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Home My WebLink About2004-07-06• ~ ~~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Shay Christensen 3. Community Invocation by Joe Anderson, with Cole Community Church: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: Approve A. Approve Minutes of June 1, 2004 Pre-Council Meeting: Approve B. Approve Minutes of June 8, 2004 Pre-Council Meeting: Approve C. Approve Minutes of June 15, 2004 Pre-Council Meeting: Approve D. Approve Minutes of June 15, 2004 City Council Regular Meeting: Approve E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Magic View Court by Larry Hellhake - 2855 Magic View Drive: Approve F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: Approve Meridian City Council Agenda -July 6, 2004 Page 1 of 6 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. • • G. Findings of Fact and Conclusions of Law for Approval: PP 04- 009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: Approve H. Findings of Fact and Conclusions of Law for Approval: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No. 4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: Approve I. Findings of Fact and Conclusions of Law for Approval: PFP 04-005 Request for Preliminary Final Plat approval for the re- subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects -east of South Eagle Road on the south side of East Copperpoint Drive: Approve J. Findings of Fact and Conclusions of Law for Approval: MI 04- 002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman -west of North Cloverdale Road and north of East Fairview Avenue: Approve K. Findings of Fact and Conclusions of Law for Approval: CUP 04-010 Request for a Conditional Use Permit fora 100-foot monopole communications tower in a C-G zone for T-Mobile by T- Mobile /Terry Cox -southeast corner of East Overland Road and South Eagle Road: Approve L. Findings of Fact and Conclusions of Law for Approval: PP 04- 010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC -east of South Locust Grove Road and south of East Overland Road: Approve M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: Approve Meridian City Council Agenda -July 6, 2004 Page 2 of 6 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. • N. Temporary Easement Improvement Project, Approve C~ Contract for the 2004 Waterline Eagle Road Waterline Extension: O. Leadership Scan Contract with AspireOn: Approve 6. P. License Agreement for Centennial Park Parking Maintenance: Approve Q. Approve Beer and Wine License for Andrades Restaurant - 2031 East Fairview Avenue: Approve R. Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC: Approve S. Water System Improvements -Linder Road (Overland and I- 84): Approve T. Approve Bills: Approve U. WWTP Recoating Clarifiers #1 and 2: Approve V. Emergency Response Plan (ERP) - Contract with HDR: Approve Department Reports: A. Parks Department -Doug Strong 1. Land Lease Agreement with Ken Hamilton: Prepare Lease B. Water Department -Rick Clinton 1. Cross Connection Control Program: Presented C. Police Department -Chief Musser 1. Lease Agreement with Probation and Parole for office space in the Police Department: Proceed on New Agreement 2. Discussion regarding "Jake Brake" Ordinance: Presented D. Public Works -Brad Watson Meridian City Council Agenda -July 6, 2004 Page 3 of 6 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. 1. North Sewer Study -Approve Agreement with JUB $8,000.00 7. (Items Moved from Consent Agenda) Nothing 8. FP 04-036 Request for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres in an R-8 zone for Cobblefield Crossings Subdivision No. 2 by Initial Point, LLC -east of North Linder Road and south of West McMillan Road: Approve 9. FP 04-037 Request for Final Plat approval of 51 residential building lots and 3 other lots on 47.67 acres in an R-4 zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC -west of North Linder and south of West Chinden Boulevard: Approve 10. FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC -south of West Ustick Road and west of North Black Cat Road: Table to July 20, 2004 Meeting 11. FP 04-039 Request for Final Plat approval of 51 single-family residential building lots and 6 common lots on 17.62 acres in a R-4 zone for Glacier Springs Subdivision by Tuscany Development, LLC -north of East Victory Road and east of South Meridian Road: Approve 12. FP 04-040 Request for Final Plat approval for 5 building lots on 2.064 acres in a L-O zone for Buich Subdivision by Pinnacle-Engineers, Inc. - 2150 West Cherry Lane: Approve 13. Continued Public Hearing from June 1, 2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: Continue Public Hearing to August 24, 2004 Meeting 14. Continued Public Hearing from June 8, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 15. Continued Public Hearing from June 8, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. -northeast corner of East Victory Road and Meridian City Council Agenda -July 6, 2004 Page 4 of 6 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. • • South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 16. Continued Public Hearing from June 8, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station /convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 17. Continued Public Hearing from June 22, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. -south of West McMillan Road and east of North Linder Road: Continue to July 20, 2004 Meeting 18. Public Hearing: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew 19. Public Hearing: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew 20. Public Hearing: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew 21. Public Hearing: RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: PP 04-016 Request for Preliminary Plat approval for 46 building lots and 1 common lot on 10.69 acres in proposed R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for approval 23. Public Hearing: CUP 04-013 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot Meridian City Council Agenda -July 6, 2004 Page 5 of 6 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. • area, street side setbacks and minimum street frontage for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No. 5 by Capital Development /Capital Homes - 1127 W. Great Basin Drive: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 25. Water, Sewer, & Trash Delinquencies: Approve 26. Ordinance No. 04-1084 AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Jaydan Village Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Approve 27. Ordinance No. 04-1085 RZ 04-002 Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development -east of North Linder Road and south of West Pine Avenue: Approve 28. Ordinance No. 04-1086 AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zones for proposed Southstone Subdivision by Pinnacle Engineers, Inc. -northeast corner of South Eagle Road and East Girdner Lane: Approve 29. Ordinance No. 04-1087 AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Cannon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: Approve 30. Executive Session per Idaho State Code 67-2345 (1)(f): No Decision Meridian City Council Agenda -July 6, 2004 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle -~~ Bill Nary Charlie Rountree Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: c~'h~c ~ Chi. r7 ~--sT-- 3. Community Invocation by Joe Anderson, wig Cole Community Church: ~-Y-e s-~>.~>~rr~-- 4. Adoption of the Agenda: ~~;~~ ~e ~-f ti- ~L do ~ 5. Consent Agenda: ~~w~- A. Approve Minutes of June 1, 2004 Pre-Council Meeting: ~~ B. Approve Minutes of June 8, 2004 Pre-Council Meeting: ~~'~~- C. Approve Minutes of June 15, 2004 Pre-Council Meeting: -~~- D. Approve Minutes of June 15, 2004 City Council Regular Meeting: ~j E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Magic View Court by Lany Hellhake - 2855 Magic View Drive: c~o~v~. F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 006 Request for a Rezone of 16.1 acxes from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: a~ ~ G. Findings of Fact and Conclusions of Law for Approval: PP 04- 009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Meridian City Council Agenda -July 6, 2004 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Arryone desiring accommodation for disabilities reLrted to dowmen<s and/or hearing please corrtad the Ciiy Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Farm, Inc. -east of South Eagle Road and north of east Victory Road: ~~~~ H. Findings of Fact and Conclusions of Law for Approval: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No. 4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: ~~- I. Findings of Fact and Conclusions of Law for Approval: PFP 04-005 Request for Preliminary Final Plat approval for the re- subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects -east of South Eagle Road on the south side of East Copperpoint Drive: ~~ ~^~- J. Findings of Fact and Conclusions of Law for Approval: MI 04- 002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman -west of North Cloverdale Road and north of East Fairview Avenue: o~j-.-~-~~- K. Findings of Fact and Conclusions of Law for Approval: CUP 04-010 Request for a Conditional Use Permit fora 100 foot monopole communications tower in a C-G zone for T-Mobile by T- Mobile / Teny Cox -southeast comer of East Overland Road and South Eagle Road: wry~~- L. Findings of Fact and Conclusions of Law for Approval: PP 04- 010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC -east of South Locust Grove Road and south of East Overland Road: wj~~- M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saouaro Canvon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: ~~'~`` N. Temporary Easement Contract for tl~e 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: ~°„`'`- O. Leadership Scan Contract with AspireOn: ~~ ~- Meridian City Council Agenda -July 6, 2004 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian Anyone desiring accommodation for disabilities related to documents and/or heating please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting i • P. License Agreement for Centennial Park Parking Maintenance: ~~~ "'~ Q. Approve Beer and Wine License for Andrades Restaurant - 2031 East Fairview Avenue: G~~3Yw-~/ R. Public Pathwav Easement for Highgate Subdivision by Eagle Springs Investments, LLC: u~ ~- S. Water Svstem Improvements -Linder Road (Overland and I- 84): ~~~~v~ T. Approve Bills: ~ ~- U. WWTP Recoating Clarifiers #1 and 2: ~~a,~tn.e._ V. Emergency Resaonse Plan (ERP) -Contract with HDR: ~~~~ 6. Department Reports: A. Parks Department -Doug Strong 1. Land Lease Agreement with Ken Hamilton: /yr'c~a~ .ecuw B. Water Department -Rick Clinton 1. Cross Connection Control Program: ~~eJ~-•~-~~- C. Police Department -Chief Musser 1. Lease As~reement with Probation and Parole for office space in the Police Department: /~c~~ o>.~ h.ew ~~rceh.-e~-~-- 2. Discussion regarding "Jake Brake" Ordinance: ~~e~ 7. (Items Moved from Consent Agenda) w~~-,.o~c ~~-rt~•><e..~- ~, 8. FP 04-036 Request for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres in an R-8 zone for Cobblefield Crossing Subdivision No. 2 by Initial Point, LLC -east of North Linder Road and south of West McMillan Road: ~pja,~-p~ 9. FP 04-037 Request for Final Plat approval of 51 residential building lots and 3 other lots on 47.67 acres in an R-4 zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC -west of North Linder and south of West Chinden Boulevard: ~ v~ Meridian City Council Agenda -July 6, 2004 Page 3 of 6 All materials presented at public medings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meting ~ ~ 10. FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC -south of West Ustick Road and west of North Black Cat Road:. y~ ~„ ~ Zo L.~ 1~0 ~ 11. FP 04-039 Request for Final Plat approval of 51 single-family residential building lots and 6 common lots on 17.62 acres in a R-4 zone for Glacier Springs Subdivision by Tuscany Development, LLC -north of East Victory Road and east of South Meridian Road: ~~ ~-~- 12. FP 04-040 Request for Final Plat approval for 5 building lots on 2.064 acres in a L-O zone for Buich Subdivision by Pinnade-Engineers, Inc. - 2150 West Cherry Lane: u.~-y-d ~,.c~ 13. Continued Public Hearing from June 1, 2004: Trunk Line Water Sz Sewer Assessment, Connection and Miscellaneous Fee Proposal: CB-yL ~i h ~ '~l~ f~ 8`~ ~~¢ 14. Continued Public Hearing from June 8, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussel) Corner Subdivision by Pinnade Engineers, Inc. - northeast comer of East Victo~ Road and South Meridian Kuna Highway: 15. Continued public Hearing from June 8, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussel) Comer Subdivision by Pinnade Engineers, Inc. -northeast comer of East Victory Road and South Meridian Kuna Highway: ~z~~}~v'-~c~ ~-,v Jvne~r~e, f'r~ s ~~~-~ ~- ~'Irw v~-~- 16. Continued Public Hearing from June 8, 2004: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station /convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussel) Corner Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: 17. Continued Public Hearing from June 22, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. -south of West McMillan Road and east of North Linder Road: 18. Public Hearing: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew - dk- Meridian City Council Agenda -July 6, 2004 Page 4 of 6 All materials preseirted at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to docume~s and/or hearing please co~dad the City Clerk's Office at 888-4433 at least 48 hours prior to the public mewing. • 19. Public Hearing: PP 04-011 Request for Preliminary Plat approval of 42 single family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larksaur Subdivision by Larkspur LLC/Ron_ Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew ' nw 20. Public Hearing: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larksaur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew - a1z 21. Public Hearing: RZ 04-007 Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC -1450 and 1460 North Ten Mile Road: 22. Public Hearing: pP 04-016 Request for Preliminary Plat approval for 46 building lots and 1 common lot on 10.69 acres in proposed R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC -1450 and 1460 North Ten Mile Road: ~G7~'rrc~ tm~~/~e~''G ~~lF 4 c/-C ~ ~~py~v~-t. 23. Public Hearing: CUP 04-013 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot area, street side setbacks and minimum street frontage for Tiburon Meadows Subdivision by Tiburon Meadows, LLC -1450 and 1460 North Ten Mile Road: ~~, 24. Public Hearing: VAR 04-004 Request to allow a reduction from the required 5 foot interior side lot line setback to 4 foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No. 5 by Capital Development (Capital Homes -1127 W. rest Basin Drive: 25. Water, Sewer, & Trash Delinquencies: ~~v.~ 26. Ordinance No. ~ ~ _ l ® ~ ~ AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Javdan Village Subdivision by Packard Estates, LLC -5325 West Ustick Road: wnp~ Y~~^e-. 27. Ordinance No. ~~T ~ ~~ B 5 RZ 04-002 Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development -east of North Linder Road and south of West Pine Avenue: ai~/~ ~'~ 28. Ordinance No. d ~ ~ ~ ~ `` ~ AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zones for proposed Meridian City Council Agenda -July 6, 2004 Page 5 of 6 All materials presented at public meetings shall become properly of the City of Meridian. Arryone desiring accommodation for disabilities related to docume~s and/or hearing please cordad the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Southstone Subdivision by Pinnacle Engineers, Inc. -northeast corner of South Eagle Roadra~nd East Girdner Lane: u~vK 29. Ordinance No. ©`7 - ~©~ ~ AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: ~`~~rowc- 30. Executive Session per Idaho State Code 67-2345 (1 K~: ~t ~ c~ec:~; v,-~ Meridian City Council Agenda -July 6, 2004 Page 6 of 6 All materials preserved at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please cotrtad fhe City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting July 6, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, July 6, 2004, by Council President Bill Nary. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, and Shaun Wardle. Members Absent: Charlie Rountree. Others Present: Bill Nichols, Will Berg, Brad Watson, Bill Musser, Kenny Bowers, Brad Hawkins-Clark, Doug Strong, Rick Clinton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle O Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the City Council regular meeting to order. It is Tuesday, July 6. It's 7:00 p.m. and we will begin with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Okay. The second item on our agenda is the pledge of allegiance and Shay Christensen will lead us in the pledge. Item 3: Community Invocation by Joe Anderson, with Cole Community Church: De Weerd: Thank you, Shay. In fact, I have, a pin for you. Thank you. Okay. Item No. 3 is the community invocation by Joe Anderson with Cole Community Church. Joe, if you will just join us at the podium there. Or you could even use the mike there if you would like. Your choice. Anderson: Let's pray. Psalms 19. The heavens declare the glory of God. The skies proclaim the work of his hands. Day after day they pour forth speech. Night after night they display knowledge. There is no speech or language where their voice is not heard. This night we lift you up to the highest place and proclaim you as Lord of all. May you show us your will for our lives, our families, our community, our City of Meridian, Idaho, the United States, and our world. Advance your kingdom here on earth, a kingdom of righteous living, love for our neighbors and integrity based on the truth of your word. We have many needs, Father, but none so great as the safety and care of our troops abroad. Protect these men and women who look evil in the face and persevere to fight for our justice and freedom. We pause for a moment of silence to lift up our soldiers Meridian City Council • • July 6, 2004 Page 2 of 62 and their families into your lands for care and protection. Lord, protect also our local fire, emergency, and police personnel who work hard to keep us, our families, and our property safe. I claim Psalms 91. Surely he will save you from the fowler's snare, from the deadly pestilence. He will cover you with his feathers and under his wings you will find refuge. His faithfulness will be your shield and rampart. You will not fear. Now, Father, I thank you for the leaders you have provided us here in Meridian, Mayor de Weerd, the Members of the City Council, the other city leads and staff and the many community leaders who help make our city a caring and prosperous place. Give our leaders a humble wisdom. Keep their hearts pure. Carry their many burdens as they lay them at your feet and continually teach them to serve us well as they lead. Bless these proceedings. May our words, thoughts, and hearts honor you. Psalm 27. Some trust in chariots and some in horses, but we trust in the name of the Lord, our God. Amen. Item 4: Adoption of the Agenda: De Weerd: Joe, I'd like to thank you as well with a pin. Thanks for joining us. Thank you all for joining us here tonight. I just got back into town, so I'm still trying to get back on my Mayor's hat. I have been in Holland and so it's great to be back. We will go onto Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a request for department -- under department reports, Item D, the city engineer Brad Watson would like to discuss the north sewer and we have been requested by CMD, Incorporated, to continue Item 17 until July 20th, 2004, which we can do at -- when that comes forward. And with that I would move that we approve the revised agenda. Nary: Second. De Weerd: It's been moved and seconded to approval the agenda. My goodness, when I leave town you sure make a long agenda. What went on? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 1, 2004 Pre-Council Meeting: B. Approve Minutes of June 8, 2004 Pre-Council Meeting: C. Approve Minutes of June 15, 2004 Pre-Council Meeting: Meridian City Council • • July 6, 2004 Page 3 of 62 D. Approve Minutes of June 15, 2004 City Council Regular Meeting: E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Magic View Court by Larry Hellhake - 2855 Magic View Drive: F. Findings of Fact and Conclusions of Law for Approval: IZZ 04- 006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: G. Findings of Fact and Conclusions of Law for Approval: PP 04- 009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No. 4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: I. Findings of Fact and Conclusions of Law for Approval: PFP 04-005 Request for Preliminary Final Plat approval for the re- subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision by Larson Architects -east of South Eagle Road on the south side of East Copperpoint Drive: J. Findings of Fact and Conclusions of Law for Approval: MI 04- 002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman - west of North Cloverdale Road and north of East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: CUP 04-010 Request fora Conditional Use Permit fora 100-foot monopole communications tower in a C-G zone for T-Mobile by T- Meridian City Council • • July 6, 2004 Page 4 of 62 Mobile /Terry Cox -southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: PP 04- 010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC -east of South Locust Grove Road and south of East Overland Road: M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: N. Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: O. Leadership Scan Contract with AspireOn: P. License Agreement for Centennial Park Parking Maintenance: Q. Approve Beer and Wine License for Andrades Restaurant - 2031 East Fairview Avenue: R. Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC: S. Water System Improvements -Linder Road (Overland and I- 84): T. Approve Bills: U. WWTP Recoating Clarifiers #1 and 2: V. Emergency Response Plan (ERP) -Contract with HDR: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. Meridian City Council • • July 6, 2004 Page 5 of 62 De Weerd: It's been moved and seconded to approve the Consent Agenda. Any further discussion? Mr. Clerk, will you call role. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Parks Department -Doug Strong 1. Land Lease Agreement with Ken Hamilton: De Weerd: Thank you. Okay. Item 6, we will start with Department Reports, the Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. Before you tonight is an agreement with Meridian Speedway. Several weeks ago Councilman Bird brought to my attention that this particular lease agreement had expired and needed to be renewed, so that's why it's before you tonight. Since that time I have requested that our city attorney Mr. Nichols review the agreement to see if there is anything that we need to change and have just a few recommendations that I would like to make and, then, with your guidance proceed with renewing the lease and getting it underway. First recommendation would be to put the lease in more current format for agreements that we are currently using. The second one would be to add some language about who is responsible for any hazardous material spills or oil spills on the site. And, then, third, just keep the length of the lease to a five-year period, renewable -- or with payment annual for the lease and, essentially, keep it the same, unless there is other recommendations by the Council. De Weerd: Council, any questions or comments for Mr. Strong? Bird: I have none, except that it's not with the Meridian Speedway, the lease is with Kenny Hamilton Productions I believe it is. It's Kenny himself. Strong: That's correct. I stand corrected. De Weerd: Any other comments. Mr. Hamilton? Did you have anything you wanted to say? Hamilton: No. De Weerd: No? Okay. Thank you. Bird: Madam Mayor? Meridian City Council July 6, 2004 Page 6 of 62 De Weerd: Mr. Bird. Bird: With that, hearing no more discussion, I'd move that we draw up the lease and get it signed and for a five year period as per Director Strong's direction, I believe, and make sure that both parties are happy with it and get it signed and get it taken care of for five more years. Wardle: If that's a motion, Madam Mayor, I will second it. De Weerd: Okay. It sounded like a motion to me. Bird: That was a motion. De Weerd: Okay. Any discussion? Okay. It's been ordered to go ahead and move forward with the lease as presented. We can put it on the Consent Agenda next week and -- no? Nichols: Madam Mayor? De Weerd: Yes. Nichols: Madam Mayor, Members of the Council, the direction is to prepare a new document, rather than just to simply have a one page extension of the old one -- De Weerd: Okay. Nichols: -- which expired in 1999. I mean the tenant has paid the lease payments during that time, but we need to have an up-to-date agreement, so it will take a couple three weeks to get that ready to go. De Weerd: Okay. And have you been in discussion with Mr. Hamilton, Mr. Nichols or Mr. Strong, on what might be a little bit different in that agreement? To further clarify, was there not a couple of areas that needed further clarification? Strong: Madam Mayor, Members of the Council, I'm not aware of anything beyond what you see here and the addition per recommendation by Mr. Nichols to add some kind of language about who is responsible for any hazardous material clean up or oil spill clean up. De Weerd: I guess once it's prepared and ran by Mr. Hamilton, it can be put on our Consent Agenda to authorize my signature. Nichols: Yes. Strong: Thank you. Meridian City Council • • July 6, 2004 Page 7 of 62 De Weerd: Thank you. So, it will be two or three weeks. Okay. So, the motion is to have the attorney to draw up a land lease agreement and, Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Water Department -Rick Clinton 1. Cross Connection Control Program: De Weerd: Thank you. 6-B is a report from the water department on the cross- connection control program. Watson: Madam Mayor, if I could just briefly introduce this. Our water superintendent Rick Clinton is here tonight to go into a little more detail, but we asked that this be on the agenda immediately before the budget presentations next week, because we are proposing a rather significant change to the cross-connection control program and in order to not dwell on it next week, we could get some information to you early, so you could take a look at that and maybe not be shocked when you saw this rather large enhancement come through next week. So, with that I will just turn it over to Rick and let him give you a brief explanation and I'm sure he will be happy to answer questions. De Weerd: Well, thank you for clearing the way on that one. Clinton: Madam Mayor, Members of the Council, thank you for an opportunity to address this issue with you. I sent out a memo to -- through the city clerk's office regarding this last week, so, basically, what our intent is is that we would like to start testing the cross-connection back flow preventers to an out sourcing and actually assume that testing responsibility. Currently it's the customer's responsibility to test those back flow devices and we are not having real good luck with the process the way it's working right now and I do believe that if we can assume this testing responsibility, we are going to have a lot safer water system. I guess I'm mostly here just to answer questions if you have any. De Weerd: Okay. Council, do you have any questions for Mr. Clinton? