the property. However, the findings -- or the condition that ended up in the recommendation is that fire sprinklers will be required for all buildings associated with this project. And that's repeated on page -- repeated on page five of the Conditional Use Permit recommendation. Similarly, item number 12 from the -- from the fire department, essentially, said provide exterior egress lighting as required by the international building and fire codes. And, again, not applicable to patio homes and existing residential lots. The parenthetical phrase is missing from the recommendation that came forward to you. So, if you could make those changes. I believe the applicant has a number of copies of this. The correct wording is listed on page 16 of the staff report. With that, I will end my presentation and answer any questions you may have. De Weerd: Council, do you have any questions for staff at this time? Okay. Is the applicant here? Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Sargent: Yes. De Weerd: Thank you. Please state your name and address. Sargent: Madam Mayor, City Council Members, I'm Ron Sargent and I reside at 4915 West Camas Street in Boise. And the first thing I'd like to hand out is just the corrections to the staff report that Anna was talking about. Just to begin with, I guess the first thing I'd like to say is that we have had a number of formal neighborhood meetings, we've had four actually formal ones where we sent out notifications to people who live within 300 feet of the property and we have also had a number of informal meetings with the neighbors and I think through those meetings we have come up with a design that's been acceptable to the neighbors. As Anna mentioned at the Planning and Zoning hearing we ended up with one person that testified against us and it's interesting that he lived outside of the 300 foot radius, so he didn't get any of the notices, he didn't participate in any of the neighborhood meetings, but we had a long meeting with him afterwards to discuss what -- his main concern was the density and the main thing that I will be talking about is this portion down here is the patio homes and the limited office, which are the two sites on this project that I will be developing and Doug Clegg is going to be talking about the senior campus portion of this. But to begin with the density is in this portion here and the patio homes, we have built approximately 200 of these type of units throughout Treasure Valley and we get primarily seniors that are the owners and buyers of these residents and I guess we find that they tend to be Meridian City Council September 7, 2004 Page 63 of 73 very good neighbors, they tend to travel at off peak hours, so they don't seem to be as much of a traffic concern as with a normal subdivision where people are traveling to work at 8:00 and returning at 5:00 o'clock in the evening. Just as also as one clarification is that these two lots here in the front will remain as R-4 that they are zoned with today. The R-8 would be the patio home area, as well as the senior campus area. And one other mention with these properties here in the front, we really think that there is a possibility of three different accesses. We are actually building aroad -- it doesn't show it on this site plan, but we are actually going to stub a road in that location and we also have this lot that we are not going to build on until we see what develops out here in the front and, then, the third access is there is another public street, essentially one lot to the south here, so there is the possibility that if this lot develops there could be an access from the south as well at sometime in the future. The other thing I guess I just wanted to point out is that we have also designed a pathway system in here -- it's hard to see, but there is a pathway that comes into here, a gazebo and a common area, it's a pathway -- I see the red light's dying here. It goes through this area. There is also a pathway here and there is also -- this leads up to a pathway that will go out here to the Ten Mile Drain that will, then, lead to the multi-use pathway of the city, will be extending all the way up the Ten Mile Drain and we see this as one of the accesses that people can walk to Southern Springs, which is a retail development immediately to the north of us. So, we think that this provides good circulation and opportunity for people to get access to that retail area to the north. I guess those are the items that I had. I guess any questions? De Weerd: Okay. Council, any questions? Okay. Thank you. Clegg: I wasn't sworn in, Madam Mayor, so you better do me the -- De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Clegg: It is. De Weerd: I'm sorry. My head is just pounding and so -- Clegg: You're doing great. It's been a long day. I will be very brief. My name is Doug Clegg, I'm at 1091 North Pinnacle Way, Eagle, Idaho. And I want to express my appreciation for all of you for not only taking this late hour, but I think all of you -- I had a chance to visit with most all of you when our previous application was denied and we were in the midst of getting this one ready to come back in and I want to thank you. We didn't feel like we really had a chance to get your input on the previous application and we have tried to do our best to make some changes here and I -- there were four main things that I heard as I spoke with all of you and I wanted to address those now. The first one was the location of the Alzheimer's unit and, Anna, I don't want to correct you, but I need to. This here is, actually, the Alzheimer's unit and this is the assisted living, which was formerly over here where these three duplexes are and we changed that at the request of many of you at City Council and also with the neighbors. In addition to • • Meridian City Council September 7, 2004 Page 64 of 73 that, we gave -- we provided an additional buffer here of 25 feet on the side and 35 feet in the back and beefed up our landscaping around this perimeter here for the neighbors and I think they're kind of excited about it, actually, and, hopefully, you will get a chance to hear some of their comments a little bit later, but we made some changes there for them. I had a comment about fencing on the canal and we did, actually, quite a bit of research on that and I guess at this point we are -- there is no question we can do one on one side of the canal. The position of the Nampa-Irrigation District is you can do whatever you want, but we are not going to guarantee it's going to be there when we come through and clean it out, so we are kind of at your and their mercy right now and there seems to be a little bit of an attitude with the irrigation district that they kind of do what they want to do and so we recognize the potential risk that's there with the slopes. I have actually been out there with the engineer and reviewed that. We are probably recommending that we definitely put a fence on this side where the multi-use pathway is, which is where most of our traffic will be. We don't anticipate a lot of traffic on this side. There is, actually, quite a bit of landscaping over here and they'd have to cross the bridge to get there. We are happy to do both sides, but I don't know if it's going to be there forever, because of their disposition right now. The third thing that was brought up was, actually, letters of referral and on this is from Madam Mayor De Weerd and thank you and we -- I took some of those over to the clerk today. Do you guys have those? There are 15 letters there and we had a variety of letters that were written from neighbors and folks that stay with us and, then, also some individuals that we do business with and I hope if you haven't had a chance to read those you will and, hopefully, that sheds a favorable light on us as a provider. And, then, lastly, was just a concern of the neighbors and I don't know -- do we have a Public Hearing here? Do they get a chance to speak tonight:? Okay. Well, you will hear from them, so those are the extent of my comments, unless you had any questions for me. De Weerd: Council, any questions? Bird: I have none. Clegg: Okay. De Weerd: No. Thank you. Clegg: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Olsen: I, too, have not been sworn in. De Weerd: Okay. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Olsen: So help me God. • Meridian City Council September 7, 2004 Page 65 of 73 De Weerd: Thank you. Please state your name and address. Olsen: Madam Mayor, Members of the Council, my name is Doug Olsen, I live at 309 East Calderwood and I'm more or less representing several of the neighbors. We are in agreement that we are for this project. There has been enough meetings held for the neighbors by the developers and investors to where we understand it and the concerns we had have been met, documented, everybody signed it, all the neighbors in attendance. I don't know of anybody that is disapproving this project. So, I say it's a green light and it's up to you folks. Thank you. De Weerd: Thank you. Further testimony? Canning: Madam Mayor? De Weerd: Yes, Anna. Canning: As a rule, you know, I don't bring up new items, but I had asked the staff planner to address one particular issue and I had assumed that that had been done and it has not. So, if I could raise one issue. I alluded to it earlier. This access road here, this is an emergency access. This is a proposed build-able lot within the subdivision. Right now we have an access coming from the commercial or office area to these two sites for redevelopment, but once this goes through to a public roadway, the applicant could remove this emergency access per the fire department's conditions. I was concerned that I didn't want that potential to have a road coming to service this residential development, which, again, is what the Comprehensive Plan calls for, that it not go away before we knew what was being developed here, because once a house gets built there, obviously, that potential goes away. I see now that that issue was not addressed with the applicant. I don't know if you want to bring it up or if you just want to discard it, because it hasn't been brought up previously, I would understand, but I did want to raise that as a concern that I have had with the redevelopment of this. If it's intended to be residential, then, that won't be an appropriate access and neither would direct access to Meridian Road. De Weerd: I'm sure the applicant can respond. Canning: And I apologize, Mr. Sargent. Sargent: Madam Mayor, Council Members, we had sort of a number of discussions about this whole issue with staff in the last few months and so some of the feelings and sort of mix is that these two lots -- or this area in here is likely to be developed as commercial, because fronting along Meridian Road, there is a lot of traffic there, the possibility that it will be popular as a residential lot I think is fairly low. So, that was the reason that we were going to build this access road. Now, what happens here is hard to say, but if it does go commercial, then, I think it makes maybe more sense for it to come through this direction, if it remains as residential then this access through here Meridian City Council • • September 7, 2004 Page 66 of 73 may make more sense. I guess we are willing to go ahead and not build on that lot until the use of these lots up here are determined at sometime in the future. I mean so we are willing to work with you on that. De Weerd: Thank you. We appreciate it. Sargent: Okay. Thanks. We appreciate the neighbors being here and we also thank you for being here this late hour, so thank you. De Weerd: Is there any further testimony? You have really done your homework and so have the neighbors and we appreciate all of the collaboration that brings in it to this point and as you can see, often times we get a much better application. So, appreciate that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with what you said. I'd like to add something else. It just goes to prove that if you get with the neighbors and get showing what you are doing, most of the time they will be in favor of it. You guys have done a very very good job of relaying that to the neighbors and you've got a nice project and we appreciate it. De Weerd: Is there any further -- Rountree: I agree. De Weerd: -- comments or any further information needed? Rountree: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further information needed, I move that we close the Public Hearing. Nary: Second. De Weerd: It's been moved seconded to close the Public Hearing on Items 18, 19, and 20; is that correct? Wardle: Yes. De Weerd: Thank you. All those in favor say aye. All ayes. Motion carried. Meridian City Council • • September 7, 2004 Page 67 of 73 MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 18, RZ 04-009, rezone for Larkspur Subdivision, including all staff, applicant, and public comments. Nary: Second. De Weerd: It's been moved and seconded to approve Item 18? Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 19, PP 04-023, preliminary plat for Larkspur Subdivision, to include all staff, applicant, and public comments, applicant comments specific to the access road remaining until such time as the two properties zoned R-4 have been zoned for their uses -- rezoned for their uses. Excuse me. Nary: Second. De Weerd: It's been moved and seconded to approve Item 19. Is there any further discussion? Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item No. 20, CUP 04-025, Conditional Use Permit for Larkspur Subdivision, to include all staff, applicant, and public comments, including staff comments on Item No. 11, to read: Fire sprinklers will be required for all buildings associated with this project, as required by International Building and Fire Codes, not applicable to patio homes and existing residential lots and Item number 12, provide Meridian City Council • • September 7, 2004 Page 68 of 73 exterior egress lighting as required by the International Building and Fire Codes, not applicable to patio homes and existing residential lots. Nary: Second. De Weerd: It's been moved and seconded to approve Item 20. Hearing no further discussion, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Canning: Madam Mayor -- I'm sorry. Madam Mayor, Members of the Council, did the maker of the motion intend to make those corrections on the preliminary plat as well? I'm sorry. We are going back one item, but -- Wardle: Yes, I did. Canning: Okay. Item 17: Public Hearing: CPA 04-002 Request for Text Amendment to allow applicants to request an L-O zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with a Public/Quasi Public designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: De Weerd: Thank you all very much for hanging in there with us. Okay. We have a Public Hearing on Item 17, CPA 04-002. When staff has an opportunity, she will certainly talk about that. Brevity is good. Canning: Okay. Madam Mayor, Members of the Council, as you will recall, we brought forth some -- I don't know, some goofy thing called a matrix that -- that there were concerns that the matrix tried to match up uses -- specific zones with land use designations within the Comprehensive Plan and there was a fair amount of discomfort at that idea, because there was confusion particularly where the names of the use in the zone may be similar. So, staff went back to the drawing board and did not -- what we were attempting to do in that one was a couple things, was -- one was to provide some sort of mechanism for redevelopment of remainder properties where the existing older home had been kind of removed from part of the subdivision, but the time came to redevelop and there was a question of what the appropriate type of development would be. Usually it's on an arterial street and residential just doesn't seem appropriate, because they are smaller properties. The other issue we were trying to address with the matrix was the question of what do we do with churches when they want to redevelop or any other public, quasi-public use, because there is really no guidance Meridian City Council ~ • September 7, 2004 Page 69 of 73 given by the Comprehensive Plan on the redevelopment of those properties. So, what staff has done is requested, basically, just text changes to the Comprehensive Plan, no longer a matrix of uses, but three text changes -- and I'm just reading from the staff report. The one would be in the residential section to say at the discretion of City Council, areas with the residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is three acres in size or less. In this instance no ancillary commercial uses shall be permitted. So, it really just talks about office uses, so it wouldn't be complete L-O zoning, it would just be office uses within that L-O zoning. And going on under the office designation, the description of that, we would add the sentence: Additionally, as noted in the residential districts, light office uses may be appropriate in limited circumstances and at the discretion of the City Council. Finally, in the public, quasi-public, and open space section, we recommended the following sentences. Upon redevelopment of such properties a change in designation in use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case-by-case basis. So, those are the text amendments we are proposing. We did get letters of support from the BCA. There is a mild letter of support from the Meridian Chamber and I did want to read that one, because I thought they raised some important issues. They were concerned about having these outlying office uses as that deterring, possibly, from the downtown areas or other areas designated specifically for that use. So, they have made the statement that the chamber board is confident that should these amendments be adopted, the Meridian City Council will endeavor to be conservative in granting rezoning requests under these changes. The Chamber is especially concerned with allowing additional commercial development along arterials and section line roads adds to traffic congestion and transportation management issues. In particular, the Chamber is concerned that we do not create another traffic problem similar to Eagle Road. So, I thought that they did raise an issue that we hadn't thought of as far as other areas designated for office use. We also had some concern from the parks department -- I think I was able to address his concerns and that was with regard to the public, quasi- public. I guess his -- his opinion was that sometimes when these sites redevelop, it may be appropriate for them to redevelop as parks. And that's certainly a potential that the city would have to be ready to buy that property for that purpose. So, I think that it's still there, I think we didn't want to have you say, no, you can't do a public, quasi-public -- or you can't change from a public, quasi-public use just so we can get you as park land. It didn't seem quite appropriate, so we weren't ever sure how to word it, so I think we agreed that the wording as it was was okay. And with that I will end my presentation. De Weerd: Thank you. Any questions, Council? This is a Public Hearing. Is there anyone who would like to offer testimony? Just thought I'd ask. Okay. Council, what would you like to do? Bird: Madam Mayor? Meridian City Council September 7, 2004 Page 70 of 73 De Weerd: Mr. Bird. Bird: I move we close the Public Hearing for Item 17, CPA 04-002. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: I would love to hear a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve CPA 04-002, and to incorporate staff, public comments. Rountree: Second. De Weerd: It's been moved and seconded and I'm sure you will have a hard time including those Public Hearings -- or public comments. If there is no further discussion, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 21: Water, Sewer, & Trash Delinquencies: De Weerd: Okay. Item 21. This is to inform you in writing, if you so choose, that you have the right to apre-termination hearing at 7:30 p.m., Tuesday, September 7th, 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. Your service will be discontinued on September 8th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Or staff? They are hereby informed that they may appeal and 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 $15,457.70. Do I have motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council September 7, 2004 Page 71 of 73 Rountree: I move that we approve the turn-off schedule for September 8th, 2004, in the amount of $15,457.70. Bird: Second. De Weerd: It's been moved and seconded to approve the delinquency turn-off list. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 22: Ordinance No. 04-1098 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: Item 23: Ordinance No. 04-1099 Amendment to 2003 / 2004 Fiscal Year Budget: Item 24: Ordinance No. 04-1100 :2004 / 2005 Fiscal Year Budget: De Weerd: Items 22, 23, and 24 are ordinances. Ordinance No. 04-1098, 04-1099, and 04-1100. Mr. Clerk, will you, please, read these three ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1098, an Ordinance finding that James Fuhriman and Diane Fuhriman, the owners of certain real property generally located on the north side of McMillan Road, approximately one- eighth mile east of Locust Grove Road, Meridian, Idaho, to be known as Sheridan Place 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 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 the 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. Berg: Ordinance No. 04-1099, an Ordinance of the City of Meridian, Idaho, amending Ordinance No. 03-1043, the appropriation Ordinance for the fiscal year beginning October 1st, 2003, and ending September 30th, 2004, appropriate additional monies Meridian City Council September 7, 2004 Page 72 of 73 that are to be received by the City of Meridian, Idaho, in the sum of $3,714,740 and allocating additional expenditures and providing an effective date. Berg: And Ordinance No. 04-2000, an Ordinance providing for a title providing for findings providing for adoption of a budget and appropriation of expenditures of the sum of money to defray the necessary expenses and liabilities to City of Meridian in accordance with the object and purposes and for certain amounts herein specified for the fiscal year beginning October 1st, 2004, and ending on September 30, 2005, to provide for the waiving of the second and third readings pursuant to Idaho Code 50-902, and providing for an effective date and filing of the certified copy of the ordinance with the Secretary of State. De Weerd: Mr. Clerk, was that last 04-1100? Berg: Excuse me. 1100. De Weerd: Yes. Okay. I just wanted to -- okay. You have heard these three ordinances read by title only and seeing that there is no one here to ask that it be read by -- in its entirety, I would entertain a motion to accept these ordinances. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Ordinances 04-1098, 04-1099, and 04-1100, with suspension of rules. Nary: Second. Bird: Second. De Weerd: Okay. The motion is to approve Items 22, 23, and 24. If there is no further discussion, Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Canning: Madam Mayor, at the meeting with Ada County today, they asked that prepare a letter for the Council formally requesting the -- that the Ada County change the area of city impact agreement to include the parks plan. Apparently you all showing up in person was not enough, so they have asked me to write aletter -- or to have a letter from you. I will draft up that letter and get it to you for your signature. Just wanted to let you know. Meridian City Council September 7, 2004 Page 73 of 73 De Weerd: We do appreciate that you went today and appreciate your tolerance. Council, I guess before I would entertain a motion to adjourn, I would tell you that we are -- I have Councilman Bird joining us tomorrow at a committee meeting -- or not a committee meeting -- at a meeting to entertain preparing an application for a community center in the City of Meridian and I will keep you apprised. Bird: Now my wife will be the happiest citizen in the whole town if we get it. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Nary: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 11:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYO MY DE WEERD ATTEST: LIAM G. BERG, JR, CI'?Y CLERK l / 2~ ~ D DATE APPROVED C~' \~G,p~lPOlgq TFO ti .; = s~AL O ~T~si• ~~`. • • September 3, 2004 AZ 04-013 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT Lyons Development, LLC ITEM NO. 5-E REQUEST Findings -Request for Annexation and Zoning of 13.5 acres from RUT to C-G zones for Stow-It Storage Facility --southwest comer of Stoddard Road and West Overland Road 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: Emailed: ate: ~'7~- Phone: Staff Initials: become properly of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C p8/10/04 IN THE MATTER OF THE ) REQUEST FOR ANNEXATION & ) ZONING OF 13.5 ACRES TO C-G ) FOR STOW-IT SELF STORAGE ) LYONS DEVELOPMENT, LLC APPLICANT Case No. AZ-04-013 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 August 10, 2004, at the hour of 7:00 p.m., and Anna Canning, Becky McKay and Bruce Freckleton, 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 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 1 OF 11 • 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. 3. The property is approximately 13.5 acres in size and is located on the southwest corner of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range 1 West. 4. Idaho Power Company is the current owner, and David L. Hogg has provided notarized consent for the subject application. 5. The Applicant is Lyons Development, LLC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-I'I' SELF STORAGE (AZ-04-013) PAGE 2 OF 11 • . 6. The subject property is currently zoned RUT (Ada County) and is vacant. 7. The Applicant requests the property be zoned C-G. 8. The property which is the subject of this application is within the Are of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: A storage unit complex with commercial/office uses and a caretaker's apartment. 11. The Applicant Requests zoning of the subject real property to C-G (General Retail and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as Mixed Use -Neighborhood. 12. There are no significant or scenic features of major importance that affect the consideration of this application. 13. The concerns of Jackie Reinhart, Shane Hodgekiss and Garrett Harwell, expressed at the July 15, 2004 hearing of the Planning and Zoning Commission are recognized. The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-rf SELF STORAGE (AZ-04-013) PAGE 3 OF 11 • . ANNEXATION AND ZONING CONDITIONS The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Prior to the annexation ordinance approval, the owner shall be required to enter into a Development Agreement (DA) with the City as a condition of annexation. The DA shall require that: Uses shall be restricted to those depicted on the accompanying Conditional Use Permit (CUP) Site Plan. Non-development of the 2.5 acres shown as Future Development (Office/Retail) on the accompanying CUP Site Plan, until City sewer is available to the subject property in compliance with the City's facility plans. The arrangement for a septic system connection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use permit approval. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans 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't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-I'I' SELF STORAGE (AZ-04-013) PAGE 4 OF 11 • • the City of Meridian ordinances in effect at the time. B. The Applicant shall also comply with the conditions and requirements of the corresponding application for this project, which is Conditional Use Permit -CUP-04-017. C. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Applicant will the all ditches pursuant to Paragraph 4 above, with the exception of the Hardin Drain located on the southerly boundary of the property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing, donate to the City a sewer easement adjacent to the Hardin Drain. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 5 OF 11 • 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 Plan that are applicable to this Application. 5. The zoning of (C-G) (General Retail and Service Commercial) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-Gl General Retail and Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. 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 Cityof Idaho Falls, 105 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-TT SELF STORAGE (AZ-04-013) PAGE 6 OF 11 • 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. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.5 acres to~C-G (General Retail and Service Commercial) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.5 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 7 OF 11 • A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: ANNEXATION AND ZONING CONDITIONS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Prior to the annexation ordinance approval, the owner shall be required to enter into a Development Agreement (DA) with the City as a condition of annexation. The DA shall require that: Uses shall be restricted to those depicted on the accompanying Conditional Use Permit (CUP) Site Plan. Non-development of the 2.5 acres shown as Future Development (Office/Retail) on the accompanying CUP Site Plan, until City sewer is available to the subject property in compliance with the City's facility plans. The arrangement for a septic system connection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. • All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use permit approval. 3. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells maybe used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 8 OF 11 ~ ~ users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 4. The Applicant shall also comply with the conditions and requirements of the corresponding application for this project, which is Conditional Use Permit -CUP-04-017. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) (General Retail and Service Commercial), and Meridian City Code § 11-7-2. 6. 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. 7. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Applicant will the all ditches pursuant to Paragraph 4 of the Annexation and Zoning Conditions above, with the exception of the Hardin Drain located on the southerly boundary of the property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing, donate to the City a sewer easement adjacent to the Hardin Drain. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 9 OF 11 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 maybe 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 maybe 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. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED_~'~~ COUNCILMAN BILL NARY VOTED_{~~- COUNCILMAN CHARLIE ROUNTREE VOTED_~~~. COUNCILMAN KEITH BIRD VOTED_,~~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 9-~ ~` ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING- STOW-ITSELF STORAGE (AZ-04-013) PAGE 10 OF 11 MOTION: APPROVED: DISAPPROVED: L~ Mayor Tamm eerd Attest: William G. Berg, Jr., City 1 A \ ~, yr \~ (~ i ~ QQ TT••Q N~~L ~' „~`~ ~. y'% 'gip ~r ~s~ ~ •~ ~~: Copy served upon Applicant, the Plannin~I'~ a~r~ient, Public Works Department and the City Attorney. ~~~~`rlrrrFf~tcctE~'~`~~~`\ r 1~ r /~ By: ~,..~ ?C~1 Q~ ~ it Q Q ~ Dated: ~ . C'I - ~~ City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Stow-It Storage AZ 04-013 CUP 04-017\AZFFCLORD AZ-04-013.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING -STOW-IT SELF STORAGE (AZ-04-013) PAGE 11 OF 11 • September 3, 2(X14 CUP 04-017 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT Lyons Development, LLC ITEM NO. 5-F REQUEST Findings -Request for a Conditional Use Permit for a Planned Development for a storage facility w/ a caretaker residence S< future office/retail use in a proposed C-G zone for Stow-It Storage Facility - swG of Stoddard Road and West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aflached 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: Emailed: ~ V,~e a t'lr~ Staff Initials: Materials prsseMed at public meetings shall become property of the City of Meridian. • i BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/10/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF DETAILED APPROVAL OF 150,680 SQUARE FEET OF INDOOR STORAGE, 3,200 SQUARE FEET OF RETAIL OFFICE, AND A 1,600 FOOT CARETAKER'S APARTMENT AND CONCEPTUAL APPROVAL OF 27,265 SQUARE FEET OF RETAIL/ OFFICE SPACE ON 13.5 ACRES IN A PROPOSED C-g ZONE FOR STOW-IT SELF STORAGE Case No. CUP-04-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LYONS DEVELOPMENT, LLC, Applicant The above entitled conditional use permit application having come before the City Council on August 10, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Canning, Becky McKay and Bruce Freckleton, 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 Order to-wit: FINDINGS OF FACT 1. The property is approximately 13.5 acres in size and is located on the southwest corner of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 1 OF 24 • North, Range 1 West. 2. Idaho Power Company is the current owner, and David L. Hogg has provided notarized consent for the subject application. 3. The Applicant is Lyons Development, LLC. 4. The subject property is currently zones RUT. There is, however, an application for annexation and zoning to C-G before the City Council. The zoning of C-G is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 5. The Applicant requests Conditional Use Permit approval for a Planned Development consisting of detailed approval for 150,680 square feet of indoor storage, 3,200 square feet of retail office, and a 1,600 square foot caretaker's apartment and conceptual approval of 27,265 square feet of retaiUoffice space. The Comprehensive Plan designation for this site requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The uses proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The concerns of Jackie Reinhart, Shane Hodgekiss and Garrett Harwell, expressed at the July 15, 2004 hearing of the Planning and Zoning Commission are recognized. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 2 OF 24 The Meridian City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a minimum 25-feet landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet." 2. Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required." 3. Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The applicant maybe allowed to utilize a temporary septic system for the office/apartment use only." 4. Delete Site Specific Condition #12 on page 16 5. Add Site Specific Condition #22 which reads: "The hours of operation of the storage facility shall be contained between X6:00 a.m. and 10:00 p.m. on all days." B. Adopt the Conditions and Recommendations of the Meridian Planning and Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying Annexation/Rezone application shall also be considered conditions of the Conditional Use/PD application. 2. All building construction within this detailed phase of Stor-it, shall substantially comply with the elevations prepared by Moore Design Associates on 5-5-04. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent International Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. Said modification will require City Council approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 3 OF 24 3. The submitted landscape plan, prepared by Moore Design Associates, and dated 5-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised landscape plan with the following changes/additions/notes: ^ Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road, located entirely outside of the right-of--way. All trees shall be located beyond the required street right-of--way. Prior to occupancy, said landscape buffer shall be installed along Stoddard Road, abutting the entire site. The buffer shown on the submitted Landscape Plan is approximately 25-feet wide. Staff is supportive of this increased width as it provides additional buffering for the residents in the Bear Creek Subdivision. • Provide a 25-foot wide (minimum) landscape buffer along Overland Road. All trees shall be located beyond the required street right-of--way. • Provide landscape materials within the street buffers per MCC 12-13-10. • Conifer trees are not allowed within any required street buffer area. • Provide a minimum 25-foot wide landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3:, and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet. • 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). Ten (10) copies of a revised landscape plan shall be submitted to the City Clerk's office at least ten (10) days prior to the City Council hearing. 4. ~ , r ,.~ r ~ ~ ~~~ .. r r ^r~ Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required. 5. Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 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. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 4 OF 24 8. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 9. 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. 10. The applicant sl}all may be allowed to utilize a temporary septic system for the office/apartment use° ~„ ~>1.,~° T only. The applicant shall enter into anon-development agreement for the balance of the property until proper sewer service is available in conformance with the City's facility plan (see AZ-04-013). The arrangement for a septic system connection for the proposed office/apartment use is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. The applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. 11. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. ~7 TL. T.1 1, D L. ~ ~' L. 11 L. b. L.~ ' ~ ,,.1;.,,,..° ..;~1~ T7,° ., .°.i ~ ~. > > 13. All mini-storage units shall have a 20-foot clear minimum separation between buildings, and between fences and buildings, for circulation and emergency access. 14. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 5 OF 24 15. Provide a Knoxbox entry system for the complex. 16. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 17. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing. 18. The applicant shall 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 a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 19. 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). 20. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe 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. 21. 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. 22. The hours of operation of the storage facility shall be contained between X6:00 a.m. and 10:00 p.m. on all days. GENERAL REQUIREMENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 6 OF 24 Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval The Board of Commissioners authorize the expenditure of other District funds (approximately $30,000.00), if available, for the purchase ofright-of--way on Overland Road dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate bydonation an additiona123-feet ofright-of--way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of--way, in an easement provided to the District. Provide a road trust deposit in the amount of $12,900.00, to be used for future sidewalk construction along the applicant's property. 2. Dedicate 35-feet of right-of--way from the centerline of Stoddard abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of--way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard as one-half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) co0ncrete sidewalk within the 35-feet ofright-of--way from the centerline of Stoddard Road that will be dedicated with this application. OR Provide the District with a Public Rights of-Way Road Trust deposit in the amount of $35,200.00 for the first 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement widening to one-half of a 46-foot street section for the 500-foot of frontage on Stoddard Road that is included in the District's Five Year Work Program. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 7 OF 24 • 4. Provide the District with a Public Rights-of--Way Road Trust Fund deposit in the amount of $2,000.00 for the construction of a median to be installed as a part of the Overland Road project in 2007. 5. Construct a 20-foot wide full-access driveway that intersects Stoddard Road approximately 445-feet south of Overland Road. 6. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. Other than the access points that have been approved with this application, direct lot access to Overland Road and Stoddard Road is prohibited unless otherwise approved by the District. Comply with all Standard conditions of Approval. Standard Conditions of Approval 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 STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 8 OF 24 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 applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) 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 ACRD 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 9 OF 24 • 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. Provide a Knoxbox entry system for the complex. 10. 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. 11. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 12. Building setbacks shall be per the Building Code for one and two story construction. 13. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. D. Adopt the Recommendations of the Central District Health Department as follows: 1. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 2. We will require more data concerning soil conditions on this Proposal before we can comment, if on-site sewage disposal is proposed. 3. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: high seasonal ground water, waste flow characteristics, or bedrock from original grade. 4. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters if more than 600 gallons a day are proposed. 5. CHDH has not received any correspondence or inquiries from Lyons Development regarding on-site sewage disposal. F. Adopt the Recommendations of Sanitary Services Company as follows: 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops bumpers, and dimensions. Coordinate the design with SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 10 OF 24 C~ Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 11 OF 24 • G. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: Modification of the CUP conditions made by the Planning and Zoning Commission, to include: a. Requiring a 25-foot wide landscape buffer to the west; b. Coordinating materials to be used with the adjacent property owner; c. Approving amenities presented by applicant at the public hearing; and d. Limiting hours of operation within the development to be from 6:00 a.m. to 10:00 p.m. 2. Applicant is granted a waiver of the standard tiling of the Hardin Drain located on the southerly boundary of the property. 3. Applicant shall be required to complete its offer to donate a sewer easement to the City to facilitate the sewer extension through the property in the future. Applicant shall coordinate with the Public Works Department and the Nampa-Meridian Irrigation District the provisions for any required sewer easement adjacent to the Hardin Drain. 4. No RV dump shall be activated until the Black Cat sewer trunk is activated and connected to the property. 5. Applicant has submitted copies of a revised site plan and landscape plan reflecting the changes required by the Commission, dated July 30, 2004. Therefore, the preliminary plat date shall be July 30, 2004. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development Consisting of Detailed Approval of 150,680 Square Feet of Indoor Storage, 3,200 Square Feet of Retail Office, and a 1,600 Square Foot Caretaker's Apartment and Conceptual FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 12 OF 24 Approval of 27,265 Square Feet of RetaiUOffice Space on 13.5 acres in a Proposed C-G Zone for Stow-It Self Storage, located on the southwest corner of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range 1 West, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a minimum 25-feet landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet." 2. Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required." 3. Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The applicant maybe allowed to utilize a temporary septic system for the office/apartment use only." 4. Delete Site Specific Condition #12 on page 16 5. Add Site Specific Condition #22 which reads: "The hours of operation of the storage facility shall be contained between X6:00 a.m. and 10:00 p.m. on all days." B. Adopt the Conditions and Recommendations of the Meridian Planning and Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying Annexation/Rezone application shall also be considered conditions of the Conditional Use/PD application. 2. All building construction within this detailed phase of Stor-it, shall substantially comply with the elevations prepared by Moore Design Associates on 5-5-04. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent International Building Code. If any significant modification(s) to the approved architectural design features and/or materials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. Said modification will require City Council approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 13 OF 24 3. The submitted landscape plan, prepared by Moore Design Associates, and dated 5-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant shall submit a revised landscape plan with the following changes/additions/notes: ^ Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road, located entirely outside of the right-of--way. All trees shall be located beyond the required streetright-of--way. Prior to occupancy, said landscape buffer shall be installed along Stoddard Road, abutting the entire site. The buffer shown on the submitted Landscape Plan is approximately 25-feet wide. Staff is supportive of this increased width as it provides additional buffering for the residents in the Bear Creek Subdivision. • Provide a 25-foot wide (minimum) landscape buffer along Overland Road. All trees shall be located beyond the required street right-of--way. • Provide landscape materials within the street buffers per MCC 12-13-10. • Conifer trees are not allowed within any required street buffer area. • Provide a minimum 25-foot wide landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3:, and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet. • 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). Ten (10) copies of a revised landscape plan shall be submitted to the City Clerk's office at least ten (10) days prior to the City Council hearing. 4. 1r~ 11.+. ~ a 1. +t,` Ul.,.,.,;,,.. p. ~~„_„z r_,.,.,,.,_~~_,,,, ~_,. ~t.o ...~, ..t,t.l.........~ ... ~ ...........a .,.. --a D7 .a ll 1 ~ A ~ 1 ~ 1 !1 .1 ,- ~.. ~L,o ('tit., !`~ :1 L.o ~L.e .,,.«l; «~ ~T- 111V I+IJV r ~ r ~ t, 11 1, •~ 1!1 F ,1 ~••0,.1.,., ~L,...~,;,-...1~,.~.~ +L.o ., o,~.;~;o~ . ,; 11 l.o ., o,~,~o.i Y r a ^r~ Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required. 5. Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 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. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 14 OF 24 r ! approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 8. All fencing shall be installed in accordance with MCC 12-4-10. If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 9. 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. 10. The applicant may be allowed to utilize a temporary septic system for the office/apartment use ~„ ~>,~°° T ^nly The applicant shall enter into anon-development agreement for the balance of the property until proper sewer service is available in conformance with the City's facility plan (see AZ-04-013). The arrangement for a septic system connection for the proposed office/apartment use is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. The applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. 11. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 1 7 TL. T.i L, D L. 4 4' L. 11 L. 1. b.4 ' 4 n.+.ti...l~.+.+..° .:.:41. 4L.° .. .°.1 o' r f ~ 13. All mini-storage units shall have a 20-foot clear minimum separation between buildings, and between fences and buildings, for circulation and emergency access. 14. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 15 OF 24 and provide signage "No Parking Fire Lane". 15. Provide a Klloxbox entry system for the complex. 16. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 17. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing. 18. The applicant shall 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 a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 19. 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). 20. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe 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. 21. 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. 22. The hours of operation of the storage facility shall be contained between 6:00 a.m. and 10:00 p.m. on all days. GENERAL REQUIREMENTS 1. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 16 OF 24 • 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval The Board of Commissioners authorize the expenditure of other District funds (approximately $30,000.00), if available, for the purchase ofright-of--way on Overland Road dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate bydonation an additiona123-feet ofright-of--way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41-feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of--way, in an easement provided to the District. Provide a road trust deposit in the amount of $12,900.00, to be used for future sidewalk construction along the applicant's property. 2. Dedicate 35-feet of right-of--way from the centerline of Stoddard abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process theright-of--way dedication after receipt of all requested material. The owner will not be compensated for this additionalright-of--way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard as one-half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) co0ncrete sidewalk within the 35-feet ofright-of--way from the centerline of Stoddard Road that will be dedicated with this application. OR Provide the District with a Public Rights of-Way Road Trust deposit in the amount of $35,200.00 for the first 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 17 OF 24 • • widening to one-half of a 46-foot street section for the 500-foot of frontage on Stoddard Road that is included in the District's Five Year Work Program. 4. Provide the District with a Public Rights-of--Way Road Trust Fund deposit in the amount of $2,000.00 for the construction of a median to be installed as a part of the Overland Road project in 2007. 5. Construct a 20-foot wide full-access driveway that intersects Stoddard Road approximately 445-feet south of Overland Road. 6. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. Other than the access points that have been approved with this application, direct lot access to Overland Road and Stoddard Road is prohibited unless otherwise approved by the District. 8. Comply with all Standard conditions of Approval. Standard Conditions of Approval 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. 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 STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 18 OF 24 i • 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 applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 19 OF 24 ~ • combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 9. Provide a Knoxbox entry system for the complex. 10. 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. 11. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 12. Building setbacks shall be per the Building Code for one and two story construction. 13. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. E. Adopt the Recommendations of the Central District Health Department as follows: Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 2. We will require more data concerning soil conditions on this Proposal before we can comment, if on-site sewage disposal is proposed. 3. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: high seasonal ground water, waste flow characteristics, or bedrock from original grade. 4. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters if more than 600 gallons a day are proposed. CHDH has not received any correspondence or inquiries from Lyons Development regarding on-site sewage disposal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 20 OF 24 • F. Adopt the Recommendations of Sanitary Services Company as follows: Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. G. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: Modification of the CUP conditions made by the Planning and Zoning Commission, to include: a. Requiring a 25-foot wide landscape buffer to the west; b. Coordinating materials to be used with the adjacent property owner; c. Approving amenities presented by applicant at the public hearing; and d. Limiting hours of operation within the development to be from 6:00 a.m. to 10:00 p.m. 2. Applicant is granted a waiver of the standard tiling of the Hardin Drain located on the southerly boundary of the property. 3. Applicant shall be required to complete its offer to donate a sewer easement to the City to facilitate the sewer extension through the property in the future. Applicant shall coordinate with the Public Works Department and the Nampa-Meridian Irrigation District the provisions for any required sewer easement adjacent to the Hardin Drain. 4. No RV dump shall be activated until the Black Cat sewer trunk is activated and connected to the property. 5. Applicant has submitted copies of a revised site plan and landscape plan reflecting the changes required by the Commission, dated July 30, 2004. Therefore, the preliminary plat date shall be July 30, 2004. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 21 OF 24 • 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 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 maybe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 22 OF 24 i ! property which maybe 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 ~ ~ ~?~' ~~. , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED Gv COUNCILMAN BILL NARY VOTED ,. COUNCILMAN CHARLIE ROUNTREE VOTED i , p CL ~~, `~ COUNCILMAN KEITH BIItD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -~ DATED: ~'~ - ~ -D`~ MOTION: APPROVED: ~ DISAPPROVED: day of ~4+~~~,~uuurn~~fr~f ,t~` y 4~ ~f~i, Mayor T de Weer .~ a Attest: , ~ ~ ~~ ~• s~ _i~,re~..- :~ SEAL = _ ~ .- William G. Berg, Jr., ity Clerk =`, ~ ~ ,~~ ~,''*., !Wi't'`(. ~``.`~. r~+~~'~~'~)61 ititlllti~`1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 23 OF 24 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:~Q.1 l~~n-.. Dated: ~ - Z ~ ' ~~' City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-017 PAGE 24 OF 24 • • September 3, 2004 PP 04-018 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT Big View Builders ITEM NO. S-~ REQUEST Findings -Request for Preliminary Plat approval for a re-subdivision of Lot 2 Tramore Subdivision consisting of 16multi-family residential building lots and 3 common lots on 5.7 acres in an L-O zone for proposed Roundtree Subdivision - e/o N. Linder Road on s/o E. Pine Ave. I I 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 altoched Flndinys tA,~' ,• Contacted: ' ~ Date: ~ "1 ~`-~ Phone: Emailed: Staff Initials: Materials presented at public meetin~a shall become property of the City of Meridlarr. • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/17/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF 16 BUILDABLE LOTS AND 3 COMMON/OTHER LOTS ON 5.7 ACRES IN THE L-O ZONE FOR ROUNDTREE SUBDIVISION Case No. PP-04-018 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT RON BABNEAU, Applicant The above entitled matter coming on regularly for public hearing before the City Council on August 17, 2004, and Anna Powell, Steve Bradbury and John Renison, appeared and testified; 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 of Roundtree Subdivision submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT The property is approximately 5.7 acres in size and is located on the south side of W. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West. 2. Hughes Properties, LLC, is the current property owner, who has provided notarized consent for the subject application. 3. The Applicant is Ron Babneau of Big View Builders. 4. The subject property is currently zoned L-O. The zoning of L-O is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 1 OF 19 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: A multi-family residential subdivision with sixteen (16) buildable lots and three (3) common/other lots. 8. The Nine Mile Drain is a significant feature that affects the consideration of this application. 9. The Planning and Zoning Commission recognizes the concerns of Maxine Johnson, expressed at the hearing on July 15, 2004. The the City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-O1-006), and the current Conditional Use Permit (CUP-04-018) application shall also be considered conditions of the Preliminary Plat (PP-04-018). 2. The modified development standards, including reduced side and rear setbacks, and reduced frontage requirements, are approved as requested. Side setbacks shall be a minimum of 5-feet to property line (minimum 10-feet between permanent structures). Rear setbacks shall be a minimum of 10 feet. There is no minimum street frontage requirement for the lots within the proposed subdivision. 3. Provide the City with a copy of a recorded cross-access easement for all of the lots within the subdivision to utilize the drive aisle easement as access to the public street system. 4. Prior to issuance of any building permits, a permanent vehicular crossing of the Ninemile Drain shall be constructed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDNISION - CASE NO. PP 04-018 PAGE 2 OF 19 s s 5. Provide a Fire Department approved secondary access to the site. Extend the northern most drive aisle to the east property line to provide secondary (emergency) and pedestrian access between the subject site and the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20-feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridian Fire Department, provide a 20- foot wide swing or sliding gate equipped with a knoxbox padlock at the eastern terminus of the drive aisle. 6. The landscape plan (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following changes: a. A license agreement from Nampa Meridian Irrigation District for the proposed landscaping within the easement for the Rutledge Lateral and the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed landscaping can not be obtained for the proposed landscaping within the irrigation easements, trees shall be planted in accordance with MCC outside of the easements. Make any changes necessary on the landscape plan. b. With the submittal of the landscape plan for the final plat, identify the species of each proposed tree and cross-reference the tree in the legend. In accordance with MCC 12-13-7-4, a minimum of 4 species of trees shall be planted on site. 7. Place a note on the face of the final plat stating: "No fencing shall be built closer to any building than five feet per story." If the Applicant intends to install any permanent fencing within the subdivision, 10 copies of fencing details must be submitted at least 10 days prior to the City Council hearing. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 8. The Applicant shall not be required to cover/tile the Ninemile Drain abutting the site. In accordance with Meridian City Code, the Applicant should be required to the or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDNISION - CASE NO. PP 04-018 PAGE 3 OF 19 • 9. Underground wear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, asingle-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. 10. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. 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 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. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. 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. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 4 OF 19 • 5. Streetlights will 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. 6. 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 crawl spaces of homes is at least 1-foot above groundwater. 7. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 8. 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 maybe used for non-domestic purposes such as landscape irrigation. 9. 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. 10. Maintenance of all common areas shall be the responsibility of the Roundtree Owners Association. 11. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 12. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACRD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 5 OF 19 • C; Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east of the west property line, as proposed. 2. Other than the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 6 OF 19 • 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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'. 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. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 7 OF 19 • 7. Building setbacks shall be per the Building Code for one and two story construction. 8. 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 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. Section D106.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot 1 (Tramore Senior Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. 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 Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 8 OF 19 ~" 1 ~J • 3. The District's 9-Mile Drain courses through the middle of this proposed project. The District's Rutledge Lateral courses along the south boundary of this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliance permit. G. Adopt the recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the east. H. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 9 OF 19 • ~ 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat of ROUNDTREE SUBDIVISION, dated May 14, 2004, is hereby conditionally approved; and 2. The conditions of approval 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 PLATT 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-O1-006), and the current Conditional Use Permit (CUP-04-018) application shall also be considered conditions of the Preliminary Plat (PP-04-018). 2. The modified development standards, including reduced side and rear setbacks, and reduced frontage requirements, are approved as requested. Side setbacks shall be a minimum of 5-feet to property line (minimum 10-feet between permanent structures). Rear setbacks shall be a minimum of 10 feet. There is no minimum street frontage requirement for the lots within the proposed subdivision. 3. Provide the City with a copy of a recorded cross-access easement for all of the lots within the subdivision to utilize the drive aisle easement as access to the public street system. 4. Prior to issuance of any building permits, a permanent vehicular crossing of the Ninemile Drain shall be constructed. 5. Provide a Fire Department approved secondary access to the site. Extend the northern most drive aisle to the east property line to provide secondary (emergency) and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDNISION - CASE NO. PP 04-018 PAGE 10 OF 19 • pedestrian access between the subject site and the recently approved Rock Creek Development. Construct the drive aisle to be a minimum of 20-feet wide with curb, gutter and sidewalk. Unless otherwise approved by the Meridian Fire Department, provide a 20- foot wide swing or sliding gate equipped with a knoxbox padlock at the eastern terminus of the drive aisle. 6. The landscape plan (Sheet L1.0, dated 5/13/04 by Rennison Engineering) is approved with the following changes: a. A license agreement from Nampa Meridian Irrigation District for the proposed landscaping within the easement for the Rutledge Lateral and the Ninemile Drain may be required. Prior to signature of the final plat, submit said license agreement. If a license agreement for the proposed landscaping can not be obtained for the proposed landscaping within the irrigation easements, trees shall be planted in accordance with MCC outside of the easements. Make any changes necessary on the landscape plan. b. With the submittal of the landscape plan for the final plat, identify the species of each proposed tree and cross-reference the tree in the legend. In accordance with MCC 12-13-7-4, a minimum of 4 species of trees shall be planted on site. 7. Place a note on the face of the final plat stating: "No fencing shall be built closer to any building than five feet per story." If the Applicant intends to install any permanent fencing within the subdivision, 10 copies of fencing details must be submitted at least 10 days prior to the City Council hearing. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4-10.F.3). If no permanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing shall be installed in accordance with MCC 12-4-10. 8. The Applicant shall not be required to cover/tile the Ninemile Drain abutting the site. In accordance with Meridian City Code, the Applicant should be required to the or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 11 OF 19 • available, asingle-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. 10. Sewer and water service shall be via main line extension from the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. 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 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. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. 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. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). Streetlights will 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 12 OF 19 • • contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. 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 crawl spaces of homes is at least 1-foot above groundwater. 7. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 8. 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. 9. 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. 10. Maintenance of all common areas shall be the responsibility of the Roundtree Owners Association. 11. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 12. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 13 OF 19 • 2. Other than the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. 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 shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 14 OF 19 • 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 15 OF 19 L' one side :7 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. Section D106.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot 1 (Tramore Senior Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. 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 Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's 9-Mile Drain courses through the middle of this proposed project. The District's Rutledge Lateral courses along the south boundary of this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 16 OF 19 r~ 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliance permit. G. Adopt the recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide a stub driveway to the property to the east. H. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDIVISION - CASE NO. PP 04-018 PAGE 17 OF 19 ~ ~ The preliminary plat of ROUNDTREE SUBDIVISION, dated May 14, 2004, and stamped: ,and stamped: RECEIVED ,CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. 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 maybe 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 maybe 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. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED-{y~'~~ COUNCILMAN BILL NARY VOTED_~~26~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDNISION - CASE NO. PP 04-018 PAGE 18 OF 19 COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) • VOTED_~~~+P~- VOTED_~?~~. VOTED Mayor Tamljr~jete Weerd Attest: William G. Berg, Jr., City Copy served upon Applicant, Department and City Attorney. *>>1111111f1T-ITT + ~\,,,.~~ pF NiEI~ ~~j~,~~ j ~~ <( + ~ ~ ,M SEAL :~~ `9 g~vsT ~~.~ ,'` ,~0 ~~~ +' Q ~P ~\ a The Plannifg ~~~~~~ Department, Public Works gy. Dated: ~1' ~ a- 6~' City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Itoundtree Sub PP 04-018 CUP 04-018\Roundtree PP-04-018 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT ROUNDTREE SUBDNISION - CASE NO. PP 04-018 PAGE 19 OF 19 • September 3, 2004 CUP 04-018 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT Big View Builders ITEM NO. S'K REQUEST Findings -Request for a CUP for a PD for a reduction to 10-feet for tear setback, minimum 5-foot side setback, min 20-foot front setback and no minimum frontage requirement for lots within proposed development for Roundtree Subdivision - e/o N. Liner & s/o E. Pine Ave. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sae oltached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: G~~~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT WEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc mestin~s shall became property of the Cffy of Meridian. • • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 08/17/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF 64 MULTI-FAMILY UNITS, INCLUDING REDUCED BUILDING SETBACKS AND REDUCED LOT FRONTAGE ON 5.7 ACRES IN THE L-O ZONE FOR ROUNDTREE SUBDIVISION Case No. CUP-04-018 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT RON BABNEAU, Applicant The above entitled conditional use permit application having come before the City Council on August 17, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell, Steve Bradbury and John Renison, 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 Order to-wit: FINDINGS OF FACT The property is approximately 5.7 acres in size and is located on the south side of W. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West. 2. Hughes Properties, LLC, is the current property owner, who has provided notarized consent for the subject application. 3. The Applicant is Ron Babneau of Big View Builders. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 1 of 16 4. The subject property is currently zoned L-O. The zoning of L-O is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. The applicant requests the Conditional Use Permit for a Planned Development for multi- familyresidences with reduced building setbacks and reduced lot frontage. The Planned Residential Development designation 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). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognizes the concerns of Maxine Johnson, expressed at the hearing on July 15, 2004. The City Council of the City of Meridian hereby approves the requested Conditional Use Permit for a Planned Development Plat as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add Site Specific Condition #14 to page 18 requiring the applicant to: "Work with Planning & Zoning staff on traffic claming devices on the flag lot entering said property." 2. Add Site Specific Condition #15 to page 18 requiring the applicant to: "Install additional windows on the second floor of those buildings that are adjacent to open space common lots." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTf ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 2 of 16 • SITE SPECIFIC CONDITIONS (CONDITIONAL USE1 1. All conditions of the previously approved development agreement, Tramore Subdivision (PFP-O1-006), and concurrent Preliminary Plat (PP-04-018) shall also be considered conditions of the Conditional Use Permit (CUP-04-018). 2. The project shall conform to the modified dimensional standards, as follows: No minimum frontage requirements for the lots within the proposed development. Minimum 10-foot rear setback; minimum 5-foot side setback (measured to property line); minimum 20-foot front setback. Construction materials used on the structures with modified setbacks/separation shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. As amenities for the planned development, construct a picnic area complete with a sand court and a picnic shelter on Lot 14, Block 1. 4. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, as proposed. 5. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck, as proposed on the landscape plan. 6. Provide parking for each four-plea structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall 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 a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 9. Construct a pathway on the north side of the Ninemile Drain, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). Said pathway shall be a minimum of 5-feet wide and constructed to align with the existing pathway on the east side of the driveway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 3 of 16 • 10. All internal sidewalks shall be constructed in accordance with MCC 12-5-2.K. 11. 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). 12. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 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, amenities, sewer, water, etc. 13. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 14. Work with Planning & Zoning staff on traffic claming devices on the flag lot entering said property. 15. Install additional windows on the second floor of those buildings that are adjacent to open space common lots. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east of the west property line, as proposed. 2. Other than the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. 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 ROUNDTREE SUBDNISION - CASE NO. CUP 04-018 Page 4 of 16 • • 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 shall contact ACRD 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 5 of 16 • • 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. 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 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. Section D106.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot 1 (Tramore Senior Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. E. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 6 of 16 ~ s Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliance permit. F. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. G. Adopt the action of the City Council taken at their August 17, 2004 meeting, as follows: For Clarification: The open space amenity shall include an additional hard surface half court basketball court adjacent to the volleyball sand pit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 7 of 16 ., s DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a Planned Development consisting of 64 multi-family units, including reduced building setbacks and reduced lot frontage on 5.7 acres in the L-O Zone for Roundtree Subdivision, located on the south side of W. Pine Avenue, approximately 1,000 feet east of Linder Road, in Section 12, Township 3 North, Range 1 West, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Add Site Specific Condition #14 to page 18 requiring the applicant to: "Work with Planning & Zoning staff on traffic claming devices on the flag lot entering said property." 2. Add Site Specific Condition #15 to page 18 requiring the applicant to: "Install additional windows on the second floor of those buildings that are adjacent to open space common lots." B. 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 previously approved development agreement, Tramore Subdivision (PFP-O1-006), and concurrent Preliminary Plat (PP-04-018) shall also be considered conditions of the Conditional Use Permit (CUP-04-018). 2. The project shall conform to the modified dimensional standards, as follows: No minimum frontage requirements for the lots within the proposed development. Minimum 10-foot rear setback; minimum 5-foot side setback (measured to property line); minimum 20-foot front setback. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 8 of 16 • • Construction materials used on the structures with modified setbacks/separation shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. As amenities for the planned development, construct a picnic area complete with a sand court and a picnic shelter on Lot 14, Block 1. 4. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, as proposed. 5. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck, as proposed on the landscape plan. 6. Provide parking for each four-plex structure within each individual lot. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of the development. Said landscape buffer may be included within the existing irrigation easement if a license agreement for landscaping is obtained from the Nampa Meridian Irrigation District (NMID). If the Applicant is unable to obtain a license agreement from NMID, provide a minimum 5-foot wide landscape buffer outside of the NMID easement. 8. The Applicant shall 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 a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 9. Construct a pathway on the north side of the Ninemile Drain, from the west property line to the edge of pavement of the existing driveway (approximately 12-feet long). Said pathway shall be a minimum of 5-feet wide and constructed to align with the existing pathway on the east side of the driveway. 10. All internal sidewalks shall be constructed in accordance with MCC 12-5-2.K. 11. 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). 12. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 9 of 16 will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 13. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 14. Work with Planning & Zoning staff on traffic claming devices on the flag lot entering said property. 15. Install additional windows on the second floor of those buildings that are adjacent to open space common lots. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Utilize the existing 30-foot wide curb return type driveway that intersects Pine Avenue approximately 10-feet east of the west property line, as proposed. 2. Other than the access point that has specifically been approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this access restriction should be noted on the final plat. 3. 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 ROUNDTREE SUBDNISION - CASE NO. CUP 04-018 Page 10 of 16 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT ROUNDTREE SUBDNISION - CASE NO. CUP 04-018 Page 11 of 16 D. Adopt the Meridian Fire Department Recommendations as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 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. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Building setbacks shall be per the Building Code for one and two story construction. 8. 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 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. Section D106.1 of the IFC requires two separate approved fire accesses for developments with over 100 multi-family units. With the 72 units on Lot 1 (Tramore Senior Apartments), and the proposed 64 units on Lot 2, the Fire Department is requiring a second access point to this site (east). A 20-foot wide swing or sliding gate equipped with a knoxbox padlock will be required. E. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDNISION - CASE NO. CUP 04-018 Page 12 of 16 Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 2. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stops bumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Certificate of Zoning Compliance permit. F. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Roundtree Subdivision will have a significant impact on school enrollments at Peregrine Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house twenty-two (22) elementary aged children, nineteen (19) middle school aged children, and fifteen (15) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. G. Adopt the action of the City Council taken at their August 17, 2004 meeting, as follows: For Clarification: The open space amenity shall include the additional hard surface half court basketball court adjacent to the volleyball sand pit. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 13 of 16 • 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 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 maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDNISION - CASE NO. CUP 04-018 Page 14 of 16 ~ « 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 ~~ri, , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED_ '~~~ COUNCILMAN BILL NARY VOTED_~~c~ COUNCILMAN CHARLIE ROUNTREE VOTED_ (~~, COUNCILMAN KEITH BIRD VOTED_~i~~~-- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~T~~ MOTION: APPROVED: DISAPPROVED: Mayor y de Weerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT ROUNDTREE SUBDIVISION - CASE NO. CUP 04-018 Page 15 of 16 ~~~,~~u~i ~1 a iu~~~~~~ AA > Attest: ~.~`'~~~t ~ ~O~ `''%, .~ o SEAL William G. Berg, Jr., City C1 c ~°~' ~ Copy served upon Applicant, Planning and Zorf>!j.~~'in~~~~~ublic Works Department and the City Attorney. `din+--+ti1+'``~ By: ~~~ ~~) Dated: ~ '~ ~ ' Q~ City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Roundtree Sub PP 04-018 CUP 04-018\Roundtree CUP 04-018 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ROUNDTREE SUBDIVISION -CASE NO. CUP 04-018 Page 16 of 16 September 3, 2004 MERIDIAN CITY COUNCIL MEETING AZ 03-029 September 7, 2004 APPLICANT CMD, Il1C. ITEM NO. S"~ REQUEST Development Agreement -Request for annexation and zoning of 26.46 acres from RUT to R$(PD) zones for proposed Sheridan Place Subdivision -north of East McMillan Road and erve4 i,f PlnrFh I nct tc~ ~rAVP_ RAdd 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: Contacted: ~Z~ ~' Date: ~ U Phone: Emailed: ~S- .P,S St fnitials• Materials presented at pubNc meeflnys shall become property of the City of Meddlan. COMMENTS See cltached Development A~resment • NGINEERING E ~..~~,~d.~ OLUTIONSu. To: Mr. Will Berg, City Clerk Ms. Tara Green, Deputy City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 We are sending you: ~~~ ~~.; -~~~' ~~G 3 ~ t~J4 CITE' OF MERIDIAN 'CITY C:I_F4f~ n~~,~,- East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 SMITTAL division Co ies Dated Descri don 1 Sheridan Place Subdivision Develo ment A mement These are transmitted as indicated below: X For A royal A roved as Submitted Submit for Distribution For Your Information A roved as Noted Retum Corrected Prints x As R nested Returned for Corrections For Pre-Construction For Review and Comment Price For Bids Due: Resubmit for A royal Remarks: Please obtain the annexation ordinance from the City Attorney and place the agreement on the next available agenda for the City Council to approve. Thank you! Co to: File Si ned: Shari Stiles • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 09117104 02:9 PM RECO DED-"REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 104119648 DEVELOPMENT AGREEMENT PARRIES: 1. City of Meridian 2. James Fuhrman and Diane Fuhrman, Owner 3. Robert Chavez, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this p~'~ day of ~c qa.!` ~' , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and JAMES and DIANE FUHRMAN, whose address is 1860 E. McMillan Road, Meridian, Idaho 83642, hereinafter called "OWNER", and Robert Chavez, whose address is 1770 W. State Street, #153, Boise, Idaho 83702, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/OWNER/DEVELOPER" are the owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 1 OF 18 • subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~8'`~ day of ~, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "OWNER/DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 2 OF 18 • • NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and aze incorporated herein as if set forth in full. 3. DEFIl~TITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Robert Chavez, whose address is 1770 W. State Street, #153, Boise, ID 83702, the party owning and developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to James. and Diane Fuhrman, whose address is 1737 E. Summer Falls, Meridian, ID 83642, the party owning a portion of said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain pazcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 which aze herein specified as follows: DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 3 OF 18 • Construction and development of a planned development for a residential neighborhood in an R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 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 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 amulti-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.) Ou arcel: 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 ACRD as follows: DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 4 OF 18 • Dedicate 48-feet ofright-of--way from the centerline (or 38-feet ofright-of--way from the centerline) of McMillan Road abutting the pazcel 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 mazket 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 aze available. 2. If the applicant dedicates 48-feet ofright-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 ofright-of--way, as proposed. 9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the east property line, as proposed. DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 5 OF 18 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. DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 6 OF 18 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 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. Brineger, pertaining to the ditches, irrigation, the boundary and the DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 7 OF 18 fences for resolution to those matters. Additionally, the applicant has been working with the neighboring Homeowners' 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 proj ect, which are Preliminary Plat -Revised PP- 03-035, and Conditional Use Permit -Revised CUP-03-060. 7. COMPLL~NCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Owner/Developer" or "Owner" and/or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Owner/Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Owner/Developer" and if the "Owner" and/or "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 8 OF 18 10.1 In the event "Owner" and/or "Owner/Developer", "Owner" and/or "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and/or "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner" and/or "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If, for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 9 OF 18 i i any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and/or "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Properly" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 10 OF 18 after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Robert Chavez 1770 W. State, #153 Boise, Idaho 83702 OWNER: James and Diane Fuhrman 1860 E. McMillan Road Meridian, Idaho 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Properly", or portions thereof, except that any sale or alienation shall be subject to the provisions DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 11 OF 18 hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and/or "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and /or "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 12 OF 18 ACKNOWLEDGMENTS C~ IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BY: R RT CHAVEZ Attest: BY: OWNER: BY: FUHRMAN BY: DIANE FUHRMAN DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 13 OF 18 i Attest: CITY STATE OF IDAHO ) :SS COUNTY OF ADA ) CITY OF MERIDIAN BY: .*~' ~~~~ Ofd <~~~' ~~%~ T,~ '. `O ~~,~A~ y ~ ~M :~~~'9 UST t ~~ ~ ~~d\`~~ d ~,l.i pj3Ed ijill<<~{~ '1~ On this day of ~ ~~ ~- , in the year 2004, before me, a Notary Public, personally appeared Robert Chavez, known to me to be the person who executed the instrument and acknowledged to me that he executed the same. r +.+•'~CCA L. ~ •.,~ (SEAL) ? 4~• 110T.q$9,,~ ~`~ r ~''•..A OF I~ ~'.•`~. DEVELOPMENT AGREEMENT (REVISED AZ-03-029) PAGE 14 OF 18 i STATE OF IDAHO ) :ss COUNTY OF ADA ) On this ~ day of ~CA" 1/_ ~~' , in the yeaz 2004, before me, a Notary Public, personally appeaze~i James and Diane Fuhrman, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) STATE OF IDAHO ) :ss County of Ada ) Notary Public for Idaho Residing at: ~` , ~0 ~ Commission expires: I~/?~? / 0 9 On this day of ~Pa~-pw. ~er , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ~ * ~ ~.~ N:~ ~UBL1G ~' ~•'~.,'9 j. •••....••' ~~~.•' ``•~ ~' OF ID ~'~~•~. ary P blic for Idaho id' gat: c°r `~'ah fission expires: ~ a.o n~ DEVELOPMENT AGREEMENT (AZ-03-015) PAGE 15 OF 18 ~ ~ EXHIBIT A SHERIDAN PLACE SUBDIVISION A parcel of land proposed for annexation to the City of Meridian, located in the SW 1/4 of Section 29, the SE '/4 of Section 30, the NW '/4 of Section 32 and the NE '/4 of Section 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of Section 29 of T.4N., R.lE., from which the south'/4 corner of said Section 29 bears South 89°12' 14" East, 2653.11 feet; thence along the west line of said Section 29 North 00°25'34" East, 25.00 feet to a point on the north right-of--way of E. McMillan Road, said point being the REAL POINT OF BEGINNING. Thence along said north right-of--way South 89° 12' 14" East, 825.01 feet; thence North 02°15'59" East, 640.26 feet; thence North 89°20'20" West, 95.56 feet; thence North 00°25'34" East, 664.88 feet; thence South 89°28'35" East, 577.67 feet; thence South 00°28'25" West, 1066.91 feet; thence North 89° 12' 14" West, 164.00 feet; thence South 00°28'25" West, 290.55 feet to a point on the south right-of--way of E. McMillan Road; thence along said south right-of-way North 89°12' 14" West, 269.52 feet; thence South Op°33'02" West, 458.07 feet; thence North 89°17'20" West, 845.15 feet; thence South OQ°33'22" West, 180.Sfl-feet; thence North 89°17'20" West, 48.00 feet to a point on the west line of said Section 32 and the existing Meridian City Limits Boundary; DEVELOPMENT AGREEMENT (AZ-03-015) PAGE 16 OF 18 thence along said west line, and said City Limits Boundary, North 00°33'25" East, 4.89 feet; thence continuing along said City Limits Boundary North 89°46'20" West, 25.00 feet to a point on the west right-of--way of N. Locust Grove Road; thence along said west right-of--way North 00°33'22" East, 660.11 feet; thence continuing along said west right-of--way North 00°25'34" East 25.13 feet to a point on the north right-of--way of E. McMillan Road; thence along said north right-of--way South 89° 12' 14" East, 25.00 feet to the Point of Beginning. Containing 26.48 acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-015) PAGE 17 OF 18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\WorklM~Meridian~Ivleridian 15360M~Sheridan Place Sub AZ-03-029 PP-03-035 CUP-03-060~DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-03-015) PAGE 18 OF 18 BEFORE THE MERIDIAN CITY COUNCIL C/C 05/04/04 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 MII,E EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT Case No. AZ-03-029 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ~' TION 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 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR A-NNE~~ATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 1 OF 17 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. 3. 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 41ots 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 GRANTII~TG APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 2 OF 17 • 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 properly 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 properly as Medium Density Residential. 10. There are significant existing trees that affect the consideration of this application. 11. Criving 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- domesticpurposes such as landscape irrigation. Develoornent A Bement: 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 sidewalksand amulti--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.) Ou arcel: 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 ACRD as follows: FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISID AZ-03-029) PAGE 3 OF 17 r ~ 1. Dedicate 48-feet ofright-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. Theright- 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 ofright-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 properly 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 2Q-foot wide driveway that intersects McMillan Road at the east property line, as proposed. 10. Construct center islands/medians within the publicright-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-squaze foot azea. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANT]NG APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 4 OF 17 a ~ l l .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 maybe 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 fii11 business days prior to breaking ground within ACRD 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 • 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 sha11 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 properly 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 properly unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. -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 feaces 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. 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 FIl~iDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-U3-029) PAGE 6 OF 17 • 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 onpage two (item 7) ofthe 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. 13. It is not anticipated that the. applicant intends to rezone the subject property in the future. 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 maser similar to the proposed. subdivision, with single-familyresidential 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 A1'1NEXATION 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 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 fizrther 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 1~, 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 ANNE~~ATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 8 OF 17 i • 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 ACRD 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 ANNF~~ATTON AND ZONING SHERIDAN PLACE SUBDIVISION (REVISID 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 PmP~3' 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 A1'11~TEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 10 OF 17 • 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 pernut the conversion of lazge 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. 8. 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 • • l . 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 prepazed 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 aze 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 ofthe Meridian Planning & Zoning Department, as modified by the Commission as follows: Existing Wells & Septic: Aay 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- domesticpurposes 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 Preluninary Plat and Conditional Use applications. It should also require sidewalks and amulti-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.) Ou azcel: The applicant shall submit a legal description for the outpazcel (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 ACRD as follows: 1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet ofright-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 GAG 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 pemuts), 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 ACRD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. If the applicant dedicates 48-feet ofright-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 sidewallc 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 properly 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. Conshuct all of the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet ofright-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 publicright-of-way of Schubert Way. Provide a minimum of a 20-foot street section on either side of any proposed center islaad 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. F1NDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANI3TTG APPLICATION FOR ANNEXATION AND ZONING SI~RIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 13 OF 17 l l .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 ACRD 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 ACRD 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 ACRD right-of-way. The applicant FIl~iD1NGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SHERID,~J pLACE SUBDIVISION (REVISED AZ-03-029) PAGE 14 OF 17 • shall contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 aze 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 awaiver/variance of said requirements or other legal relief is granted Pursuant to the law in effect at the time the change in use is sought. C. 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, Pig 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 CityAttorney shall prepare for considerationbythe CityCouncil 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 (REVISID 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 off vial 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. Aa affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-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. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED-~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNF.~~.ATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVISED AZ-03-029) PAGE 16 OF 17 • ~ COUNCII.MAN B]LL NARY COUNCILMAN CHARLIE ROLIrNTREE couNCrLMAN I~.ITx BIRD MAYOR TAMMY de WEERD (TIE BREAI~R) DATED: c~ l ~i MOTION: APPROVED: DISAPFROVED: /~ .``'~~~M~~ ~~ ,l~'~d3' VOTED voz~D y~~ ~ voTED ~~~~. vOTID Fo ' William G. Berg, 7r., City ; -~ ~ '~`~~ O ',,' O,y (,fir ys~ • P~ ``'. SPY ~~ ul~n Applicant, the Planning ~8ua' c0 .r~ ~~;eaot~, PublicWork~sD~dtiie Crty Attorney. BYKT, ~ Dated: ~- O0~ City Clerk's Office z:~w~ is~oa~-s~, rmo~ s~ az-o~ rr-o~ms um ,~ FIlVDINGS OF FACT AND CONCWSiONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR A1~~1rTEXATION AND ZONING SHERIDAN PLACE SUBDIVISION (REVLSED AZ-03-029) PAGE I7 OF 17 ~ ~ September 3, 2004 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. 5'~ REQUEST Approve Bills AGENCY COMMENTS ~~~ .~,~.~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: GIN ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~ti~' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: fNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materfala presented at pubUc meeMn~s shall become property of the CNy of Merl. • • September 3, 2004 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. Z~ REQUEST Water, Sewer & 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 shall become property of fhe City of Meridian. DELINQUENCY FOR TURN OFF SCHEDULED FOR September 8, 2004 CYCLE 2 SEP - l 2004 City of Meridian City Cleric Office MAYOR: This is to inform you in writing, if you so choose, that you have the right to apre-termination hearing at 7:30 P.M. Tuesday, September 7, 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 September 8, 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 $15,457.70 • • September 3, 2004 AZ 03-029 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT CMD, It1C. ITEM NO. ZZ REQUEST Ordinance -Request for annexation and zoning of ?6.48 acres from RUT to R$ (PDj zones for propsoed Sheridan Place Subdivisioni -north of Easte McMillan Road and asset of North Locust Grove 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: See afMched Ordinarce ---__. Contacted: Date: ~ 0~- Phone: Emailed: ~.-c-~c.~ iQl~~~i w~ _ (le, Staff Initials: Materiola pr~santed at pubNc me~ttn~s shall became property of the City of Meridian. • • KEVIN DINIUS IUL.~ KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, In T. Guv Hn[.[.nM ** JR.