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Yeah, I do. Seeings how I have been involved with this on my own place, which that°s the only complaint I had is you get a letter one day and it's due -- in fact, when I got the letter I was supposed to have had the connection checked two or three weeks before. I don't know why -- I don't know why the city has to provide the money for the Meridian City Council • • July 6, 2004 Page 8 of 62 cross -- the back flow crosschecks. The owner should bear that, I believe. If it isn't done, it isn't done in a timely manner -- we need to give them time, we need to let them know ahead of time -- I mean I, you know, didn't realize that I had to have it done at a certain time this time of the year, but, you know, you can always shut off the water. You have got avery -- I mean that's what we do when they don't pay their water bill. So, I have a real problem with the city taking care of all the back flow checks. Clinton: Madam Mayor? De Weerd: Yes, Mr. Clinton. Clinton: Council Members. The view I have taken on this is that I think that right now we don't have a very high percentage -- as high a percentage of testing as I think we should have. We are certainly nowhere near a hundred percent and I guess my view on it is that this is probably similar to the need to test our water for bacteria or anything else. I think this is just a process of providing safe drinking water in my view and I think that we are going to enhance the safety of our water system if we can assume this, because the number of devices that we will have tested annually will be significantly higher than they currently are. The other concern that has been expressed in the past is that a lot of people just don't feel that it's their responsibility, so there is a lot of complaints that have been registered, so this was a method where we could perhaps reduce the customer complaints. De Weerd: Any other questions from Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: One of my questions is is this proposal for the city to take over testing of all of the irrigation back flow devices within the city? Is that what I'm hearing? Clinton: That is correct. Wardle: Both commercial and residential? Clinton: Commercial and residential. Wardle: And what are the current costs for having that test completed right now? Clinton: I don't know if I can answer that accurately where we don't pay the contractor to do those tests. I think it's somewhere around 50 dollars. Is that correct, Councilman Bird? De Weerd: No. Is it that much? Meridian City Council ~ • July 6, 2004 Page 9 of 62 Bird: It's 25 or 30 dollars. Clinton: Okay. Wardle: And afollow-up question. I read in the memo that part of the problem is that currently right now some of those devices are not installed; is that correct? Clinton: That is correct. Wardle: And is this proposal also to install those in all the irrigation systems as well? Clinton: Yes. What we -- what we need to do first is identify through the surveying process where they are non-existent and, then, what we would propose in this is that the owner would be responsible for installing the device, we would, then, in a partnership with them, agree to maintain and test that device once they install it. They would retain ownership of it, but in order for us to get the protection that I think we need of the water system, it seems like this is the best approach to take to insure that we are not going to get irrigation water back into our municipal water system. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I think this is more of a question for Mr. Nichols, but I noted here in the memo from Rick it says provide authority for the city -- for the City of Meridian to perform tests, maintenance, and repairs on the back flow prevention devices. This includes right of entry to access devices on private property. I guess I'm not sure how we are going to pass an ordinance demanding we have access to people's property to test these devices, unless it is incumbent on the homeowner to do it. I don't know how -- we can't pass by ordinance an easement to their property. So, I'm not sure how we can accomplish this very effectively. De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, we can certainly research the issue. It may be that by tying the right to receive water service to the right to go onto the property to inspect the back flow prevention device may be sufficient basis. It's not an easement as such, but a granting of a license, if you will, by the property owner that, okay, I'm going to not have to haul a hose around and in exchange for that I know I have to have this back flow device and I know also that someone's going to be coming onto the property to test it. Nary: Madam Mayor, just to follow up. De Weerd: Uh-huh. Meridian City Council ~ • July 6, 2004 Page 10 of 62 Nary: And that makes sense to me. I think that sort of does fall into what I think you're asking for, Rick, is I think to do that it may make more sense that the property belongs to the city and that's our access to that. Having the water allows us to attach this device to that system to verify that there is no cross-connection occurring and we have to access it to maintain our equipment and tie that into the water fee, rather than into the property owner directly. I mean somehow into the fee, that's part of the fee process, would make some sense to me, because I think you have to tie all those together to actually have the ability to access the device itself. Clinton: Okay. De Weerd: Any other questions? Mr. Wardle. Wardle: Madam Mayor, just to follow up on a comment from Councilman Bird. I do think that it's important to protect our city's water supply, but at the immediate price tag of 200,000 dollars and I'm -- is that going to guarantee us -- it will guarantee us a higher level of security for our water system, but I don't think it solves all the problems that are potentially out there and I guess I'm just not -- I'm not so sure that this isn't the -- something that the property owners need to take care of, because I know that not all -- not everyone in the city is utilizing the city water system for irrigation; is that correct? Clinton: That is correct. De Weerd: You know, Mr. Clinton, I guess I agree with what Mr. Wardle has just said. As an irrigation water user, you know, we pay an annual fee for the right to use that and as also a former user and, you know, I had my system tested every year, I paid for that testing fee, and that was just a fee that I paid for the right to use the city water. There is no doubt that this program is extremely important to our city water supply, but I don't know if it's really something that I could ask all of our water users to do to pay for those who use city water to water their yards and I know that those people do not have a choice. You know, if the choice was theirs they probably would use irrigation water, because at that time I would have preferred that, too. Certainly, it does save with your water bill, but -- Mr. Watson, it looks like you have a response. Watson: Madam Mayor and Council Members, when this idea very first came up, being one that does not have pressurized irrigation, I had exactly that opinion, that the people that had the back flow preventers should be the ones paying to test them. Since that time, the more I have thought about it and talked with Rick and his staff, they are protecting my water supply, too. If I know that more devices are being tested throughout the city, even though I'm paying for it a little bit, that's protecting me and all the other people that don't have pressurized irrigation. So, it's not a luxury in my mind that people have these back flow preventers. If I wanted one I could go out and put one in and pay for it and the people that do, some of them don't put these in and if they don't put them in and we don't find them, at least I know if the city is finding as many as they can that I'm more protected. So, I have gone both ways on this. I have been turned around by the arguments. Meridian City Council ~ • July 6, 2004 Page 11 of 62 De Weerd: So, we could probably persuade you either way? Watson: No, not anymore. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess my only comment, I guess, is, you know, we are all revealing our alliances here. I mean I just have city water, I don't have irrigation water, but what it sounded to me -- the purpose of this proposal is to protect the integrity of the city's drinking water, so, everyone who gets drinking water is protected by that. Not to make sure we either penalize or not penalize or check just the people of one -- or irrigation or not, it's to protect the integrity of the drinking water. So, the access to the water is by all the folks for drinking purposes and some use it for irrigation, some don't, but since the group is being protected from drinking, it makes more sense to me that if we are going to do it, that it's part of the fee that all of the users pay, because we are protecting all of their drinking water. De Weerd: Well, there is certainly a lot of steps between now and implementation. It doesn't hurt to bring this forward in the budget discussions and even as a budget line item that we would go through public -- public hearings and that sort of thing to see what the comments would be. As a recipient also of the phone calls from some of the people that Rick noted in his memo, you know, it's set on both sides and, certainly, I know when I started the program still I don't think today the other residents in our subdivision are doing it. It's the person who happened to buy my house has to, but -- so it would be something fair. I would ask -- I think that I had just stepped on the Council when we initiated this program and it was supposed to be implemented in stages over a period of time. I thought that by now all of those homes would have been brought into this program. What was the time frame for bringing them all up? Clinton: Madam Mayor? De Weerd: Yes. Clinton: If I could perhaps give a little bit of summary up to your question. Somewhere in about 1995 the City of Meridian took apro-active approach to water conservation and started requiring pressurized irrigation systems to be installed in all subdivisions. We have very vastly increased the number of connections with every one of those PI systems that's installed. The other thing that the current ordinance provides for that we haven't aggressively enforced -- and I addressed this in my memo -- is the illegal dual connections that we get homeowners that go out, they have got PI in the backyard, perhaps it's on the back lot line of a subdivision that's -- that their subdivision didn't have PI, but this new subdivision does have, so they tap into that and the frequency of dual connections is substantially higher than it used to be. So, my concern is a lot higher Meridian City Council • • July 6, 2004 Page 12 of 62 and if we choose not to go with the proposal in this memo, then, I do think that we need to go out and actively pursue these -- the dual connections and that's not going to be popular. De Weerd: Okay. Well, any further questions or do you want to save it for the budget hearing? Okay. Well, thank you for the update and the heads up on what we will be seeing next week. Clinton: Thank you. De Weerd: I guess I would ask Council if you have anything specific, if you can either let Brad or Rick know, so we can come prepared with answers to any questions you might have between now and then. Okay. Thanks. C. Police Department -Chief Musser 1. Lease Agreement with Probation and Parole for office space in the Police Department: De Weerd: Okay. Item 6-C is the Police Department. Chief Musser. Musser: Madam Mayor, Members of the Council, I had two items this evening. The first is to determine the Council's wishes in regards to our tease agreement with the Idaho Department of Corrections Probation and Parole. They currently lease a 300-foot square office area within the police department and we have been doing that on an annual lease basis and they are requesting to be able to move the contract to a three year period for that lease and pay the -- continue paying the same fee. I'm not in any way, shape, or form against this; I think it betters our partnership in the long run. However, where it is a contract I did want to get the Council's approval on this, so that could get with our city attorney, then, and get the appropriate paperwork done up, because we are ready to renew on this lease. De Weerd: Okay. Council, have you been able to review this? Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The only thing I see in this is with the help of our nice Ada County commissioners, we need to add a tax to the lease agreement. If they are leasing part of the building, they should be responsible for part of the property tax. Musser: Okay. De Weerd: Thank you, Mr. Bird. Yes, Chief. Meridian City Council July 6, 2004 Page 13 of 62 Musser: Madam Mayor, Members of the Council, Councilman Bird in particular, would you want me to go ahead and get with finance, then, and see what that would be pro- rated out for that 300 square feet and have that put in our pro-rated basis? Bird: I believe we should. Musser: All right. I'll get that taken care of, then. De Weerd: Thank you, Chief. Any further discussion on this item? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just so -- just so that we are clear, I think if we have any other -- any other ones, if we want that as a policy, then, we make sure that we make that as a policy for any property that we lease that if it is taxed, so that way we are not -- I don't want the state to think we are picking on them. I don't disagree with you, Mr. Bird, but I want to make sure that we do that consistently with any property that we do pay taxes on. I don't think we have any others at the moment, but we may in the future as we lease space. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree, but I'll guarantee you that the lease we have got with the Hohns over there for the Planning and Zoning stuff includes -- we are paying the tax on that building and it's just a proper way about going with leasing and -- Nary: I would agree. I'm sure it's factored into the square footage amount and we have it in this one, since it predated that, so, you're right, I think we should. 2. Discussion regarding "Jake Brake" Ordinance: De Weerd: All right. And, hopefully, this will be over soon anyway, so that cost won't have to be passed on too much longer. Okay. Any further information needed from the chief or to provide to the chief? Okay, thanks Chief. The next is discussion regarding the Jake Brake ordinance. Musser: Madam Mayor, Members of the Council, I received a number of a-mails since I have been in as chief of police with some citizen concerns about having a Jake brake ordinance. The Jake brake commonly refers to an item known as an engine compression brake or an engine brake, it's done through the compression of the engine to help slow down commercial type trucks and it usually results in a fairly large or loud, 1 should say, noise that emits from these types of vehicles. One of the most recent ones Meridian City Council • July 6, 2004 Page 14 of 62 that we have had was from a gentleman who lives off the Meridian-Kung highway or Highway 69 south of Overland Road area. I guess what I'm looking for is a little direction at this point from the Council as to how they want to pursue this type of an instance, if we want to enact this type of an ordinance would require probably some specific posting in certain areas where they were prohibited and we need to come up with a way to word it properly. I have been doing some research on it and there is a number of different variations out there for the Jake brakes. The biggest thing I could see, though, is that there is a company called Jake's Engine who vehemently objects to having the sign posted that says no Jake brakes allowed, because that's a copyrighted name. However, if you want to go ahead and pursue this, I can go ahead and initiate looking at it now. Our current city ordinance doesn't really provide for it. There is some generalizations under Ordinance 6-3-6, Noise, be under Section 2 in the repetitive motor vehicle sounds, has to do with operation, but it almost implies that they have to be repetitive in nature and not what a Jake brake would incur, which would probably be an activation as they slow down coming into town from the 50 to 55 mile per hour area on Highway 69 into our 35 mile per hour zone. De Weerd: Chief, what specifically has been the complaint? Musser: The noise. It is a noise complaint that we are getting. They don't like the noise late at night as trucks come into town and that's usually what we are dealing with is late night deliveries or early morning deliveries on vehicles and they have to slow down in our city limits as they come in. De Weerd: And, basically, these complaints are around what areas of town? Musser: We have had them off of Linder Road, between Franklin and Pine. We have had them up in the north end of Meridian along Linder Road, Meridian Road, and the latest one we have had that I have an a-mail here on specifically refers to Highway 69 south of Overland. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Excuse my ignorance, chief, but I guess if the trucks weren't able to do this and we have -- I can see what you're talking about, the different areas where we have varying speeds, types of roads, you know, some -- like on Linder Road there is industrial park type of property off of Linder Road coming from Franklin where it's a lot higher speed roadway, but if they didn't have this, is there a much better alternative to that? Musser: Councilman Nary, frankly, in my research in looking at it, it seems to present a lot of problems. There is a number of different ordinances, I have read those, a number of them also involve matrixes, as this Council has already seen from Planning and Zoning, and you have to shift the ordinance in conjunction with your residential versus Meridian City Council ~ • July 6, 2004 Page 15 of 62 commercial zones and some of the areas we are talking about share both of those, we have commercial frontage with residential behind it, that's why I was asking for some direction from the Council and whether or not the Council at this time may perceive that we, in fact, do have a problem. I don't know if we really do. Nary: Madam Mayor? De Weerd: Uh-huh. Nary: I guess just a couple thoughts, chief. I guess to me right now without really knowing more, I understand there is probably some noise issues that people may have and they probably always are going to be, especially in commercial, industrial, residential areas where there is some overlap or mixture between them and I don't know that we can fix it with this and I don't know that we can afford a survey to really determine what areas we need to address that in. Highway 69, I don't know that we really can do a whole lot on that particular highway anyway on this and just as a personal aside, I mean when I -- when I drive around the state and you drive into various little towns that have those signs that say no -- Jake brakes prohibited or no Jake brakes allowed, I think it seems like a small little town that it shouldn't be that big a deal, it doesn't take that long for these types of things and in this I guess I don't know -- at least the area I live I have never noticed that type of behavior, but I don't know that we really have enough information, at least in my mind, to really direct to proceed with doing that and I don't know that we have the funding to really do a real comprehensive survey, because it does sound like it is partly a zoning type of issue and trying to put those types of uses together that may have those particular problems, so -- De Weerd: I guess it does raise to mind when you look at our mixed use and what kind of use and what kind of trucks would be involved when we do try and abut some of our mixed commercial or something next to residential, that you want to make sure that they would not have those kind of trucks in them and I don't know to what extent you get comments, chief, on this, if it's a severe issue or not. It would seem hard to enforce in particular on the state highway and so it would be helpful to know the number of complaints we get, where they are located, and if, you know, it's going to -- I don't know what we can do on a state highway. You cannot prohibit that size of truck on a state highway and in looking at our transportation and our business community, those forms of transportation are very important for them to do business, so I guess we do need to look at that as we move forward in our planning and mixing residential with our business, but I don't know if there is too much we can do at this point and what currently exists. But we could examine the complaints and where they are located and see- if there is something that we can work with the business owners in that area if there seems to be a persistent issue. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council • • July 6, 2004 Page 16 of 62 Nary: It also might be practical to have that same discussion of some sort with the highway district on whether some signage or some other alternative than an ordinance. I mean governments are really good at making rules, but maybe it's more of an educational opportunity to, you know, advise, you know, that type of business that there are residential zones and to be aware of that and some way to encourage better behavior, because I agree with the Mayor, I don't know how you -- I don't know how we are effectively going to enforce that very well, because we are not going to be there, we are not going to see the truck, it's going to be -- you know, even the complainants aren't always going to see the vehicle itself, which is always a problem sometimes with noise complaints and maybe just putting up some more on the educational type of signage on the roadway to advise truckers when they are in a residential area might be better and might be more effective than just simply passing an ordinance and I think your officers have more than enough to do. Musser: Madam Mayor and Members of the Council and Councilman Nary, that's pretty much what I thought you were going to be telling me, based upon the research that have done. However, since -- like I said, since I have been chief I have received a total of four complaints, one of which was from a subdivision group off of Linder Road and into that extent I don't know what the numbers were behind that, I was contacted by a gentleman that said he represented that subdivision, which would be the -- I'm not sure the name of it right off the top of my head, but it's just south of Pine on the east side of Linder right in there. Other than that, they have been fairly sporadic, however, because there has been a few of them, I wanted to bring this to the Council to see what their thoughts were on it. Typically, it is a noise complaint issue and there is an EPA federal guideline on it that requires that the engine brakes be no more than 83 decibels at 50 feet, which most of them can do. However, because trucks aren't maintained real well over the life of the vehicle, it does have a tendency to make them louder at times and you're absolutely right, enforcement would be tough, but my job is to let you know when the public does have some issues. De Weerd: Thank you, chief. Mr. Wardle. Wardle: Madam Mayor. And, chief, just a comment as far as -- or I guess a question for you. I didn't hear you say that we needed an ordinance in place to make it easier for your officers to enforce -- enforce some of these issues and so I guess in my mind it's certainly an issue worth looking at and it's certainly something that I think is important to address our community's noise ordinance, but (guess -- well, my opinion is that we need -- if we need something in place, it should be something that helps our officers enforce the laws that we have and so -- I guess that wasn't a question. Sorry, chief. D. North Sewer study. De Weerd: Well, thank you, chief. Is there anything further, Council? Okay. Thanks. Item D was added on the north -- all I heard was north sewer. Mr. Watson. Meridian City Council • July 6, 2004 Page 17 of 62 Watson: Thank you, Madam Mayor, Council Members, for allowing me to squeeze this into the long agenda. However, this was something you asked me to bring back on the July 6 meeting and I didn't want you to think I forgot. De Weerd: That's true. This is north Meridian. Watson: Yes. I was supposed to bring back a proposal from JUB Engineers to do a regional sewer study on the area north of Chinden. De Weerd: Thank you. Watson: West of Linder Road, I believe. Anyway, they did -- I submitted that last week and I think it was supposed to be on the Pre-Council agenda and, then, the pre-Council agenda didn't come about, so it sort of fell between the cracks. Anyway, I have an agreement from JUB to do this sewer study, to model it, and to provide cost estimates. It's for atime -- it's on a time and materials basis, not to exceed 8,000 dollars, and they estimate about 60 days to complete that and if you would like to direct me to proceed and approve that contract, we will. De Weerd: Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: As I understood, the developers out there are going to pay this, aren't they? Or are we -- the study we are furnishing ourselves? Watson: Madam Mayor, Councilman Bird, I'm unclear on that. I remember there was a rather long discussion and we were directed to bring back that proposal for Council to review. I apologize that it didn't get into your packet. I intended for it to on pre-Council. Bird: That's fine, Brad, and I think you're a hundred percent right, but I was under the impression -- and I have a hard time spending Meridian tax dollars on non-impact area. That's not even our impact area where we are studying. De Weerd: Mr. Bird, I think the area that is being paid by the developer, they are hiring JUB, I believe, at their expense. This was an area in question that was part of a request by Eagle for their area of impact, the property owners came to us and said they felt that they would best be served by Meridian. Council asked for the -- Brad or for staff to come back to them with information on what it would cost for the city to determine could we sewer this area to bring it into our area of impact and at what cost to those property owners and in terms -- not the study, but in terms of if we were able to provide service to them, what would that service cost them. Meridian City Council ~ • July 6, 2004 Page 18 of 62 Bird: Well, I realize that and the one group on north Meridian, they are paying for it. The group you're talking about come in and asked if we would take them, because it seems like it would be faster for us to get them than Eagle or Star, whoever; and I think that it is -- and it isn't even in our impact area. That's the only thing I'm saying. I have no problem having a study, but I believe that those developers should do the same as the north Meridian developers. De Weerd: Well, Mr. Bird, the difference between these two -- and I'm not arguing either direction, but the other developers who currently have a proposed development, they are in another city's area of impact. This area that JUB studied would be for is for county property, it's not in anyone's area of impact, it is an area of question that is being proposed to be in someone's area of impact and that's what it's -- Bird: You're telling me right now that west of Linder and north of Chinden is in nobody's area of impact? De Weerd: That's correct. Bird: Okay. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. And that was the only -- that was the only question I had was that distinction, because I do recall that the folks north of Meridian -- or north of Chinden and North Meridian Road area were going to basically use our -- use our engineers and our models and that's all they wanted permission for. They were going to pay for that. The property owners I think are, as the Mayor said, of north Linder -- north of Linder, west of -- north of Chinden, west of Linder, were simply asking if we would consider including them in our area of impact, if we would basically participate in this discussion currently going on between Star and Eagle. So, I assume when we agreed to contemplate that thought, we were agreeing to at least figure out whether or not we could do it and that would be at our expense. They were simply asking us whether or not we'd do it. If we don't want to do it, then, we don't need to do the modeling for it at all. So, I don't have an objection to doing the modeling. I think that we had agreed to consider it and that's just part of the price of considering it. So, I don't have a particular concern going forward. De Weerd: Well, it certainly is part of -- if you want to include any additional area into your area of impact, you have to be able to provide for it and this would be one of the steps to determine if we could. Mr. Wardle. Wardle: Madam Mayor, as I recall the conversation, this is a group who did not have a proposed development that they came to the city asking for all of our services, to pay city taxes, to be included into our community, along with all of our planning and zoning Meridian City Council • • July 6, 2004 Page 19 of 62 processes as well, and so I recall much as Councilman Nary does, that we had agreed to at least look into it and I think part of the city's process to provide services, 8,000 dollars would be well spent to find out if we -- if we could and, if so, how long that would take. De Weerd: So, Council, do you wish staff to go ahead and draw something up to pursue this type of study or what's your wish? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: He's asking for basically to go ahead to enter into an agreement. I have no problem with it, I just -- I didn't know that was out in the black area, but I guess we will find out in the morning. I have no problem with having a study at all. In fact, I think it's a good deal to have a study; I just questioned who should pay for it. De Weerd: Okay. Well, I guess we need a motion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move to direct the city engineer to proceed with the study through JUB Engineers for modeling and the proposal for potentially asking to incorporate the area west of Linder and north of Chinden in the city's area of impact. Should -- Brad, do you want an amount like not to exceed 8,000 dollars as part of the motion? Watson: Council member Nary, yes. For time and materials not to exceed 8,000. Nary: For time and materials not to exceed 8,000 dollars. Wardle: Second. De Weerd: Okay. It's been moved and seconded to proceed with the north sewer study by JUB. Is there any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just to include as part of the motion that it would be at the city's expense. De Weerd: Second agree? Wardle: Second agrees. Meridian City Council ~ • July 6, 2004 Page 20 of 62 De Weerd: Okay. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: (Items Moved from Consent Agenda) Item 8: FP 04-036 Request for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres in an R-8 zone for Cobblefield Crossing Subdivision No. 2 by Initial Point, LLC -east of North Linder Road and south of West McMillan Road: De Weerd: Item 8 is FP 04-036. We will start with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This is a final plat request for Cobblefield Crossing Subdivision No. 2. I believe there are really no outstanding issues on this final plat. The preliminary plat that was approved is vaguely displayed on the screen here. The one difference I would point out, there was a cul-de- sac -- here is McMillan Road on the north. Cobblefield Crossing One is on the south and, then, Linder Road is less than a quarter mile here to the west and it is the same developer, CMD, as Cobblefield Crossing No. 1. They were originally proposing a cul- de-sac at the north end, just south of McMillan, but as you can see here, the highway district and the city asked for a stub street to provide for some connectivity to the keep people off of McMillan. So, they did -- they did show that on their final plat. The open space and the amenities are kind of a combined area on the south end of the project with Cobblefield One. They do have open space here on the west. There is a pathway that runs along that boundary. So, I think staffs recommending approval of the final plat with our memo -- conditions in the memo dated for the hearing date July 6. De Weerd: Okay. Any questions for staff? Is the applicant in agreement with the findings? Brad, have you -- is the applicant here? Hawkins-Clark: It does not appear so. De Weerd: Did you hear any comments back from the applicant? Hawkins-Clark: I did not personally, no. Just checking. It looks like we did not receive any written response either. De Weerd: When was it sent to the applicant? Hawkins-Clark: It was sent the same time that it was sent to the clerk. It was July 2nd. De Weerd: Okay. Last Friday. Okay. Council, what would you like to do? Meridian City Council • July 6, 2004 Page 21 of 62 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve FP 04-036 with staff comments. De Weerd: Do I have a second? Wardle: Second. De Weerd: Mr. Wardle. Thank you. It's been moved and seconded to approve FP 04- 036. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 04-037 Request for Final Plat approval of 51 residential building lots and 3 other lots on 47.67 acres in an R-4 zone for Lochsa Falls Subdivision No. 9 by Lochsa Falls, LLC -west of North Linder and south of West Chinden Boulevard: De Weerd: Okay. Item No. 9 is FP 04-037. Staff comments. Hawkins-Clark: Thank you. This final plat does involve the future city park area that is located on the west side of this phase of Lochsa Falls No. 9. As was pointed out in the staff report, there was a little bit of a shifting around of the phasing that was shown on the preliminary plat. However, the planned development that was approved for Lochsa Falls did grant some flexibility to staff to be able to work with the applicant to move those phasing numbers around. The two special considerations that I just wanted to point out for Council are on page two of the staff report and the first one relates to the responsibility for the sidewalk improvements and landscape improvements on Ten Mile Road and Ten Mile is shown here on the very left side of the screen, as you well know, and, then, most of Lochsa Nine, the residential portion, is shown here. The park area is included as a lot in the subdivision. Typically, the way that these work is that it's the sub-divider's responsibility to make the improvements. However, in this case the Ten Mile Road improvements, about half would be on the future city park, so you have this little area here and, then, there is this existing residence that is -- would remain a residential lot in this phase and, then, south of that out-parcel is some more of the park frontage. So, there is kind of two different frontages and the question presented here in the staff report is the responsibility for constructing the sidewalk and landscaping there. We did talk with Mr. Brown, who is -- Kent Brown from Briggs, who is representing the applicant here tonight, and as was stated in Farwest's memo that we received tonight, they would prefer to see the city, obviously, make the improvements on our property. Some of this, of course, becomes a timing question of when the park becomes Meridian City Council ~ • July 6, 2004 Page 22 of 62 improved and it would make the most sense to make the sidewalk improvements at the same time as the park. So, that's probably I think where the applicant and staff have come to. It would, of course, leave this out-parcel that is not a part of the city ownership in question and that, maybe, would just have to be worked out in terms of a bonding or issue with the highway district to hold that money until all of Ten Mile can just be done at one time. So, that was the first one. Then, the second special consideration relates to a storm water detention pond. I guess it's easier to see on the preliminary plat. Up here in the northeast corner they are proposing a storm water detention pond, which would be on the city park lot, and probably very minimal maintenance. It's a shallow sloped storm water grassy area. I did ask Parks Director Strong tonight if he thought that that would be a concern from parks maintenance and he didn't feel it would be. So, we just wanted to make that clear whose responsibility it would be for the landscape maintenance on that pond. Obviously, drainage maintenance would remain a highway district and the homeowner's association responsibility. So, I think those are the two kind of outstanding issues. Page three, item number five, is the specific condition that relates to the detached sidewalk and the 25 foot street buffer, so that might need some clarification. As it reads now, the -- we are just asking for those to be shown on the revised landscape plan and state that the party responsible to construct them would be determined by City Council. So, that could probably be stricken and just insert there what your pleasure is. And, then, I do -- I did have one addition, if possible, on condition number eight on page four, certificate of owners on the signature page. At this point Justin and Tamara Martin are the current owners of that out parcel and they would have to be signators on the page on the final plat sheet four. It may change ownership. If that so happens, obviously, they wouldn't need to be added, but I would like to add that -- a condition that -- to add Justin and Tamara Martin as signators on sheet four, unless it changes in the future before signature. Are there any questions? De Weerd: Council? Bird: I have none. De Weerd: Okay. Please state your name and address. Brown: Kent Brown, 1800 West Overland in Boise, Idaho. De Weerd: Thank you. Brown: We will start with the easiest one is Justin and Tammy Martin. They will need to sign the plat. We are intending on making that modification to be in compliance with code. We have to have all the owners and the one that was sent did not have them included and we are in the process of doing -- making a final mylar to start processing, getting signatures. De Weerd: Okay. Brown: So, they will be added. Meridian City Council • • July 6, 2004 Page 23 of 62 De Weerd: Thank you. Brown: And it's not going to change. I thought it might, but I clarified that with them and they are going to -- basically, it comes down to whether -- timing for the sidewalk. As I was instructed by my clients, we are here to be approved tonight. If you decide, you know, they have got to put in the sidewalk, then, they will put in the sidewalk and, in my opinion, the parks department will come and tear it out and put entrances and, then, landscape accordingly. It's kind of a waste of money and from that standpoint that's kind of why they want to do it all at once. The highway district standard condition is that you put sidewalk within two feet inside the right of way and do that on your own dime or you trust fund and put that money aside. We would recommend we trust fund, work with the parks department to put that in, and, then, have them pay for the portions that they have. If you could go back to the preliminary plat, Brad. The upper portion is 200 - - or 183 feet north of the Martin's home and the southern portion is 194 feet. So, there is just under 400 feet of sidewalk that needs to be installed and working that with your landscaping, you know, if it's going to be meandering sidewalk on the park's property or is it going to be straight, if that becomes into your design, then, the part that's on the Martin's home would be appropriately adjusted to match and tie into that. That's at least the thought behind it. From a maintenance standpoint of the park, as he discussed the storm drainage pond that's in the northeast corner of the park site, there is a park -- or a storm drainage lot there. What he was just thinking is that it's kind of ridiculous to send out the homeowners association lawnmowers with one elevation of where the blades are at and, then, two days later the park guys are out mowing the part next door. On my easterly property line I don't have a fence for the front part of the yard and it's always kind of hard to know who is mowing which portion and where we are at and where the real line is and my wife keeps the lawnmower down low and they keep theirs up high and so it just looks different and he was thinking from looks, but if you want them to mow it, they'll mow it, and I'll stand for any questions. De Weerd: Council, any questions? No? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Kent, just a quick question as far as the drainage lot. That's going to go in before the park goes on, obviously, right? Brown: Correct. Wardle: So, it will have to be maintained. Brown: And we will maintain it up until there is a park in there. Wardle: Okay. Meridian City Council • July 6, 2004 Page 24 of 62 Brown: We will install the hydro seed and the sand in the bottom and all of that as a requirement to get it approved and, then, we will maintain it until the parks guys are there and if it was four or five years or whatever it would be, we'd continue to do that. De Weerd: What is it to look like? Brown: It's just a kidney shape, three-foot, four-foot depression. De Weerd: So, it will be grassy? Brown: It will be grassy on the sides and sandy on the bottom as required by ACRD. It would be nice if you could help us work with ACHD to change some of those, but Gary's a hard nose. De Weerd: We can certainly tell you who you should talk to. Brown: I always tease -- I always tease Art when he comes to the builder's association that we just want to do it like they do their facilities. We would be happy. Nary: Now you lost us supporting that change. Brown: That's right. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Iguess I do -- I guess I do have a question. If I understand you correctly, Mr. Brown, you're saying it's fine -- it's fine for the homeowners association to maintain that drainage lot, it just doesn't make much practical sense once we are maintaining the rest of the park, because it's pretty small and it's not really that much to mow and it would just be easier -- Brown: Overall there is less than a half an acre. Nary: I guess I'd ask Mr. Strong if that's a big deal. Is that -- would that be a correct assessment on the park's department side as well, Mr. Strong, that maintaining that drainage lot wouldn't be that much of an encumbrance on the city folks or do you think it would be better for the Lochsa Falls people to maintain that one little piece by itself? I know we normally don't maintain other people's drainage, so -- Strong: The location of this particular area is adjacent to grass that we would be mowing anyway. I think the only issue that might arise would be whether we can -- if we are running over the ground with a large mower, whether we'd have to bring smaller mowers in to mow any slope and depending on the size that might be a consideration, Meridian City Council ~ • July 6, 2004 Page 25 of 62 but on the positive side of that, we are -- if we are already there mowing and maintaining grass, it's not like we are moving equipment to an area to maintain it, so it is easier for us to deal with. De Weerd: I guess if the design is conducive to being utilized by our larger machinery that would work. If it had to be hand done, I think it would be certainly an extra -- an extra task for our staff that would not be reasonable to ask of them. So, it would all depend on the design. Brown: What we have done with the design is tried to keep it as small as possible in that corner to be less of an impact on the overall area. Obviously, if you change the design you can shallow it up and -- I mean it would just be a depression with one low end and that's, obviously, you know, something that we could do. As you look at the design we have -- the storm drain sits right up here in this corner and, then, there is also another storm drain -- that's a storm drain lot right there. What we have tried to accomplish and provide the parks department -- there is over 600-foot of frontage -- if I can get the -- there is 600 foot of single sided street, basically, that gives the park this great access to that street, versus, you know, flopping the pond and putting it along a part of that right of way. But, obviously, we could, up here in this corner, you know, extend it out a little bit. It would be a little bit larger, but it would be shallower and flatter and easier to be done that way. We would be happy to do that. Nary: Well, Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: So, we don't spend another hour talking about it, I guess, Mr. Brown, it's hard for me to look in a crystal ball. very far and see whether or not mowing the grass five years from now in that spot is going to be practical or not. I mean wouldn't it simply make more sense, since Lochsa Falls knew when they brought this project forward they would have to maintain that, could we simply leave that as is and if I -- and I think whoever is sitting up here three, four, five years from now, and it is impractical, I'm sure they'll realize that and it will easier and there may be other considerations going on, then. But I just hate to lock in -- I hate to lock the city in now when we really don't know what it's going to be like and Lochsa Falls knew they'd have to maintain it anyway. So, I guess I'd rather just leave it as is and if that is a problem, the homeowners association could always come and ask the city to look at it again and if it is more practical, I'm sure they will. Is that going to be okay, if we let you trust fund for the sidewalks, you don't have to build them now? Brown: As I said previously, my client said it was here to be approved tonight and he was thinking that it was -- from an appearance standpoint that it would look better and we know -- we mow these facilities all the time, so that's not a problem. De Weerd: I guess you will be considering your design -- the easier it could flow, the more likely that could happen in the future. Meridian City Council • July 6, 2004 Page 26 of 62 Brown: Okay. Great. De Weerd: Okay. Any further comments or questions? Bird: I have none. De Weerd: Thank you. Okay. Do I have a motion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I would move the approval of FP 04-037 for Lochsa Falls Subdivision No. 8, to include all staff and applicant comments and to clarify the two points as requested that the Lochsa Falls will maintain the drainage lot until a point in the future that they request some alternative change from the city and that the homeowner for the out parcel along Linder Road can trust fund for the sidewalk, so that it can be built in conformance with the remainder of the sidewalk that is going to be built by the city in the future and doesn't have to be built at the outset of the development. Is that the only two, Mr. Hawkins-Clark? Hawkins-Clark: Yes. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item No. 9 with the noted changes. Any further discussion? Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I think you all have a letter in front of you from Mr. Campbell for Cobblefield Subdivision. I'm sorry, I just read it as we were discussing this last item. It pertains to Item No. 8 -- Bird: That's No. 17. De Weerd: Is it? Bird: Yeah. Eight was different, Mayor. De Weerd: Okay. Bird: That's just for Item No. 17. Meridian City Council • • July 6, 2004 Page 27 of 62 Item 10: FP 04-038 Request for Final Plat approval of 30 single-family residential building lots and 5 common lots on 16.4 acres in an R-4 zone for Autumn Faire Crossing Subdivision by Autumn Faire, LLC -south of West Ustick Road and west of North Black Cat Road: De Weerd: Okay. Thank you. Okay. Item 10 is FP 04-038. Staff comments. Hawkins-Clark: Madam Mayor, Members of the Council, staff did submit an a-mail request on this item to have it deferred until the applicant submits a license agreement with Nampa-Meridian Irrigation District for the encroachment on the Safford Lateral and Mr. Beacham, who is representing the applicant, was made aware of that last week and I don't see a written confirmation, but I know that he did verbally concur with that to Sonya Allen in our office. De Weerd: Okay. So, is there anything further on that? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move, then, that we postpone Item 10 until July 20th, 2004. Wardle: Second. De Weerd: Okay. Discussion, Mr. Nary. Nary: Madam Mayor, since this is a subdivision and we don't have to re-notice it and they said until further notice, I don't know if they will know a date. Bird: Don't we have to set -- we have to set it for a certain date. We can go back. mean I can go farther than that if we -- De Weerd: Mr. Clerk? Berg: Madam Mayor, Members of the Council, we did set a date of when this was going to be heard for final plats, because that's when we send out for comments for the agencies and such to get back to us. So, I mean this date is what we have set before the public's eyes, so I -- there is no noticing or anything required that way, but it's kind of a continuous flow. I don't know if you're going to get it a date certain of when they are going to get an agreement with the irrigation district. Bird: Well, we can set it back. It don't matter. I just was -- Berg: You could set it in the future and if it doesn't happen or we can find out if there is some problems that they are running into, we can get back to them. Meridian City Council July 6, 2004 Page 28 of 62 De Weerd: Okay. Well, the motion is to set it for July 20th and if it's not ready at that time we will just continue it. Okay. Any further discussion? All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 04-039 Request for Final Plat approval of 51 single-family residential building lots and 6 common lots on 17.62 acres in a R-4 zone for Glacier Springs Subdivision by Tuscany Development, LLC -north of East Victory Road and east of South Meridian Road: De Weerd: Item 11 is FP 04-039. Brad. Hawkins-Clark: Thank you. This is Glacier Springs Subdivision final plat. The full subdivision is before you as a final plat without any phasing, so this is the full preliminary plat and is also the full final plat. In terms of location, Victory Road is on the south side of the proposed subdivision. They do have one point of entrance here on their west boundary with a main spine road and, then, they are connecting to Observation Point, which provided a stub here from the west. There is an Ada County subdivision, approximately five acre lots, that is here to the east and if the Council recalls, there was a condition placed during the preliminary plat on that east boundary with those five acre county lots that a two to three foot berm with a fence be placed along this boundary and staff has some question as to how that's going to work exactly. The way that the condition is worded now is just they are -- obviously; they are going to have to provide it. Ideally they would work with the property owners, so that some of the berm would be, actually, on the county lots and they could put the fence actually right on the property line. If the county property owners are not willing to have some of that berm on their property, then, obviously, the fence is going to have to be shifted over, so that they can fit the entire berm on the Glacier Springs property and I -- maybe Mr. Brown can clarify that, but right now that's -- the way that it's worded is just a five foot vinyl fence shall be installed on top of the two to three foot berm along the eastern boundary and we have asked them to include across-section of that for staff to review before it's constructed. Two other small items to point out on this final plat. One is at the northeast corner -- well, along the entire north boundary you have the Ten Mile Creek and there is a public pathway with a public easement along that. They also have open space with a small amount of drainage up here and they are proposing to enlarge this building lot by a couple of thousand feet, which would still provide the minimum five percent open space, and Mr. Brown has come with a revised plat that shows that. It does not change the number of build-able lots, it does not impact their pathway, nor their amenities, so we would not deem that at a staff level as a substantial change. I did want to make the Council aware of that. And, then, the last item was for -- on condition number four, if we could just strike that altogether, that -- regards the front setback and think there was just some miscommunication there about whether or not a variance would be needed, but the 20 foot setback as required by code is still required, so that item could be stricken altogether. And I think that's all I had to point out on that one. Meridian City Council July 6, 2004 Page 29 of 62 De Weerd: Okay. Questions, Council? Okay. Mr. Brown. Brown: Kent Brown, 1800 West Overland in Boise, Idaho, representing Tuscany Development. We are in the process of trying to work with the neighbors to decide where that berm needs to go. The landscape architect at this time has just drawn the berm on our property approximately two and a half, three feet tall, and that would put that fence back inside that property line on our side of the property. We have a gravity irrigation line and a pressure irrigation line that runs in the back of those lots and, then, the fence would sit on the top of that. From my experience in working with other urban developments next to rural developments, there is another one on Overland, Pepper Hills, that went in when I was working for the city of Boise and, basically, the landowners -- the rural landowners could see the advantage of by putting that right on the property line and having that be there, because they would be trespassing if they went over and tried to water that side or weed that side of the -- on the back side of the fence. So, we are in hopes that our neighbors would be willing for us to do that. Our intent is to put in the berm that's required and put the fence in as we said we would do in the preliminary plat. We just need to work with our neighbors to make that happen. Lot 7 at the very north end of the development, my client approached me and said that there is a larger area in there and it would be nice to add a little more square footage to that and as in my letter, we are increasing it about 5,000 square feet from 8,880 -- think Thad atypo. I think I had 8,800, but it's 8,880, as was originally submitted, and we are increasing it to 14,000. So, there would just be a larger lot and it's sitting back on that greenbelt and where it's location he felt that that was a benefit. We still have six percent open space for the subdivision in those two lots, the one in the very back and the greenbelt, not counting the miscellaneous stuff that we are allowed to count along the street buffer. And stand for any questions. De Weerd: Council, do you have any questions? Bird: I have none. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Tell me again so I don't have to look through here, Mr. Brown. So Lot 9 is how big now? I know it's six percent, but how big of pieces? Lot 9's the common area. Brown: Currently, without making this change, or after the change? Nary: Both. Brown: Okay. It just happens I can tell you. Currently, it is 29,606 and we are proposing to make it 24,379. Nary: Thank you. Meridian City Council July 6, 2004 Page 30 of 62 De Weerd: Okay. Council, anything further? Bird: I have nothing. De Weerd: Okay. Thank you, Mr. Brown. Okay.. Council, any further questions, comments, information needed? I would entertain a motion. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I would move the approval of FP 04-039 for Glacier Springs Subdivision, to include all staff comments and applicant comments, including the change to increase in size of Lot 7. I think that was it. Hawkins-Clark: We did request elimination of condition four. Nary: Oh, I guess that was what I meant when I said included staff comments. Hawkins-Clark: Okay. Thank you. De Weerd: We like those specifics, though. Bird: I'll second it. De Weerd: Okay. And that was Lot 7, Block 3? Nary: Yes. De Weerd: Okay. Any further discussion? Okay. It's been moved and seconded to approve Item No. 11. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: FP 04-040 Request for Final Plat approval for 5 building lots on 2.064 acres in a L-O zone for Buich Subdivision by Pinnacle-Engineers, Inc. - 2150 West Cherry Lane: De Weerd: Okay. Item 12 is FP 04-040. Staff. Hawkins-Clark: Thank you, Madam Mayor. The subdivision on this item is -- formerly came through as Cherry Lane Office Park. The preliminary plat was approved under that name. They have changed it to -- I haven't actually heard the pronunciation, but it's Meridian City Council ~ • July 6, 2004 Page 31 of 62 either Buich or Buich, but Cherry Lane has the entire frontage. It is -- there is an existing church on the site and the final plat is shown here. There are a number of easements because of the configuration of the lots that the applicant Pinnacle Engineers is in the process of working with our public works department on just to insure that they have adequate access to all of the meters, et cetera. But other than some of those issues to workout at the civil drawing stage, I believe that there were no other changes that staff had to the recommended conditions, so we do just recommend approval as the memo received by the clerk July 1st was written. De Weerd: Okay. Thank you, Brad. Any questions by Council? Bird: I have none, Mayor. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Yes. Nary: I think Brad said this is the site that has the church on it, but this is the site across the street, isn't it? Bird: No. This is Cherry Lane Baptist Church's old location. Nary: Oh. Because the report says the north side of West Cherry Lane. Bird: It is on the north side. Nary: Oh, the Baptist Church. Bird: You're thinking of the Christian -- Nary: Right. I'm thinking of the other across the street. Okay. I'm sorry. My fault. You're good. De Weerd: Okay. And the applicant was in agreement? Okay. So, the applicant does not need to comment. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve FP 04-040, Buich Subdivision by Pinnacle Engineers and incorporate all staff comments. Wardle: Second. Meridian City Council • • July 6, 2004 Page 32 of 62 De Weerd: Okay. It's been moved and seconded to approve Item 12. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Continued Public Hearing from June 1, 2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: De Weerd: Thank you. Okay. Item 13 is a continued Public Hearing from June 1st on the trunk line and water sewer assessment. Mr. Watson. Watson: Thank you, Madam Mayor, Council Members. As I stated in my memo to you dated 7/1, I visited with BCA Builders Council in June. I had previously met with the Developers Council and thought that that meeting had went relatively well. The meeting in June with the Builders Council, at least in my opinion, did not go nearly as well. They had some fairly significant and quite a few questions about my method of calculation and some of the background on what I was proposing as far as those fees. After talking with Gary Smith, I think if we proceeded to get a third party independent review of what I have done, I think that would go a long way towards answering their questions. The person that I had in mind -- and I don't have a proposal tonight, but Iwould -- or I will if Council allows me to. This person has been a sub consultant with Carollo Engineers over the years and has, actually, even done some local rate and fee studies, particularly in the city of Lewiston. He's out of Minnesota, so he has no opinion, no preconceived notion of anybody, any party in the Treasure Valley, I think, at this point, and he indicated that he could do what he called a desk top analysis, which would involve a couple days going through my figures and calculations by the end of July. So, there is two things here. I guess I would request that direction and, secondly, to continue this to August 24th to allow that to take place and to get back with the Builders Council. And I will answer any question if you would like. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, you say August 24th you'd like to continue it to that? Watson: Yeah. That's what I would hope, Councilman Bird, is August 24th. Bird: And I think your -- I think we are going about it the right way for that kind of -- bringing somebody in that has nothing to do in this area as far as this is concerned. I think it's a very very good idea. Meridian City Council • • July 6, 2004 Page 33 of 62 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Brad, not necessarily because I think the builders need to pick the consultant either, but I mean is this person going to be credible to them or are we going to be in the same boat. If they didn't think your numbers were credible, are they going to think this person's numbers are credible or are we going to have the same discussion with them in July? Watson: Councilman Nary, that's a very good question. I haven't posed that to the Builders Council. I guess I could do two things simultaneously. Get a proposal from Mr. Harder to do this study and, secondly, send his resume and what I intend to do to Jason -- Jason Ronk, he's the government affairs person at BCA, and coordinate with him, maybe get some buy-in from him. And, then, I'd probably bring an agreement back to you next week or two weeks from today. Nary: That would be great. Thank you. De Weerd: Any further comments? Council? Okay. Brad, do you need anything further? Watson: I will proceed and -- I will proceed with those two ideas that I just had, unless I'm directed otherwise. De Weerd: Okay. Thanks, Brad. Council, we need a motion to continue this. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we continue the Public Hearing on trunk line water and sewer assessment to August 24th. Nary: Second. De Weerd: Okay. It's been moved and seconded to continue Item 13 to August 24th. Is there any further discussion? Of course, that is 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Continued Public Hearing from June 8, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Meridian City Council • • July 6, 2004 Page 34 of 62 Item 15: Continued Public Hearing from June 8, 2004: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. -northeast corner of East Victory Road and South Meridian Kuna Highway: Item 16: Continued Public Hearing from June 8, 2004: CUP 03-071 Request for a Conditional Use Permit fora Planned Development to allow the construction of a combination feed store and gas station /convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: De Weerd: Item 14, 15, and 16. They are continued public hearings on AZ 03-038, PFP 03-007, and CUP 03-071. We are in the area of our public hearings and any of the Public Hearing Item 14 through Item 24, we do require by ordinance that all those wishing to testify are sworn in. Those that do wish to provide testimony on any of these items, if you will, please, raise your right hand. Our staff does not have to do it, although I would hope that you always tell the truth. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers.) De Weerd: Thank you. Okay. I will open these three public hearings, 14, 15, and, 16, with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. As Council directed a couple of weeks ago when this application -- or these three applications first came to you, at that point in time there were no specific conditions -- site specific conditions proposed, because the Planning and Zoning Commission had a recommendation of denial, so there was direction given to staff to work with the applicant on preparing those conditions and having the applicant submit a revised plan that reflected some of the discussion that you had at your July 8th meeting, I believe it was. That did happen. Mr. Craig Hood in our office and Dave McKinnon with Pinnacle Engineers -- I know I have had several discussions back and forth. We did also meet in our offices and went over some of the points that you had talked about. The memo that was submitted to you for tonight does include site-specific conditions for approval for all three applications, the annexation, the plat, and the planned development. It is a preliminary/final plat, since it is at this point in time only four lots. Since this item got quite a bit of discussion at the last hearing, I won't go over any summary of the location or the proposed uses. Suffice to say there is a feed store, along with the existing nursery use, and a coffee kiosk and fuel station, all the uses that are proposed mostly here down in the southwest corner of the site. Mr. Hood had a number of special Meridian City Council • • July 6, 2004 Page 35 of 62 considerations and I think on the -- on this first item, number 15, related to the -- well, actually, it would be 14 -- related to the annexation and zoning. There was one issue that was raised for the Council and that regards business hours, whether or not business hours should be specified with this application or not. At this point there are no hours listed. The way that that is worded, though, that the development agreement would discuss business hours, any that are approved by the Meridian City Council, if they are limited. Other than that, I think the annexation was clean as with the conditions that were submitted there starting on page ten. Here is the revised plan development site plan that we received. It's, actually, flipped in terms of orientation from what you just saw. North is to the left. Victory Road and Meridian Road, State Highway 69. And the discussion at Council last time regarding access to Highway 69 was a little unclear in terms of exactly what was desired, other than suffice it to say that at least one access that Council felt was appropriate and that is the way that the condition was worded now, is construct a maximum of one access if it's approved by ITD. The applicant is proposing one permanent access and, then, one temporary access until such time as they can internally construct a road that would be able to use it. There is an irrigation maintenance access here at the very north end of the site. That's one point of access. And, then, the other one is more centrally located here, which would serve as the main entrance for the new commercial operations. So, at this point it's construct a maximum of one access and, then, if ITD comes back later and says that they are denied those access points, then, obviously, there would have to be a note on the final plat clarifying that either the access is prohibited or it's restricted to one. So, that is the way that -- that it's worded and at least that Mr. Hood read the minutes and felt that the direction was given from Council. As far as the Victory Road frontage, their -- well, let me continue on that. Preliminary plat conditions on page 12, item number seven, discusses the pond, which is located here behind the residence and the office is located here, so just kind of north and east there is that pond that was discussed at the last hearing, which is proposed to be an amenity and in order to help preserve that as an amenity, staffs recommending it be placed in a common lot, rather than just retained on the nursery lot, so that the association -- the business association and those CC&Rs can address how that pond remains a feature of the site. So, we are recommending that that be placed into a common lot and, then, condition number eight on the Victory Road frontage, at this point, starting about the current entrance into this site, all of the landscaping -- virtually all of the landscaping would be located in the future right of way. Well, actually, existing right of way. The highway district does today own -- I believe it's 48 feet from center line and as proposed they would need to put all of their Victory Road landscaping in the right of way with a license agreement. There is a little bit of discrepancy between the landscape plan and the plat as to whether or not they have an additional five feet and I'd just ask the applicant to address that, to clarify that, but, obviously, the concern that you could have with that is that if the highway district says, no, we are not going to let you have trees in our right of way, then, you would -- you would have a stretch there where there would be no landscaping. It would just be grass without any trees. So, as worded they'd have to enter into a license agreement for the landscaping and, then, if it's not obtained, provide a 20-foot wide landscape buffer beyond the existing right of way. Obviously, there are two buildings there that preclude expanding that too much, but that would have to be worked out. As you come further Meridian City Council • • July 6, 2004 Page 36 of 62 west on Victory, the landscaping is also shown in the right of way there. However, we believe that there will probably be a turn lane coming westbound on Victory Road at some point in the future that -- for the ITD access there and so we are recommending that that portion not be allowed to be into the license agreement, that that, actually, shift to the north. It would involve losing one parking space that they currently show on the site and may involve a shifting of some of these buildings a little bit to the north in order to get all of that landscaping outside of the right of way. So, we are recommending that that change happen, so that there is no risk of there being no landscaping there on the corner. Let's see. And, then, to clarify on page 18, on the access to Highway 69, that as written they do not restrict the driveway on Highway 69 to a right-in, right-out, nor does it specify the location. So, as currently worded, it would allow a full access there. And, then, the last item I was going to mention is on page 20, item number six, and this has to do with the conditional use planned development conditions and what we are recommending there is that prior to a certificate of zoning compliance for their new buildings out there, that they provide asphalt parking and drive aisles that are shown on the site plan and that as far as fire access in here, that they -- and that's one thing that we worked out, that there is a way for fire now to get through about in this location from Victory Road into the commercial -- the new commercial use areas and so they would basically just pop through the asphalt in that location, so they can circulate on the new -- on the new asphalt in that area. So, in other words, a lot of conditions and new information to kind of throw at you on this one, but I think that kind of clarifies where we are at. De Weerd: Okay. Council, any questions for staff at this time? Thank you. Dave? Please state your name and address. McKinnon: Dave McKinnon, 735 South Crosstimber, Meridian. De Weerd: Remember, you're under oath. McKinnon: I will. Oh, just one happy thought. I've got you all here. I've got your staff here and I've got Gary Inselman here from ACRD. I just want to let you know Silverstone Campus Subdivision recorded today, so it's all done, and there has been a lot of work by you guys, a lot of work by your staff, a lot of work by ACRD and it's not all that often I have a chance to have all three of you at once to publicly thank you for all your help on that and would like to thank you for that. There was a lot of help from everybody involved. De Weerd: Thank you, staff. McKinnon: On to Mussell Corner, the reason why I'm here tonight. Or the other reason I'm here tonight. Brad I think said it right when he said let's not rehash everything on this, but I would like to address the things that he just addressed and just to start off, I'll just follow him in order. He started off on page ten with bullet number two of item two, which were the hours of operation. This is a gas store on a state highway and a feed store. It's not surrounded by anything residential at this time. It's zoned C-2 on the Meridian City Council • July 6, 2004 Page 37 of 62 Comp Plan. We'd ask for no hours of operation restriction on this. It will be a 24-hour gas station, that's typically what you see on a highway, and we'd ask for that to remain as a 24 hour operation. As far as access onto State Highway 69, I have talked with state -- with the highway district -- not highway district, but the Idaho Transportation Department, talked with District Three again, talked to them a little bit about the location of the accesses and said, look, you know, the City of Meridian has asked us to drop it to one, instead of the three that we have been deeded and if we go down to the one, is that going to be a problem to you guys, do you guys see that we might, you know, be able to work this out. District Three says, yeah, we could probably work something out and, then, they tempered by saying it's not our decision, it's the headquarter's decision on this. This is a state highway, so it is headquarters. The District Three is supportive of that. Onto the issue of Rumple Lane, I think Councilman Bird's former basketball teammate there. We would like to keep Rumple Lane open until the access is provided across this in the future and the reason for that is, as Brad pointed out, is that we have an access to an irrigation ditch back