[. S. HOLINKA JoxN R. KORMANIX WR,t.tAMA. Molutow Wat.IAMF. NtcxoT ** WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER 5700 E FRANKLIN ItD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAx (208) 466-4405 CHRISTOPIiQt S. NYE PHILtP A. PETERSON TonnA. RossnuN TERRENCE R. WHrrE*** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA May 11, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-10 ~~ , (James Fuhrman and Diane Fuhrman) Summary Ordinance 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 James Fuhrman and Diane Fuhrman 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. Nichols Enclosure Z:\Work\M\Meridian\Meridian 15360M~Sheridan Place Sub AZ-03-029 PP-03-035 CUP-03-060\Berg Sum Ord Ixr OS 11 04.doc ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAHO 09/17104 02:39 PM DEPUTY Bonnie Oberbillig llI IIIIIIIIIIIIIII)IIIIIIII~IIII II'll RECORDED-REQUEST OF 104119647 Meridian City CITY OF MERIDIAN ORDINANCE N0.04- ~0 9S AN ORDINANCE FINDING THAT, JAMES FUHRMAN AND DIANE FUHRMAN, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF McMILLAN ROAD, APPROXIMATELY 1/8 MILE EAST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS SHERIDAN PLACE 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: ANNEXATION AND ZONING ORDINANCE (Revised AZ-03-029 - 1 LEGAL DESCRIPTION SHERIDAN PLACE SUBDIVISION A parcel of land proposed for annexation to the City of Meridian, located in the SW '/ of Section 29, the SE '/ of Section 30, the NW '/ of Section 32 and the NE '/ of Section 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of Section 29 of T.4N., R.1 E., from which the south '/ corner of said Section 29 bears South 89° 12' 14" East, 2653.11 feet; thence along the west line of said Section 29 North 00°25'34" East, 25.00 feet to a point on the north right-of--way of E. McMillan Road, said point being the REAL POINT OF BEGINNING. Thence along said north right-of--way South 89°12' 14" East, 825.01 feet; thence North 02°15'59" East, 640.26 feet; thence North 89°20'20" West, 95.56 feet; thence North 00°25'34" East, 664.88 feet; thence South 89°28'35" East, 577.67 feet; thence South 00°28'25" West, 1066.91 feet; thence North 89° 12' 14" West, 164.00 feet; thence South 00°28'25" West, 290.55 feet to a point on the south right-of--way of E. McMillan Road; thence along said south right-of--way North 89° 12' 14" West, 269.52 feet; thence South 00°33'02" West, 458.07 feet; thence North 89°17'20" West, 845.15 feet; thence South 00°33'22" West, 180.50 feet; thence North 89°17'20" West, 48.00 feet to a point on the west line of said Section 32 and the existing Meridian City Limits Boundary; thence along said west line, and said City Limits Boundary, North 00°33'25" East, 4.89 feet; ANNEXATION AND ZONING ORDINANCE (Revised AZ-03-029 - 2 ! • thence continuing along said City Limits Boundary North 89°46'20" West, 25.00 feet to a point on the west right-of--way of N. Locust Grove Road; thence along said west right-of--way North 00°33'22" East, 660.11 feet; thence continuing along said west right-of--way North 00°25'34" East 25.13 feet to a point on the north right-of--way of E. McMillan Road; thence along said north right-of--way South 89° 12' 14" East, 25.00 feet to the Point of Beginning. Containing 26.48 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned 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 t , 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. ANNEXATION AND ZONING ORDINANCE (Revised AZ-03-029 - 3 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. SS D B THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 ~~ day of 2004. ~7 ~ PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! ~' day of 2004. ATTEST: . c CITY CLERK \*~~ ~~ „~' ~~. .. ~~ TFO SEAL ~ ~ ~~~~~,~~f ~. First Reading: `f -' %~O ~ Adopted after first reading 902 Yes: X Second Reading: Third Reading: ~-- WEERD r~~~ ~i ~i r~~ ~~. O ale as allowed pursuant to Idaho Code 50- ANNEXATION AND ZONING ORDINANCE (Revised AZ-03-029 - 4 L~ STATE OF IDAHO,) ss. County of Ada On this ..1-N'` day of Sep~-eM.6e~ , 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 g~,p~~„written. ~.•`' 1GE L "'~.. • ~ • • r~~. ~ '~ (SEAL) ? '~ ~ ~......,,, } ~ N AR PUBLIC FOR IDAHO ~L C :' R SID GAT: /~]erldlay `/'~~`~,~ ~ y .•'~ .` MMISSION EXPIRES: 0 ao O7 Z:\Work\M\Meridian\Meridian 15360M\Sheridan Place Sub A7r03-029 PP-03-035 CUP-03-060\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (Revised AZ-03-029 - 5 0 3 >C~ ~§ $~ ~~ N aa z ~ WWY ~ rr b n 1 g i 1 i 1 Q r~ `Qw mir ~ g y ~ I p j Ci 1 ~ ~-~--~-r- ~ a~~ ~ O ~ ~ b ~ ~ i ~ ~ ~ ~ = ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~: _~ z ~ ~ ~ ~ ~ ~ ~ g 3 ~ gg 3 o ~ f ~ _ i-, ~ ff ~ ~ ~ ~ I X ~O o • ® I I ~ aa V ,C ~ ~ ~ ~~ M ~ ~M I ~~>~ a ,f6'IZfI M,4Z,ffAS - ~ .f0'OZfI ~ (.6B'lZf!) ~ lee M,f9,OL06 ' n Z nin ~ v ~ ~ .Pi, ~i'. W ~jj ^ ~ Z , Z C, .96'9Zfl M,Bf,Zf.05 ~ ,99YZf1 M.86,ZCA5 .f6' Z99 T ,t6Z99 ~ n '~ ~ S8 ,69'499 ~ ~ N ~ I I ~ I Q ~ ~ y W ~ J ~ ~ ~ ~ ~ S H ~ a~ ' ~ ~ ~ ,tf £B6 ,09'091 ,l6'f99 M,CO,ff.05 ,l6'f99 3,LD,ff.ON s ~ Z a N ~ N O _ ~ .-. .~ I H ~ o m `rY "' 1 m Z ~ U ~ a n {~ t- lal so n e ~ S ,.5 .,t ~~ ~ c ' z ~ In ~ ^ ~ ~ /n J 8 8 3 g ,o9'oel ~ ~x 3,LZ,ffAN ~ M .69'499 -~ ~ ,68'499 ,If'BZfI ,60'699Z 3,LZ,ffAN n ~ •aa 3noao lsnooi ~ ~~~ ~ ~ ~ ~ ~ig~ $s ~~ M d rid r &~ • 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- O $ ,passed by the City Council of the City of Meridian, on the 7'~%~`' day of cfP~y~'`+ieN•~•.% 2004, is a true and correct copy of the original of said document which is in the care, custody and control of t~ie~ City Clerk of the City of Meridian. T`,~`,~~~ ,fit ~~;~~~,,~~~~, .~~ G` RP~Rq '` ~~ ~-P rF o ~J'~,~CG= /~ ~ AL = WILLIAM G. BERG, J ~ ~G ~o~' STATE OF IDAHO, ) , ss. County of Ada, On this ~~ ~ day of ~e P~-e~de~ , in the year ~OU~/ ,before me, ~,~; c e ~ , ~,,,~; +-~- , 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. Nina ~~~.~~1CB L. S~'••.,.. • ~OT,~ , (SEAL) ~ +oUB LlG ~ tary P blic for Idaho %.v'>,'•.~~ ~O ~,~' omm' Sion Expires: ~`/ V y.,~;'~ OF IL~l~' ~•r Z:\Work\M\Meridian\Meridian 153~~13~1~~dan Place Sub AZ-03-029 PP-03-035 CUP-03-060\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Revised AZ-03-029 ~ s WHITE PETERSON ATTORNEYS AT LAW KEVIN D>Nlus JULIE KLEM FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, Ill T. GUY HALLAM ** JILL S. HOLINKA JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** CANYON PARK AT THE IDAHO CENTER $7OO E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466A272 FAx (208) 466405 CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHI'['E ««« * Also admitted in CA ** Also admitted in OR *** Also admitted in WA May 11, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-~, (James Fuhrman and Diane Fuhrman) Summary Ordinance Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for James Fuhrman and Diane Fuhrman pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yo ~ Wm. F. ichols Enclosure Z:\Work\M\Meridian\Meridian 15360M~Sheridan Place Sub AZ-03-029 PP-03-035 CUP-03-060\Berg Sum Ord Ltr OS 11 04.doc • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.04- l D ~$ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by James Fuhrman and Diane Fuhrman, to be known as Sheridan Place Subdivision, consisting of 26.48 acres and commonly located on the north side of McMillan Road, approximately 1/8 mile east of Locust Grove Road, 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 SHERIDAN PLACE SUBDIVISION A parcel of land proposed for annexation to the City of Meridian, located in the SW '/ of Section 29, the SE '/ of Section 30, the NW '/ of Section 32 and the NE '/ of Section 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of Section 29 of T.4N., R.1 E., from which the south '/ corner of said Section 29 bears South 89° 12' 14" East, 2653.11 feet; thence along the west line of said Section 29 North 00°25'34" East, 25.00 feet to a point on the north right-of--way of E. McMillan Road, said point being the REAL POINT OF BEGINNING. Thence along said north right-of--way South 89°12' 14" East, 825.01 feet; thence North 02°15'59" East, 640.26 feet; thence North 89°20'20" West, 95.56 feet; thence North 00°25'34" East, 664.88 feet; thence South 89°28'35" East, 577.67 feet; thence South 00°28'25" West, 1066.91 feet; thence North 89° 12' 14" West, 164.00 feet; thence South 00°28'25" West, 290.55 feet to a point on the south right-of--way of E. McMillan Road; thence along said south right-of--way North 89°12' 14" West, 269.52 feet; ! i thence South 00°33'02" West, 458.07 feet; thence North 89°17'20" West, 845.15 feet; thence South 00°33'22" West, 180.50 feet; thence North 89°17'20" West, 48.00 feet to a point on the west line of said Section 32 and the existing Meridian City Limits Boundary; thence along said west line, and said City Limits Boundary, North 00°33'25" East, 4.89 feet; thence continuing along said City Limits Boundary North 89°46'20" West, 25.00 feet to a point on the west right-of--way of N. Locust Grove Road; thence along said west right-of--way North 00°33'22" East, 660.11 feet; thence continuing along said west right-of--way North 00°25'34" East 25.13 feet to a point on the north right-of--way of E. McMillan Road; thence along said north right-of--way South 89° 12' 14" East, 25.00 feet to the Point of Beginning. Containing 26.48 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Id~a`ho, Meridian, Idaho. This ordinance shall become effective on the 'f~` day of ~J2/O{'Q~v.,bel~ ,2Q441~aiti~rtiii~~i City ofMeridian -- _ Mayor and City Council ~` 9G~ 1~0°' By: William G. Berg, Jr., City Clerk l":. r~~~ ~sT 7c,~ • ,ZQ\ R~ ' O ~~ First Reading: ~- 7~ D ¢ ~ `z ° ,,,~~~~`~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES )C NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Sheridan Place Sub AZ-03-029 PP-03-035 CUP-03-060\SUMANNEXZONGORD.doc • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR Sienna Creek Subdivision Case No. PP-04-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sagewood Development Inc, Applicant The above entitled matter coming on regularly for public hearing before the City Council on August 17, 2004, and Anna Canning, Shawn Nickel, Lisa Wanner Sisler and David Bailey, appeared and testified, 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 of Sienna Creek Subdivision submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT The City Council of the City of Meridian hereby approves the preliminary plat as requested by the applicant for the property described in the application, subject to the following: The property is located approximately'/ mile north of Ustick Road and'/z mile east of Linder Road, Meridian. 2. The owner of record of the subject property is Sagewood Development, Inc. 3. Applicant is Sagewood Development, Inc. 4. The subject property is currently zoned RUT. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 1 of 19 • • The Applicant requests approval of a Preliminary Plat application for 136 building lots and 13 other lots on 30.0 acres. 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Add a paragraph #9 on page eight stating the following: • Stub street in southwest corner of subdivision should be stubbed to Anfield. • Applicant is to comply with ACHD's request to connect W. Ashby Court to Venable Lane. • Add additional stub extending Anton Dr. to property to the south. Location is subject to discussion between current applicant and the property owner to the south. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS /PRELIMINARY PLAT Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the 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. 2. Sanitary sewer service to this site will be via main line extensions from the existing White Drain Trunkline. The subdivision designer is 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. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water. 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, asingle-point connection to the municipal water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 2 of 19 • 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 Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing for the lots bordering common areas shall be 4' in height and made of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on-going condition of approval. 5. Add or revise the following preliminary plat notes: •Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuring material is used for fence construction. 6. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten days prior to the next public hearing for this plat. 7. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 8. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. Any drainage areas (detention/retentionbasfns) 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.) Side slopes within drainage areas shall not exceed 3:1. 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 groundwater. GENERAL COMMENTS 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 3 of 19 CJ 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 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. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 6. 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. 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 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. 8. Contact Meridian's Parks Department regarding the existing matures trees on the subject property. 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 have to be removed. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 4 of 19 12. Contact Sanitary Services Company regarding the location of trash receptacles in the subdivision. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-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. Acceptance of the water supply for fire protection will be by the Meridian Water Deparhnent. 3. 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' . 4. 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. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. 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. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 5 of 19 ! • safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 10. Provide a Knoxbox entry system for the complex. 11. Paint the curb red and provide signage "No Parking Fire Lane". 12. No Parking signs and painted curbs will be required for all Fire Lanes. 13. No parking shall be allowed in Lorna Court. D. Adopt the Recommendations of 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. 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 Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct West Ashton Drive to intersect Venable Lane approximately 235-feet south of the north property line to align with Ashton Drive on the west side of Venable Lane, as proposed. Install a stop sign on Venable Lane (on the south leg) at the West Ashton Drive and Venable Lane intersection. 2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby Drive on the east side of Venable Lane. 3. Dedicate and additiona125-feet ofright-of--way on Venable Lane and construct Venable Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional pavement to complete a 40-foot street section. Stripe Venable Lane as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 6 of 19 • a 3-lane roadway, as recommended by the submitted traffic impact study. Submit the striping plan to the District fro review and approval. 4. Construct West Ashton Drive as a 36-foot street section with rolled curb and gutter and an attached 5-foot concrete sidewalk on the north side of the roadway and construct the south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter and a 4-foot concrete sidewalk that is detached by a 5-foot planter strip on the south side of the roadway, as proposed. 5. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right- of-way, as proposed. 6. Construct the alley with 12-feet of pavement and construct the alley intersection with a minimum ofback-of--curb radius of 15-feet. Obtain a license agreement for the landscaping within the alley right-of--way. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. 7. Extend North Sandoon Drive from the north property line, as proposed. 8. Extend North Arches Way from the east property line (the northeast corner of the property), as proposed. 9. Construct North McKinley Park Avenue to the south property line approximately 96-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating, "this roadway will be extended in the future". 10. If the City of Meridian requires the applicant to construct an additional stub street to the south property line. Install a sign at the terminus of the roadway stating, "this roadway will be extended in the future". 11. Extend West Ashby Court to Venable Lane to align with West Ashby Drive on the east side of Venable Lane. 12. Construct one cul-de-sac turnaround within the subdivision. Provide a minimum turning radius of 45-feet for the cul-de-sac turnaround. 13. Construct one knuckle without a center island within the subdivision, as proposed. 14. Other than the access points that have specifically been approved with this application, direct lot access to Venable Lane is prohibited. A note of the access restriction will be required on the final plat. 15. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 7 of 19 • 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 maybe 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 ACRD 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 8 of 19 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. F. Adopt the recommendations of Settler's Irrigation District as follows: 1. All irrigation /drainage facilities along their easements must be protected and continue to function, the facilities are the Coleman Lateral and the White Drain. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. G. Adopt the action of the City Council taken at their August 17, 2004 meeting as follows: For clarification: 1. Applicant shall amend the plat to include a traffic calming structure in the street which exceeds the maximum block length. 2. The correct date of the preliminary plat is August 16, 2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 9 of 19 • • 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 of SIENNA CREEK SUBDIVISION, dated August 16, 2004, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Add a paragraph #9 on page eight stating the following: • Stub street in southwest corner of subdivision should be stubbed to Anfield. • Applicant is to comply with ACHD's request to connect W. Ashby Court to Venable Lane. • Add additional stub extending Anton Dr. to property to the south. Location is subject to discussion between current applicant and the property owner to the south. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS /PRELIMINARY PLAT 1. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the 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. 2. Sanitary sewer service to this site will be via main line extensions from the existing White Drain Trunkline. The subdivision designer is 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 10 of 19 3. The applicant has not definitively indicated who will own and maintain the pressurized irrigation system within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, asingle-point connection to the municipal 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 Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application for the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Fencing for the lots bordering common areas shall be 4' in height and made of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. This shall be an on-going condition of approval. 5. Add or revise the following preliminary plat notes: •Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuringmaterial is used for fence construction. 6. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten days prior to the next public hearing for this plat. 7. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 8. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The preliminary geotechnical evaluation, as prepared by Geo Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3 1/2 feet. Any drainage areas (detention/retentionhasins) 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.) Side slopes within drainage areas shall not exceed 3:1. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 11 of 19 • 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 groundwater. GENERAL COMMENTS 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. All micro-paths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 6. 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. 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 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. 8. Contact Meridian's Parks Department regarding the existing matures trees on the subject property. 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 have to be removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 12 of 19 • 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11. 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. 12. Contact Sanitary Services Company regarding the location of trash receptacles in the subdivision. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. 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' . 4. 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. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 13 of 19 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. 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. 9. 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 10. Provide a Knoxbox entry system for the complex. 11. Paint the curb red and provide signage "No Parking Fire Lane". 12. No Parking signs and painted curbs will be required for all Fire Lanes. 13. No parking shall be allowed in Lorna Court. D. Adopt the Recommendations of 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 Ada County Highway District as follows: Site Specific Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 14 of 19 • • Construct West Ashton Drive to intersect Venable Lane approximately 235-feet south of the north property line to align with Ashton Drive on the west side of Venable Lane, as proposed. Install a stop sign on Venable Lane (on the south leg) at the West Ashton Drive and Venable Lane intersection. 2. Construct West Ashby Court to intersect into Venable Lane to align with West Ashby Drive on the east side of Venable Lane. 3. Dedicate and additiona125-feet ofright-of--way on Venable Lane and construct Venable Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and additional pavement to complete a 40-foot street section. Stripe Venable Lane as a 3-lane roadway, as recommended by the submitted traffic impact study. Submit the striping plan to the District fro review and approval. 4. Construct West Ashton Drive as a 36-foot street section with rolled curb and gutter and an attached 5-foot concrete sidewalk on the north side of the roadway and construct the south side of West Ashton Drive as a 36-foot street section with rolled curb and gutter and a 4-foot concrete sidewalk that is detached by a 5-foot planter strip on the south side of the roadway, as proposed. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right- of-way, as proposed. 6. Construct the alley with 12-feet of pavement and construct the alley intersection with a minimum ofback-of--curb radius of 15-feet. Obtain a license agreement for the landscaping within the alley right-of--way. Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. 7. Extend North Sandoon Drive from the north property line, as proposed. 8. Extend North Arches Way from the east property line (the northeast corner of the property), as proposed. 9. Construct North McKinley Park Avenue to the south property line approximately 96-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating, "this roadway will be extended in the future". 10. If the City of Meridian requires the applicant to construct an additional stub street to the south property line. Install a sign at the terminus of the roadway stating, "this roadway will be extended in the future". 11. Extend West Ashby Court to Venable Lane to align with West Ashby Drive on the east side of Venable Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 15 of 19 s • 12. Construct one cul-de-sac turnaround within the subdivision. Provide a minimum turning radius of 45-feet for the cul-de-sac turnaround. 13. Construct one knuckle without a center island within the subdivision, as proposed. 14. Other than the access points that have specifically been approved with this application, direct lot access to Venable Lane is prohibited. A note of the access restriction will be required on the final plat. 15. 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 maybe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 16 of 19 ~ ~ 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. F. Adopt the recommendations of Settler's Irrigation District as follows: All irrigation /drainage facilities along their easements must be protected and continue to function, the facilities are the Coleman Lateral and the White Drain. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settler's Irrigation District own, operate and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. G. Adopt the action of the City Council taken at their August 17, 2004 meeting as follows: For clarification: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 17 of 19 C 1. Applicant shall amend the plat to include a traffic calming structure in the street which exceeds the maximum block length. 2. The correct date of the preliminary plat is August 16, 2004. The preliminary plat of SIENNA CREEK SUBDIVISION, dated August 16, 2004, and stamped: ,and stamped: RECEIVED ~ - I V - ,CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. 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 maybe 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 maybe 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 S~D~~,1~e,/ , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 18 of 19 S i COUNCILMAN BILL NARY VOTED u c a- COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Ma ' Ta Weerd" i Attest: `~.~`~~,'~"'~ ~ ~ ~'9'L~~%: 1 T(n ~' a ~ O ~ - SEAL William G. Berg, Jr., Cit Jerk :~ y ~'(,s '~`~ O -, O T ~s~c . ~` ,. Copy served upon Applicant, The Planning aricl'~13~iing Department, Public Works Department and City Attorney. By:y Dated: '"t-a~'"~~ City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Sienna Creek\SiennaCk PP-04-019 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Sienna Creek Subdivision PP-04-019 Page 19 of 19 • • BEFORE THE MERIDIAN CITY COUNCIL C/C September 7, 2004 IN THE MATTER OF THE APPLICATION OF THE LAND GROUP, INC. FOR APPROVAL OF 5 COMMERCIAL BUILDING LOTS ON 3 ACRES IN AN L-O AND C-G ZONES LOCATED EAST OF SOUTH MERIDIAN ROAD AND SOUTH OF EAST OVERLAND ROAD IN A PORTION OF THE NW 1/ OF THE NW 1/ OF T.3N., R.lE., SECTION 19 CASE NO. FP-04-053 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 September 7, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: September 7, 2004, to the Mayor and Council, 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 SHOWING SOUTHERN SPRINGS SUBDIVISION NO.1 (AKA SOUTHERN SPRINGS SUBDIVISION N0.2) LOCATED IN A PORTION OF T.3N., R.1 E., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 1 (AKA SOUTHERN SPRINGS N0.2)/ (FP-04-053) Page 1 of 4 • • IDAHO 2004, DRAWING NO. C046190 FP, SHEET 1 OF 3, HANDWRITTEN DATE: 07/12/04, PINNACLE ENGINEERS, INC.", MICHNER INVESTMENTS, 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 Sonya Allen Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: September 7, 2004, listing 15 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Nampa and Meridian Irrigation district , a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 7, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 1 (AKA SOUTHERN SPRINGS N0.2)/ (FP-04-053) Page 2 of 4 • • obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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: 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 ofoff--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 maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 1 (AKA SOUTHERN SPRINGS N0.2)/ (FP-04-053) Page 3 of 4 • 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, withintwenty-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 jPp}-CiM~x.r , 2004. ```,,u u n n u By -\\~ ~,•`~`,~ O~ ~ ~9~i,~ Ma~ Attest: ~;\`~~~TFO yf,'~~~~: ~, SEAL William G. Berg, Jr., y lerk ~, op ;,~90,~ ~T psi Copy served upon Applicant, the Pl~f~oni~~ City Attorney. '1j+~~~-~ ;>i~t~~`•'1 By:y~Q~~~ ~/Y`1 Dated:_ City Clerk's Office of Meridian Public Works Department, and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOUTHERN SPRINGS SUBDIVISION NO. 1 (AKA SOUTHERN SPRINGS N0.2)/ (FP-04-053) Page 4 of 4 • r ~~ wx LEGAL DEPARTMENT MAYOR deWeerd Tamm ~ir'~'_ ~xa1 T ~ CITY OF R~"" ` (208) 466-9272 •Fax 466405 y - ~ w `'ti PUBLIC WORKS CITY COUNCIL MEMBERS ,/Y /~''N ~ ~ ~ BUILDING DEPARTMENT Keith Bird (/' f ~ ~t/L l ` 4~r (208) 887-2211 •Fax 887-1297 William L.M. Nary lUAHO ~ PLANNING AND ZONING Shaun Wardle j ~ DEPARTMENT Charles M. Rountree ~~ NT~ V (208) 884-5533 • FAX 888-6854 k ~ Tar,~S'utir',". V ~~ _ , $IXCE i903 STAFF REPORT: Hearing Date: September 7, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner t:~ Bruce Freckleton, Senior Engineering Tech Re: Southern Springs Subdivision No. 1 Final Plat approval of Five (5) Commercial Building Lots on 3 Acres in L-O and C-G Zones by The Land Group, Inc. & Pinnacle Engineers (File No. FP-04-053). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicants, The Land Group & Pinnacle Engineers, have applied for Final Plat approval of 5 commercial building lots on 3 acres of land for the first phase of Southern Springs Subdivision. The zoning designation for the proposed subdivision is L-O (Limited Office) and C-G (General Retail and Service Commercial). Southern Springs Subdivision No. 1 is located south-east of the corner of E. Overland Road and S. Meridian Road, in the NW '/ of Section 19, T.3N., R.1 E. The submitted final plat complies with the approved Preliminary Plat. This phase was preliminary platted under the name of Southern Springs Subdivision No. 2; however, due to the fact that Southern Springs Subdivision No. 1 has not received ITD approval for access to Meridian Road, the applicant is proposing that this phase precede the phase that was preliminary platted as Southern Springs Subdivision No. 1. Staff recommends approval of Southern Springs Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS /FINAL PLAT Applicant is to meet all terms of the approved Annexation (AZ-03-030) and Preliminary Plat (PP-03-036). FP-04-053 Exhibit "A" Southern Springs Sub2.FP.doc • Mayor & City Council Hearing Date: September 7, 2004 Page 2 2. Fencing must be in compliance with MCC 12-4-10. 3. Revise the landscape easement width shown on the plat along E. Overland Rd. to 25-feet as required by MCC 12-13-10-4. 4. Revise or add the following notes on the face of the plat: a. Add a note that states that all lots within this subdivision, and the future phase to the west are subject~to a vehicular cross-access agreement recorded as Instrument No. for use of the private street. 5. The landscape plan shall be revised as follows: a. Correct the landscape buffer width shown along the eastern boundary to read 20- feet instead of 25-feet. Scales out correctly but label is wrong. b. In the plant schedule, increase the pot size of the Blue Chip Juniperus to 2 gal. minimum per MCC 12-13-7-3. c. Note calculations for tree mitigation for existing trees removed from site per MCC 12-13-13-6. d. In the calculations table, correct the number of trees provided on the Overland Road commercial frontage to be 7 trees instead of 8. e. Label the proposed vehicular bridge over the Ten Mile Drain. 6. Cross access agreement as noted above in comment 4.a. shall be recorded in the Ada County Recorder's Office with the parcel to the west prior to the City Engineer's signature on the final plat. 7. The applicant has indicated that Nampa & Meridian Irrigation District will own and maintain the pressure irrigation system within this development. 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, asingle-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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 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 owners), 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. The private street, left-turning bay and associated signage and improvements shall comply with conditions #7 and #8 of PP-03-036. FP-04-053 Exhibit "A" Southern Springs Sub2 FP.doc • Mayor & City Council Hearing Date: September 7, 2004 Page 3 10. 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 perimeter fencing, 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, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 11. Sanitary sewer and water service to this site shall be via existing mains. 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. 12. 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. 13. 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 storm drainage must be in compliance with MCC 12-13-14, Stormwater Integration. 14. The sum of the boundary dimension segments along the westerly boundary don't match the overall distance shown. Please make appropriate adjustments. 15. Staff s failure to cite specific ordinance provisions, or terms of the approved Annexation or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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 have to be removed. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty, 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 FP-04-053 Exhibit "A" Southern Springs Sub2 FP.doc Mayor & City Council Hearing Date: September 7, 2004 Page 4 Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5. 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. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-04-053 Exhibit "A" Southern Springs Sub2 FP.doc SEP 2 r ' ~ 20 ~ 33 FR ~ OF MER I U I AN 2'013' 888 4228 TO P~Z P. 01 X01 30 August, 2004 s~P - z City of Mari~iin City Clerk Office 1503 FIRST STREET SOUTH NAAAPA, IDAHO 83651.1395 FAX ~ 208.463.0092 William G. Berg Jr. City Clerk City of Meridian 33 Fast Idaho Ave. Meridiaq lD 8364.2 RE: FP 04-053/Southern Sprigs 8nbdivision No. 2 Dear Will: f~- ~ ~w. L ~ ~~~ ~ Yom' Pl~onas: Araa Coda 208 OFFICE: 1Jompo 466-7861 SHOP: IVampn 466-0663 AFampa & Meridian Irrigation District will reserve all comments on the Final Platting of the abovo--mentioned project until tt-c review is completed. thank you ~3~,~l.