here and this is improved right now and through here is not improved, so we'd like to be able to keep that open until such time as this area redevelops. As this redevelops and the access can be provided off of this, we would close that down. We'd ask for that to be a modification on page eleven, item number three, as Brad pointed out. The common lot for the pond. By creating a common lot we create a fifth lot within the subdivision that would have no frontage. We feel it would better serve that lot if the pond were placed in an easement, rather than a common lot. The easement can be maintained by the homeowners association, so it would be an easement held in common by the subdivision in order to provide for that lot. That requires us to place a note and to place a little leader with an arrow pointing to where the easement would be, but we could show that that pond shall be retained and protected on site, rather than creating an additional lot, and requiring us to come back to you with a final plat, as this is a preliminary/final plat right now. Page 13, item number 11, a license agreement with landscaping in the right of way. This is an interesting thing and I'm really glad I had a chance to sit down with Brad and Craig and the architect to discuss this. Several years ago when ACRD was acquiring right of way for Victory, they felt that this would be a 96-foot wide street section and this is -- so, this is a very wide road. Since that time, since they acquired the 48 feet from centerline of Victory Road, they have determined that, well, actually, they only need 70 feet for the road area, rather than 96 feet. So, we need instead of the 96-foot road, they need a 70-foot road with a 46-foot street section. That's why ACHD is required to have a 23-foot street section within 48 feet of right of way. That means there is a whole lot of extra right of way and that extra right of way can be landscaped. However, talking with Lori from ACHD, she said there is a possibility that ACHD would not allow any trees within their license agreement. She didn't say absolutely no, she said it's a possibility that we won't allow you to do that, because it is in ACHD's right of way, even though they are not planning on using it. She did point out, though, that the City of Meridian ordinance does not say that every -- that there needs to be a tree every 35 feet, there can be some clumping of trees and we had this discussion on the speaker phone with Brad and Craig when we had our meeting and that was an option that we could do. We have currently provided five feet -- if you can go to the landscape plan, Brad, it looked like it was a little confusing -- boy, that's really confusing. It's all-sideways. I wonder if I can try to point Meridian City Council • • July 6, 2004 Page 38 of 62 this out. These trees we have actually set back out of the right of way and there is about 15 feet of it that was grass and, then, the back five feet -- there is 20 feet of landscaping there. The back five feet would put the trees -- can't really make it out, but promise that's what it is. You can open up your packets to see that. And we have tried to put those trees behind the ACHD right of way. There are several areas in front of the small building, the existing house, and that's just not going to be a possibility. The house is basically three feet from the edge of right of way from 90 -- or 96-foot right of way. So, there is a few places we won't be able to put trees all over, but there can be some clumping that can be done and we have attempted to try to put the trees behind the 15 foot back outside of the right of way in what would be an area outside of the right of way to show trees and so we have tired to accommodate that. Brad, could you go back to the other picture? There. The five feet, like right here in front of the house, it's not going to be possible, but there is a small strip of land that's five feet wide beyond the right of way that we have actually shown those trees to be able to be located, so there is some area to place trees and we just ask that we be allowed to do that accordingly and work with ACHD on that. Again, we talked with Lori from ACHD, she didn't adamantly say no, but they haven't explored it yet, we just talked to ACHD on the phone together and she said that, yes, a license agreement would be a possibility for the landscaping and beyond the landscaping there is some room to place some trees, so I just wanted to point that out and I'm sorry the landscape plan isn't easier to read on this overhead tonight. I think that really covers what we wanted to get into. We have asked for the access to be at 440 feet and that's to accommodate the gas station and the feed store, rather than place it further down, we'd like to be able to have the access here. We feel this will probably be the highest and best use of this corner and we didn't want to put the access too far away that people don't want to utilize it to go back or to exit out of. Addressing the right-in, right-out issue, again, we are working with ITD to get this access and if ITD is of the opinion that this could be a universal access, we'd like to be able to work with them on that and if ITD is of the opinion that it can be a right-in, right- out only, we'd like to have that decision made by ITD as it is the access onto their state highway that runs through Meridian, which is your city. So, those are some things that we'd just like to ask at this time. I know Craig, the way he's written the staff report, he's not limited to right in, right out, but rather he's just brought it up for your discussion. And if you have any questions about that, I would be happy to address that. We do know in the future that Meridian Road is going to get busier and eventually there may be some medians placed within Meridian Road just as you're discussing with ITD about Eagle Road, State Street, State Highway 16 in the future, and that could be a possibility, but at this time we'd like it to remain a universal access, rather than a right in, right out. It's been a long road to get to this point. We are thankful for your work and Craig Hood's work. Craig has put a lot of time and effort into it, like 21 pages worth of report that he's added to, we appreciate his help and your staffs help and ask if you have any questions at this time and ask for your approval tonight. De Weerd: Council, any questions? Bird: I have none, Madam Mayor. Meridian City Council • • July 6, 2004 Page 39 of 62 De Weerd: Mr. Bird. Bird: I have none. De Weerd: Oh, I'm sorry. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mr. McKinnon, explain to me again what your reasoning is on why the fountain area should be in an easement rather than a common lot. McKinnon: Well, it's -- Nary: I guess because we are used to the common lot. That's just kind of the way we generally do that, so -- McKinnon: It's two things. We wouldn't have an objection to putting it in a common lot. The problem I think that Brad kind of alluded to, but I don't think he directly hit on it, is that the way the subdivision ordinance is currently written you can only do a preliminary/final plat if there is four lots or less within a subdivision and we have asked for this to be a preliminary/final plat. We have four lots right now. Adding this would be a fifth -- you know, if you guys say a fifth is okay for the preliminary/final plat, because it was in addition as a condition of approval, we can work with that and make it a common lot. But rather than forcing us back into another hearing, we could put it into an easement and I think that's the direction that I was going with that. We are not objecting -- we don't object to that comment, it's just it may be easier to handle that that way, than put it into a common lot. Nary: Thank you. McKinnon: Thank you. De Weerd: I guess the only question I had, Dave, is on your comments regarding page 11, item three, on the Rumple Road or whatever you termed it. Bird: Calling it a road you're being very gracious. McKinnon: Really gracious. De Weerd: I have been on it. As long as it was noted that it was temporary, I guess that seems very reasonable that that be open until that area is developed. Wardle: Madam Mayor? Meridian City Council ~ • July 6, 2004 Page 40 of 62 De Weerd: Yes, Mr. Wardle. Wardle: Just one more question of Dave about ITD's right of way on the corner and losing one parking spot, what are your comments on that? McKinnon: Well, I guess I probably should address that a little bit further. ITD has already acquired right of way there. They acquired it a couple of years back when State Highway 69 was widened. Brad, can you go back to the preliminary plat, see if that's any -- there you go. Wait. Back to that last one. You can at this point right here there is a shift in the road right here and it comes up and there is center line of the road, it jogs up and, then, comes over and, then, has this little spot. ITD acquired that in anticipation of having that lane widened for the traffic light and they already have some right of way acquired for that. In the future they may need to acquire additional right of way. Losing one parking space will not negatively affect the parking arrangement here. There is enough parking for that and that's whether or not ITD actually needs the additional right of way. The landscape plan that we prepared actually shows 20 feet of landscaping north of ITD's access -- or north of ITD's land that they have already acquired, so there already is adequate landscaping, but more is needed for ITD, more could be added without negatively impacting this project. De Weerd: Does that answer it? Wardle: Madam Mayor, I'm going to ask Brad if that answers his question. Hawkins-Clark: If I could ask Dave -- is the landscaping on the corner, the 20 foot along the full frontage that's required for Victory Road, if you -- at this point that the right of way jogs north, does the 20-foot, then, jog also for the landscaping there or do you still have -- all of the landscaping would be located in this right of way that ITD took? McKinnon: If I could get the -- is it okay if I just confer with Brad real quick and show him on the landscape plan? It's a little easier one to read than the one that's on the overhead. De Weerd: Yes. McKinnon: Thanks. De Weerd: Dave, let's just recess this for five minutes. Okay. We will call this back to order at five after 9:00. (Recess.) De Weerd: Okay. I'll call the meeting back to order. And it looks like Dave isn't done. Bird: David took a break with us, instead of working. Meridian City Council ~ • July 6, 2004 Page 41 of 62 De Weerd: Dave, the break was ours, not yours. McKinnon: My apologies. De Weerd: Mr. McKinnon. McKinnon: I was going to look up and point something out. Brad and I just talked just briefly during your break and it looks like we may have to shift it just a tiny bit. We show 20 feet, but it may have to shift just a little bit. It may not require the removal of a parking space, but, like I said, if we do have to move it just a little bit, it won't negatively affect this project, the loss of one parking space. There is ample parking for this. We have actually got more than is required by Meridian City Code and so we are more than willing to work with staff on that and so we have no objections to having to do that if there is a need for that. De Weerd: Okay. Okay. Was there any further question or --directed to the applicant? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I didn't ask Brad on that easement common lot issue, is that of any concern to you on the easement, rather than the common lot? I understand Mr. McKinnon's point, but I thought if you had an objection he would have an opportunity to respond. Hawkins-Clark: No. I do see his point. I mean the code doesn't say if you do a common lot you don't have to do a preliminary/final plat, I mean it just says that you can only do four lots, so I think technically he's right, it would probably kick them into, you know, another process. So, I think the main thing is that if it's going to be called an amenity of this project, that if employees want to be able to go on their lunch hour to -- you know, to sit around the pond or something like that, that they have the right to actually make it over to the pond without, you know, them being blocked from getting there and so if that happens through an easement or it happens through a common lot, I think the main thing is that that right is provided to all the users of this project to enjoy the benefit of that pond. So, I think it could -- I think that could occur through an easement, as long as it was written correctly. Nary: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council ~ • July 6, 2004 Page 42 of 62 Bird: Brad, that's something that we should put in the development agreement. I really agree with you on that. I hadn't thought that, but that is such a nice amenity that everybody in there should have a chance to use it. De Weerd: Okay. And our city attorney, I'm sure, can capture those feelings in the findings. Correct? Bird: He's writing it right now. De Weerd: Okay. Anything further of the applicant? Bird: I have nothing, Madam Mayor. De Weerd: Okay. Thank you, Dave. McKinnon: Thank you. De Weerd: Is there anyone else wishing to provide testimony on this application? Okay. Well, we have -- any further comments from staff or Council at this point? Okay. I would entertain a motion to close the Public Hearing, if there is no further discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Public Hearing AZ 03-038, PFP 03-007, and CUP 03-071. Wardle: Second. De Weerd: It's been moved and seconded to close the continued public hearings for 14, 15, and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, what would you like to do? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 03-038, the annexation and zoning of 21.38 acres from C-2 to C-G zones for the proposed Mussel) Corner Subdivision and to incorporate all staff, public, and applicant testimony. Wardle: Second. Meridian City Council ~ • July 6, 2004 Page 43 of 62 De Weerd: Okay. It's been moved and seconded to approve Item 14. Is there any further clarification in regards to -- Bird: Madam Mayor? De Weerd: Yes. Bird: And also I believe in this one is where we probably should address the time of the deal. I -- and to be truthful with you, I don't have any good, clear thoughts on that. It's sitting on a very busy corner that I don't see where time restriction is a necessity myself, so I would just kind of -- if the rest of the Council and the Mayor agree, I would say that we just leave the time as normal for the zone that it is, you know. If we have to come back later and put a time limit on it, I guess we'd have to do that, but I don't see out there at that location, being busy like that, where it's going to be a hindrance of any kind. De Weerd: So, no time restrictions or -- Bird: No. No time restriction. De Weerd: Okay. Wardle: Second agrees. De Weerd: Okay. It's been moved and seconded to approve Item No. 14. Any further discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Is this the portion that the development agreement is a part of, Mr. Bird? Bird: Yes. Nary: So, wouldn't this be the place where you'd want to put something regarding the easement lot regarding the fountain? Bird: Yeah. And I believe that was all stated -- Nary: Oh. Okay. Bird: -- in the staff -- that's what I mean by it, Councilman Nary. Nary: Okay. Great. Meridian City Council July 6, 2004 Page 44 of 62 Bird: We can certainly itemize it out, but -- Nary: No. That's fine. As long as that's what was intended. Bird: I think the -- he's got it down in here, so -- De Weerd: And that would also -- is this, Mr. Attorney, where you would also note the temporary nature of the far northern access? Okay. Okay. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PFP 03-007, the request for preliminary plat, final plat of four commercial building lots on 21.38 acres for Mussell Corner Subdivision and to incorporate all staff, public, and applicant testimony. Wardle: Second. De Weerd: It's been moved and seconded to approve Item 15. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 16. Mr. Bird. Bird: Madam Mayor, I move that we approve CUP 03-071, Conditional Use Permit for Mussell Corner for a combination feed and gas -- feed store and a gas station, convenience store, and to incorporate all staff, public, applicant testimony. Wardle: Second. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Meridian City Council July 6, 2004 Page 45 of 62 Nichols: Brad, does there need to be a revised landscape plan to take into account that piece there on that corner? If I understood Mr. McKinnon's testimony correctly, then, the landscape plan for that portion would have to be revised. Hawkins-Clark: That's correct. Nichols: And would not also the -- well, at the same time they need to have some legal description for the pond area anyway, so they can do that as part of the -- Hawkins-Clark: Right. Nichols: That, as well as the AZ findings. Bird: As stated, that is added to the motion. De Weerd: And this can be passed -- okay. get to that us. Okay. We know where discussion? Mr. Berg. With the applicant's assurance that he will to find you. Okay. Is there any further Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Continued Public Hearing from June 22, 2004: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision by CMD, Inc. -south of West McMillan Road and east of North Linder Road: De Weerd: Thank you. Item 17 has been requested to continue. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we continue MI 04-005 to July 20th, 2004. Wardle: Second. De Weerd: It's been moved and seconded to continue Item 17 to July 20th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: RZ 04-005 Request for Rezone of 9.47 acres from R-4 to R-8 zone for proposed Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew Meridian City Council July 6, 2004 Page 46 of 62 Item 19: Public Hearing: PP 04-011 Request for Preliminary Plat approval of 42 single-family residential building lots and four common lots on 9.47 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew Item 20: Public Hearing: CUP 04-011 Request for a Conditional Use Permit for a Planned Development for proposed Larkspur Subdivision with request for reduction to the minimum requirements for lot size, street frontage and front and street side yard setbacks by Larkspur LLC/Ron Sargent - 2190 and 2240 South Meridian Road: Applicant withdrew De Weerd: Items 18, 19, and 20, the applicant has withdrawn this application as noted in the agenda. I do imagine we do need a motion to accept that withdrawal. Council, do I have motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the applicant's withdrawal of Items 18, 19, and 20. Wardle: Second. De Weerd: Okay. It's been moved and seconded to approve the withdrawal from the applicant on Items 18, 19, and 20. Do I need a roll call? Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 21: Public Hearing: RZ 04-007 Request for a Rezone of 10.69 acres from R- 4 to R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Item 22: Public Hearing: PP 04-016 Request for Preliminary Plat approval for 46 building lots and 1 common lot on 10.69 acres in proposed R-4, R-8 and L-O zones for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Item 23: Public Hearing: CUP 04-013 Request for a Conditional Use Permit for a Planned Development for reductions to the minimum requirements for lot area, street side setbacks and minimum street frontage for Tiburon Meadows Subdivision by Tiburon Meadows, LLC - 1450 and 1460 North Ten Mile Road: Meridian City Council • July 6, 2004 Page 47 of 62 De Weerd: Okay. Items 21, 22, and 23 doesn't object, I will open all three items I'll open these items with staff comments. • are all on the same application. If Council on RZ 04-007, PP 04-016, and CUP 04-013. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. The first application here for the rezone is -- let's see if I can -- the rezone is for the three parcels that -- today there are three parcels that are outlined there in bold. Ten Mile Road is the only public street access to this property. There are -- it's all currently zoned R-4, which . is a zone that dates back several years. The properties currently have just two uses on them. On this northerly piece there is a residence and a garage and, then, there is a church that owns the southerly piece there. The request is to rezone from R-4 to R-8 for the majority of the property and, then, L-O -- there would be two lots that would be L- O. The two lots that would be L-O are the existing church and, then, one lot that is here fronting on Ten Mile Road. There is currently a garage on that lot that would be removed. The R-4 would be the existing residence that is here on the north property and, then, the R-8 would be all of the new residential. The Comprehensive Plan designates the area with mixed-use community, so it does encourage the mix of zones. Staff does find that those three different zones would comply with the mixed-use designation. As far as the preliminary plat, the applicants proposing to construct this new loop road that comes in off of Ten Mile. The road is proposed that a reduced street section around the loop. There are -- they would have no parking allowed as you come in off of Ten Mile. That would be a 29-foot street section, but no parking on either side. And, then, as you come in about 300 feet or so, then, it would taper down to a 29-foot -- or, I'm sorry, a 33-foot street section, which allows parking on one side. So, all of the units that are proposed are detached. They are proposing smaller lots, townhouses that I think you have seen the developer Mr. Ron Sargent come through on several other projects over the last year, a similar product type that would really accommodate fine the reduced street section. The amenities for the planned development are located here in the center and they have some parking located there. There is a community building right in the center that would be a gathering place and, then, the rest of that shaded area, crosshatched area that you see there, is open green space. The access off of Ten Mile -- the church actually has two points currently and one of them is located here on the south side of the church and the other one is on the north side and the Planning and Zoning Commission recommends to you that the southerly one become just an emergency access only. The applicant Mr. Sargent has talked with Joe Silva at the Meridian fire department about that and they have agreed that a standard sort of three to four foot high gate for emergency would be appropriate there and that would basically encourage everybody to use the new public street system to come in here. If necessary, obviously, it would provide fire just one other way to get in on the south side of the church in order to come into the project. I think there is just one modification to the recommendation that we have for you and it's in the preliminary plat recommendation. On page three of the preliminary plat recommendation -- and it would be a new number ten and it pertains to these two lots that are down here in the southwest corner, these new townhouse lots. Right now they are shown to encroach actually all of the 30 foot Eight Mile easement, all of that 30 foot, including to the center line of the lateral is within these two build-able lots and so we just want to add a new Meridian City Council ~ • July 6, 2004 Page 48 of 62 condition that says they need to obtain an encroachment agreement from the irrigation district in order to do that and they would also need to work with staff on where the fence would be located in that location. The reasoning being that we don't want to allow those homeowners direct access to the Eight Mile Lateral, which is not piped. So, that would be a new item number ten. And the item number seven could actually be deleted, except for the last sentence and that regards the existing home and whether or not the garage is kept or is not kept and most of that condition is really not written as a condition, it's just background information and I think we just need the last sentence that says either the garage on Lot 1 be demolished or Lots 1 and 2 be combined into one lot or you could even just say the garage on Lot 1 shall demolished. The applicant is in agreement with that. The thinking there is not to create a new build-able lot that has just a garage as the only principle structure on it. I think those are the only two items for clarification. I think the planned development recommendation was clean and the rezone recommendation was clean. De Weerd: Brad, on your new number ten, was that discussed by the Planning and Zoning Commission? Hawkins-Clark: Madam Mayor, it was not. It was missed entirely. It's not an unusual situation, though. I think it just was an oversight. Didn't see that those two lots encroached all the way to the center of the Eight Mile Lateral. De Weerd: Okay. Any questions by Council? Okay. Is the applicant here? If you will, please, state your name and address. Sargent: Ron Sargent, 4915 West Camas in Boise and I guess I'd just like to say we are in agreement with the staff report and recommendations. I guess I'm just here just for a quick clarification. Is that -- Brad mentioned that this section of the road was going to be a 29 foot section and because it's going to be -- we are requesting L-O on either side, it, actually, has to be a 40 foot street section with a 54 foot wide right of way, so that it will be a standard local commercial I think is the qualification of that. And, then, also you mentioned that there was going to be two -- a request for two L-O lots. There is actually three. There is this one up here that he has mentioned and the church is going to retain actually what is going to be two lots. There is a lot here and, then, there is a flag lot that runs here that covers this area in here. So, the request for L-O is, actually, for three lots in that case and the existing owner are going to retain those lots, so that's just those two clarifications I wanted to make. De Weerd: Okay. Sargent: So, do you have any questions? De Weerd: Questions from Council? Nary: Madam Mayor? Meridian City Council • • July 6, 2004 Page 49 of 62 De Weerd: Mr. Nary. Nary: So, Mr. Sargent, at this particular point is that triangular piece -- is there any particular development? Isn't it just grass right now? Sargent: It's kind of a field. Weeds. And we have agreed to -- Nary: I was trying to be nice. I didn't want to say weeds, but -- Sargent: Yeah. Nary: Is there any attempt to do much at this juncture or no? Sargent: What we have agreed with the church is that we are going to sod this or hydroseed it and put sprinklers on it to create a yard area, grass area. Nary: And that green space for the development in the rear, what is that in the center? Is that like acommon -- like a gazebo or -- Sargent: Yeah. It's a building, but are going to have a restroom in there and, then, it would be a place for the homeowners to gather -- a small meeting room, basically, is what it amounts to. And, then, we are also going to plan to put a large patio area on the north side and use it for a barbecue area, gathering point. Nary: And, then, what are those two things coming out from that center building there? Sargent: Those -- parking. Nary: Parking. Okay. Sargent: Yeah. Nary: Thank you. Sargent: Okay. De Weerd: Any further questions? Okay. Thank you. Okay. Is there any further testimony on this item? Okay. Council, hearing none, would you like to close the Public Hearing? Ask any further questions of staff? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further discussion, I move that we close the Public Hearing on Items 21, 22, and 23. Meridian City Council • • July 6, 2004 Page 50 of 62 Bird: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 21 through 23. Any -- I'm sorry. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 21, RZ 04-007, rezone for Tiburon Meadows Subdivision, to include all applicant and staff comments. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item 21. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 22. Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move that we approve Item No. 22, PP 04-016, preliminary plat for Tiburon Meadows Subdivision to include all staff and applicant comments, to change item number seven to state that the garage in Lot 1 will be demolished and to add a new number ten, stating that encroachment agreement from the irrigation district will be obtained and to allow for final staff approval of fencing. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 22 with the additions to a new item ten and a change to item seven. Any further discussion? Clarification? Wardle: And a clarification of -- Bird: Two L-O lots instead of one, as stated. Hawkins-Clark: Three. Bird: Three I mean. I'm sorry. Meridian City Council ~ • July 6, 2004 Page 51 of 62 Wardle: Three L-O lots. De Weerd: Okay. Second agrees? Nary: Agree. De Weerd: Okay. Any further changes? Okay. Mr. Clark. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 23. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve CUP 04-013, Conditional Use Permit for a planned development for Tiburon Meadows Subdivision and to include all staff and applicant comments. Nary: Second. De Weerd: It's been moved and seconded to approve Item 23. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 24: Public Hearing: VAR 04-004 Request to allow a reduction from the required 5-foot interior side lot line setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Subdivision No. 5 by Capital Development /Capital Homes -1127 W. Great Basin Drive: De Weerd: Thank you. Item 24 is a Public Hearing on VAR 04-004. I'll open the Public Hearing with staff comments. Hawkins-Clark: Thank you. The applicant is requesting a variance from 11-9-1 of the Meridian City Code, which sets yard setbacks and in this case we are talking about a reduction to aside-building setback. The subject lot is within Baldwin Park Subdivision No. 5. It's located right here. The main entrance off Linder Road to Baldwin is here, so -- and it's near -- it, actually, abuts the common area lot in the center at the terminus of that entry road. The applicant is seeking the request because of the footings for this Meridian City Council • • July 6, 2004 Page 52 of 62 building lot had already been -- are already in, they are stating that to move or rebuild the home would be difficult and that as it was planned and as built site plans show that the structure could have met all the required setbacks if it was in the proper location. They cannot do any lot line adjustments, because the property adjacent, as this shows -- well, I guess this doesn't show the property adjacent, but the property adjacent has the minimum five-foot yard setback, so they cannot shift that property. And, again, we are talking about this corner of the house right here, which is four feet two inches from the property line. So, they are ten inches into the side yard setback. There have been a few instances like this in the past where the city has received a request for variances. The main consideration I think here is what are the required findings that the code says you have to meet in order to grant a variance. There are five of them that you need to consider, everything from a hardship to would it cause any public health welfare concerns if it was granted, et cetera, things like that. In this case certainly I don't think anybody's arguing that it wasn't a mistake. The application pretty clearly states that it was and since they don't seem to have any other remedies, other than ripping up the foundation and moving it back, they are coming to you to seek a variance on this matter. So, you did receive athree-page memo from Craig Hood in our office that basically outlines what the findings are, states that there is now extra property, but since we are unable to make all of the required findings, we are recommending denial. And that's, I think, all I have from staff. De Weerd: Thank you, Brad. Any questions for staff at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant -- and I don't believe I saw you when I swore everyone in, so if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Yorgason: Yes. De Weerd: Thank you. Please state your name and address. Yorgason: John Yorgason, 6200 North Meeker Place in Boise. De Weerd: Okay. Yorgason: As Brad mentioned, Madam Mayor and Council, most of his comments I will have to agree with as he stated, although a point of clarification. The home actually is complete at this time. At the time -- maybe give you a little brief history of the course of happened. Back in early March is when we started the home and we followed the process of submitting the plan as he had indicated. The plat that we had applied for was approved and, actually, the home would have fit. The lot lines, actually, are not parallel on the side and that really indicates as to why we had this problem. The contractor that we have, he's here with me today, did set the foundation according to the property line you see there on the right-hand side and the intent was, actually, to have Meridian City Council • • July 6, 2004 Page 53 of 62 the home set in orientation towards property line on the left. That simple mistake was just enough to cause this issue. We did follow the process of having the inspector come out and we received an approval to continue. At that point, through the course of construction, there is -- the building of the home and property lines aren't looked at until the landscaper showed up and he string lines to set his sprinkler lines, about the same time the builder next door had started his home also and, of course, as indicated by staff, they are right on the five foot property line also. So, we had looked into that option and discussed with Craig doing a lot line adjustment, but there really isn't any room because of the home next door. We have talked with, of course, that builder and we have talked with a property owner across the street and neither of them have indicated any concerns as indicated in the staff report. We noticed that it looks like no complaints have been received by the city. One of the things, I guess, we are taking from this is that I will be on my job sites to inspect the footings and my contractor, we had a discussion this morning, he actually will, even after inspection, re-verify all of his footings just to make sure that things are proper before we actually place the concrete. This wasn't intentional and it was just a simple mistake and we are just asking for an approval to help remedy the situation and to help reduce any impact that might have, as staff indicated. The only thing I could tell from Craig's report is that we didn't meet the requirement of geographical or physical reason for a variance, but he did indicate in that same paragraph -- I believe he says here that it would inhibit the construction of the home to have to remove or reconstruct the home and so we are asking for your approval. I will stand for any questions. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got a couple, seeing how the other house is built up to their five foot. believe by -- I see from our deputy chief in the fire department that he don't address this, but I believe we have a law that you got to be five feet from your property line and, if not, you have got to do some certain areas with -- like your windows -- you got any windows on that side? Yorgason: We have one window that actually is -- as you can see on the floor plan of the home they are about halfway back on the left-hand side there is a bathroom and there is a small four foot wide by one foot window. Bird: We have -- I have ran into this -- not in Meridian very much. I have in Boise a lot and they have always had to put what is called a fire resistant glass, like wire glass in part of your deal. I have got a question for the chief on the fire. Maybe Meridian don't require this. That's the only problem I see is when you get so close that the five foot is for fire prevention more than anything else and I don't know if we have got that in our code or not. We should have. We got the International Code. Meridian City Council ~ • July 6, 2004 Page 54 of 62 De Weerd: Kenny? Bowers: Madam Mayor, City Council, Councilman Bird, I -- honestly, I don't know what the new code says. I don't know if the International Code is any different from the Uniform Fire Code on that five foot, but I would think that just off the top of my head that they would be the same, that there would have to be five feet. De Weerd: Now, do I understand that that only touches in one spot? Yorgason: Yeah. The home actually -- this dimension we put on here is about 52 feet. That is approximately where the home begins to encroach. The front corner, actually, we are approximately about five foot ten inches and back here we are encroaching that ten inches. We had talked with -- if I may address the comment or the question by Councilman Bird. We talked with Daunt Whitman, the building official, and he had indicated to us that there were no building code concerns that he knew of for the home being as it is. De Weerd: But would that necessarily, Chief Bowers, include any fire -- any specialized fire requirements? Would the building official be able to respond to that? Bowers: Madam Mayor and City Council Members, I can only think of one place we did this in the past and it was atwo-story apartment deal right over here somewhere. I'm not sure that we have ever done it in any other residential home or anything. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to point out I believe it is Daunt Whitman's comments from the building department that the building code would not require any change to the type of construction. If it was less than three feet it would, then, need to be fire resistive construction, are his comments dated June 15, 2004. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I had a couple of comments. One was, Brad, I don't know if you were the planner on that, but we had a request for a variance and I can't recall of the encroachment was actually over the property line and they built the house on it anyway or whether or not it was just into the setback and that was probably about a year ago and I don't recall if you were the planner on that or if you recall that circumstance and whether it was similar to this or not. Because, again, I don't recall if it was over the property line. I think that's what it was, but I don't remember. Hawkins-Clark: Bear Creek that we are recollecting. There was one in Bear Creek. Nary: I think Mr. Nichols -- Meridian City Council • • July 6, 2004 Page 55 of 62 Nichols: Madam Mayor, Members of the Council, there was a -- I think it was in Packard Estates and the problem there was it was a ten foot side yard setback and there was a bump out on the second story, which encroached into that ten foot side yard setback. This was before you changed the ordinance to reduce the side yard setback minimums to five feet and in that particular one there were too many variables and complications in terms of he had agreed to do a boundary line adjustment with the neighbor, but didn't get anything in writing, didn't get it recorded -- I mean it was just a -- we had all kinds of issues there. Nary: The circumstance was a little different than this. I guess that was my concern is that we had -- I didn't want to do something differently than we had already established previously, but it appears to be the circumstances here are different enough if we were to do that. Nichols: Madam Mayor, Council Members, in that one the builder added the bump out on the second story after the plans were approved and, as I understand the testimony, the building inspector gave the go ahead to this building and so the framing was approved, different things were approved, and it was the applicant who discovered the discrepancy with the distance and brought it forward to the city. Nary: At the point when the discrepancy was discovered what was the stage of the house at that point? Yorgason: Madam Mayor and Mr. Nary, the home was -- about that time had carpet inside, so, essentially, it was nearly complete. Nary: Okay. So, I -- because I notice in the report it said it was a matter of, essentially, tearing out the footings, but at that point it really wasn't just a matter of tearing out the footings, it was tearing apart the house. Yorgason: Correct. Nary: Okay. All right. Thank you. De Weerd: Thank you. Any further questions? Thank you. Is there anyone else who would like to provide testimony? Okay. Council, any further questions or comments? Hawkins-Clark: Madam Mayor? De Weerd: Yes. Hawkins-Clark: If I could just point out, we did also, besides the comment on the building official that was received into the record, there was a written memo from Deputy Chief Silva that the third item, basically, says to comply with the International Building Code and so I just wanted to point out that we did receive that in the record and Meridian City Council • July 6, 2004 Page 56 of 62 he's agreeing with the building official that IBC should be followed. So, really, you have a difference here between what the zoning ordinance setbacks are and what IBC says. De Weerd: Thank you. Okay. If there is nothing further, I would entertain a motion to close this Public Hearing. Bird: So moved. Wardle: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any further information needed or discussion? Hearing none, is there a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I said this before. I know this has happened, this does happen, it's easy to happen. It isn't the first one -- the first time that it's been done and I'll guarantee you it won't be the last. Saying that, I would move that we approve the variance 04-004 for Baldwin Park Subdivision, Lot 6, Block 11. Wardle: Second. De Weerd: Okay. It's been moved and seconded and probably should be clarified that even though it's probably been done before and it probably will happen again, we are not encouraging it. Bird: We are not encouraging it. Nary: Please don't do it again. Bird: Not in Baldwin Park at least. De Weerd: Is there any further discussion? Okay. Hearing none, Mr. Clerk. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council ~ • July 6, 2004 Page 57 of 62 Item 25: Water, Sewer, & Trash Delinquencies: De Weerd: Thank you. Okay. Item 25 is our delinquency list. 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, July 6, 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 July 7th, 2004, unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer, and trash delinquency? Hearing none -- you know, Brad, I guess I see a number of schools on this list. Is there a reason for that? I'm sure you know the answer. Watson: Madam Mayor, the only possible insight I could give to this is that it's probably similar to commercial accounts where their billing cycle doesn't quite coincide with our -- or their invoicing cycle doesn't quite match up with ours. It's like most other bureaucracies, it takes a little while to get the PO made and -- I think they always pay, they are just a little bit behind. De Weerd: Okay. Didn't mean to specifically point that out for any reporters who might be sitting in the room. I just had that question. Okay. Well, hearing no response, 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 $20,074.52. As you have all seen via a-mail, there is a new procedure they are trying on this delinquency turn off, for those that are turned off, if you have any questions do feel free to call Stacy tomorrow in case you might get phone calls tomorrow night after hours. Do I have a motion to approve the turn-off list? Please. Are you guys on here? Mr. Bird. Bird: Madam Mayor, I move that we approve the water, sewer, and trash delinquency turn-off list for the amount $20,074.52. Nary: Second. De Weerd: Thank you. All those -- I'm sorry. Is there any further discussion? Would you like to -- Nary: I was going to say, our friends in the media, they can have the list when we done looking at it, but -- De Weerd: Will, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council ~ • July 6, 2004 Page 58 of 62 Item 26: Ordinance No. AZ 04-003 Request for Annexation and Zoning of 16.73 acres from RUT to R-8 zones for proposed Jaydan Village Subdivision by Packard Estates, LLC - 5325 West Ustick Road: Item 27: Ordinance No. RZ 04-002 Request for a Rezone of 7.48 acres from L-O to R-15 zones for proposed Rock Creek Subdivision by Treasure Valley Development -east of North Linder Road and south of West Pine Avenue: Item 28: Ordinance No. AZ 04-006 Request for Annexation and Zoning of 3.06 acres from RUT to L-O zones for proposed Southstone Subdivision by Pinnacle Engineers, Inc. -northeast corner of South Eagle Road and East Girdner Lane: Item 29: Ordinance No. AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: De Weerd: Thank you very much. Okay. We have four ordinances that I will ask the clerk to read by title only. Ordinance 04-1084, Ordinance -- on Item 27 is 04-1085, Item 28, 04-1086, and 29 is 04-1087. Mr. Clerk, will you, please, read these ordinances by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 04-1084, an Ordinance finding that Vake Land Holdings, Inc., an Idaho corporation and the owner of certain real property generally located on the south side of Ustick Road, approximately one quarter mile west of Black Cat Road, Meridian Idaho, to be known as Jaydan Village 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 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. 04-1085, I believe. An Ordinance finding that the owner Fiscal Funding Company of San Francisco, California, for certain real property has made a request -- a written request for rezone of the zoning classification for real property located on the south side of Pine Avenue approximately 1,200 feet east of Linder Road within Section 12, Township 3 North, Range 1 west, Meridian, Idaho, that lies within the boundaries of the City of Meridian from L-O, Limited Office District Zoning District, to R- Meridian City Council ~ • July 6, 2004 Page 59 of 62 15, Medium High Density Residential District as defined under Meridian Code Section 11-7-2-D, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said rezoning designation to the official maps of the City of Meridian, Idaho. Berg: Ordinance No. 04-1086, an Ordinance finding that William J. Lewis, III, and Sherry S. Lewis and Evans Construction Management Company, Inc., the owners of certain real property generally located at the northeast intersection of Eagle Road and Girdner Lane, approximately one half mile north of the northeast intersection of Eagle Road and Victory Road in Meridian, Idaho, to be known as Southstone 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 Limited Office District (L-O) 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: And Ordinance No. 04-1087, an Ordinance finding that Robert and Marlene Rhead and George and Betty Boyack, the owners of certain real property generally located within Section 30, Range 4 north, Range 1 east, the square mile bordered by Chinden Boulevard, Meridian, Locust Grove, and McMillan Roads, Meridian, Idaho, to be known as Saguaro Canyon Estates Subdivision and 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 Low Density Residential District (R-4) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, 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. De Weerd: Thank you, Mr. Clerk. Is there anyone in the audience who would like to hear any of these four ordinances read in its entirety? Hearing none -- Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council ~ • July 6, 2004 Page 60 of 62 Nary: Madam Mayor, having all the ordinances having been read by title only, I would move to approve Ordinance No. 04-1084, annexation and zoning for Jaydan Village Subdivision, Ordinance No. 04-1085, rezone Rock Creek Subdivision, Ordinance No. 04-1086, annexation and zoning for Southstone Subdivision, and Ordinance No. 04- 1087, annexation and zoning for Saguaro Canyon Estates Subdivision and would wave the rules pursuant to Idaho Code. Bird: Second. De Weerd: Mr. Nary, Ordinance 04-1086 is for Southstone Subdivision and 04-1087 is for -- no, you were on -- Bird: That's what he said. De Weerd: No. Nary: Do we need to go to the tape? 04-1086, annexation and zoning for Southstone Subdivision and Ordinance No. 04-1087 for Saguaro Canyon Estates Subdivision. De Weerd: Thank you, Mr. Nary. Bird: Second agrees. De Weerd: Okay. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 30: Executive Session per Idaho State Code 67-2345 (1)(f): De Weerd: Thank you very much. Item No. 30. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Just one second before we do that. I would like to echo the comments from Mr. McKinnon earlier that Silverstone has been a tremendous project for the city and a tremendous asset and I know a lot of the heavy lifting was done by the folks -- some of the folks that were here tonight, like Mr. Hawkins-Clark and Chief Musser and Mr. Watson and Mr. Nichols and I do think they, as well as all the others that helped get that project to where it is today deserve to be commended, so I appreciate Mr. McKinnon of advising us of that and I thank all of them for all that work. That being said, I would move that we go into Executive Session pursuant to Idaho Code 67-2345(1)(f). Meridian City Council July 6, 2004 Page 61 of 62 Wardle: Second. De Weerd: Okay. There has been a motion and a second. I would like to ditto the comments by Councilman Nary and if you would, please, tell your respective staff about the comments by Council and the appreciation -- certainly would appreciate you passing that on. Okay. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. De Weerd: Okay, it's been moved and seconded to come out of Executive Session. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I would entertain a motion to adjourn. Bird: So, nothing was decided in Executive Session. De Weerd: I was told I didn't have to say that. Bird: Oh, you don't? De Weerd: There were no decisions made as usual. Bird: As usual. Wardle: Madame Mayor. De Weerd: Mr. Wardle. Wardle: I move we adjourn the meeting. Nary: Second. De Weerd: It's been moved and seconded to adjourn. All those in favor say aye. Meridian City Council July 6, 2004 Page 62 of 62 MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:58 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) :, MAYO TAMM €ERD ,,,~~~~13111111f111~f~ J~ ATTEST: ~~,•t~y QF ~E/a.~,fl®~~~,%,~ +,~~ V~ \~C,p'RPORq ~~ ~~i ~' WILLIAM G. BERG, JR, I CLE~tK F ~I' ~, :~'~~-~Q ~~T 1ST ~ ~p'o .~~ ~~.. / 27/ ~~ DATE APPROVED ~ ~ July 2, 2004 AZ 04-008 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Larry Hellhake ITEM NO. REQUEST Continued from June 22, 2004 -Findings -Request for annexation and zoning of 5.22 a zones for Magic View Court - 2855 Magic View Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached 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 U~ Y~ CENTRAL DISTRICT HEALTH: _ I ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Date: Phone: y~ Emailed: Staff Initials: Materials presented at pubNe meeiinys ahaU become properfy of the City of Meridian. -~i,~ • JUN?42004 y,c.;~ c~~'~1~1.3dia~1 4~zLy (:lt~r•k Office WHITE PETERSON ATTORNEYS AT LAW KEV[N DMlus JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, Iu T. GUY HALLAM *• JILL $. HOLINKA Jorua R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICHOLS ** CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466A272 FAx (208) 466405 CHRISTOPHER $. NYE PHILIP A. PETERSON Tonn A. ROSSMAN TERRENCE R. Ww'rE*** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA June 22, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: LARRY HELLHAKE /ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-04-008 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 8, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meetln~, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should Granting Application for Rezone are adopted. Additionally, I have enclosed a Summa Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Coun at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yo _, ~G~ I m. 1 ols Z:\Work\M\Meridian\Meridian 15360M\Magic View Court AZ-04-008\FFCL DEV AGMT ORD Clerk Ltr 06 22 04.doc ~ ! BEFORE THE MERIDIAN CITY COUNCIL C/C 06/08/04 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 5.22 ACRES FOR PROPOSED MAGIC VIEW COURT SUBDIVISION FROM RUT TO C-G, LOCATED ON THE SOUTH SIDE OF MAGIC VIEW DRIVE, WEST OF ALLEN STREET IN MAGIC VIEW SUBDIVISION, APPROXIMATELY 900 FEET WEST OF EAGLE ROAD/SH 55, PHYSICAL ADDRESS IS 2855 E. MAGIC VIEW DRIVE, MERIDIAN, IDAHO LARRY HELLHAKE, APPLICANT Case No. AZ-04-008 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 June 8, 2004, at the hour of 7:00 p.m., and Steve Siddoway for the Planning and Zoning Department, Larry Hellhake, Jonathan Seel, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDNISION (AZ-04-008) PAGE 1 OF 14 • 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 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 as described in the application, is approximately 5.22 acres in size and is located on the south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately 900 feet west of Eagle Road/SH 55, the physical address is 2855 E. Magic View Drive, 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. 4. The owner of record of the subject property is Robert B. and Kathleen E. Barnes are the current property owners and Mr. Barnes has submitted notarized consent for the subject application. Applicant is Larry Hellhake of Eagle, Idaho. 5. The property is presently zoned RUT (Ada County), and consists of pasture land and a residence, 6. The Applicant requests the property be zoned as C-G (General Commercial). 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 2 OF 14 • Service Planning Area as defined in the Meridian Comprehensive Plan. The Applicant has not submitted any development application or plans at this time. A development concept was submitted to demonstrate a potential lot configuration for future platting/development. 9. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Commercial. 10. There are no significant natural features that affect the consideration of this application. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department, as modified by the Commission as follows: 1. The legal description, stamped approved by the Public Works Department on March 18, 2004, meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. 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. 4. Any future development of this property shall comply with the International Fire Code or the fire code adopted by the City of Meridian at the time of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 3 OF 14 • B C. 5. The applicant shall submit all future site plans to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). 6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development plans and submit stamped (approved) plans with the Certificate of Zoning Compliance application. 7. As long as the existing residence continues under its same use, the use is not changed, or the building is not modified in any way, they may continue to use the current septic and well system. Adopt the Ada County Highway District's report dated April 13, 2004, which lists site- specific requirements, conditions of approval and street improvements, which are required. Adopt the action of the City Council taken at their June 8, 2004 meeting as follows: For clarification: The nine uses listed in Jonathan R. Seel's May 25, 20041etter for the C-G zone shall be required to be processed as conditional uses. The nine uses are as follows: 1) Truck Stop 2) Contractors Yard 3) Equipment -heavy farm, etc. (sales and repair) 4) Lumber Yards 5) Auto Repair Shop 6) Drive-In Establishment (drive-thru windows will be permitted) 7) Entertainment Center -Outdoor 8) Sales Lots 9) Outdoor Storage Facility 12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Commercial.' The purpose of this designation is to "provide a full range of commercial and retail to serve area residents and visitors. Uses include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 4 OF 14 • • (See Chapter VII, pg. 99.) The requested C-G zoning generally conforms to this stated purpose and intent of the `Commercial' designation. There may be some allowable uses in the C-G zone that could be inappropriate for this lot since it does not have frontage on either a collector or arterial, but the general intent and purpose is compatible and is consistent with the other lots in Magic View Subdivision that have already been annexed. Mr. Hellhake listed several specific Comprehensive Plan policies that he felt supported the annexation (see #7, pg. 2 of the application). Items #7.A and 7.B do not directly relate to this annexation. However, Items #7 C - E are relevant and staff agrees that these policies are applicable to this application. 13. It is not anticipated that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan does demonstrate an intention to have it annexed and zoned as different from the present zoning designation (RUT-Ada County). 14. The applicant has no immediate plans or formal plat application explaining how the property will be developed at the time of annexation. It is found that the property has sufficient buildable area to develop in a manner allowed under the proposed C-G zoning. In addition, the conceptual layout submitted with the exhibit demonstrates one of several configurations in which the lot could be re-developed. The property is an existing rural residential use that is transitioning to commercial type uses. 15. The general vicinity of this prof ect is in transition from low density residential uses to commercial/urban type uses. Developments to the east and northeast in close proximity to the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 5 OF 14 • lot include Texaco and Chevron fuel stations and convenience stores, a credit union and bank, a 30,300 sq. ft. multi-tenant office building, Subway and medical/clinical services. Two new hotels are currently under construction to the south. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately 1/4 mile to the west that connects with Magic View Drive and is largely built-out at a medium density. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 16. No specific uses are proposed with this application. However, it is found that any future uses, if designed, constructed and operated in accordance. with adopted city ordinances, should be harmonious and appropriate in appearance with the existing character of the Magic View Subdivision area. The Comprehensive Plan envisions the north side of Magic View Drive, adjacent to Greenhill Estates Subdivision, to be office type uses and the south side of Magic View Drive to be more intense, commercial type uses. The zoning change to C-G would fit within the character of this plan. 17. It is found that the intended uses on the subject property should not be hazardous or disturbing to existing or future neighboring uses if all development and landscape buffer ordinances are exercised. 18. It is found that both municipal water and sanitary sewer service are available to the subject property. ACHD staff approved the proposed application in April. Meridian Fire, Police and Parks Departments were represented at the Comments Meeting held in April for this application and provided comment that services could be provided. Sanitary Service Company (SSC) currently provides service to adjacent properties in the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 6 OF 14 • 19. If approved, the developer will finance the future extension of sewer, water, utilities and irrigation services to serve the project. The primary public costs will be fire and police services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning alone will not be detrimental to the community's economic welfare. 20. It is found that any future commercial use will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use. The purpose of the C-G zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building." As such, it is not anticipated that future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require a Conditional Use Permit or some written commitment-for all future uses to more fully comply with this finding. That being said, it is not believed a Development Agreement is necessary given the location (internal to a subdivision and not on an arterial), limited size and developable area of the subject lot. 21. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application, which must be reviewed and approved by ACRD. The concept plan submitted with the application shows a single point of access on to Magic View Drive. Standards for future driveway offsets will be determined by ACRD policy. It is found that the property can be designed to not create significant interference with traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 7 OF 14 i C~ 22. It is found that the proposed annexation will not result in the destruction, loss or damage of natural features. There are a few mature trees that should be protected around the existing residence. However, the area intended for future development appears to be void of significant existing trees. 23. It is found that the annexation of this property would be in the best interest of the City for the following reasons: • increased commercial land base available to future developers and commercial uses; • increased property tax revenue; • the application substantially complies 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. 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 vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 8 OF 14 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-3 82. 4. The following is found to be a pertinent provision of the City of Meridian Comprehensive Plan and is applicable to this Application: Chapter VII, pg. 99 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-G) General Retail and Service Commercial: 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 9 OF 14 • 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. 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 5.22 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 5.22 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 MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 10 OF 14 • A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department, as modified by the Commission as follows: The legal description, stamped approved by the Public Works Department on March 18, 2004, meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. 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. 4. Any future development of this property shall comply with the International Fire Code or the fire code adopted by the City of Meridian at the time of construction. 5. The applicant shall submit all future site plans to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). 6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development plans and submit stamped (approved) plans with the Certificate of Zoning Compliance application. 7. As long as the existing residence continues under its same use, the use is not changed, or the building is not modified in any way, they may continue to use the current septic and well system. B. Adopt the Ada County Highway District's report dated April 13, 2004, which lists site- specific requirements, conditions of approval and street improvements, which are required. C. Adopt the action of the City Council taken at their June 8, 2004 meeting as follows: For clarification: 1. The nine uses listed in Jonathan R. Seel's May 25, 2004 letter for the C-G zone shall be required to be processed as conditional uses. The nine uses are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 11 OF 14 1) Truck Stop 2) Contractors Yard 3) Equipment -heavy farm, etc. (sales and repair) 4) Lumber Yards 5) Auto Repair Shop 6) Drive-In Establishment (drive-thru windows will be permitted) 7) Entertainment Center -Outdoor 8) Sales Lots 9) Outdoor Storage Facility 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 12 OF 14 • • 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: ~- ~ '0¢ MOTION: APPROVED: DISAPPROVED: Mayor T y Weerd ~vttest: ,~ ~~wo~ T William G. Berg, Jr., Ci C rk = _ 9~'' '`°pM C? 94 UsT ~s~c ~ •~ ,~~~ \, . ,f~ 9 ~ ~P FINDINGS OF FACT AND CONCLUSIONS Off' LA~V AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 13 OF 14 s Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: /~~~ Dated: ~ ' ~ ' Q ~' City Clerk Z:\Work\M\Meridian\Meridian 15360M\Magic View Court AZ-04-008\AZFfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION (AZ-04-008) PAGE 14 OF 14 ~ ~ July 2, 2004 RZ 04-006 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT Sutherland Farm, InC. ITEM NO. • REQUEST Findings -Request for a Rezone of 16.1 acres from R-4 to R$ zones for proposed Sutherland Farm Subdivision No. 4 -east of South Eagle Road and north of East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ~~ ,~~ ~ `:~ COMMENTS t-~el~a From sieve s. See attached Findings ~' I ' ~ Date:' J ~ t;, d ~ Staff Initials: ~~ at pubNc meeiin~s shall become properly of the City WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DINIUS WHITE PETERSON, P.A. CHRISTOPHER $. NYE JULIE KEEIN FISCHER IDAHO CENTER CANYON PARK AT THE PHILIP A. PETERSON CHRISTOPHER D. GABBERT ' ^ 5700 E. FRANKLIN 1.W., SUITE 200 TODD A. ROSSMAN WM. F. GIGRAY, III NAMPA, IDAHO 83687-7901 TERRENI:E R. WHITE "' T. GUY HALLAM " TEL (208) 466-9272 JILL S. HOLINKA KORMANIK * JOHN R FAX (208) 466-4405 ' Also admitted in CP . WILLIAM A. MORROW F N ** W '~ °+f " " Also admitted in OF ~ ' Also admitted in W. ~ ILLIAM . ICHOLS _e _.; , ? ~ June 22, 2004 1 ~ ~ ~ ~ ZQ~4 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL <;1~, ~)f 1~IeI-iti,sJ~ 33 East Idaho (amity L lcrk Office Meridian, Idaho 83642 Re: SUTHERLAND FARM, INC. /REZONE FINDINGS /FIRST AMENDMENT TO DEVELOPMENT AGREEMENT /REZONE ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-04-006 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of June 15, 2004, and which are on an upcoming agenda. I have also attached the original of the First Amendment to Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meeting of which this matter will be heard, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the First Amendment to Development Agreement to the owner(s) and/or developer(s) for signatures. Also, please find enclosed the above Rezone Ordinance and the Certification of the Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nicho s Z:\Work\M\Meridian\Meridian I5360M\Sutherland Farm Subdivision No. 4 RZ-04-006 PP-04-009 CUP-04-009\FFcI RZ Ord Berg Ltr 06 22 04.doc • • BEFORE THE MERIDIAN CITY COUNCIL C/C 06/08/04 C/C 06/15/04 IN THE MATTER OF THE APPLICATION FOR REZONE OF 16.1 ACRES FROM R-4 TO R-8 ZONE FOR SUTHERLAND FARM SUBDIVISION N0.4, LOCATED APPROXIMATELY 1/Z A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO SUTHERLAND FARM, INC., APPLICANT Case No. RZ-04-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled rezoning application having come on for public hearing on June 8, 2004, and continued until June 15, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 1 OF 14 • 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 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 rezone as described in the application, is approximately 16.1 acres in size and is located approximately %z a mile south of Overland Road on the east side of S. Eagle 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. 4. The owner of record of the subject property is Sutherland Farm, Inc, and they have submitted notarized consent for the subject application. Applicant is Sutherland Farm, Inc. 5. The property is presently zoned R-4, and consists of agricultural land and was part of the previously approved Sutherland Farms project. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 7. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development. 8. The Applicant requests zoning of the subject real property as R-8. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Medium FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 2 OF 14 • Density Residential/Mixed-Use Community. 9. There are no significant or scenic features, or no significant existing trees, of major importance that affect the consideration of this application. 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. The existing Development Agreement shall be amended to include all conditions of approval for the proposed plat and conditional use permit. B. Adopt the report of the Ada County Highway District dated April 2, 2004 which report lists site-specific requirements, conditions of approval and street improvements, which are required. C. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 3 OF 14 • 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 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. £ 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 radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. ~ ,• ,,.,,, >;ao ~~„~, _~~..oo+ +„ +,,o ,.,,..o..~.> *„ +~o .!~ w ...... 1:.~.,t.....~ ~., ..... FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 4 OF 14 • ~~•~°~*~°°°*~„^~-*'~ ~~^~~*'~' The two entrances shall be separated by no less than `/2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: 1. To .increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. H. The Applicant shall also be required to comply with the corresponding Preliminary Plat and Conditional Use Permit requirements, for Case No. PP-04-009 and CUP-04- 009. 11. It is found that the requested R-8 zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as Medium Density Residential. Medium density is defined as 3 to 8 dwelling units per acre. The proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 5 OF 14 i • project has a gross density of 4.9 units per acre and net density of 6.5 units per acre. (Note: The application states that the net density is 9.5 units per acre, but this calculation excludes all open space). 12. It is found that the proposed re-zone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. 13. It is found that the applicant has submitted development plans for a new plat and Conditional Use Permit for the property. If the proposed CUP is granted, the plat will be allowed as proposed. 14. It is found that the City's Comprehensive Plan has provided the applicant with the ability to request the R-8 zone for the subject property. The area was originally zoned R-4 with the prior annexation. It is felt that an R-8 zone is more appropriate for the densities requested by the applicant for this project. 15. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood and intended character of the area. The proposed project is surrounded almost entirely by other phases of the same subdivision. 16. It is found that the requested rezone should not be disturbing to existing or future neighboring uses. To the east and south are other residential phases of Sutherland Farms. To the west are office lots and to the north, across the Ridenbaugh Canal, is Silvertone Subdivision. 17. It is found that the proposed uses can be adequately served by all essential public services and facilities. Drainage will be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO.4 (RZ-04-006) PAGE 6 OF 14 • 18. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 19. It is found that the proposed R-8 zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 20. It is found that the proposed R-8 zoning will not interfere with general traffic patterns on any public streets. Refer to the revised ACHD staff report for a full report on the traffic issues. 21. It is found that there are no existing mature trees on the site. The applicant has submitted an original boundary/topo map that shows original tree cover and none are found on the subject property. 22. It is found that the proposed rezone would be in the best interest of the City. The proposed R-8 zone is more in harmony with the character of the proposed subdivision. 23. 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. 10 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. 24. It is also found that the development considerations as referenced in Finding No. l0are 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 7 OF 14 • order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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 zoning of (R-8) Medium Density Residential District is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO. 4 (RZ-04-006) PAGE 8 OF 14 i • systems of the City is required. 5. 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). 6. 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. 7. 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 required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 16.1 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 16.1 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 9 OF 14 • annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: 1. The existing Development Agreement shall be amended to include all conditions of approval for the proposed plat and conditional use permit. B. Adopt the report of the Ada County Highway District dated Apri12, 2004 which report lists site-specific requirements, conditions of approval and street improvements, which are required. C. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION NO. 4 (RZ-04-006) PAGE 10 OF 14 • 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Meridian Fire Department as follows: One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. ~e ...1;...x„4 ~,L..,11 .. .:rlo .~ ~.~.,t, ~.4voo+ +„ ~l,o r ...o,-F., +„ 4t,o l.:,oo~~n.~a*~,,,,,-klzLa~,stlzl_. The two entrances shall be separated by no less than %2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 11 OF 14 • 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. H. The Applicant shall also be required to comply with the corresponding Preliminary Plat and Conditional Use Permit requirements, for Case No. PP-04-009 and CUP-04-009. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 12 OF 14 • ~ AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which 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 ~~~~ , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND 7,ONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) b ~~ day of VOTED ~ VOTED--~~~-- VOTED ~~'~~"~ VOTED-~~~ PAGE 13 OF 14 s MAYOR TAMMY de WEER`D~~(TIE BREAKER) DATED: 7- ~ r~`T MOTION: APPROVED: DISAPPROVED: Attest: ``\``,~~~,,,....~ ,,,,,~ ,l ~ ', `C~ TccO William G. Berg, Jr., City erk -r~ ~~ '~ 9d UST 1s'~ ~, .