~ Siu Iiorrson Asst. Water Superintendent Nam;~a & Meridian Irrigation District BH/d.bg C; WatCr Sttperintes-dtnt File - Office/Shop APPROXIhUATE IRRIGABLE AC:R.ES RIVER FLC)W RK,HTS • 23,000 BOISE PROJEC'i RIGHTS •40,000 Exhibit °ri^ *:+t TOTRL PAGE. 01 ** BEFORE THE MERIDIAN CITY C< IN THE MATTER OF THE ) APPLICATION OF LOCSHA ) FALLS, LLC FOR APPROVAL OF ) 123 BUILDING LOTS AND 14 ) COMMON LOTS ON 49.47 ACRES ) IN AN R-4 ZONE LOCATED WEST ) OF NORTH CINDER ROAD AND ) WEST OF CHINDEN BOULEVARD ) IN A PORTION OF THE NE 1/ OF ) T.4N., R.1W., SECTION 26 ) CASE N RECE~D SEP 3 U 220U4 ce CityClerk Offi City 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 September 7, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III for the Public Works Department, dated: Hearing Date: September 7, 2004, to the Mayor and Council, 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 SHOWING LOCHSA FALLS SUBDIVISION NO. 12 LOCATED IN A PORTION OF THE NE'/ OF T.4N., R.1 W., SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, 40403-PLT.DWG KDH ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 12 (FP-04-054) Page 1 of 4 i • 08/02/04 SHEET 1 OF 3, HANDWRITTEN DATE: 08/02/04, BRIGGS ENGINEERING, INC.", LOCHSA FALLS, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III for the Public Works Department, dated: Hearing Date: September 7, 2004, listing 17 SITE SPECIFIC REQUIlZEMENTS/FINALPLRT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Farwest, LLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their September 7, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 12 (FP-04-054) Page 2 of 4 ~ i preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997.. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 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 maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 12 (FP-04-054) Page 3 of 4 • • 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 ~~~ ~CVY1bfX' , 2004. Attest: ,~~ ~'~ .qy ~~9 ~~ TF~ William G. Berg, Jr., Cit Clerk ;90'~~T ts~ ~ 1~~.~~ Copy served upon Applicant, the Plart~~ig~ -o~in~j~~ City Attorney. %';~;,- r~!NTv1;4`,~<<`~~ By: V City Cler 's Office Public Works Department, and Dated: ~ ~ " ~ "04' de eerd of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 12 (FP-04-054) Page 4 of 4 ~, ,~ MAYOR y: ~, *_ 't .,4 ~ Tammy de Weerd CITY c~F ~~~ ~ , CTI'Y COUNCIL MEMBERS ~ "" ~`'~ Keith Bird ~/ ~1 ~1 ~n ` ~ ~' V William L.M. Nary Shaun Wardle II;3AH0 j ti ~ Charles M. Rountree ~ ~ C ~. N ~Fk ° °~ I~Rt:ASIiRI', V.'~Y su~cc 1983 MEMORANDUM: To: Mayor & City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Engineering Tech III Re: LOCHSA FALLS SUBDIVISION NO. 12 CITY HALL (208) 888-4433 ~ Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 ~ Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 ~ FAX 466-4405 Hearing Date: September 7, 2004 Request for a Final Plat Approval of Lochsa Falls Subdivision No. 12, Consisting of One-Hundred Twenty Three (123) Building Lots and Fourteen (14) Common Lots on 49.47 Acres in an R-4 Zone by Lochsa Falls, LLC (File No. FP-04-007). 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 twelfth phase of Lochsa Falls Subdivision and consists of 116 single-family residential building lots, 7 commercial/office lots, and 14 common lots on 49.47 acres. The common area lots will be used for landscaping, recreation, and drainage. The commercial/office lots were approved as part of the 20% land use exception allowed under the Planned Development for this project. This phase is located approximately 'h mile west of N. Linder Road on the south side of W. Chinden Blvd. The subdivision was approved as a Planned Development which allowed for a reduction to development standards including reduced setbacks (front 20', non-front entry garage 15', 5' side single story, 7' side two-story), reduced lot sizes (min. 6,500 s.f.), reduced frontages (min. 60'), reduced house sizes (min. 1,201 s.f.) and to allow the Applicant's request to exceed maximum block length requirements of 1,000 ft. The reduced setbacks that were requested at the time this subdivision was approved are now allowed under current city Exhibit "A" Mayor & City Council Hearing Date: September 7, 2004 Page 2 of 4 ordinance. The final plat for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Lochsa Falls Subdivision No. 12 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS Applicant shall meet all terms of the approved Preliminary Plat (PP-02-009), Conditional Use Permit (CUP-02-012), and the recorded Development Agreement (Inst. No. 103012598). 2. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. 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, asingle-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 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 installed in accordance with MCC 12-4-10. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists or is proposed at the subdivision boundaries. Please add or revise the following plat notes: a. Note #10: Revise note to include who will maintain this lot and also designate it as future ITD right-of--way. 6. The Landscape Plan dated 8/4/04, prepared by Harvest Design shall be revised as follows: a. Show detached sidewalks adjacent to W. Chinden Blvd. FP-04-054 Exhibit "A" Lochsa Falls Sub12 FP.doc • Mayor & City Council Hearing Date: September 7, 2004 Page 3 of 4 7. Correct the street frontage measurements shown on Lots 22 & 25, Block 37. 8. Adjust the street frontages on Lots 16-18, Block 37, to meet the minimum 60-feet required measured as an arc length. 9. Adjust the street frontages on Lots 10-14, Block 37, to meet the minimum 40-feet required for cul-de-sacs. 10. The sum of the distance dimensions shown along the north boundary of the subdivision doesn't equal the overall distance shown. Please make appropriate corrections. 11. The sum of the distance dimensions shown along the south sides of Lots 41-48, Block 37 doesn't equal the overall distance shown. Please make appropriate corrections. 12. Delete the graphical 5-foot wide easement across the south side of Lots 11-19, Block 39 as these are rear lot lines, as the standard 10-foot easement is appropriate. 13. Revise the graphically depicted 5-foot wide easement across the southeasterly side of Lot 7, Block 37 to 8-foot. The extra width is requird due to the location of a pressurized irrigation main. 14. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. 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. 15. 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. 16. 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.) 17. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS FP-04-054 Exhibit "A" Lochsa Falls Sub12 FP.doc Mayor & City Council Hearing Date: September 7, 2004 Page 4 of 4 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-Hundred-Fifty and 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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all 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 the 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 sidewalks in accordance with the MCC. STAFF RECOMMENDATION Staff recommends approval of the final plat for Lochsa Falls Subdivision No. 12 with the above stated comments & conditions. FP-04-054 Exhibit "A" Lochsa Falls Sub12 FP.doc -- _'t ~~.. att IIOI VJtI `~,fa~~!~e~.~~ ~~~~ ~~87-6854 p.2 September 3, 2004 Mayor and City Council City of Meridian 33 East Idaho~Avenue - Metidian, ID 83642 Re: Loehsa Subdivision No. 12 Final Plat (File No. FP 04-OD7} Dcar Mayor and Council: The following is in response to staffs comments. APPLICATION SUMMARY & I~OCATIO'~l Please note that the two story side setback has been revised !o S' from the original approved 7'. SITE SPECIFIC REQUIREMENTS l . The Applicant will comply with terms of approvals. 2. The Applicant will comply with pressurized irrigation requirements. 3. The Applicant will comply. 4. The Applicant will comply with fencing requirements. 5. The final plat will be revised in accordance with sluff comments. 6. I am requesting comment (No. 6. a.) to be deleted. I do not know of any reason to add the sidewalk on W. Chinden Blvd. 1. I would not want to encourage pedestrian traffic on snch a busy road. 2. Bristol Heights, Castle Beriry, Banbury and Spurwing are all examples of subdivision on Chinden bet•veen Eagle Rd and Ten ivtile Rd. without sidewalks along Chinden. 7. The final plat will be revised in accordance with staff comments. 8. The final plat will be revised in accordance with staff comments, 9• The final plat will be revised in accordance with staff comments. 1©• The final plat will be revised in accordance with staff comments. F rff arwestUus ti nlCon t -J-?AiT,. : 5/}re+rr/crr ~y[}%rcc, fr. Jt~? 1~3u[;zc~. ,:idri/o ,S:Pi/~ ~[hS' .Shcf'-(~/rY SEP 0? r ~ Exhibit "H" 4 14•SE. 208 ~? ~RSa por;~ r~~ ,. . _~ .~. ..o. ,..~~ ~t~87-6854 p.3 Mayor and City Council September;, 20(}4 Page 2 11. The final plat will be revised in accordance with staff comments. 12. The Bnal plat will be revised in accordance with staff comments. 13. The final plat will be revised in accordance with staff continents. 14. Agreed l5. The Applicant will pay all applicable fees prior to signature on the final plat 16. Noted 17. Noted GE~V'ERAL REQUIREMENTS 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's engineer will comply. 7. The Applicant will comply. S. The Applicant will comply. We believe this letter addresses all of your concerns. Please feel free to call me if you have additional comments or questions. Sincerely, ustin Martin cc: Briggs Engineering fi~c. F:1FarwestVustin'tiContraetslOC Gochsa rallslhtendiaa CitylCity I2eportslFinsl plat com~Tx;t1sV'P12CommmtsResponse doc k:xhibit "13" SEP 4'7 ' 04 14:56 208 88? 6854 PAl^~F A~ i ~ BEFORE THE MERIDIAN CITY COUNCIL C/C 09/07/04 IN THE MATTER OF THE ) APPLICATION FOR EXTENSION ) ON FIANL PLAT FOR SOUTHERN ) SPRINGS SUBDIVISION NO. 1, ) LOCATED EAST OF SOUTH ) MERIDIAN ROAD AND SOUTH OF ) EAST OVERLAND ROAD, ) MERIDIAN, IDAHO ) BY: THE LAND GROUP, INC. ) APPLICANT ) CASE NO. TE-04-005 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 7a' day of September, 2004, upon the Applicant's time application for a one (1) year extension for filing the Final Plat, which Preliminary Plat was originally approved on September 23, 2003, as provided in § 12-3-6 B, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted a one (1) year extended period of time until September 15, 2004, of this Order for the filing of the Final Plat for the above entitled subdivision application. By the action of the City Council at its regular meeting on the ~r~lr-'Ylber- , 2004. ~~ day of ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FINAL PLAT -SOUTHERN SPRINGS SUBDIVISION NO. 1 (TE-04-005) Page 1 of 2 r~ U ~,~~.. DATED this day of fQ/~'~ , 2004. r: T de Weerd Attest: William G. Berg., City Clerk Copy served upon Applicant, Attorney. By: City Clerk's Office cA rF ~. ~ a ; SEAL ~ ~ ~ ~~ `~ ,~ ~% yo Usr ~s~ , ~ ~~. ,,~~~ ~Q. ``,~. Planning ~~a'c~, _ i, z,~~artment, Dated: Public Works, and the City q-a-~-0~ ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FINAL PLAT -SOUTHERN SPRINGS SUBDIVISION NO. 1 (TE-04-005) Page 2 of 2 BEFORE THE MERIDIAN CITY COUNCIL C/C 9/07/04 IN THE MATTER OF THE APPLICATION FOR AN ADMINISTRATIVE LOT SPLIT OF ) CASE NO. MI-04-007 UNPLATTED GROUND FOR ) RONALD VAN AUKER - ) ORDER OF CONDITIONAL NORTHEAST CORNER OF ) APPROVAL OF MISCELLANEOUS FRANKLIN ROAD AND GAUDIANS ) APPLICATION AVENUE ) This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code § 12-3-1.B for an Administrative Lot Split of Unplatted Ground for Ronald Van Auker, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner, and Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: Hearing Date: September 7, 2004 to the Mayor and Council, the Council takes the following action: IT IS HEREBY ORDERED THAT: The subject application by Ronald W. Van Auker, Developer, is Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner, and Brad Hawkins-Clark, Principal City Planner for the Planning and Zoning Department, dated: Hearing Date: ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMIlVISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER (MI-04- 007) Page 1 of 3 September 7,. 20041isting five (5) Conditions of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of three (3) pages, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: The ROS 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 maybe 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. ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER (MI-04- 007) Page 2 of 3 u • By action of the City Council at its regular meeting held on the of ~C'~D~+r , 2004. 5~ day ,,,,,,,, ~, ~, ~, ~y,;, ~. ~, ~~~TF ti fVlayor, of Meridian Attest: ~ .~- o SEAL William G. Berg, Jr., Ci Cl rk '% '9p t ts~ • @~` ~.~ 9 ~p Copy served upon Applicant, the Pl,'annir'fg~~~ ,~pnih~~~Department, Public Works Department, and City Attorney. By: ~~(~,.~~ b 4.~ Dated: I(~-~4-04- City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMIlVISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER (MI-04- 007) Page 3 of 3 • i ~ CITY HALL MAYOR " ~ ,~,' ~ (208) 888-4433 ~ Fax 887-4813 Tammy de Weerd yy a ~i~^,~1; r Y c F ~ PUBLIC WORKS CTI'Y COUNCIL MEMBERS _ _ _ iT ~ , ~ - - .~. ~~~ BUILDING DEPARTMENT ~ ~~~ ~~ (208) 887-2211 ~ Fax 898-9551 Keith Bird ~~ ~~ vim' , William L.M. Nary Shaun Wardle II3AH(~ ~~ ~ ~ LEGAL DEPARTMENT j, ~ (208) 466-9272 ~ FAX 466-4405 Charles M. Rountree ti<, / ""~ ~ RF:ASUftt; ~ "'~ ) j SINCE 1903 MEMORANDUM: Hearing Date: September 7, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner ~ Brad Hawkins-Clark, Principle City Planner /$~~ Subject: Miscellaneous Application for Ronald W. Van Auker Request to split off a 3.74 acre lot from a 40-acre parcel Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & BACKGROUND The applicant, Ronald W. Van Auker, has submitted a Miscellaneous Application (MI) requesting to split off a 3.74 acre parcel from a 40-acre parcel. A detailed site plan has been submitted showing how the 3.74 acre parcel will develop. The applicant is proposing a single retail/warehouse building consisting of 50,045 s.f. (retail, 33,282 s.f. and warehouse, 15,919 s.f.) and 187 parking spaces. In June, 2004, the Planning & Zoning Department established a new policy and procedure regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the following: Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Title. He shall, however, submit an application for re- subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) EXHIBIT "A" Mayor & City Council • Hearing Date: September 7, 2004 Page 2 of 3 The Planning Director, City Engineer, and City Attorney determined that this ordinance allows property owners to request a re-subdivision of property if the proposed division meets the following criteria: 1. If the property is within a recorded subdivision, a Lot Line Adjustment application must be submitted and may be approved at staff level. 2. If the property is unplatted, a Miscellaneous application must be submitted and heard by the City Council. If the Miscellaneous application is approved by City Council, a Lot Line Adjustment application must be submitted. 3. For either platted or unplatted land, the applicant must provide drawings that show a) the existing parcel and the proposed split, b) any and all existing and proposed improvements within or adjoining the property, c) proposed sewer connection and profiles, and d) any other information deemed as appropriate or necessary by the City Engineer and/or Planning Director. 4. Both parcels that result from the split must meet the minimum yard requirements of the applicable zone per MCC 11-9-1. 5. Applications for re-subdivisions of property will only be considered for property zoned as commercial and/or industrial. Residentially zoned land is not eligible. Properties would be limited to a one-time split under these provisions. 6. Platting requirements for condominium plats may also be considered under these provisions where the condominium plat only affects ownership and does not result in additional development of the property. LOCATION & SURROUNDING PROPERTIES The property is located on the north side of E. Franklin Road, approximately '/a mile easbf N. Eagle Road, in the SW '/4of Section 9, T.3N., R.IE. North: Industrial property, zoned I-L. South: Limited Office (Touchmark Living Center), zoned L-O. East: Undeveloped commercial & industrial zoned property, zoned I-L & C-G. West: Commercial property (Willey Subdivision), zoned C-G. STAFF ANALYSIS The subject 40-acre parcel is split zoned with C-G on the Franklin Road frontage (to approximately 350 ft. north of Franklin) and I-L on the north. The applicant is proposing the entire 3.74 acre parcel to be zoned C-G. This application does not address the rezone of this parcel. A separate Rezone application is required. MI-04-007 EXHIBIT "A" Van Auker MI.doc Mayor & City Council Hearing Date: September 7, 2004 Page 3 of 3 The applicant meets the above stated requirements for re-subdivision. Sewer and water services are adjacent to the property in N. Gaudians Avenue and extend east within existing recorded easements on the northern portion of the 40-acre parcel. A Lot Line Adjustment application has already been submitted for this property. Staff has confirmed that the two parcels created by this division meet the minimum standards for the C-G zone. CONDITIONS OF APPROVAL 1. Applicant must comply with all subdivision improvements as required by MCC 12-5-2. 2. Applicant shall comply with all improvements as required by Ada County Highway District. 3. Applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer prior to Certificate of Zoning Compliance issuance. 4. Applicant must submit a recorded cross-access agreement between parcels 1 & 2 of the Record of Survey dated 7/22/04 by Treasure Valley Engineers with the Lot Line Adjustment Application. 5. The applicant has committed to making the subject split parcel a lot in a future subdivision. Such subdivision application shall be submitted to the Planning and Zoning Department and accepted for processing prior to issuance of a Certificate of Occupancy. RECOMMENDATION Staff recommends approval of this application with the above noted conditions. MI-04-007 EXHIBIT "A" Van Auker MI.doc September 3, 20Q4 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. Z4 REQUEST Ordinance -2004 /2005 fiscal Year Budget 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: COMMENTS See attached Ordinance MERIDIAN SCHOOL DISTRICT: ~ ADA COUNTY HIGHWAY DISTRICT: G~~ / ~ ~ O SANITARY SERVICE COMPANY D CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: pate: Phone: Emailed: Staff Initials: Materials presented at pubNc meeiinps sha0 become properly of the City of Meridian. • • 2004-2005 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE NO. ~~ ®/VDU BY COUNCILPERSON /QDl~h7~''e{- AN ORDINANCE, PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS; PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF EXPENDITURE OF SUMS OF MONEY TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING ON SEPTEMBER 30, 2005; TO PROVIDE FOR THE WAIVING OF THE 2ND AND San READINGS PURSUANT TO IDAHO CODE 50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2004-2005 Fiscal Year Annual Appropriation Ordinance of the City of Meridian." Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 31st day of August, 2004 for a Proposed Budget for Fiscal Year 2004-2005 (FY2005) City of Meridian, Idaho; and B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2004-2005 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. That the appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2004-2005. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2004 and ending on September 30, 2005 the following: ORDINANCE -I • • FY2005 Budget Anticipated GENERAL FUND REVENUES Property Tax Revenue $ 7,756,619 Other Revenues $ 5,548,664 Special Service Revenues $ 2,460,800 Park Impact Revenues $ 713,000 FireTruck Fund Revenues $ 4,000 use of Park Impact Fund Balance $ 773,300 use of General Fund Balance $ 1,810,393 General Fund Total $ 19,066,776 CAPITAL IMPROVEMENT FUND Capital Improvement Fund Revenues $ 79 800 ENTERPRISE FUND Water & W astewater Revenues $ 15,153,484 use of Enterprise Fund Balance $ 26 429 114 Enterprise Fund Total $ 41 582 598 GRAND TOTAL Anticipated Revenues $ 60,729,174 Appropriated GENERAL FUND EXPENDITURES Personnel & Operating Administrative Offices $ 1,372,855 Admin Carry-forward Appropriation $ 1,334,393 Police Department $ 6,332,012 Fire Department $ 3,288,294 Parks Department $ 916,397 Special Services $ 2 309 207 General Fund Operations Total $ 15 553 158 Capital Outlay Administrative Offices $ 5,460 Police Department $ 312,045 Fire Department $ 1,135,330 Parks Department $ 893,300 Parks Carry-forward Appropriation $ 1,010,000 Special Services $ 73,610 addition to Special Service Fund Balance $ 77,983 addition to Unreserved Fund Balance $ 5,890 General Fund Capital Outlay Total $ 3 513 618 GENERAL FUND TOTAL EXPENDITURES $ 19,066,776 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices $ 5,000 Capital Outlay Administrative Offices $ 74,800 CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES $ 79,800 ENTERPRISE FUND Personnel & Operating Water Department $ 4,755,645 W aterGarry-forward Appropriation $ 125,000 Wastewater Treatment Plant $ 5,256,373 W W TP Carry-forward Appropriation $ 47 000 Enterprise Operations Total $ 10 184 018 Capital Outlay WaterDepartment $ 4,393,620 Water Carry-forward Appropriation $ 3,330,820 W astewater Treatment Plant $ 14,516,140 W W TP Carry-forward Appropriation $ 9 158 000 Enterprise Capital Outlay Total $ 31 398 580 ENTERPRISE FUND TOTAL EXPENDITURES $ 41,582,598 GRAND TOTAL Appropriated Expenditures $ 60,729,174 • Section 4. That the 2nd and 3rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code 50-902. Section 5. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of the State of Idaho as provided in I.C. § 50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho, this ~~~ day of September, 2004. APPROVED: ATTEST: ~Ai WILLIAM G. BERG, JR!, C17`Y C3. First Reading: ~•- 7' ~ ¢ " Adopted after first reading b j 50-902 Yes:_ Second Reading: -' Third Reading: -- ~t,~~~~~e~`~ivi 1~~,`a4 ~' 7YE~td ~~ ~~ ~ r~ ~~~~ o"' ~~'i ~~lll~t°l ~~"~..r,-y rr> s ~ apt STATE OF IDAHO,) ss. County of Ada. ) MAYOR has allowed pursuant to Idaho Code ti On this ~t day of JC Q~~e"^~ e r , 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 wi~tt~l1.__ (SEAL) ORDINANCE -3 .•~S,CE L• S '••. ~~°TARrs~ * ~ ~~~ : ~k ~. +~UBL1G ~~?~ '•. i ~ O ~~ r'r. ~ O F ID P~~~~ ' PUBLIC FOR IDAHO GAT: J~l~-i~i u h MY COMMISSION EXPIRES: ®~ 2~ ~ 7 Z:\Workuvl\Meridian\Meridian 15360M~Administration\AppropriationBudget.Ord20042005.doc ORDINANCE -4 ~ ~ September 3, 2004 MERIDIAN CITY COUNCIL MEETING Sep#ember 7, 2004 APPLICANT ITEM NO. :~3 REQUEST Ordinance -- Amendment to 2003 /2004 Fiscal Year Budget 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 PARK$ 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: See attached Ordinance !~'~ B~,i [D~1~1 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the City of Meridian. • • ORDINANCE NO. l/ ~ ~ ~~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO 03-1043 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF $3,714,740, AND ALLOCATING ADDITIONAL EXPENDITURES, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Ordinance No. 03-1043, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2003 and ending September 30, 2004 be and the same is hereby amended as follows: That the additional sum of $3,714,740 be appropriated out of the revenues from Fund Balance and Others Sources and Fees, to be used for authorized activities. PROPOSED ADDITIONAL REVENUE AND EXPENDITURES FY2004 BUDGET AMENDMENT FY2004 FY2004 FY2004 Amended REVENUES Original Budget Amendment Budget GENERAL FUND Property Tax Revenue 6,858,490 6,858,490 Other Revenues 5,069,605 (337,188) 4,732,417 Special Services -Community Planning & Development 2,069,215 1,552,000 3,621,215 Park Impact Revenues 366,000 366,000 FireTruck Fund Revenues 10,000 10,000 GENERAL FUND REVENUES 13,997,310 1,590,812 15,588,122 use of Park Impact Fund Balance 671,000 1,400 672,400 use of FireTruck Fund Balance 290,300 (10,000) 280,300 use of General Fund Balance 1,638,892 1,638,892 use of S ecial Service Fund Balance 799,548 799,548 TOTAL GENERAL FUND 16,597,502 2,381,760 18,979,262 CAPITAL IMPROVEMENT FUND TOTAL CAPITAL IMPROVEMENT FUND 50,000 847,548 897,548 ENTERPRISE FUND Water & Wastewater Revenues 12,843,314 560,000 13,403,314 use of Enterprise Fund Balance 14,756,448 (74,568) 14,681,880 TOTAL ENTERPRISE FUND 27,599,762 485,432 28,085,194 TOTAL REVENUES 44,247,264. 3,714,740. 47,962,004 Page 1 of 3 EXPENDITURES Original Budget GENERAL FUND Personnel & Operating Administrative Offices 1,509,427 (200,596) 1,308,831 Admin carry-forward appropriation 1,255,391 - 1,255,391 Police Department 5,755,314 76,493 5,831,807 Fire Department 3,119,546 34,905 3,154,451 Parks Department 795,667 26,162 821,829 S ecial Services - Communit Plannin & Develo ment 1,826,419 542,065 2,368,484 TOTAL GENERAL FUND OPERATIONS 14,261,764 479,029 14,740,793 Capital Outlay Administrative Offices 46,260 (30,250) 16,010 Police Department 232,122 - 232,122 Fire Department 408,800 27,413 436,213 Fire carry-forward appropriation 39,500 39,500 Parks Department 624,260 75,124 699,384 Parks carry-forward appropriation 742,000 742,000 Special Services -Community Planning & Development 4,050 2,710 6,760 addition to Special Svc reserved fund balance 238,746 1,806,774 2,045,520 addition to unreserved fund balance 20,961 20,961 TOTAL GENERAL FUND CAPITAL OUTLAY 2,335,738 1,902,732 4,238,470 TOTAL GENERAL FUND EXPENDITURES 16,597,502 2,381,760 18,979,262 CAPITAL IMPROVEMENT FUND Personnel & Operating Administrative Offices 5,000 5,000 Capital Outlay Current Year Capital Expenditures 50,000 50,000 addition to Reserved Fund Balance - 842,548 842,548 CAPITAL IMPROVEMENT FUND TOTAL EXPENDITURES 50,000 847,548 897,548 ENTERPRISE FUND Personnel & Operating Water Department 3,911,548 288,775 4,200,323 Wastewater Treatment Plant 4,813,732 196,657 5,010,389 TOTAL ENTERPRISE FUND OPERATIONS 8,725,280 485,432 8,210,712 Capital Outlay Water Department 3,294,680 - 3,294,680 Watercarry-forward appropriation 1,566,872 - 1,566,872 WastewaterTreatmentPlant 11,111,180 - 11,111,180 WWTP car -forward a ro riation 2,901,750 - 2,901,750 TOTAL ENTERPRISE FUND CAPITAL OUTLAY 18,874,482 - 18,874,482 TOTAL ENTERPRISE FUND EXPENDITURES 27,599,762 485,432 28,085,194 TOTAL EXPENDITURE$ 44,247,264 3,714,740 47,962,004 SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho, this 7~~ day of September, 2004. Page 2 of 3 APPROVED: ~``~~~1`~11 ATTEST: ,~`` ~~ ,~` ~° ~Q~poR,~ rF . w~ O MAYOR WILLIAM G. BERG, JR!, CfTY ~L,E o"' .~ First Reading: ~-' 7 Q ~- ~-~f, ~~Ol~1~dTT`~ ~,3~~~~°~ Adopted after first reading by su's~~~~,~p,~y~~~~'~ule as allowed pursuant to Idaho Code 50-902 Yes: x No: Second Reading: -- Third Reading: STATE OF IDAHO,) County of Ada. ss. On this ~k day of ~E'~~'F~~e. , 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. •.• ~~ ..«..~ err •., SEAL) ,~~~ ti ~ ~~~•~ rrr e ~ rr ~' ~OTA • r :#= Rr a ~ •. AVB LIC ;_ ~ ~. '••. ~ BF I~ ~' .••• J,x~ OT Y PUBLIC FOR IDAHO S ING AT: ~ e~°i~t~ COMMISSION EXPIRES: ~ ~v b Page 3 of 3 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 7, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle X Bill Nary ~_ Charlie Rountree _~ Keith Bird ?C Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: c o>,.75y-~,~t d.~ 3 cuf,li ~- vn. e~¢. 5 ~~ 2,00 ¢ (* 15 minutes) 4. Discussion of Rate Adjustment by SSC: . (* 10 minutes) ~ f~.~.,~~ z~~C,nePA..e luf~l°ccfivrv 5. Discussion of City Slogan -- Cheryl Brown: (*10 minutes) dlducJJc~ 6. Discussion and Review of Clothing Policy: *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 -September 7, 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. ~~ ~ ,~' crrYOF ~E4X w~`i~ ~_~~~1- ~Y1G~l~YI ~ ~ ~ ~°, u~>AHO yr :., ~ ,~~ ~,J,, ~" ~~ ~, ~~ i~;~..5~~;~.v,,,a-; S~N~E 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401. E. Watertower Lane 888-6678/fax 846-7366 PuUlic Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold aPre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 7, 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: Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale Discussion of Rate Adjustment by SSC Discussion of City Slogan Discussion and Review of Clothing Policy The public is welcome to attend the meeting DATED this 3`d of September, 2004. -~ , ~~~ ~~- WILLIAM G. BERG, JR. `~~~,1, u n u rr~~~,r ~~GORPO~TF ~~ ~; O - ~ SEAL ~ ARK o~ ~ 1~ ~~ ~~, ~r y ~-~ , ~~ ,.. ,. ~ ,~~ ;, CITY HALL 33 EAS"t IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 crrv ci.i-:aK-nix 888-4218 Hl;~inx RHaouRCes-HAa 884-8723 f~ix,~x~ci~: ~ crn.rrv Bu.Lmc-HAx 887-4813 ~invoa's oEEicE-Fnx 884-8119 • • September 3, 2004 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. 3 REQUEST Discussion of Black Cat Sewer Trunk by David Turnbull artd Frankl Varriale 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: l ~~~f ~ 5l~,oQ' OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materiab presented at public meeting shah become property of the City of Mertdian. ~Ic~c~s pc~~ ~~r P«blic, ~~~ :~hnn~s~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 7, 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. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: (~ 15 minutes) 4. Discussion of Rate Adjustment by SSC: (* 10 minutes) 5. Discussion of City Slogan -- Cheryl Brown: (*10 minutes) 6. Discussion and Review of Clothing Policv: `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 -September 7, 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 poor to the public meeting. ~CyS ~ ~~ ~t~? ~.r ,~. ,: CITY OF ~~~~'~~ - -\,.. ~. ~rt~lcn .-~~ ,t IDAHO ~~~ :' / ~. ~._ ~: ~,.,,~, o ~~~ Titr..~s~ixr. V ~~~"~ SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL 1VIEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 -Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 ~~s~~ -~'~~~ ' ~ ~ ~C~ r~~sll P~u~L~ tiCJ2~ C e NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold aPre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 7, 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: Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale Discussion of Rate Adjustment by SSC Discussion of City Slogan Discussion and Review of Clothing Policy `~llllyllllll/r!!!!! The public is welcome to attend the meeting. ~.~~'~,t OF M~F~'%,,~ DATED this 3 of September, 2004. = .~ ~o ~ /Lf/Lv~ SEAL WILLIAM G. BERG, JR. Gl ARK o~ .. ~„ ti: `-~.a ~. ~ ,1151 ,S S CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITI' CLERK-FAX 888-4218 HUi`IAN RESOURCES-FAX 884-8723 FINANCE ~ UTILI"f l' BILLING-FAX 887-4813 h1A1'OR~S OFFICE-FAX 884-8IIJ • September 3, 2004 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. 4 REQUEST Discussion of Rate Adjustment by SSC 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 HEALTW: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGA?ION: IDAHO POWER: us wEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS ~~~ ~,fr~~~s~,;~r~4 a Sz ~ ~ t-I c~ c~i-,e c~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: MaAsriala presented at pubNc meeNnya sholl become property of the City of Meridian. • Sanitary Services Co. MEMORANDUM ;~ TO: Mayor Tammy de Weerd City Council Members: Mr. Bill Nary, President Mr. Keith Bird Mr. Charlie Rountree Mr. Shaun Wardle FROM: Steve Sedlacek, Business Manager, Sanitary Services, Inc. Bill Gregory, Operations Manager, Sanitary Services, Inc. DATE: September 3, 2004 SUBJECT: Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents the solid waste collection rate adjustment based upon the Consumer Price Index (CPI) in accordance with Section 21 of our contract with the City of Meridian. This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2004. Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for the Western Region of the United States.) Further, we reduce the calculated change in the CPI by .ten percent to account for aspects of the CPI that do not apply to our business. Attached to this memorandum is the CPI printout from the U.S. Bureau of Labor Statistics. The CPI for July one year ago was 188.4 and this year it is 192.9. The net percentage change between the two values is 2.4%. Then, reducing this number by 10 percent yields a CPI adjustment of 2.16% that is applied to our costs. Another requirement of our contract is that we exclude the landfill portion of our fees from the adjustment. We have completed calculations of what percentage of total costs are disposal and have escalated the remainder by our allowable adjustment. ~~ P.O. Box 626, Meridian, ID 83680 Phone 208/888-3999 Fax 208/888-5052 ~~ Printed on Recycled Paper Results of Rate Change The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will increase by $0.10 per month for unlimited weekly service with curbside recycling. The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has a different percentage that is disposal. Table 1 Percentage of Rate Change by System Residential rates 1.0% Commercial can rates 1.8% - 1.9% Commercial container rates 1.75% Commercial com actor rates 1.25% - 1.43% Tem ora container rates 1.74% - 1.93% Miscellaneous services 1.36% Rolloff Services 1.51 A more detailed analysis is available to the Mayor, Council or City staff upon request. If further information is necessary we would appreciate treating the information as "business confidential." Public Data Query Page 1 of 1 • • U.S. Department • ~- of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data WWW.I7~S.90V J Search ~ A-Z Index BLS Home ~ Programs & Surveys ~ Get Detailed Statistics ~ Glossary ( What's New ~ Find It! In DOL Change Output From: 1994 To: 2004 Opt10!IS: ^ include graphs New! More Formatting Options ~- Data extracted on: August 27, 2004 (1:09:46 PM) Consumer Price Index -All Urban Consumers Year Jan Feb Mar Apr May Jun ]ul Aug Sep Oct Nov Dec Annual HA 19 9 4 148.1 148.3 149.0 148.9 148.8 148.9 149.5 150.1 150.6 151.0 151.1 151.2 149.6 14. 199 5 152.0 152.4 152.8 153.2 153.5 153.6 153.5 153.7 154.1 154.6 154.4 154.3 153.5 15: 1996 155.3 155.8 156.4 157.1 157.6 157.5 157.9 158.0 158.6 159.1 159.2 158.7 157.6 15~ 1997 159.6 160.1 160.8 161.1 161.1 161.0 161.1 162.5 162.1 162.8 162.8 162. 161_4 16~ 1998 163.0 163.2 163.3 163.6 164.3 164.2 164.3 164.8 165.1 165.5 165.8 165. 164.4 16: 1999 166.4 166.9 167.3 169.0 168.7 168.3 168.9 169.5 170.0 170.4 170.4 170.5 168.9 16' 2000 171.0 172.0 173.5 173.7 174.0 174.3 175.2 175.9 176.6 177.2 177.2 177.1 174.8 17: 2001 178.3 179.3 180.1 180.4 181.3 182.0 182.0 181_9 182.5 182.5 182.3 181. 181.2 18+ 2 0 0 2 18 2.4 183.2 184.0 185 _ 1 184.8 184.5 184.7 185.3 185.7 185.8 185.8 185. 184.7 18• 2003 186.6 188.1 189.3 188.8 188.5 188.1 188.4 189.2 189.6 189.4 188.5 188.3 188.6 i8: 2004 189.4 190.8 192.2 192.3 193.4 193.3 192.9 i9 Series Id: CUUR0400SAO,CUUSO400SA0 Not Seasonally Adjusted Area: West urban Item: All items Base Period: 1982-84=100 Frequently Asked Questions ~ Freedom of Information Act ~ Customer Survey Privacy & Security Statement ~ Linking to Our Site ~ Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-on-demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: blsdata_staff~bls.gov Washington, DC 20212-0001 Technical (web) questions: webmaster@bls.gov Other comments: feedback@bls.gov http://data.bls.gov/servlet/Survey0utputServlet?data tool=dropmap&series id=CUUR040... 8/27/2004 i ~ Proposed Rate Structure Changes Fiscal Year 2005 Solid Waste Collection Services Sanitary Service Inc. Proposed Current Rate Rate Structure Structure Residential $ 10.05 $ 10.15 Toter Carts $ 2.52 $ 2.55 Habitual Late can fee $ 5.00 $ 5.00 Commercial Cans (Current) 1/wk 2/wk 3/wk 1 - 3 cans $ 15.68 $ 31.36 $ 47.04 4 - 6 cans $ 31.36 $ 62.72 $ 94.08 7 - 9 cans $ 38.84 $ 77.67 $ 116.51 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 15.98 $ 31.96 $ 47.94 4 - 6 cans $ 31.96 $ 63.93 $ 95.89 7 - 9 cans $ 39.54 $ 79.08 $ 118.62 Commercial Containers (Current) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1 /2 Yd $ 57.30 $ 81.71 $ 105.69 $ 141.78 $ 177.79 $ 213.81 3 Yd $ 60.06 $ 97.27 $ 134.55 $ 177.26 $ 233.02 $ 282.28 4 Yd $ 72.05 $ 117.73 $ 163.36 $ 221.03 $ 278.65 $ 336.32 6 Yd $ 93.69 $ 151.37 $ 208.98 $ 278.65 $ 348.36 $ 418.03 8 Yd $ 111.22 $ 173.07 $ 230.70 $ 298.40 $ 370.54 $ 439.45 Commercial Containers (Proposed) 1 /wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1 /2 Yd $ 58.30 $ 83.14 $ 107.54 $ 144.26 $ 180.90 $ 217.55 3 Yd $ 61.11 $ 98.97 $ 136.90 $ 180.36 $ 237.10 $ 287.22 4 Yd $ 73.31 $ 119.79 $ 166.22 $ 224.90 $ 283.53 $ 342.20 6 Yd $ 95.33 $ 154.02 $ 212.64 $ 283.53 $ 354.45 $ 425.34 8 Yd $ 113.17 $ 176.10 $ 234.74 $ 303.62 $ 377.02 $ 447.14 Commercial Compactors 2 yd 3 yd 4 yd 5 yd 6 yd 8 yd Temporary Container Service Delivery Daily Rental Monthly Rental Dump perm/temp cont (3 yd) Extra Dump 6 yd Extra dump 8 yd Current Prouosed $ 27.26 $ 27.65 $ 36.19 $ 36.75 $ 45.15 $ 45.89 $ 54.08 $ 55.00 $ 62.60 $ 63.69 $ 85.00 $ 86.06 Current Proposed $ 17.66 $ 18.00 $ 0.66 $ 0.67 $ 17.66 $ 18.00 $ 19.53 $ 19.87 $ 30.38 $ 30.91 $ 39.06 $ 39.74 Miscellaneous Services Refrigerator pickup (Current) Refrigerator pickup (Proposed) Overflow Cleanup (Current) Overflow Cleanup (Proposed) Roll Off Services (Current) $ 33.10 $ 34.76 $11.05 for 5 min, $1.11/min thereafter $11.20 for 5 min, $1.13/min thereafter $99.50/haul + disposal + franchise fees (Weekdays) $149.50/haul + disposal + franchise fees (Weekends) Extra services $ 82.67 per hour Roll Off Services (Proposed) $101.00/haul + disposal + franchise fee (Weekdays) $152.00/haul + disposal + franchise fees (Weekends) Extra services $ 84.46 per hour Roll Off Container Rental (Current 6 Yd $ 1.35 per day $ 40.50 per month 8 Yd $ 1.75 per day $ 52.50 per month 10 Yd $ 1.95 per day $ 58.50 per month 20 Yd $ 2.35 per day $ 67.26 per month 30 Yd $ 2.94 per day $ 82.21 per month 40 Yd $ 3.20 per day $ 93.95 per month Roll Off ContainRent (Proposed) 6 Yd $ 1.38 per day $ 41.37 per month 8 Yd $ 1.79 per day $ 53.63 per month 10 Yd $ 1.99 per day $ 59.76 per month 20 Yd $ 2.40 per day $ 68.71 per month 30 Yd $ 3.00 per day $ 83.99 per month 40 Yd $ 3.27 per day $ 95.98 per month Landfill Rates (Current) Demo Compact Wood Size SW Dump Dump Dump Waste 6 Yd $ 15.90 $ 34.98 $ 7.98 8 Yd $ 21.20 $ 46.64 $ 10.64 10 Yd $ 26.50 $ 58.30 $ 13.30 20 Yd $ 53.00 $ 116.60 $ 84.80 $ 26.50 30 Yd $ 79.50 $ 174.90 $ 127.20 $ 39.75 40 Yd $ 106.00 $ 233.20 $ 169.60 $ 53.00 Wood $ 1.33 per yd Noncompacted/loose $ 2.65 per yd Demolition $ 5.83 per yd Compacted $ 4.24 per yd Tires $ 1.59 each Refrigeration Units $ 24.91 each Voluntary Commercial Cardboard Collection To encourage participation in the commercial cardboard recycling program, we are proposing no increase in the commercial cardboard collection rates. Current Proposed First Container $ 38.00 per month $ 38.00 per month Second Container $ 30.00 per month $ 30.00 per month September 3, 2004 MERIDIAN CITY COUNCIL MEETING September 7, 2004 APPLICANT ITEM NO. S REQUEST Discussion of City Slogan -Cheryl Brown 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: Contac#ed: Date: Phone: Emailed: Staff Initials: Materials presented at public msetfn~s shall become properly of the City of Meridian. • September 3, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT • September 7, 2004 ITEM NO. 6 REQUEST Discussion and Review of Clothing Policy 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: See attached ~' w~~~~ ~f OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meefin~s shall become property of the City of Meridkrn. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PI NUMBER 6.14 ~?) _ _ (~ ~~~. ~:~' '~ ~ ~' 01 2004 City Of n'leridian Czty Clerk Office SUBJECT: CLOTHING ALLOWANCE PURPOSE: To provide guidelines to employees regarding procurement of work clothing and uniforms. POLICY: City employees may be allotted a clothing or u of work clothing or uniforms. This allowance may be used to purchase shirts, pants, work boots, and other exterior clothing for the sole purpose of performing their duties comfortably while maintaining a neat and dean appearance. This allowance does not apply to the clothing supplied to employees based upon contractual or operational requirements. These are delineated later in this policy. AUTHORITY ~ RESPONSIBILITY: The Director or Department Manager will approve ali purchases of work clothing or uniforms either by an established policy and procedure or by individual approval of purchase order. Purchased clothing must remain appropriate and practical for the job being performed. PROCEDURES AND RELATED INFORMATION: I. All clothing purchased must be practical and appropriate for the job being performed. Clothing should be inscribed to indicate the employee is an employee of the City of Meridian. II. Employees are expected to take reasonable caution in the cleaning and maintenance of all supplied clothing to facilitate along-term use. Faded and or tom clothing shall be replaced. III. If clothing or uniforms are supplied, the employee is required to wear the provided clothing or uniform in accordance with departmental policy or as set by the Department Director. Evidence of employee disregard for maintenance of supplied clothing shall not be cause for replacement at city expense. Exceptions must be approved by Department Directors. DEPARTMENT DOLLAR ALLOWANCES I. Office and Managerial Staff for all Departments Office and managerial staff will be given latitude to purchase City of Meridian logo clothing up to the dollar amount approved in the City budget per employee per year. The employee has the option to apply this designated amount to a larger purchase, with the difference being paid by the employee or through the incentive program. • • 11. Public Works Department A. Field Inspection Personnel: All field Inspection employees, not including contract inspectors, receive a clothing allowance to purchase City of Meridian logo tee-shirts for summer use and long sleeve shirts for winter use, a safety vest, a winter jacket and coveralls. Typically, jackets and coveralls will last several years. The purchased shirts shall be a safety color such as orange or lime green. Safety color vests shall be used over coats or coveralls. Employees are issued a safety yellow rain suit at the time of employment. B. Wastewater Treatment Plant and Water Divisions: With the exception of office and managerial staff, employees, including assistant superintendents, receive a clothing allowance to purchase city logo applied hats, shirts, sweatshirts and other outer wear such as coats and overalls. Typically, jackets and coveralls will last several years. The purd~ased shirts shall be a safety color such as orange or lime green. Safety color vests shall be used over coats or coveralls. Employees are issued a safety yellow rain suit at the time of employment. III. Police Department Uniform and dress requirements for all Police Department personnel are detailed in Meridian Police Department Policy and Procedure Chapter II Section 3 Uniform and Equipment. All swum officers receive a clothing allowance per year and are allocated additional chits for dry cleaning; initial uniforms and equipment are purchased and supplied by the department on hire. Non- swum personnel are governed by the section on office and managerial staff. All clothing allowance is paid directly to the employee and is taxed. 11/. Fire Department Uniform and dress requirements for all swum Fire Department personnel are detailed in Meridian Fire Department Rules and Regulations Article 3- Appearance and Uniforms. All firefighters including the Chief and Deputy Chiefs receive a clothing allowance per the current union contract. V. Parks With the exception of office and managerial staff, employees receive a clothing allowance to purchase city logo applied shirts, sweat shirts, and other outerwear such as coats and overalls. Employees are provided with Gity logo hats. 2 Meridian Citv Pre-Council Meeting August 24, 2004 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, August 24, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Gary Smith, Shari Stiles, Brad Watson, Bill Nichols, Mike Worley, William Musser, Dean Willis 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: Item 3. Presentation of Spring Valley Ranch Project by Micheal Wardle of Sun Cor: Item 4. Discussion and Review of Clothing Policy: Nary: Is there any questions or concerns about that, if not, I guess is there direction to put that on the agenda for a resolution? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I didn't know if Stacy stuck around for this one. Rountree: Here she comes. De Weerd: She did go through a process of bringing to the directors and we have had it on several of our agendas and it's been tuned and fine tuned and we appreciate the comments that you submitted as well. Kilchenmann: So, should I just see if anyone has any questions or do you want - _~ Nary: Council, do you have questions or does it look okay or is there concerns? Bird: Mr. President. C~ Nary: Mr. Bird. Bird: Some of the changes are not really 100 percent clear, at least to me. To me, a uniform is if you are required to wear one or if you are crawling around in the muck or something all the time, then you get coveralls. I don't think we have a dress policy other than good, you know, nice looking .clothes; you know no cutoffs or stuff like that. I mean, you know your Police and your Fire has to have the special clothing and we give them allowances. Now, if we are going to do this in every employee in here, you are talking about a lot of money. I don't know how long this policy has been in place, but -and if this new one is a lot better than the new one, I will go along with that. Kilchenmann: Councilman Bird, I think the purpose of this policy is really just to address clothes that the city purchases, so it would be just for those -uniforms are then -like the wastewater plant or the inspectors, where the city is actually purchasing -well, they already do purchase the clothing and in fact at one time, we did have dollar amounts in here and then we took them out just to make the policy easier or to make the dollar amounts - so that the dollar amounts would be budgeted each year verses having to change the - I guess it's a resolution, each year. Bird: To my recollection, I think every department whether it's been Public Works or who it is has purchased shirts or whatever. Kilchenmann: I think that's why the Mayor wanted us to have a clothing policy. She was trying to get it to be more consistent. Nary: Maybe to help out, I think, the area you are probably talking about Mr. Bird is the portion that's covered as office and managerial staff. I mean, I think the ones you are talking about the more of what we think of as uniforms for the folks that are out in the public is covered and the different departments both either contractually or operationally, but I think the one you are talking about is - at least where we have had discussions in the past was, essentially buying clothing for employees, just for general purposes and they are not required to wear them to work. I think it's written fairly broadly, it's basically the section that begins with department dollar allowances and capital eye. It's (inaudible) pretty bodily to allow the departments to make those decisions on whether or not to allow logo clothing for the employees, whether or not to purchase those as either part of an incentive program, part of routine operational needs and if you think there is more specificity that's needed, I guess that's part of the discussion. (Inaudible) too broad. Bird: Follow up, Mr. President. Nary: Certainly. ~ ~ Bird: I believe there is because some department heads are going to go out and buy two or three shirts for every employee, other ones aren't going to buy any. Well, that isn't fair to the employees. We always need to be fair. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: Mr. Bird and that is why this policy was written - to bring consistency and to kind of reign that in because that was happening and we made that recommendation to Council earlier this spring in terms to answer to that. This is just a follow up policy to make sure that it is clear. Kilchenmann: We only budgeted $35 per person for the managerial/office staff. Nary: That was already budgeted (inaudible)? Kilchenmann: It is in the budget. Bird: Now, with the fire and the police, we have been told every year. Kilchenmann: We had it in there once, but consensus was to remove it and the reason was because we didn't have change (inaudible--). Bird: Mr. President. Nary: Mr. Bird. Bird: Let's get this thing rewrote with everything as it is, not underlined and scratched out so that we can do it. In the budget we can put that in every year. Nary: I think you should have got a final one today, I think. I printed it off just before I came and it doesn't have all the strikeouts. I guess the purpose of today - f mean if we think there is more work that needs to be done we could certainly recommend that back to the Mayor and the department heads. If you think it's just a discussion point now that we could put on a resolution and we can still discuss it if you think it's not specific enough. Bird: I do have one question. Nary: Certainly, go ahead. Bird: You are seeing field inspectors clothing allowance. Now, are those contracted field inspectors or are they the others because most of our field inspectors are contracted like your Building Department, your Plumbing and all that stuff. But, are they included? It doesn't exclude it. Smith: Mr. President, Councilman Bird, Mayor this is just city employee inspectors. These are our Public Works, Sewer and Water inspectors. That is what it is referencing. Bird: That needs to be made clear. Nary: In the purpose statement, I mean, it only applies to employees. It says, both two times that it is employees that we are talking about. (Tape turned over) Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Members of the Council they emphasize that this is an employment policy, so contractors would be covered by the contract and these employment policies don't apply to them. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I am comfortable with the generalness of this. I think that is good, just so you don't have to modify every year. I think it would be good to add some examples of what some of these things mean. For instance, talking about replacement under normal wear. What does that mean? How many anticipated pair of coveralls on an annual basis and those kinds of things. Right now, I think - and I trust the department heads to do this correctly, but just as a way to meet anybody's expectations, some of examples of what the bounds of this might be will be helpful. That, too, could be in the general sense so it wouldn't have to be modified frequently. But, again, my expectations might be different than Councilman Nary's in terms of what this means and if we got a general explanation or example then our expectations are going to be the same as the department heads. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess what we could do is attach an amended, approved budgeted type of sheet that then this comes with your budget request every year and can replace it. But, not to put figures into the policy itself. Rountree: I agree. Bird: That's fine. De Weerd: Then we can bring this back and have it available next week. If you would like we could put it on the agenda? Nary: That's fine. Rountree: One other thing I would like you to consider, Mr. President, is that on some of this equipment and I know it's probably going to increase the cost of it, but those people that are working in rights of way and have public exposures, it probably ought to be safety color types of equipment, international orange winter jackets and overalls and those -and it probably isn't some of this stuff, but I think it ought to be spelled out that that's what we are willing to do for the safety of the employee as well as their winter time protection, but there is more to this than just that they got work in climate weather. Nary: Council, maybe what we can do is put this on, but rather putting it on the consent agenda, we will put it on as a regular item so that we can have discussion. Next week - is that too soon? Kilchenmann: I don't know if I can finish this and finish the budget presentation. So, maybe two weeks. Nary: Two weeks would be just fine. Great, thank you very much. Item 5. Discuss Procedure for reviewing Recommendations from Commissions and Committees: Item 6. Downtown Meridian Transportation Management Plan Update by Tom Hudson: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: / / TAMMY DE WEERD, MAYOR DATE APPROVED ATTESTED: WILLIAM G. BERG, JR., CITY CLERK CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 7, 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. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Continue discussion on October 5, 2004 (* 15 minutes) 4. Discussion of Rate Adjustment by SSC: Attorney to prepare resolution (* 10 minutes) 5. Discussion of City Slogan -- Cheryl Brown: Discussed (*10 minutes) 6. Discussion and Review of Clothing Policy: Attorney to prepare resolution *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 -September 7, 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. Meridian City Pre-Council Meeting September 7, 2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, September 7, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Gary Smith, Brad Watson, Bill Nichols, William Musser, Kenny Bowers 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 for the Pre-Council meeting. 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. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: Turnbull: Thank you Madame Mayor, Councilman Nary and members of the Council. We have between Frank Varriale and I we own a substantial amount of property out in the Black Cat, Ten Mile area. We have been planning our projects together as most of you know and they have had some discussion previously with Brad Watson about the Black Cat Sewer Trunk Line, which will service the majority of that property. We made the request to Brad to start moving on that project with design and construction. He indicated to us that he would need to get the direction from Council to approve commencement of that project so we have made that formal request to the City and have discussed it with the members of the Council and the Mayor. So, we are here to make that formal request. I think we have given you most of the background on it, • Meridian City Pre-Council Meeting September 7, 2004 Page 2 of 17 previously and if you have any further questions, we'd be happy to answers questions at this time. Nary: Council, do you have questions for Mr. Turnbull or do you want to hear from Mr. Watson first? Bird: I'd like to hear from Brad first. Watson: Thank you Mr. President, Mayor and Council members. I don't know that I have a whole lot to add. I have met with Mr. Turnbull on this issue and he paraphrased exactly what I said. This is not -this area is not in our capital improvement plan at this time. It is in our master plan. We have a preliminary design. We have cost estimates for it. With the other projects that we are doing, it just wasn't something that I would out of the blue propose that we do unless the Council directed us to. The only, maybe somewhat complicating factor in this is as you know the area north of Chinden is being studied as we speak and the results of that should be in by the end of the month and that might change this in a minor way. But, it would probably change the size of the lift station. So, the cost estimates I have, may not be -well, they don't account for that area north of Chinden. But, I can answer any questions you might have. Bird: Mr. President. Nary: Mr. Bird. Bird: Brad, is this line still going to need the lift station at Quenzer's property? Watson: Councilman Bird, yes it will. This was originally designated as the area that would contain the large regional station and it is just south of where this is being shown. We will scoot it up a little bit. This is Quenzer's property here. This is the lift station. Originally it was the large 10 to 11 thousand gallons per minute station. As you are well aware, the major Black Cat Lift Station is now down south of Cherry Lane. This would probably still be what I would term a medium sized station in the 2 thousand gallon per minute range and it would pump all the way back to the wastewater plant. Bird: Mr. President. Nary: Mr. Bird. Bird: Brad, if we go across Meridian or Chinden, how much -when JUB did the overall thing here what six years ago when they did an overall study? This was part of that overall study as I recall. Watson: Yes. Meridian City Pre-Council Meeting September 7, 2004 Page 3 of 17 Bird: I forgot to bring my book today, but what would it entail larger sewer lines or we usually put enough sewer line in to handle any access that would come from there, don't we? I mean we are not right on the minimum inches of sewer line when we do put an end. Watson: Correct. Councilman Bird the impact at the area north of Chinden might have on this system is that it could conceivably drive the depth of this trunk into Black Cat Road somewhat deeper. Also, slightly upsize the size of this lift station and also the size of the pressure sewer coming back here. But, again, that was one of three options that JUB was going to look at. That may not be the most cost effective. Bird: Another follow up. Nary: Certainly. Bird: Thank you Mr. President. Brad, if we were to start on the engineering and stuff at this point what are we looking at in a timeline of -and with the lift station and everything, how long would that take to get this project under and finished up? Watson: Councilman Bird, I could give you a typical wishy-washy answer, but will try. Well, first of all there are no funds in the current budget or the FY 05 budget unless we divert it away from the Black Cat project. Usually, design is the easier part of a sewer project. It's the easement acquisition portion. Although, a lot of this would appear to be in the right of way. As an example, the Black Cat Trunk was initiated, I think between 12 and 18 months ago. We are prepared to bid out two major portions of that here in the next month to month and one half, with about a year to 14 or 15 months construction timeline. Bird: Brad refresh my memory also. I know that all but about 100 feet or so of between Ten Mile and Black Cat will flow naturally flow through the Black Cat. How much between McDermott and Black Cat will flow back towards Black Cat or is there any, I can't remember? Watson: Councilman Bird from our updated master plan it appears 800 feet on the west side of McDermott or Black Cat, I'm sorry, could flow back to this. Bird: Thank you. I think that's all I have questions for now, Mr. President. Wardle: Mr. President. Nary: Mr. Wardle. i ! Meridian City Pre-Council Meeting September 7, 2004 Page 4 of 17 Wardle: Brad, just a quick question. You'd mentioned that this wasn't in the year for fiscal year 2005. Have we had any thought as to how far down the road we are looking? Was it '06 or --? Watson: Councilman Wardle, no we have not traditionally programmed trunk lines to be built in any specific year. All the trunk lines have been very development driven or at the direction of Council where they wanted to see growth. In fact, the facility plan is going through DEQ right now. They have wanted us to designate a year for all the remainder of the trunks throughout the impact area. I have dug my heels in it and I said no we can't do that because once I put a date next to a trunk, then there is potentially a false expectation on the part of the development community when that service would be available; whereas, the way we do it now it gives you the flexibility and the ability to direct growth where you want it. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Brad, if this were the desire of the Council to move on this particular trunk line, what -not bumping anything, when could it be programmed? Watson: Councilman Rountree if you directed us to, without moving funds in '05, we would be able to propose as it as an enhancement next summer for the '06 budget. If you did want us to re-designate some funds in '05 then we would simply have to go through the RFP process this fall and select a consulting engineer and it would probably get kicked off January or February. Rountree: Follow up. Would that just be for the preliminary engineering? Watson: Councilman Rountree, I believe this is not quite the full preliminary engineering we have now, but I would anticipate it being full designed and easement acquisition. Rountree: So, on that timeline when would you anticipate a trunk being established? Watson: Councilman Rountree if this was - I will just give a for instance if this was initiated in January, typically the design, assuming easements are somewhat attainable and can be completed in 12 months. The hesitation on all of this is that the wastewater plant is not at capacity, but with 200 buildings permit plus a month we are going to begin to bump up against that fairly soon and the phase one project at the wastewater plant has an estimated 12 to 18 months of design and at least a similar timeline for construction. So, I feel like I am starting to have to be very careful about how many building permits we're issuing over the next three to four years. Currently, the wastewater plant has a maximum month Meridian City Pre-Council Ming • September 7, 2004 Page 5 of 17 average flow of, I think in August it was about 4.5 million gallons per month. What we believe the capacity to be is about 5.5 million gallons per month. We usually don't peak until September. Bird: Mr. President. Nary: Brad, your time, that includes the lift station also, now that we don't have to put a big two-story lift station in? Would that include the lift station being in and going back to the plant? Watson: Councilman Bird, I believe so. Again, the technical design is not that difficult. It's finding the spot to put it in negotiated the easements for the pressure sewer throughout that undeveloped property with Mr. Quenzer and possibly Mr. Frank Johnson, who owns the other piece right now, but I understand that might be up for sale. Those are traditionally the roadblocks to getting that built. But, I am sorry -yes, 12 months would be sufficient if everything else was in place to design both the trunk and the lift station. Bird: Thank you, Brad. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Seems like there is two things that you need. One you need some direction on whether or not the Council wants to see this particular trunk line added to the capital development program and two we need additional capacity in the plant either concurrently or before we look at either expanding existing trunk lines, or adding additional trunk lines. Is that correct? Watson: I think that is correct, yes. Rountree: Okay, so any advanced planning on whatever trunk line it would be would be in advance -could be an advance of the expansion of the plant, but really couldn't come on line until after our plant has expanded, which is what a couple of years away? Watson: Councilman Rountree I believe that -not the best timeline, but not the worst case, but we are probably looking at 2 '/2 years and that in area to get the additional capacity on the most critical components at the wastewater plant. Now, I am not saying - I guess this is more of a policy decision. If this was approved and it was completed faster, that's not going to suddenly bump us up over our capacity, but everyone needs to be aware that if we get to that point, then the whole city is affected by I am not going to say the "m" word, but by some sort of slowdown. Meridian City Pre-Council Meeting September 7, 2004 Page 6 of 17 De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess where I -where are you at with the number of permits? I guess we have a number of applications out there and we know they are not going to be developed. We know they are not going to be developed over night, but how many more homes can you add and where does it become a critical factor? If we maintain the current growth - I guess we need to look at some scenarios too of how growth is occurring, how we are projecting it and if we can accommodate it. We can have multiple applications out of approved developments, it's the number of building permits is the critical point here. Is that correct? Watson: Madame Mayor I guess the critical point is when people move into the houses and I don't know how to track that yet, but - De Weerd: I guess based on building permits? Watson: That's the best I have is based on building permits and it sure seems like, right now, the correlation between building permits and the number of approved applications is a fairly high correlation, the volume of permits and the volume of applications are both at a all time highs. If the Council would like I can go back and put together some data and maybe some graphs that maybe show some intersections of where I would project that capacity to be exceeded based on building permit projections. I didn't show up with that tonight because I didn't know where this discussion was going to go. I showed up with costs and a map, so I can do that if you would like. Rountree: I think that would be very helpful. It would probably be helpful in identifying the timing of the planning for additional trunk lines into the community, but it would be very helpful to see if we are reaching critical mass in terms of commercial and residential hookups in a capacity at the facility, even though we have got a major construction project next fiscal year at the plant. As you indicated, it's going to be several years before that's complete and in operation. De Weerd: Mr. President. Nary: Madame Mayor. ~~ De Weerd: I guess it would be good now to start being a little bit more in tune to where we are at in that process. If this were developer driven, would be still having this same conversation or not? So, at what point do we feel that we are beyond where we should be and I guess we need to see what our options are and who is to say that we are going stay on the same growth trance that we are on right now or if it slows down. Where those points meet is what I am Meridian City Pre-Council Meeting September 7, 2004 Page 7 of 17 concerned at is it about the same time we'll be adding that additional capacity or not. Are we going to be short or is - I guess I just need more information. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would also agree and I appreciate Brad not moving too far forward until the Council had an opportunity to look at whether this was an issue we would look at. My personal opinion, it certainly is something that will affect the overall health of the city. I would like to see some realistic expectations as far as when the plant can be on line, when some of these improvements can be on line and I know, Brad, that you are just kind of ball parking now, but if we could resume this discussion when we have that information it would be helpful for me. Nary: Brad how long do you think it will take to gather that information? Two weeks? Watson: Mr. President the month of September we are meeting with Carollo to find the precised scope of this design project, which includes the phasing and schedules. I don't anticipate -well, we do have a workshop early next week or early the following week, but in the next couple of weeks, three to four weeks from now we will probably be sufficient. Nary: Before we move on, Mr. Turnbull, Mr. Varriale, do you have any comment or anything? Obviously, we need a little bit more information before we go forward, but we are looking at probably a month before we would revisit this discussion. But, I didn't know if you had anything else you wanted to tell us before we do that. Turnbull: No, I think that's appropriate. I would just add to what Brad said I think we have a much easier project here than some that have been involved with because we do have Mr. Quenzer agreeable to the lift station location and pressure line. I think the Quenzers may have had some conversations with the Johnson property, too and I think there are a couple of alternatives there. Brad might know more about that than I do, but seems to me at the most we are talking about one easement that needs to be obtained, so the rest of it would be in right of way and should be fairly simple from that perspective. I think I have also indicated or mentioned before that I am a firm believer that that area - I don't own any property north of Chinden, but I am a firm believer that that area everything west of Linder should be within the Meridian City impact area. I think it just makes sense and I think I have mentioned that for several reasons, number one you have property owners out there that want to be in the impact area and number two the people that live out there in the future are going to fill much more connected to Meridian than they are to Star or Eagle just because the geographical boundary of that fence. So, this trunk line also helps to • • Meridian City Pre-Council Meeting September 7, 2004 Page 8 of 17 establish the service ability of that area for Meridian City and I think it is a great benefit to the city and the public at large. So, we are comfortable with the fact that you need to get more information understanding that the study with JUB is going to be completed within the next few weeks anyway and that will give you some further information there as well. But, as I mentioned before I actually came to the city three years ago when some people out there were talking about forming their own sewer district and I said I don't want to go that way, I want to be serviced by the City of Meridian and be annexed into the City of Meridian. At the time Mayor Corrie was mayor, he asked what kind of timeframe we are looking at and I said about two years and that was three years ago. We have been patient. I really haven't brought it up with the Council before because we haven't been ready to go before now, but like I said, Mr. Varriale and I we have commenced our planning. We actually submitted an application for that area. think that this kind of a project could be done a lot quicker than actually some of the ones - and a lot simpler and maybe more cost effective than some of the other ones have been done because we have very few easements to obtain and the parties, at least the major parties agreeable to granting those easements. We would look forward to continuing this conversation when you get more information that you are requesting. Thank you. Nary: Brad, October 5th, is that adequate? Watson: I believe that will work, Mr. President. Nary: If Council is agreeable we will just reschedule this discussion for our October 5th Pre-Council meeting and get some more information. Item 4. Discussion of Rate Adjustment by SSC: Sedlecek: Mr. President, members of the Council I believe in your packet you have a memo from Sanitary Services regarding an annual rate adjustment, which is part of our contract language. The rate adjustment is tied to the consumer price index and I am sure you have all read it in detail and have questions. I am going to go through the memo quickly. Basically, the CPI year over year is 2.4 percent increase and we don't take the full CPI because some of the parts of CPI are not relevant to our business so we reduced that value by 10 percent, which gives us a 2.16 percent rate adjustment. Then we also excluded landfilling fees, which are part of everyone's payments that they make to the city. Obviously the rates at the landfill are not changing so we are not going to change that portion. We are only changing the portion that affects our cost. If you look on the second page of the (inaudible) of the memo on table one it shows percentages by system. Basically, we are going to change the residential rate by 1 percent, which is 10 cents per month and the other basically between 1.2 and 1.8 is the range of changes. We do have a new rate structure attached to the memo. Commercial rates are going to go up about $3 a month on average. Residential rates are going to go up 10 cents as I said. The rental on a toter cart will go up 3 • . Meridian City Pre-Council Meeting September 7, 2004 Page 9 of 17 cents. Again, this is just minor adjusting to account for increasing costs, particularly the cost of steel, which has gone up dramatically on fuel, which we burn a lot of, I am afraid. If there is any questions, I can answer those. Nary: Council, any questions? Bird: Good report. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Steve, when would these be effective October 1St Sedlecek: Yes. They're adjusted effective October 1St so the rate change would be seen by the customer November 5th I believe is the billing cycle or perhaps the October 20th billing cycle they would see a partial rate adjustment on those. With the dual billing cycles, I am not quite sure where we are at on that. Nary: Mr. President. Bird: If all Council agrees we need to get a resolution drawn up and get it passed before the first of October and I feel it's well deserved and I know Steve has got the backup for everything that he has raised. Sedlecek: One point to mention is there are no new rates in here. There is a new rate that will be coming to the Council and asking you for, but that's a whole separate issue from adjusting the current rate structure that we have. Nary: Council, do you want that as direction then that Mr. Nichols prepare a resolution for a couple of weeks; before October 1St begins and by the 28tt'? Is that adequate time, Mr. Nichols? Nichols: Mr. President it will have to be. Nary: Since there is no objection, I guess Council, is that - Rountree: I just have a question Mr. President. Nary: Oh, I am sorry, Mr. Rountree, go ahead. Rountree: This rate adjustment is done by resolution and doesn't necessarily have to be noticed as the rate adjustments and ordinances? Nary: Right. • Meridian City Pre-Council Meeting September 7, 2004 Page 10 of 17 Rountree: Okay. I am on the learning curb, I haven't done this before. Bird: Oh, he has got a resolution already. Sedlecek: Oh, this is a resolution from last year. If you want to -you already got it. Okay, just trying to help. Thank you very much. Item 5. Discussion of City Slogan -- Cheryl Brown: Brown: As you know I have been working on the slogans. I met with an ad agency who is doing some market surveys for us and I have some slogans to show you tonight. Let me tell you how they came about. They interviewed, Endmark Embroidery, which is a California based company that has moved out here. They interviewed Doug Wolfe with Sundance; Winston Moore; Clarence Jones; Bob Nehaus and Terry Amos were the main people that -- they talked to other residents and that type of thing, but the business people -those are some of the business people that they talked to. What they came up with were three main reasons why these businesses and why these people came to Meridian and brought their businesses to Meridian. One was the exploding growth. The second one was access and transportation and the third one was central location. These were all why these people came to Meridian. The underlining factor what made them decide was an emotional one, which was the quality of life. So, around talking to these people and coming up with the same consensus and she said actually that part was the easy part because they all were in agreement on that. These were the slogans that they came up with. We have got it from 20 and we have it narrowed down to four. And I have my personal favorite, but I would like your opinions on these. The first one is - De Weerd: Ms. Brown, before you do that, maybe my own ignorance, but what's it for? Brown: This is for - Nary: Is this going to be part of a marketing campaign for the city? Brown: Yes. Nary: I guess, I didn't know where all of that came from. I guess I haven't heard that before. Rountree: And is it going to be a lyric to a song? Brown: And you are singing. Rountree: No, I was asking you to provide that rendition as well. Meridian City Pre-Council Meeting September 7, 2004 Page 11 of 17 Brown: No, then nobody will come. This will be all part of the advertising, associating this with Meridian. Nary: Like on the web page and the Chamber? Brown: Yes. The first one, Built for Business, Designed for Living; Nary: Isn't that IBM's --? Bird: No, but we need copies of that. I am 63 years old and my memory keeps just getting shorter and shorter. Nary: We got three more. Brown: Connecting Resources, Business and Community; Driving Connections for Business and Families; De Weerd: See, I am in my forties and I can't read it. Brown: That's why I am reading it first. The Central Valley's Best Blend of Business Growth and Life Style; and the Mountain West's Best Place to Live, Work and Play. Now when she presented these to me last she said which one had your immediate attention? Which one immediately caught your attention and you connected with? Bird: The last one. Nary: Didn't you say there were four and you read five? Brown: I did. Rountree: So, which one of those don't count? De Weerd: The one Keith picked. Brown: Actually, I took my own survey this weekend and was asking people and it was unanimous. De Weerd: On what? Brown: Other than my husband. De Weerd: You want to pass those along here so they can see them? Nary: Council, any preference or comment? i • Meridian City Pre-Council Meeting September 7, 2004 Page 12 of 17 Brown: What we would like to do at the Mayor's State of the City Address is have one of these in a PowerPoint presentation showing Meridian. So, I would like to have it narrowed down by then or chosen by then. Bird: Did you bring it before the directors? Brown: No, I came to you first. Nary: I guess for me, I'll chime in. I like the last one the best, although the Mountain West doesn't sound very -living here I don't relate to that very much. I like -because the rest of -part of our city mission statement. I guess I would rather that it said Idaho's best place to live, work and play, rather than the Mountain West. That makes it sound a little too generic, a little too broad. recognize you are trying to appeal outside of the state when you are talking about economic development, so you know, the Mountain West just sounds a little too vague to me. Bird: That just got shot down, Mr. President. That was my pick. Nary: That was the only one that -the other ones I recognize and to me sound too much like a business slogan and not the city's slogan. It sounds like the Chamber's slogan and you know when you are talking about connection with the business, connection with the community - if you live in the community that doesn't seem to relate to you very well to me. So, I like the other one. I just think that when you use a term like the Mountain West it sounds so broad that it doesn't sound like - if you ask five people out here do you live in the mountain west? I don't know that they would know what that meant. If you said, do you think of Meridian as Idaho's best place to live, work and play? I think they would. Brown: The one thing to comment on that one was live, work and play has been overdone to death and it was too long. Nary: It was shorter than one of those other one's though. And central valley doesn't sound like anywhere that I know of and so that sounds a little too generic to me, but anyway you are right it probably has been overdone in other places, but it at least has more, I guess for me it has more of a connection to the community than just - (Inaudible discussion) Rountree: That's the one I like. It's the closest to what I like. De Weerd: Built for business, designed for - Brown: I don't have my glasses on, I can't - • . Meridian City Pre-Council Meeting September 7, 2004 Page 13 of 17 De Weerd: She is in her forties as well. (Inaudible discussion) De Weerd: Oh, we are not like the older folks where you have to hold it far away. Brown: The one that was unanimous with everybody - Wardle: I agree with Charlie that this is one that makes more sense to me. think it needs to be refined a little bit, but that's my preference. Brown: How so? Refined, how so? Rountree: I would change built, but I am not sure exactly what that word is yet. Wardle: Welcoming, or - I don't have a specific suggestion at this time, but I could mull it over and - Nary: You are asking a bunch of politicians to design this for you. I guess because you are talking -for me, you are not talking about just a business brochure; you are talking about something to identify this city with the people that live here, as well as the businesses that live here. Built for business, to me sounds like Silicon Valley; good for business sounds a little more user friendly. Rountree: How about open for business? Nary: Well, you know what there are a lot of people that write letters every week that think that that's all we do is open for business. But, something in that - (Inaudible discussion) Nary: -- sounds too much like this is some prefab town. Brown: Okay, let me tell you how I think the built came around is because a lot of these developers and people who have put up infrastructures here said Meridian is built for business. We have the fastest process and we are built for business. We don't sit on something, it goes through. They love coming here. They like building here more so than another city that it's going to take a lot longer to get through the process. I don't know if - Rountree: How about embracing business? Nary: Since we are just asking for opinions, I don't like it. I just think built for business sounds too much like a corporate slogan and not something that relates to the people that live here. But, I don't own a business, so you know, if these gentlemen think differently that's fine. • • Meridian City Pre-Council Meeting September 7, 2004 Page 14 of 17 Wardle: Mr. President I will agree a little bit with Bill in the sense that - I am trying to condense my entire college degree into five minutes here, so I don't think that saying that we are -certainly we want the economic development community to know that we can move through processes and not have a lot of government interference in that. But, I think we need some input as to our citizens in the sense that while we are welcoming business and we are embracing business, I think the perception is sometimes that the development community moves those projects through at a pace which some people feel is fast on the residential side. So, I think that just the word built probably could be softened, modified so that it still has an impact, but does represent what Meridian citizens are just a little bit more. Brown: So, I will take this back to her tomorrow. Rountree: So what was the unofficial poles preference? Brown: Would you like to get the count of who liked which one? Bird: You probably need these so - Nary: Which one was unanimous, but for your husband? Brown: The business one. Wardle: The one we were discussing, I assume. Brown: Yes, that was unanimous. Nary: Which one did your husband like better? Brown: Well, I just probably threw it away. That didn't count. It was -David Turnbull and Frank too, they liked the built for business, design for living and the second choice was connecting resources, business and community. That was one and two. Wardle: Designed for business, built for living? Brown: That's an option. Nary: I like good for business better, but I am not a marketing guy. Brown: Well, what I can do is take this back to her tomorrow and tell her to enhance a little bit better, the built - De Weerd: Tell her to build on it. i ~ Meridian City Pre-Council Meeting September 7, 2004 Page 15 of 17 Nary: Keep it short. I don't think you want it longer than that. I think the others were just too long or just too wordy. Brown: Nobody will remember that. Nary: Good for business, great for living; it's short, you know, something like that. Brown: Would you like me to bring this back to you at the next meeting? Nary: Council, do you want to have this discussion again? Brown: Do you want me to email it to you? Do you want me to bring it up at Pre- Council? How would you like me to send these to you? Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Are we really going to have a say in this? Brown: Yes. De Weerd: Yes. You just had your say. (Inaudible discussion) Nary: Do you feel like you have some sense of what we think. Brown: Yes, I am glad you are not in marketing. Okay. Nary: If you think you want to bring it back or come as a director's report or something like that. Brown: It's totally up to you. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: We can email it out. If there are any red flags, certainly we can add it on to an agenda. How's that? Nary: Good enough. • Meridian City Pre-Council Meeting September 7, 2004 Page 16 of 17 Brown: Thank you. De Weerd: Now, go support your kids. Item 6. Discussion and Review of Clothing Policy: Nary: Next on the agenda is the clothing policy. I think that was emailed again to you, I think there were some changes that were made. Madame Mayor, didn't know if there was anything else that you wanted to discuss about it. I think it was just to see if it met all of everyone's expectations and if so, could we then put it forward on a resolution for next week or the week after? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: We brought it up at the director's meeting today and there were no further comments, only gratitude from Stacy that Gary took the bull by the horns and with much appreciation, we did get comments back from two of the four Council members and appreciation also of what Gary had added to it. So, if the Council feels ready to move it forward we certainly would entertain that. Bird: I am for it. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Let's move it forward to get it onto the agenda. Nichols: Mr. President, members of the Council there are two pending cleanup items in the personnel manual that have been hanging fire for a few months. Section 3.2 and 8.21 that Nancy has. They are just -one is instead of referring to Human Resource's director it would say human resources in the policy and the second has to do with currently your policy talks about disciplinary action against an employee and instead we are changing that to adverse employment action. It could include a dismissal that is unrelated to discipline and so those two policies - if we are going to do the clothing policy we might as well do those two at the same time we bring them forward to you to have them for you to look at. We might as well do all three at once and Nancy had asked me, I think it was last week or the week before what is the process again on getting things on cleanup stuff and those are two things that need to come forward so we could do them all at once, if that is your pleasure or we could just do one on a clothing policy and get the others in front of you and do another one later. Bird: Do it all at once. • . Meridian City Pre-Council Meeting September 7, 2004 Page 17 of 17 Nary: Council, do you want that done all at once? Bird: (Inaudible). Nary: We got a couple today from Mr. Berg as well on 1.2 and 8.21 which is the adverse employment action? Are those the ones? Nichols: Yes, I think those are the ones. Nary: Yeah, I guess I would be in favor of that, too. Mr. Berg let's just go ahead and just put them all on and let's just get them done. I guess we have reached the end of our agenda. Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adjourn the Pre-Council meeting. Wardle: Second. Nary: It's been moved and seconded to adjourn. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:47 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAM D WEERD, AYOR ATTE / ZU / DATE APPROVE~~,,,,~~~,,,,,~~~~~~ c~~~~aPa~ rF 92 -,; s~AL ~ - LLIAM G. BERG, J ., C ~L Qp`~ '~ ;90,9 UST 1SS . Q' `\`~. ~ ~~~~~~Jrns r>;1~~4:;t~ ** T~IRMATION REPORT >k* AS OF SEP 03 '04~ PAGE.01 CITY OF MERIDIAfJ 13 DATE TIME TO/FROM 09/03 17:19 3810160 MODE MIWSEC PGS CMD# STATUS 14 09/03 17:20 PUBLIC tJORKS EC-S 00'28" 001 178 OK 15 09/03 17:21 8841159 EC--S 00'19" 001 178 OK 16 09/03 17:23 POLICE DEPT EC--S 00'20" 001 178 OK 17 09/03 17:24 8985501 EC--S 00'19" 001 178 OK 18 09/03 17:2$ LIBRRRY EC--S 00'19" 001 178 OK 19 09/03 17:26 IDAHO STATESMAN EC--S 00'21" 001 178 OK 20 09/03 17:27 3886924 EC--S 00'20^ 001 178 OK 21 09/03 17:28 2088886854 EC--S 00'19" 001 178 OK 22 09/03 17:29 RLL AMERICRN INS EC--S 00'18" 001 178 OK 23 09/03 17:30 208 895 0390 EC--S 00'19" 001 178 OK 24 09/03 17:31 128300040 EC-S 00'18" 001 178 OK 25 09/03 17:31 208 387 6393 G3--S 00'25 001 178 OK 26 09/03 17:32 RDA CTY DEVELMT EC--S 00'19^ 001 178 OK 27 09/03 17:33 8885052 EC--S 00'29" 001 1'78 OK 28 09/03 17:34 CHERRY LRNE EC--S 00'20" 001 178 OK 29 09/03 17:36 IDAHO RTFILETIC C G3--S 00'38° 001 178 OK 30 09/03 17:37 ID PRESS TRIBUNE EC-S 00'20^ 001 178 OK 31 09/03 17:38 2088886701 EC--S 00'20" 001 178 OK EC--S 00'21" 001 178 OK f Irc~se p~s~ ~~,. ~~~b1ic. ~aF~cQ. - -h~nXS~ CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 7, 2004 at 6:00 p.m. City Council Chambers ~• Roil-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: (* 15 minutes) 4. Discussion of Rate Adjustment by SSC: (* 70 minutes) s. Discussion of City Slogan -- Cheryl Brown: (*10 minutes) s- Discussion and Review of Clothing Policv: `Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre•CeuncO Agenda - Septemtrer 7, 2004 Pape t of t All materials presented at publle meetings stta8 become property or Me Clty of Merltlian. Anyone desiring accommotlation for dlsabl8des related to tloaumerNS and/or hearings please contact the City Cledc's OflScY at 888.8433 at I~st 48 hours prbr b Me public meeting. ** TX CONF I RMA~f'f ON REPORT ** AS OF SEP 03 ~17:39 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 32 09103 17:39 3@10160 MODE MINiSEC PGS CMD#I STATUS EC--S 00'37" 001 179 OK ,: ~~f'C1S~ I'OS~~ ~vi~ 1'~~~~ 1vGZ~(~ e. I I «~ rl,KS1I .r.m ~J~ i rh ;h :::.,..y - ~~r~r~-n~ ~-~ IDAN[) l~ t~ '^ ~ /~., '~~r MAYt~R 7'a,nmy de Weerd CITY COUNCII. MEM6EItS NOTICE OF PRE-COUNCIL MEETING w;lliaut L.M. rusty Keith Bircl Charles M. Rountree Sl+aun Wardle I MERIDIAN CITY COUNCIL CITY DEPnRTMLN't'S NOTICE IS HEREBY GIVEN that the City Council Of the City of Fire 540 E. Franklin Road 588-1234/(ax B95-U390 Meridian will hold aPre-Council Meeting at City Hall, 33 East Idaho, Parks & Recreation Meridian, Idaho, on Tuesday, September 7, 2004 at 6:00 P.M. The 11 E, Bower Street AsR-'579/fax 898-5501 Meridian City Council will be discussing agenda items which are on the Planning & Zoning 660 F. Watertower Lana: regular Sch9dUled Clty COUnCII m@eting aS W@II a5 the f0110W1ng 15SU@S: Suite 202 884-5533/fax 588-6354 Discussion of Black Cat Sewer Trunk by David Turnbull and Polire Frank Varriaie 1401 E. Walerlawer lane 888-6678 /fax 846.7366 ~ Discussion of Rate Adjustment by SSC l'ubl.ic Works 660 F;. Watertower Lane "Discussion of City Slogan Suite 2UU 898-5500/fax e9s-vssl ^- Discussion and Review of Clothing Policy - livilding 660 >:. Watertower Lane The public is welcome to attend the meeting. ,.~a"~pF A~6'~,r"'~., Suite 150 ~. ~ l~+v i~~ 8s~-zzll/fax s~7-1z97 DATED this 3rd of September, 2004. ~~\,\~'~ ~~'O~r~~ ~'=; - Scwcr (WWTP) - 3401 N. 1'~n Miie Ruaci ~.~ - ~ ~~~T 88$.2191 /(ax $84-o~4'I WILLIAM G. BERG, JR. (~ ~RK 1J ~, - Water y' ~(~, ,00 2235 N, W. 8th Street ~ ; ~ 4~. `, 888-524?./fax 884-115) '•., ~`~~r-v ~ ~ti,~ .. ,...nl«~'`t CITY HALL 33 EAST IDAHO AVENUE t~lER1D1AN, IDAHO 83642 (208) 888-4433 C.rP1' Clf_,?K-h1\ H88.4218 ~II~~IAN RGSUURCLIS-1'r18 88a'8i23 FINANCE S UTILIT\' BILLING-FAX 881.4813 ~I;tl'OR'S OFFICE-r•,~x 884.8119 ** TX CO~MRTION REPORT ~* RS OF SEP 03 '04 1~ PAGE.01 CITY OF MERID]AN 01 DRTE TIME TO/F-ROM 09103 17:40 PUBLIC WORKS MODE MIWSEC PGS ' " CMD# STRTUS 02 09103 17:42 8841159 EC-S EC--S 00 26 001 00'26" 001 179 179 OK OK 03 09103 17:45 POLICE DEPT EC--S 00'26" 001 179 OK 04 09103 17:46 8985501 EC--S 00'26" 001 179 OK 05 09103 17 48 LIBRARY EC--S 00'30" 001 179 OK 06 09103 17:50 IDAHO STRTESMRN EC--S 00'26" 001 179 OK 07 09103 17:51 3886924 EC--S 00'26" 001 179 OK 09 09103 17:54 2088886854 EC--S 00'26" 001 179 OK 11 09103 17:56 RLL RMERICAN INS EC--S 00'25" 001 179 OK 12 09103 17:57 208 895 0390 EC--S 00'26" 001 179 OK 13 09103 17:58 128300040 G3--S 00'30" 001 179 OK 14 09103 17 59 208 387 6393 EC-S 00'26" 001 179 OK 15 09103 18:00 RDR CTY DEVELMT EC--S 00'26" 001 179 OK 16 09103 18:01 8885052 EC--S 00'26" 001 179 OK 17 09103 18:02 CHERRY LRNE G3--S 00'42" 001 179 OK 18 09103 18:04 IDAHO RTHLETIC C EC-S 00'26" 001 179 OK 19 09103 18:05 ID PRESS TRIBUNE EC--S 00'25" 001 179 OK 20 09103 18:06 2088886701 EC--S 00'26" 001 179 OK 22 09103 18:10 12084664405 EC--S 00'26" 001 179 OK 27 09103 18 23 SEWER DEPT ----5 00'00" 000 179 BUSY THIS DOCUMENT IS STILL IN MEMORY • ~~PC~S~ ~OS~ tUr~ 1'~t~t~ N C,1~(~ e. I I un rucs!I .~ ;J .Faygq,;~~,~ C~ri~i~n~ ~, .', tDAHO i„ r /~ 1 ~' .. ~°' MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keiflt Bird Charles M. Rountree Shaun Wardle CITY DEPnR7MEN15 Fire 540 E. Franklin Road 888-1234/fax 895.0390 Parks & Renration 1'1 E. Bower Street RRR-579/fax 898-5501 Planning & Zoning G60 E. Watertower Cane Suite 202 864-55331fax 888-6854 Police 1401 E. Watertower lane 888-6678lfax 846.7366 Public Wurky 660 G. Watertower Lane Suite 2UU 898-5500/fax 8I8-9551 - Bu;iding 660 >r. Watertower Lane Suite 150 B87-z2u /fax RR7.7 29' - Scwcr(WWTP) 34171 N. Ten Mile Road RR8-2197 /fax 889-074~i - Water 2235 N. W.Bth Street 888-52421fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold aPre-Councl Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 7, 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: ~ Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varria/e ~ Discussion of Rate Adjustment by SSC ~ Discussion of City Slogan ~ Discussion and Review of Clothing Policy `, `ttt`p u u u u prrprr',' The public is welcome to attend the meeting. pF MJ~. , .~`~ ~ y vd! ''. DATED this 3rd of September, 2004. ~ G ~~d°~o~r~9~' ~-, - SE~LI, WILLIAM G. BERG, JR. CI ` RK o~ ., s• ~ ~® - - o~ °sr,~,Y. dQ.,,. .. ,,,,,.~u<<.,t~ CITY FIALL 33 EAST IDAHO AVENUE MERIDIAN. IDAHO 83642 1208) 888-4433 ern cLear:..ntc 888.41.18 nunl,tN ncsouaces-r~tx 884.8T23 FINANCE & U'fILIT1" 1)ILLIVG-FAS 887.4813 11nt'OR'S OFFICE-F.~S R84~8119 ** TX CONFIRM~ON REPORT ** AS OF SEP 03 '04 17:55 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINI 08 09103 1?:53 12084664405 SEC PGS CMD# STATUS 10 09103 17:55 SEWER DEPT EC--S 00'21" 001 178 OK ---------------------- THIS DOCUMENT IS STILL00N0MEMORO 178 BUSY NI CClse pps~ +Gr ~~tblic, NO}~~ - ~ hc~nKS 1 CITY O~ MEDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 7, 2004 at 6:00 p.m. City Council Chambers ~• Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of Black Cat Sewer Trunk by David Turnbull and Frank Varriale: (* 15 minutes) 4. Discussion of Rate Adjustment by S5C: ("' 10 minutes) 5• Discussion of City Slogan » Cheryl Brown: (*10 minutes) 6• Discussion and Review of Clothins~ po~~; *Apprc-ximat® allowable time set for agenda item may change depending on discussion. Please use the d®signated minutes as a guideline only. Meridian City Pre•Coundl Agenda -September 7, 2pp4 Page 7 of ~ All materials presented at public meetings shall become property of the Clry of Meridian. Anyone desiring accommodation for dlsabllldes relatetl to documents and/or hearings please contact the City Clerk's Office at868-4433 at least 48 hours prior to the public meeting. ~ I<~ vC ~~d~-~~~he~ ~. bb CITY OF MERIDIAN I ADA COUNTY COMMISSIONERS SPECIAL JOINT WORKSHOP /MEETING AGENDA WEDNESDAY, SEPTEMBER 1, 2004 -1:30 P.M. ADA COUNTY COURT HOUSE BUILDING ADA COUNTY COMMISSIONERS CONFERENCE ROOM 3RD FLOOR 200 WEST FLOOR STREET BOISE, IDAHO f~i~-~- C~w~~ G'larr' /`~~vwti.-~ h~'~G 1. Roll-call Attendance: ~)~,c ~r Z 6 ~ Shaun Wardle Bill Nary ~~°~'"~~ r~"`'~""~"' Charlie Rountre\e, Keith Bird Mayor Tammy de Weerd D Judy Peavey-Derr Fred Tilman Rick Yzaquirre CiV'@ ~~ 12vv~ d i¢X }~Q~/cr 2. Discussion of Space Needs and Timing for Future Expectations for Site Locations with the City Hall Building Project: 3. Discussion of Amendment to the Area of City Impact Agreement to Address the Collection of Park Impact Fees: 4. Discussion of Memorandum of Understanding for the Collection of City of Meridian's Park Impact Fees: f~(ir7'L ~ u,~' v~.. wc. K f Tr~c} da~ nwe.e:~ a~ca.l~a. q ?-~ 4 t/vwh, ~-vwn G art o~~G~ ~ . fnP~' ~~~ n¢ ~. ci~j ~~ ~~-p-~ X - .~~-J' Page 1 of 1 Meridian City Council / Ada County Commissioner Special Joint Workshop /Meeting -September 1, 2004 All materials presented at public meeting shall become property of the City of Meridian. Anyone desiring accommodations for disabilities related to documents and / or hearings, please contact the Ada County Commissioners Office at 287-7000 at least 48 hours prior to the public. ~,9TJ"'yr.~ ~;~ • ~ `-k~ !,. f~ " ~ri~icn ~~ ~,. IDAHO 0~ :' ~ / s '' ~ r'= +, !SINCE %1903 MAYOR Tammy de Weerd REVISED NOTICE OF SPECIAL JOINT WORKSHOP /MEETING CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Sttite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 MERIDIAN CITY COUNCIL ADA COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Ada County Commissioners will hold a Special Joint Workshop /Meeting at Ada County Commissioners Conference Room on the 3rd Floor of the Ada County Court House Building, 200 W. Front Street, Boise, Idaho, on Wednesday, September 1, 2004 at 1:30 pm. The Meridian City Council and the Ada County Commissioners will be discussing space needs and timing for future expectations for site locations with the city hall building project and collection of park impact fees. The public is welcome to attend. DATED this 31st day of August, 2004. CITti' HALL 33 EAST IDAHO AVENUE CI"f l' CLERK-FAX 888-4218 HUMAN RESOURCES-FAX 884-8723 WILLIAM G. BERG, ~~ 1E` ~.. O r ~ W ~~ SEAL M ~ ,~5~ .,. ~' ... -:lily tl~\ MERIDIAN, IDAHO 83642 (208) 888-4433 FINANCE & LI"fILITY BILLING-Fi\X 887-4813 MAl'OR~S OFFICE-FAX 884$119 • • ADA COUNTY COMIVIISSIONERS OFFICE 200 W. Front Street Boise, Idaho 83702 (208) 287-7000 Faz: 287-7009 Judy M. Peavey-Derr Rick Yzaguirre Fred Tilman Commissioner, First District Commissioner, Second District Commissioner, Third District BOARD OF ADA COUNTY COMMISSIONERS AGENDA FOR WEDNESDAY, SEPTEMBER 1, 2004 ("Times Posted are Subject to Change) I. CALL TO ORDER II. ROLL CALL III. CHANGES TO THE AGENDA IV. UNFINISHED BUSINESS V. NEW BUSINESS 9:00 AM * Welfare Hearing (See attached agenda) 1:30 PM * Meeting with Meridian Mayor de Weerd VI. ADJOURNMENT • 1M11 Berg From: Peggy Gardner [gardnerp~meridiancity.org] : Wednesday, August 84, 20841:42 PM To: Peggy Gardner; Tammy de Weerd; 'Shaun Wardle'; naryt~meridiancity.org; crountre~iitd.state.id.us; rourrtrec~meridiancity.org; birdronaidkeith(~msn.com; 'Bill Nary' Cc: Gardnerp~ci.meridian.id.us; bergw~a.meridian.id.us; siddowas~a.meridian.id.us; 'Anna Canniru3 ; 'Clair Bowman'; mike~zga.com Subject: RE: Ada County ServicesJMeridian City Hall Just a reminder -- the Meeting with the County will be held at Ada County Commissioners office. Peggy -----Original Message----- From: Peggy Gardner Sent: Wednesday, August 04, 2004 1:39 PM To: Tammy de Weerd; 'Shaun Wardle'; 'naryb@meridiancity.org'; 'crountre@itd.state.id.us'; 'rountrec@meridiancity.org'; 'birdronaldkeith@msn.com'; 'Bill Nary' Cc: 'Gardnerp@ci.meridian.id.us'; 'bergw@ci.meridian.id.us'; 'siddowas@ci.meridian.id.us'; 'Anna Canning'; 'Clair Bowman'; 'mike@zga.com' Subject: RE: Ada County Services/Meridian City Hall Importance: High The County has changed the meeting to Sept. 1 at 1:30PM. Please check and change your calendar. Let me know ASAP if there is a conflict. Pe9gY -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.orgJ Sent: Tuesday, August 03, 2004 3:28 PM To: Shaun Wardle; naryb@meridiancity.org; crountre@itd.state.id.us; rountrec@meridiancity.org; birdronaldkeith@msn.com; Bill Nary Cc: Gardnerp@ci.meridian.id.us; bergw@ci.meridian.id.us; siddowas@ci.meridian.id.us; Anna Canning; Clair Bowman; mike@zga.com Subject: FW: Ada County Services/Meridian City Hall The meeting has been set with the Ada County Commissioners to discuss their space needs and timing for Tuesday, Auqust 31 at 2:00. We will do it at their place this time. It is important to have an understanding of what their expectations are as we move forward with the city hall project and looking at site locations. If we need to add anything else to the discussion list, please let me know. (Peggy, please copy this for Keith - I keep getting emails sent to him back} Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax i -----Original Message----- From: Peggy Gardner Sent: fiuesday, August 03, 2004 3:06 PM To: Tammy de Weerd Subject: RE: Ada County Services/Meridian City Hall The meeting has been set for 8/31. Will include Commissioners and Robert McQuade Dave Logan. Peggy -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent; Saturday, July 24, 2004 2:39 PM To; Gardnerp@ci.meridian.id.us Subject: FW: Ada County Services/Meridian City Hall Can you please work with the Ada County Commissioners secretary to schedule a time to meet to discuss the new city hall, county partnership and space needs and the timing of those space needs. Thanks - this is high priority. Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax -----Original Message----- From: Cathy Sewell [mailto:cros@2ga.com] Sent: Tuesday, April 20, 2004 7:27 AM To: Tammy de Weerd Subject: ~'W; Ada County Services/Meridian City Hall Tammy Sorry, I typed in the wrong a-mail address for you so you did not receive the message below. Dave Logan at the County informed us that the DMV is the only County service being considered for the City Hall project. This makes a significant difference in total square footage for the project and will have some impact on the site requirements. T know there is a site selection meeting tomorrow, I will try and get some preliminary information from the DMV as to what their needs may be and how that may impact the overall site requirements. 2 • Thanks. Cathy From: Cathy Sewell Sent: Tuesday, April 20, 2004 7:18 AM To: 'davelLadaweb.net' Cc: Mike Simmonds; 'deweerd@meridiancity.org' Subject: Ada County Services/Meridian City Hall Dave Per our telephone conversation yesterday it is our understanding that the only County service being considered for inclusion in the City of Meridian City Hall project is the Department of Motor Vehicles(DMV). All other previously discussed services - Emergency Medical Services, Sheriff, Magistrate Court, Juvenile Detention are no longer being considered, Per the programming information you provided us the square footage requirement for the DMV is approximately 5,OOOsf. Eileen Orcutt(DMV) has contacted me and I will be setting up a meeting to discuss the department's specific needs. Thanks. Cathy ?~'ir. R~~~ ~:{3g?~il, iii=ectflr r"'=-Qi~ ~ fl~i~it-v drS~~v~~~ '.i iii {~3~. ~rl1r'1T ~~~~~ usfllv~, t~'~' ~ ~ l l= ~~: ~efl1~,• :fl VL?I;r ',i~d.tSt ~'?, ~'%t1=i ~ ?tier i tils letter Cf3il.~~1CiT1S a~! flf t11~ i11fflI1~3tifldl c121d unClelStandings 5ulnd'iic~iZ8C3 ?x= ~,'C''tLr ~~lljt?st l r lever re`ar+~7I3~ the r ~ •, (Pala L©. Yarcel 1VO. S 11 [741 I$1 J .the ~ o e lo~al~c at 11 ~ ~ ~. pine 1~,,e. zone ~ ~.i~-;. ~ ) T' P P ~y is currently annexed and ~ ~i_I inuustr33l i~-~~- yvl~€:h p~rlriltS l~i~'i1FflP{JllSiTiy ~i1 fleX ~paCe doses such as the ~~'eed and pest Contl-ol facility. the }v~~ Future band Use Map designates the ro erry P P as "Mixed LJse- Co:-n.°nunit~r," :~~hich encourages a combination of office, retail and public serviceicivic uses master planned for the same development. ~ Conditional 1_;se Permit fflr ai ~'iannYd Reveoopment (PR) would be required be#vre a-~_y. building perrr3it applications could be processed. The City of Meridian pro~-ides an option for bot~3 a Conceptual PR and a Retailed PR. The latter is required for any portion of the development that is requesting building l:?e~-mits 4S'lthln 1 ~S months of receiving City Council approval of the I'R. 'There were tzvo design issues I noted for your site planning consideration. The first was that the existing stub street at the southeast corner of the site should be extended and utili?ed. 'i'be second issue rela#es to tl,e dive ~iiie Brain in the southwest corner and ensuring tl~.at this natural feature is both l~risteflteCl gild, if i~issilile, itltegrat?d it3tri the cverali de;'~lC)~71t18d1t as an a~-rieriit=~. ir'irally, your august l?`" left?r mentions the possible relocation of the Motor Vehicle and Rriver "License Departments to the Pine Avenue ca'=~p~. ~-owever, at our meeting you said ~.da C'oun#~;'s preference for these departments would be to locate in a joint civic building in Oid Town ?v±erdian_ I j;_ist ~var~ted to confirm that the do~•nto~~,~ri location would also bQ ~e_ City of Meridia-i's preferred location. for these services. incirel~', _, r - ~~ _,~. City of A~eridi~n • s AGREEMENT NO. AGREEMENT FOR THE COLLECTION OF MERIDIAN CITY PARK IMPACT FEES FOR DEVELOPMENT IN THE MERIDIAN CITY AREA OF CITY IMPACT THIS AGREEMENT is made and entered into this day of , 2004, by and between Ada County, a political subdivision of the State of Idaho, by and through its duly elected officers, the Board of Ada County Commissioners, (hereinafter collectively referred to as "the County"), and the City of Meridian, a municipal corporation organized and existing under the laws of the State of Idaho, by and through its duly elected officers, the Mayor and Council of Meridian City (hereinafter collectively referred to as "City of Meridian"). WITNESSETH: WHEREAS, City of Meridian has adopted the Meridian City Imp~aret Fee Ordinance, Ordinance No. on ,codified as Title 10, Chapter 7, Meridian City Code, containing certain regulations and requirements relating to construction and development; and WHEREAS, the County and City of Meridian are "governmental entities" empowered to impose and collect development impact fees pursuant to the provisions of Idaho code 67,8203 (14); and WHEREAS, the County desires to aid City of Meridian in the provision of pazks in the Meridian City Area of Impact by adopting City of Meridian's ~`-mm~rehencive Park and Rc~crPatinn ~vctT em Plan (the Park Plan) and the Meridian City Impact Fee Ordirramce to be applicable in the Area of City Impact; and WHEREAS, the County and City of Meridian desire to enter into the A to delineate certain azeas of responsibility for its enforcement within the City of Meridian Area of City Impact; NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is hereby mutually agreed as follows: A ~_'ITV nF MF,RTDTAN f'nMPRF.AF.NC1Vi~'. PARKC AND RFC'RFATInN ~Y~7'F,M PT.AN_ The parties agree pursuant to Idaho Code X67,8203(26), that for those areas not within the City of Meridian but that aze within the City of Meridian Area of City Impact, the Park Plan including the service areas therein delineated, as amended from time to time, shall apply to the development of parks. The County agrees to take the steps necessary to adopt the Pazk Plan pursuant to §67-6526, Idaho Code. B. f''nTJ,F,C'.TinN nF FF,F.S AND WiTFTRnT.DTNG nF PFRMiTC The City of Meridian Impact Fee Ordincmee, Title 10, Chc~ter 7, Meridian City Code, shall apply within the City of Meridian Area of City Impact; provided, however, that arty subsequent amendment to the City of AGREEMENT - IlVIPACT FEES PAGE 1 OF 6 Meridian Impact Fee Ordinance shall not apply within the City of Meridian Area of City Impact unless specifically renegotiated pursuant to the provisions of §67-6526, Idaho Code. The parties hereto agree that the County will issue no building permit for development within the City of Meridian Area of City Impact unless or ucrtxl the applicant for such building permit provides documentation that development impact fees for parks required by City of Meridian have been collected or waived by City of Meridian. C, PRnC'.F,DiTRF FnR DF,VF.T.nPiNC~ PARK4 iN TRF. ['.TTY nF MF.RTnTAN ARF,A (1F f.`ITY TMPAC'.T 1. City of Meridian shall be responsible for locating sites appropriate for the development of the parks within the City of Meridian Area of City Impact. 2. In the event City of Meridian purchases park land in the City of Meridian Area of City Impact and develops such land urto a park, and if a portion of either the purchase and/or development is accomplished with pazk impact fees or credits therefor, the procedure outlined in this section shall apply. 3. The City of Meridian shall develop proposed pazk plans for pazk sites located within the City of Meridian Area of City Impact and shall receive approval from the City of Meridian Mayor and Council. The proposed pazk plans shall then be submitted to Ada. County for its approval. All pazk plans shall be submitted to the County as conceptual conditional use permit requests. The procedure for the hearing of such permits shall be as follows: a. A plan of the proposed pazk shall be submitted to the Ada County Development Services by the City of Meridian Parks and Recreation Department. Such a plan shall include as much specificity as possible, including, but not limited to, the type of pazk, with a general description of such type, the azea in which the park is to be located, with a description of the topography and any important physical characteristics of the site and the proposed pazk, a general time frame for development of the park, and any other relevant information the City of Meridian Parks and Recreation Depaztment can provide the County. b. The application shall be set for consideration by Ada County within sixty (60) days of receipt of the application. Notice shall be provided to landowners within 300 feet of the boundaries of the proposed park. Ada County shall heaz the application pursuant to the Guidelines and Procedures for Conditional Use Permits adopted by the County, including the applicable provisions of the County zoning classification in which the proposed pazk is located. c. If the conceptual conditional use permit is denied or if the City is aggrieved by a decision of the Boazd, the City may, seek judicial review within twenty eight (28) days after the Boazd's decision is issued. AGE - IlVIl'ACT FEES PAGE 2 OF 6 • D, 'TERM nF (''nNC'.F,PTiTAT, C'nNDTTinNAT. TTCF,_ If a conceptual conditional use permit descn~ed above is granted by Ada County, it shall be valid for ten years from the date it is issued unless construction is completed within that time in which case the land use shall become vested. Any extension of the term may be requested by City of Meridian pursuant to the County's zoning ordinances. E, PRn(`F,DTTRF, FnR APPRnVAT. (fF PARK DF,VF,T.nPMF,NT_ At the time City of Meridian decides to develop a pazk site within the City of Meridian Area of City Impact City of Meridian shall comply with all County ordinances applicable to the development. F, MAiN'iT,NANC'.F nF nFVFT.nPF,A PARK4 iN (:iTY nF MFRTDTAN ARF,A In the event City of Meridian purchases pazk land in the City of Meridian Area of City Impact and develops such land urto a park, and if a portion of either the purchase and/or development is accomplished with pazk impact fees or credits therefor, (the City of Meridian to operate and maurtain the pazk), the County agrees to maintain such park, until such time as the park is annexed by City of Meridian. The details and standazds for maintenance of individual parks subject to the terms of this paragraph shall be negotiated between the County and City of Meridian on a case by case basis. Under those circumstances where it maintains the pazk, Ada County the City shall also control the operation of the pazk, consistent with the Park Plan, including reserving the pazk and receiving airy user fees therefor until the pazk is annexed. For purposes of this pazagraph a pazk shall be considered developed at the time of completion of installation of irrigation, turf and parking. The installation of irrigation, turf and parking shall be in compliance with any specific conditional use permit required for pazk development. G. C'I7'Y nF MF,RiD1AN ARF,A nF f.`TTY iMPAC'T RF.PRF,CF,NTATinN_ In consideration of the County's performance of the requirements of this ACiItEEMENT, and acknowledging the benefits of representation of citizens who live in the City of Meridian Area of City Impact in matters regazding the development of Parks and the implemeirtation of the City of Meridian Development Impact Fee Ordinance within said City of Meridian Area of City Impact, City of Meridian agrees to provide for one position to be held by a resident of the City of Meridian Area of City Impact on the City of Meridian Boazd of Pazk and Recreation Commissioners and one such position on the City of Meridian Development Impact Fee Advisory Committee. H. TnTnFMNrrv_ For and in consideration of County's agreement to assume the responsibilities as set forth in Pazagraph B of this AGREEMENT, City of Meridian hereby agrees to indemnify, defend, and hold harmless the County, its elected officials, officers, agents, and employees, and all of them, from and against any and all claims, actions, proceedings, costs, injuries, damages, judgments, and liabilities including attorney fees, arising out of or in any way connected with the performance of the obligations and conditions required under this AGR~:EMEN'T, and not arising out of the County's breach of the terms of this AGREEMENT, the grossly negligent or urtentional misconduct of the County, its elected officials, officers, agents or employees. This clause shall survive this AGE and shall in no way be construed to require City of Meridian to indemnify, defend and hold harmless the County in the instance that the City brings legal action to enforce the terms of this A AGE -IMPACT FEES PAGE 3 OF 6 • I. Ti~',RM [)F AciRFF.MF,NT_ This AGR:I;EMENT shall commence as ofthe date and yeaz first above written and shall be effective upon adoption by the County and City of Meridian of a new City of Meridian Area of City Impact Agreement which incorporates this AGREEMENT by reference. Either party may seek renegotiation of any provision of this A at a~ time pursuant to §67-6526, Idaho Code. 1. The parties hereto agree to adopt, pursuant to the procedural requirements of the Local Planning Act amendments to their respective City of Meridian Area of City Impact Ordinances regazding the sections entitled APPLICABLE PLAN POLICIES AND ORDINANCES (Ada County Code 9-4-3 and Meridian City Code 10-7-1 through 18 of the Meridian City Code, known also as the City of Meridian Impact Fee Ordinance, and as amended by Ordinance 43=1Q~4 on November 12, 2003), shall be applicable within the Meridian City Area of City Impact). Those amendments shall provide for the (i) applicability of the City of Meridian Impact Fee Ordinarnce adopted by City of Meridian and effective as of ,and by the adoption of the Parks Plan, Resolution No. 03-409, and approved August 26, 2003, within the City of Meridian Area of City Impact; and (ii) adoption of this A by reference. 2. It is further acknowledged and agreed that City of Meridian has adhered to the notice and hearing provisions of Idaho Code 67,8206 in the consideration and adoption of the Pazk Plan and the City of Meridian Impact Fee Ordinance which both include "service azeas" referred to as "pazk planning subareas" which extend to City of Meridian Area of City Impact boundary. Adoption and implementation of this AGREEMENT by the parties hereto shall constitute an agreement pursuant to the provisions of Idaho Cade 67,8203 (26), defining by "intergovemur-ental agreement those geographic azeas in which specific public facilities (pazks) provide service to development within the areas defined, on the basis of sound planning or engineering principles or both." The County, therefore, agrees to impose the provisions of the City of Meridicn Imparct Fee Ordinance in the City of Meridian Area of City Impact, pursuant to the terms and conditions of this A K, T1MIC ~~ nF Trfri, F,~CF.N(:F,_ The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof and that the failure to timely perform any of the obligations hereunder shall constitute a breach hereof and a default under this AGREEMM)E,NT by the parties so failing to perform. L. RiNDiN(: TTP()N 4iTC"CT.CC(~RC_ Except to the extent specifically set forth, this AGR;I3EMENT shall be binding upon and inure to the benefit of the parties' respective successors, assigns, and representatives. M. CF,VF;RARIT.TTY_ In the event any provision or section of this AGR;E;I:MENT conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. N. mANn T,Aw_ This AGE shall be construed and governed in accordance with the laws of the State of Idaho. AGREEMENT - Il~Il'ACT FEES PAGE40F6 • • O. xF;Anrtv(:c- Headings preceding the text of the several Articles and Sections hereo; and the table of contents, are solely for convenience or reference and shall not constitute a part of this AGREEMENT or affect its meaning, construction, or effect. p. PRn('F,SS RF,nTTTRF,D FnR APPRnVAT,_ This AGREEMENT sha11 not become effective or binding until approved by City of Meridian and the County, which approval shall not be deemed granted until such time as both parties have complied fully with the notice and hearing provisions of the Local Planning Act and the Development Impact Fee Act for the purpose of legal and binding adoption of the Comprehensive Plan Amendments and the City of Meridian Imp~arct Fee Ordinance herein contemplated, as well as the procedural requirements of the City of Meridian/Ada. County Referral Agreement for the purpose of amending the City of Meridian Area of City Impact Agreement (Ada County Code 9-4-3 and Meridian City Code 10-7-13) as herein contemplated. IN WITNESS WHEREOF, the parties hereunto caused this AGREEMENT to be executed as of the day and year first above written. Board of Ada County Commissioners By: By: By: ATTEST: J. David Navarro, Ada. County Clerk AGREEMENT - IlVIPACT FEES Judy Peavey-Derr, Chairman Fred Tilman, Commissioner Rick Yzaguirre, Commissioner PAGE 5 OF 6 • • City of Meridian By: Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., Meridian City Clerk Z:\Wotk\M\M~idian\Mai~an 15360M\Padcs\Ag~aem~s\114eridianPa~klmpadFceuAreaofLnpaclwilhCilyC~iy 04 30 04.doc AGREEMENT - IlVIPACT FEES PAGE6OF6 • t CITY HALL MAYOR w._ ~ >s (208) 888-4433 _ Fax 887-4813 Tammy de Weeni CITY OF ~~~' - PUBLIC WORKS CITY COUNCIL MEMBERS 1 -^~ .,,_ yZ BUILDING DEPARTMENT Keith Bird ~~j ~j )~j/J ' /" ~~ (Z0~ 887-2211 ^- Fas 898-9551 William L.M. Nary ~ `1 LEGAL DEPARTMENT Shaun Wardle ~~~ IDAHO /~ (2pg) 466_9272 ^- FAX466-4405 Charles M. Rountree ; V July 13, 2004 Mr. Ag Yewer, Deputy Prosecuting Attorney Ada County Courthouse 200 W. Front Street, Room 3191 Boise, Idaho 83702 Dear Ag: Thank you for your letter dated June 16, 2004. I have reviewed the proposed amendment to our Area of City Impact Agreement (Ada County Code 9-4-3). The amendments you have proposed appear to address our concerns regarding the serviceability requirement. We had also discussed the issue of requiring an approval letter from the City Engineer before final plat approval. This would give the Citp an opportunity to make sure that there is an irrevocable consent to annexation on the final plat. I would like to add this requirement to Section 9-4-3 as well. Finally, we adopted park impact fees shortly after we submitted our last Area of City Impact Agreement to the County. I have worked with our City Attorney and Parks Director to develop an agreement for the collection of park impact fees. I have attached a draft of that document for your review We would like to process the agreement and the ordinance changes concurrently. We propose the following additional paragraphs to Section 9-4-3 and Section 9-4-4 respectively: 9-4-3F. All final plat applications within the area of impact shall require prior to County Surveyor si4nature. a letter of approval from the City of Meridian $-4-3G. Title 10. Chapter 7 of the Meridian City Code known also as the Meridian City Impact Fee Ordinance. and as amended by Ordinance 03-1059 on November 12 2003 shall be applicable within the Meridian City Area of City Impact 9-4-4 C(4) Development of parks by the City of Meridian within the Meridian Area of Citv Impact shall be subject to the provisions of the agreement for the collection of City of Mendian Park Impact Fees for development in the Meridian Area of Citv Impact aanrement __ .dated 2004 which is hereby adopted by Ada County and made a part hereof by this reference. • - 2 - September 1, 2004 I look forward to discussing these issues with you further. Please call me at 884-5533 or email me at canninga@meridiancityorg Sincerely, Anna Borchers Canning, AICP City of Meridian Planning Director • CITY OF MERIDIAN /ADA COUNTY COMMISSIONERS SPECIAL JOINT WORKSHOP /MEETING AGENDA WEDNESDAY, SEPTEMBER 1, 2004 -1:30 P.M. ADA COUNTY COURT HOUSE BUILDING ADA COUNTY COMMISSIONERS CONFERENCE ROOM 3RD FLOOR 200 WEST FLOOR STREET BOISE, IDAHO 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd Judy Peavey-Derr Fred Tilman Rick Yzaquirre 2. Discussion of Space Needs and Timing for Future Expecations for Site Locations with the City Hall Building Project: Page 1 of 1 Meridian City Council / Ada County Commissioner Special point Workshop tMeeting -September 1, 2004 All materials presented at public meeting shall becane property of the City of Meridian. Anyone desiring accommodations for disabilfties related to documents and / or hearings, please contact the Ada County Commissioners Office at 287-7000 at least 48 hours prior to the public meeting. ,~ aTY or- ~ ~ D x ~ '~ . _. ,:_ ~Yl~lcn ~ ~~> i~nNO ,`, ~' ~r~_i,. ~. ~i~ v v,~.~ 1121 _. \.SI I EI- SINCE 7903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin. Road. 888-1234/fax 895-0390 Parks & Recreation 1.1 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 WILLIAM G. BERG, • NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL 8c ADA COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Ada County Commissioners will hold a Special Joint Workshop /Meeting at Ada County Commissioners Conference Room on the 3rd Floor of the Ada County Court House Building, 200 W. Front Street, Boise, Idaho, on Wednesday, September 1, 2004 at 1:30 pm. The Meridian City Council and the Ada County Commissioners will be discussing space needs and timing for future expectations for site locations with the city hall building project. The public is welcome to attend. DATED this 30th day of August, 2004. `~G TFO = SEAL = _~ .~ Q, ~ ,. ~',,; ~~l,aa~~Y , ~ ~~,.. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 crrY ci.ERh-F,~x 888-4218 uusin~~ iiesoui~cra-r,~x 884-8723 nn~,~xcr: ~ uTiEi~rv f3i~Eixc-F,~a 887-4813 ~~~woR's oHhicf:-f~nx 884-8119 • Will Berg From: Peggy Gardner [gardnerp~meridiancity.org] gent: Wednesday, August 04, 20041:42 PM To: Peggy Ganiner; Tammy de Weerd; 'Shaun Wardle ; naryt~meridiancity.o~; crourrtre~itd.state.id.us; rountrec~meridianaty.org; birdronaldkeith(~msn.com; 'Bill Nary' Cc: GaMnerp(~ci.meridian.id.us; bergw~a.meridian.id.us; sicidowas~d.meridian.id.us; 'Anna Canning ; 'C{air Bowman ; mike(~zga.com Subject: RE: Ada County Services/Meridian City Hall Just a reminder -- the Meeting with the County will be held at Ada County Commissioners office. Peggy -----Original Message----- From: Peggy Gardner Sent: Wednesday, August 04, 2004 1:39 PM To: Tammy de Weerd; 'Shaun Wardle'; 'naryb@meridiancity.org'; 'crountre@itd.state.id.us'; 'rountrec@meridiancity.org'; 'birdronaldkeith@msn.com'; 'Bill Nary' Cc: 'Gardnerp@ci,meridian.id.us'; 'bergw@ci.meridian.id.us'; 'siddowas@ci.meridian.id.us'; 'Anna Canning'; 'Clair Bowman'; 'mike@zga.com' Subject: RE: Ada County Services/Meridian City Hall Importance: High The County has changed the meeting to Sept. 1 at 1:30PM. Please check and change your calendar. Let me know ASAP if there is a conflict. Pe9gY -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Tuesday, August 03, 2004 3:28 PM To: Shaun Wardle; naryb@meridiancity.org; crountre@itd.state.id.us; rountrec@meridiancity.org; birdronaldkeith@msn.com; Bill Nary Cc: Gardnerp@ci.meridian.id.us; bergw@ci.meridian.id.us; siddowas@ci.meridian.id.us; Anna Canning; Clair Bowman; mike@zga.com Subject: FW: Ada County Services/Meridian City Hall The meeting has been set with the Ada County Commissioners to discuss their space needs and timing for Tuesday, August 31 at 2:00. We will do it at their place this time. It is important to have an understanding of what their expectations are as we move fprward with the city hall project and looking at site locations. If we need to add anything else to the discussion list, please let me know. (Peggy, please copy this for Keith - I keep getting emails sent to him back) Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208} 888-4218 fax i • -----Original Message----- From: Peggy Gardner Sent: Tuesday, August 03, 2004 3:06 PM To; Tammy de Weerd Subject: RE: Ada County Services/Meridian City Hall The meeting has been set for 8/31. Will include Commissioners and Robert McQuade Dave Logan. Peggy -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Saturday, July 24, 2004 2:39 PM To: Gardnerp@ci.meridian.id.us Subject: FW: Ada County Services/Meridian City Hall Can you please work with the Ada County Commissioners secretary to schedule a time to meet to discuss the new city hall, county partnership and space needs and the timing of those space needs. Thanks - this is high priority. Tammy de Weerd, Mayor City of Meridian www.meridiancity.org {208) 888-4433 ext. 204 {208) 888-4218 fax -----Original Message----- From: Cathy Sewell [mailto:cros@zga.com] Sent: Tuesday, April 20, 2004 7;27 AM To: Tammy de Weerd Subject: FW; Ada County Services/Meridian City Hall Tammy Sorry, I typed in the wrong a-mail address for you so you did not receive the message below. Dave Logan at the County informed us that the DMV is the only County service being considered for the City Ha11 project. This makes a significant difference in total square footage for the project and will have some impact on the site requirements. I know there is a site selection meeting tomorrow, I will try and get some preliminary information from the DMV as to what their needs may be and how that may impact the overall site requirements. 2 • Thanks. Cathy From; Cathy Sewell Sent: Tuesday, April 20, 2004 7:18 AM To: 'davel@adaweb.net' Cc: Mike Simmonds; 'deweerd@meridiancity.org' Subject: Ada County Services/Meridian City Hall Dave • Per our telephone conversation yesterday it is our understanding that the only County service being considered for inclusion in the City of Meridian City Hall project is the Department of Motor Vehicles(DMV). All other previously discussed services - Emergency Medical Services, Sheriff, Magistrate Court, Juvenile Detention are no longer being considered, Per the programming information you provided us the square footage requirement for the DMV is approximately 5,OOOsf. Eileen Orcutt(DMV) has contacted me and I will be setting up a meeting to discuss the department's specific needs. Thanks. Cathy ** TX CONFIRMA~ON REPORT ** AS OF AUG 31 '04 13 16 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 26 08131 13 15 2082877009 MODE MINiSEC PGS CMD# STATUS EC--S 00'36" 002 123 OK t s'" .. ,.v ~, r, fry~~ . :~ ~~_: ~ Mme. ~ri~i~-n ~~ ~~ In,v-Ir, :. y'ry ' " 1'~ ~_.;t1.r V ~•»~ 1'91 MAYOF 'Tammy da Weprd CITY (:C1UN('il, MFMx17R$ William 1.. M. Nary Keith Bird Char)es M. Rounhee Shaun Wardle Cl'CY DHYAIt'1'MYN'1S Fire 54U E. 1'ranl<lin ltaad KKK-1234 f (ar Z395-0390 Parka c~ UeCtt'atiun 11 1?. Hawt;r Street KKK-3579 / (ax R9K-55(?1 Punning & Zoning 660 E, Watertower Lane Suite 202 33~k-5532/fax 333-bS54 )'arcs ]401 L. Watcrtowrr Lane KKK-667K / (ex K46-7366 Public Works 660 L. Watertuwrr Lanr Suitt` 20U K9K-550(1/fix K9K-9551 - Building 660 &. Wateltawrr I_at,e Suite 1SU 887-2211 /fax 837-1297 - Sewer (WWTP) 3401 N. Ten Mile Raad 888-2191/fax 384-0744 - Watt:r 2235 N. W. 8th Street 383-5242/fax 384-1159 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL ADA COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the Ciry of Meridian and the Ada County Commissioners will hold a Special Joint Workshop /Meeting at Ada County Commissioners Conference Room on the 3rd Floor of the Ada County Court House Building, 200 W- Front Street, Boise, Idaho, on Wednesday, September 1, 2004 at 1:30 pm. The Meridian City Council and the Ada County Cvmmissioners will be discussing space needs and timing for future expectations for site locations with the city hall building project. The public is welcome to attend. DATED this 30th day of August, 2004- WILLIAM G. BERG, `,tit, t ~ l+ to u u r yr~~~ o°~~~'t Cam' ~Rt~~q'~~~~''-. ~~ SEAL '~ ', -9 ~P ~. (:I'I Y HALL :i:i EnST IDnH~ AVENUE MERIDIAN, IDAHO 83642 1208- 1388-4433 C;I'I'1' f;LERK-Pit\ t18K•,}21t3 HUMAN RESOURCES-I~A~ 884••872:? I~tNnN(;l•. ~ ts•tu.rrv au.I.1NC-~t>; K87.4813 hIAS'UIi~S UIt1~IC1;-14t\ Rli4•lil ly ** TX C~MATION REPORT >K* AS OF AUG 31 '04 ~ PAGE.01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIWSEC PGS CMD# STATUS 06 08/31 12=47 3810160 EC-S 00'37" 001 121 OK 07 08/31 12 48 PUBLIC IJORKS EC--S 00'27" 001 121 OK 08 08/31 12x49 12084664405 EC--S 00'27" 001 121 OK 09 08/31 1250 8841159 EC--S 00'27" 001 121 OK 10 08/31 12.51 2088840744 EC-S 00'27" 001 121 OK 11 08/31 1252 POLICE DEPT EC--S 00'26" 001 121 OK 12 08/31 12 54 8985501 EC--S 00'25^ 001 121 OK 13 08/31 12 54 LIBRARY EC--S 00'31" 001 121 OK 14 08/31 12 55 92083776449 EC--S 00'25" 001 121 OK 15 08/31 12 56 208 388 6924 EC--S 00'31" 001 121 OK 16 08/31 12 57 2088886854 EC--S 00'26" 001 121 OK 17 08/31 1258 208 895 0390 EC--S 00'26" 001 121 OK 18 08/31 12 59 128300040 G3--S 00'31" 001 121 OK 19 08/31 1300 208 387 6393 EC-S 00'25" 001 121 OK 20 08/31 13 01 RDR CTY DEUELMT EC--S 00'26" 001 121 OK 21 08/31 13.02 8885052 EC--S 00'26" 001 121 OK 22 08/31 13 03 CHERRY LANE G3--S 00'43" 001 121 OK 23 08/31 1305 I DRHO ATHLET I C C EC-S 00'25" 001 121 OK 24 08/31 1306 I D PRESS TRIBUNE EC--S 00' 26" 001 121 OK 25 08/31 13 10 2088886701 EC--S 00'26^ 001 121 OK ~ p ~* t:nv <)p k~~ iu.~HCI MAYUR Tammy do Wend CnY COUNCIL McMaeles NOTICE OF SPECIAL JOINT WORKSHOP /MEETING William L. M. Naty Keith Bird Charles M. Rountree Shaun Wardle MERIDIAN CITY COUNCIL 8~ CORY Darn RTMnNrs ADA COUNTY COMMISSIONERS l~i~ 540 E. Franklin Itoud 888-1234/Eax a95-0990 NOTICE IS HEREBY GIVEN that the City Council of the City of Parks do Fecrcation 11 E. Bower Street 88 7 Meridian and the Ada County Commissioners will hold a Special Joint 8-35 9/fax 898-5501 Planning &Lnninl; Workshop /Meeting at Ada County Commissioners Conference Room on 6fi0 k.. Waterlower Lana Suite zoz 884 S the 3rd Floor Of the Ada County Court House Building 200 W Front - S33/fax 888-6854 , . Police Street, Boise, Idaho, on Wednesday, September ~, 2004 at 1:30 pm. The 1401 E. walcrtower T,ane 588.6678(fax 84aa366 Meridian City Councl and the Ada County Commissioners will be Public Wurk~ 660 E. Watertown Lane discussing space needs and timing for future expectations for site Suite 200 e9a-ssoo/Eax a9a.9ss1 locations with the city hall building project. BuilrlinK 660 E. watertvwer Lane The public is welcome to attend. Suite 150 667-2211 l Eax N87-7297 - Sewer(WWTP) 3401 N. Ten Mile P~oad aae-2191 /faX 884-074.4 ,~,,p11H11Igyl ' OF ~p l~' ~~ • woter 2235 N W DATED this 30th day Of August, 2004. ~` ~(y ~~ ~~ ~ ~' `~~~~ ~ , . 8th Straet t `,~G 898-5242/Eex 8H4.1159 - 3FAL ~~ y `~ WILLIAM G. BERG, ; a ~F~If` ~p , ~O (:1TY HALL 33 ' ' ' EAST IDAHO AVENUE MERIDIAN, IDAHU 83642 (2U8- 888-4433 (:I 1 1 CLGNF-F.\X atSS•.~iIN nu xisn Rrnunpa6-rnx x84.8723 FINnNCE R U'liLiY1' BiLLinC-hIS 887.4Hf3 nldPUp'S UFiICG-Fl\ A84•RIlO `~~ ~ ~~.; CITY OF ~4tl ~'`~~ ~ ~) ,,~~' (~• ~_~~/(~YlG~1~YI ~~, IDAHO ~~~ i %. r' ~!. ~.~, ' u rho 71u;.~sirl.. V ~~~~:~ SINCE X1903 1VIAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/fax 884-1159 NOTICE OF SPECIAL JOINT WORKSHOP /MEETING MERIDIAN CITY COUNCIL $c ADA COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Ada County Commissioners will hold a Special Joint Workshop /Meeting at Ada County Commissioners Conference Room on the 3rd Floor of the Ada County Court House Building, 200 W. Front Street, Boise, Idaho, on Wednesday, September 1, 2004 at 1:30 pm. The Meridian City Council and the Ada County Commissioners will be discussing space needs and timing for future expectations for site locations with the city hall building project. The public is welcome to attend. DATED this 30th day of August, 2004. WILLIAM G. BERG, ~~~~µ~',~IIn tu4j~~, ~~~ OF M~, ~~i ~~~ Fa - SEAL _~ ~ CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CI'I'1' CLERK-E\X 888-4218 HUMAN RESOURCES-E\X 884-8723 FINANCE & U7'ILITl' BILLING-FAx 887-4813 `IAti"ORBS OFFICE-FAQ 884.8119 • • Will Berg From: Peggy Gardner [gaRinerp(d~meridiancity.ong] Sent: Wednesday, August 04, 20041:39 PM To: Tammy de Weercl; 'Shaun Wardle'; naryb~meridiancity.ong; crountn~itd.state.id.us; rouMrec(cl7meridiancity.org; birdronaldkeith~msn.com; 'Bill Nary' Cc; Gardne~a.meridian.id.us; bengw~ci.meridian.id.us; siddawas~a.meridian.id.us; 'Anna Canning'; 'Clair Bowman ; miker~zga.com Subject: RE: Ada Courrty Services/Meridian City Hall knportance: High Follow Up Flag: Review Due By: Tuesday, August 31,200412:00 AM Flag Status: Flagged The County has changed the meeting to Sept. 1 at I:30PM. Please check and change your calendar. Let me know ASAP if there is a conflict. Peggy -----Original Message------ From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Tuesday, August 03, 2004 3:28 PM To: Shaun Wardle; naryb@meridiancity.org; crountre@itd.state.id.us; rountrec@meridianeity.org; birdronaldkeith@msn.com; Bill Nary Cc: Gardnerp@ci.meridian.id.us; bergw@ci.meridian.id.us; siddowas@ci.meridian.id.us; Anna Canning; Clair Bowman; mike@zga.com Subject: FW: Ada County Services/Meridian City Hall The meeting has been set with the Ada County Commissioners to discuss their space needs and timing for Tuesday, August 31 at 2:00. We will do it at their place this time. It is important to have an understanding of what their expectations are as we move forward with the city hall project and looking at site locations. If we need to add anything else to the discussion list, please let me know. (Peggy, please copy this for Keith - I keep getting emails sent to him back) Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 {208) 888-4218 fax -----Original Message------ From: Peggy Gardner Sent: Tuesday, August 03, 2004 3:06 PM To: Tammy de Weerd Subject: RE: Ada County Services/Meridian City Hall 1 • • The meeting has been set for 8/31. Will include Commissioners and Robert McQuade Dave Logan. Peggy ------Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Saturday, July 24, 2004 2:39 PM To: Gardnerp@ci.meridian.id.us Subject: FW: Ada County Services/Meridian City Hall Can you please work with the Ada County Commissioners secretary to schedule a time to meet to discuss the new city hall, county partnership and space needs and the timing of those space needs. Thanks - this is high priority. Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (20$) 888-4433 ext. 204 (208) 888-4218 fax -----Original Message----- From: Cathy Sewell [mailto:cros@zga.com] Sent: Tuesday, April Z0, 2004 7:27 AM To: Tammy de Weerd Subject: FW: Ada County Services/Meridian Gity Hall Tammy Sorry, I typed in the wrong a-mail address for you so you did not receive the message below. Dave Logan at the County informed us that the DMV is the only County service being considered for the City Hall project. This makes a significant difference in total square footage for the project and will have some impact on the site requirements. I know there is a site selection meeting tomorrow, I will try and get some preliminary information from the DMV as to what their needs may be and how that may impact the overall site requirements. Thanks. Cathy From: Cathy Sewell 2 Sent: Tuesday, April 20, 2004`7:18 AM To: 'davel@adaweb.net' Cc: Mike Simmonds; 'deweerd@meridiancity.org' Subject: Ada County Services/Meridian City Hall Dave Per our telephone conversation yesterday it is our understanding that the only County service being considered for inclusion in the City of Meridian City Hall project is the Department of Motor Vehicles(DMV). All other previously discussed services - Emergency Medical Services, Sheriff, Magistrate Court, Juvenile Detention are no longer being considered. per the programming information you prgvided us the square footage requirement for the DMV is approximately 5,OOOsf. Eileen Orcutt(DMV) has contacted me and I will be setting up a meeting to discuss the department's specific needs. Thanks. Cathy