~ Copy served upon Applicant, the Planmf~ the City Attorney. ~'''`5,;,»r,r ,,,,E~~~;'`~~~~ VOTED Public Works Department and W~ By: Dated: ~ " ~" ~ 4 City Clerk Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm Subdivision No. 4 RZ-04-006 PP-04-009 C[JP-04-009\1tZFf~1&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SUTHERLAND FARM SUBDIVISION N0.4 (RZ-04-006) PAGE 14 OF 14 • • July 2, 2004 PP 04-009 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Sutherland Farm, Inc. ITEM NO. • REQUEST Findings -Request for Preliminary Plat approval of 79 single-family residential building lots and 8 common lots on 16.1 acres in proposed R-8 zone for proposed Sutherland Farm No. 4 - east of South Eagle Road and north of East Victory 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: Contacted: Emailed: ~Zp from S~ Svc 5. See attached Findings ~~~~. Staff Initials: _ at pubNc meetit~s shall become property of the ~ y., • ~~ . ,~ ~ ~ ~ iF~ ! ~E ~ o-+ ~i7~i ,..,; ~ ,, ,~~ic;~ interoffice ~ ~ ~ `" MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Sutherland Farm Subdivision No. 4 File: PP-04-009 Date: June 22, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 15, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm Subdivision No. 4 RZ 04-006 PP-04-009 CUP-04-009\BergPrePlatMEMO 06 22 04.doc • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/08/04 C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SUTHERLAND FARM SUBDIVISION N0.4 FOR 79 BUILDING LOTS AND 8 COMMON LOTS ON 16.1 ACRES LOCATED APPROXIMATELY 1/Z A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGEL ROAD, MERIDIAN, IDAHO Case No. PP-04-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: SUTHERLAND FARM, INC., APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on June 8, 2004 and continued until June 15, 2004, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, appeared and testified, and the City Council having received a report from Steve Siddoway for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "PRELIMINARY PLAT SUTHERLAND FARM N0.4, LYING IN THE SW'/, SEC. 21, T.4N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11967PP1, PROJ. #: GAL\11967, DRAWING NO.:, DRAWN BY: B.A.K., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 1 of 13 • DESIGN BY: B.A.P., CHECKED BY: G.A.L., LAST UPDATED: 06/15/04, SHEET 1/OF 3, HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 15 2004 CITY OF MERIDIAN CITY CLERK OFFICE, SUTHERLAND FARM, INC. - OWNER/DEVELOPER, J-U-B ENGINEERGS, INC. -ENGINEER", Sutherland Farm, Inc., Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-4, however, an application for re-zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the subdivision appears to be in conformance with the Comprehensive Plan. 3. It is determined that Urban Services can be made available to accommodate a portion of the proposed development. The developer will be installing sewer, water, local street infrastructure, utilities and irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 2 of 13 i • 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development, as the improvements will be funded and constructed by the developer. Because the developer is installing sewer, water, local street infrastructure, utilities and irrigation. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. It is found that the development will not require major expenditures for supporting services. It is found that the City and its related services are capable of servicing the proposed development. ACHD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. 6. There are no significant existing trees that affect the consideration of this application. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "PRELIMINARY PLAT SUTHERLAND FARM NO. 4, LYING IN THE SW'/, SEC. 21, T.4N., R.IE., B.M., MERIDIAN, ADA COUNTY, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 3 of 13 • IDAHO, CAD FILE: 11967PP1, PROJ. #: GAL\11967, DRAWING NO.:, DRAWN BY: B.A.K., DESIGN BY: B.A.P., CHECKED BY: G.A.L., LAST UPDATED: 06/15/04, SHEET 1/OF 3, HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 15 2004 CITY OF MERIDIAN CITY CLERK OFFICE, SUTHERLAND FARM, INC. - OWNER/DEVELOPER, J-U-B ENGINEERGS, INC. -ENGINEER". 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 "PRELIMINARY PLAT SUTHERLAND FARM N0.4, LYING IN THE SW '/, SEC. 21, T.4N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO, CAD FILE: 11967PP1, PROJ. #: GAL\11967, DRAWING NO.:, DRAWN BY: B.A.K., DESIGN BY: B.A.P., CHECKED BY: G.A.L., LAST UPDATED: 06/15/04, SHEET 1/OF 3, HANDWRITTEN DATE: 6-15-04, STAMPED: RECEIVED JUN 15 2004 CITY OF MERIDIAN CITY CLERK OFFICE, SUTHERLAND FARM, INC. - OWNER/DEVELOPER, J-U-B ENGINEERGS, INC. -ENGINEER", Sutherland Farm, Inc., Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 4 of 13 • • SITE SPECIFIC COMMENTS -PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application, with modifications as noted in the CUP section of this report. 2. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 3. Sanitary sewer and water service to this development shall be via mainline extensions from the existing City of Meridian mains adjacent to the project. 4. Add or revise the following final plat notes: (17.) "... a blanket sewer, emergency access, and pedestrian path easement.... " 5. Revise the landscape plan to include at least 31 trees along the Ridenbaugh Canal pathway, as per the plan approved with the original plat. 6. All common drives shall be 20 feet wide, as depicted on the Plat. GENERAL COMMENTS-PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name. 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. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 5. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Any 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. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 5 of 13 • 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per 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. 7. 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 new off-street parking areas. All drainage water is to bemaintained on-site. 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. Please submit all updated groundwater/soils reports to the Public Works Department for review. 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. Side slopes within drainage areas shall not exceed 3:1. 8. 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. 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 SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 6 of 13 • B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a 10-foot wide median within 66-feet of right-of--way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. Construct a 10-foot wide median within the public right-of--way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 21-foot street section. The landscape island within the publicright-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions o~pproval 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 7 of 13 • • 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 8 of 13 C~ • 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. D. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. 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. 4. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 9 of 13 • • 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 %i" 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 radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. . The two entrances shall be separated by no less than '/Z the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 7. Building setbacks shall be per the Building Code for one and two story construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 10 of 13 • • 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 11 of 13 • 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 6~h day of ~~L.. , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED__~~~ VOTED__v~~ VOTED /~~/~~~ VOTED_Z' -C~t_._ VOTED ~ Mayor y d~e-i~Veerd Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 12 of 13 ~ttttttfltllllllf-ff~~//' ~ T~~ ~ = S]~AL 9~ William G. Berg, Jr., City ler :, 9~ Usr psi ~ ~ ~~ •` ~ ~~ `o~ ``~~ may. j1,~ Copy served upon Applicant, The Planning and ~onmg Department, Public Works Department and City Attorney. By: Dated: ~ - ~~ Crty Clerk's Office Z:\Work\M\Meridian\Meridian 15360M~Suthetland Fann Subdivision No. 4 RZ-04-006 PP-04-009 CUP-04-009\FtClsOrdPP.doc FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUTHERLAND FARM SUBDIVISION N0.4 / (PP-04-009) Page 13 of 13 July 2, 2004 CUP 04-009 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Sutherland Farm, Inc. ITEM NO. REQUEST Findings -Request for modification of the original CUP for a PD to allow the elimination of five office lots and the addition of 47single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-tamily lots for Sutherland Farm No. 4 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: Memo ~ror~ SkeVe S. See afFached Findings ~"I"' ~ OTHER: Contacted: ~ Date: 'r ~~ Phone: l.X~" ?~~® Emailed: " ;~ , C Staff Initials: M rtals prase at public meefinps shall become property of the C of n. ...~ ~ } T l j T.~ s P L interoffice . -.~~;~t MEMORANDUM ..; ti ,~~.:, j~ic•,<> To: William G. Berg, Jr. From: William F. Nichols Subject: BY: SUTHERLAND FARM, INC. FOR REQUEST FOR MODIFICATION OF THE ORIGINAL CUP FOR A PLANNED DEVELOPMENT TO ALLOW THE ELIMINATION OF FIVE OFFICE LOTS AND THE ADDITION OF 47 SINGLE FAMILY LOTS IN ADDITION TO THE 32 RESIDENTIAL LOTS PREVIOUSLY APPROVED FOR A TOTAL OF 79 SINGLE FAMILY LOTS FOR SUTHERLAND FARM SUBDIVISION N0.4 IN AN R-8 ZONE File No.: CUP-04-009 Date: June 10, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Sutherland Fann Subdivision No. 4 R~04-006 PP-04-009 CUP-04-009\C1kLtrCUPffcls&Order.doc • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/08/04 C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 79 BUILDING LOTS AND 8 COMMON LOTS IN A RESIDENTIAL PLANNED DEVELOPMENT ON 16.1 ACRES FOR SUTHERLAND FARM SUBDIVISION N0.4 IN AN R-8 ZONE,LOCATED APPROXIMATELY 1/: A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-04-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUTHERLAND FARM, INC., APPLICANT The above entitled conditional use permit application having come before the City Council on June 8, 2004 and continued until June 15, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 • City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 8, 2004 and continued until June 15, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 8, 2004 and continued until June 15, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-4 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Council on this application. 4. The property is located approximately 1/2 a mile south of Overland Road on the east side of S. Eagle Road, Meridian, Idaho. 5. The owner of record of the subject property is Sutherland Farm, Inc., and they have submitted notarized consent for the subject application. 6. The Applicant is Sutherland Farm, Inc. 7. The subject property is currently zoned R-4. There is, however, an application for re-zone to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres. The Planned Residential Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses and exceptions, including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential/Mixed-Use Community. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 ~J maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: CONDITIONS OFAPPROVAL-CONDITIONAL USE PERMIT All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the frontage on Lots 24-27, Block 13 from 50' to 48' to provide wider accesses into the park from the west. Construct a path so that it enters from the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route from the pedestrian easement on Lot 41, Block 11 through to the micropath on Lot 61, Block 11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the office/commercial uses in the northwest corner of the project in Lot 61, Block 11. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 • connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting from the sidewalk to the Ridenbaugh pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be exempt from the tree requirement of the micropath ordinance, but all other micropath standards shall apply. Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropaths/paths across these lots shall be at least 5 feet wide. 9. Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid fencing and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a 10-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 44 feet (detached units), 34 feet (attached units). • Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). • Minimum front setback: 10 feet (living area and side entry garages), 20 feet (front- loaded garages). 11. The following amenities are required for the project: The first is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. 12. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. 15. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action of the Council taken at their June 15, 2004 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 • Site Specific Conditions ofApproval 1. Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a 10-foot wide median within 66-feet ofright-of--way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. 5. Construct a 10-foot wide median within the public right-of--way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 21-foot street section. The landscape island within the public right-of- way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 • 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 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 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. C. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 • • 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. D. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 'h" 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 • • 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 radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. ~e ..~:nn..4 ~.ti. n~~ .. .:an, n n4..1. ~,4..e~.4 4n 4ti.o s. s.u..F.. fin. 4ti.o /...on4 /on..4/«....41. /.,.. ~L.\ u~ The two entrances shall be separated by no less than %2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 • • collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: 1. Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 13. There are no significant existing trees that affect the consideration of this application. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the proposed bulk and dimensional standards. 15. The current Comprehensive Plan Land Use Map designates the subject property as "Medium Density Residential." It is found that if the modifications required in the staff report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 16. It is found that the design concept is compatible with the intended character of the area. 17. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. 18. It is found that the proposed uses can be adequately served by all essential public services and facilities. Drainage will be retained on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 10 OF 23 19. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare of the community. 20. It is found that the proposed R-8 zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 21. It is found that the proposed R-8 zoning will not interfere with general traffic patterns on any public streets. Review of the revised ACRD staff report will provide a full report on the traffic issues. 22. It is found that there are no existing mature trees on the site. The applicant has submitted an original boundary/topo map that shows original tree cover and none are found on the subject property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and That the proposed use will not result in the destruction, loss or damage of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 • B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres in a proposed R-8 zone for Sutherland Farm Subdivision No. 4 located approximately Y2 a mile south of Overland Road on the east side of S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTIIONAL USE PERMIT PAGE 14 OF 23 CONDITIONS OFAPPROVAL-CONDITIONAL USE PERMIT All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the frontage on Lots 24-27, Block 13 from 50' to 48' to provide wider accesses into the park from the west. 5. Construct a path so that it enters from the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route from the pedestrian easement on Lot 41, Block 11 through to the micropath on Lot 61, Block 11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the office/commercial uses in the northwest corner of the project in Lot 61, Block 11. The connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting from the sidewalk to the Ridenbaugh pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be exempt from the tree requirement of the micropath ordinance, but all other micropath standards shall apply. 8. Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropaths/paths across these lots shall be at least 5 feet wide. 9. Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid fencing and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a 10-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 44 feet (detached units), 34 feet (attached units). • Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). • Minimum front setback: 10 feet (living area and side entry garages), 20 feet (front-loaded garages). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 11. The following amenities are required for the project: The first is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. 12. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. 15. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action of the Council taken at their June 15, 2004 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions ofApproval 1. Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a 10-foot wide median within 66-feet ofright-of--way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. 5. Construct a 10-foot wide median within the public right-of--way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 21-foot street section. The landscape island within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions ofAnnroval 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 800-342-1585) 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. D. Adopt the Recommendations 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 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 3. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 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 radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. ~r,.,» :ao ~ti,t. .,+,.oo~ .,, ~~o o.~. ~,. *~o ~.. o~~~o ~~~~,...~~,~~ ,~~.~ The two entrances shall be separated by no less than %2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 19 OF 23 ~ ~ 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 20 OF 23 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 • • NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 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 6 ~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED_~~~- COUNCILMAN BILL NARY VOTED--6~e?L COUNCILMAN CHARLIE ROUNTREE VOTED ,~~'lJ' COUNCILMAN KEITH BIRD VOTED_ `~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~'6 "©¢ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MOTION: APPROVED:_~ DISAPPROVED: ________ ~ ~~~~ -~ `\~`,,,,--rii_ur'~~yor- de Weerd Attest: ~~.~`~~y ~ M,9~''%, o s~AL 1 illiam G. Berg, Jr., Ci C1 r ~ Copy served upon Applicant, Planning's „~Dment, Public Works Department and the City Attorney. By: Dated: ~ - g - Q~ City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm Subdivision No. 4 RZ-04-006 PP-04-009 CUP-04-009\FtC1sCUP04-009.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 23 OF 23 • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/08/04 C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 79 BUILDING LOTS AND 8 COMMON LOTS IN A RESIDENTIAL PLANNED DEVELOPMENT ON 16.1 ACRES FOR SUTHERLAND FARM SUBDIVISION N0.4 IN AN R-8 ZONE,LOCATED APPROXIMATELY '/ A MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF S. EAGLE ROAD, MERIDIAN, IDAHO Case No. CUP-04-009 ORDER GRANTING CONDITIONAL USE PERMIT SUTHERLAND FARM, INC., APPLICANT This matter coming before the City Council on June 8, 2004 and continued until June 15, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a residential neighborhood planned development with 79 building lots and 8 common lots on 16.1 acres in a proposed R-8 zone for Sutherland Farm Subdivision No. 4 located approximately'h a ORDER CONDITIONAL USE PERNIIT (CUP-04-009) PAGE 1 OF 10 • mile south of Overland Road on the east side of S. Eagle Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: CONDITIONS OFAPPROVAL-CONDITIONAL USE PERMIT 1. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. Provide grasscrete for a width of 14 feet over the City's sewer easement across Lot 7, Block 13. 3. Restrict fence height on all building lots in Block 13 to 4 feet wherever they are contiguous with Lot 7. 4. Reduce the frontage on Lots 24-27, Block 13 from 50' to 48' to provide wider accesses into the park from the west. 5. Construct a path so that it enters from the northwest corner of the proposed private park, between lots 23 and 24, continues along the north side of the park and exits between lots 14 and 15 at the northeast corner. This will connect a route from the pedestrian easement on Lot 41, Block 11 through to the micropath on Lot 61, Block 11, which in turn connects to the multi-use pathway along the Ridenbaugh Canal. The path should also connect to the patio/gazebo area. 6. The applicant shall provide a pedestrian connection between the residential area and the office/commercial uses in the northwest corner of the project in Lot 61, Block 11. The connection shall conform to all Micropath ordinance standards. 7. The applicant shall add a micropath connecting from the sidewalk to the Ridenbaugh pathway on Lot 56, Block 11. Since the lot is also a sewer easement, it shall be exempt from the tree requirement of the micropath ordinance, but all other micropath standards shall apply. 8. Modify Lot 61, Block 11 and Lot 7, Block 13 so that all lots containing paths or micropaths in the project are at least 15 feet wide. The micropaths/paths across these lots shall be at least 5 feet wide. 9. Fences along the Ridenbaugh Canal pathway shall be three feet maximum for solid fencing ORDER CONDITIONAL USE PERNIIT (CUP-04-009) PAGE 2 OF 10 and four feet for open-vision fencing, in conformance with the original conditions of approval. The pathway shall be a 10-foot wide asphalt surface. 10. The project shall conform to the modified dimensional standards, as follows: • Minimum lot frontage: 44 feet (detached units), 34 feet (attached units). • Minimum lot size: 4,400 s.f. (detached units), 3,400 s.f. (attached units). • Minimum front setback: 10 feet (living area and side entry garages), 20 feet (front- loaded garages). 11. The following amenities are required for the project: The first is a gazebo with a patio area and benches. The second amenity is proposed to be a picnic area. Both amenities are located on Lot 7, Block 13 as depicted on the landscape plan. 12. This conditional use permit shall be subj ect to the expiration provisions set forth in MCC 11- 17-4.B. 13. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 14. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. 15. All common drives are approved at 20 feet wide, as depicted on the plat. (Per action of the Council taken at their June 15, 2004 meeting.) B. Adopt the Recommendations of the Ada County Highway District as follows: Site Svecific Conditions ofAnyroval Construct East Easy Jet Drive as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks abutting the site, as proposed. 2. Construct South Bay Star Way as a 52-foot street section with vertical curb, gutter 5-foot concrete sidewalks and a 10-foot wide median within 66-feet ofright-of--way, as proposed. 3. Construct East Rolfe Street, South Flame Way, East Quinn Drive and South Nephrite Way as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet ofright-of--way, as proposed. ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 3 OF 10 • 4. Construct a residential collector roadway (South Bay Star Way) to intersect East Easy Jet Drive approximately 475-feet east of the west property line to align with South Bay Star Way on the south side of Easy Jet Drive, as proposed. 5. Construct a 10-foot wide median within the public right-of--way of South Bay Star Way, as proposed. Construct the island so that the roadway around the traffic island maintains a minimum of a 21-foot street section. The landscape island within the public right-of- way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6. Other than the access point that has specifically been approved with this application, direct lot access to Easy Jet Drive and South Bay Star Way is prohibited. Notes of this shall be required on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions ofAnnroval 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. 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. ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 4 OF 10 • ~ 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. C. 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 ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 5 OF 10 • stormwater management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Meridian Fire Department as follows: One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix C. 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. a. The fire hydrant shall not face a street which does not have addresses on it. b. Fire hydrant markers shall be provided per Public Works spec. c. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. d. Fire hydrants shall be placed on corners. e. 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 radius. 4. Provide a 20' wide Fire Lane for all internal and external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 6 OF 10 6. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. eke u~ ° The two entrances shall be separated by no less than %2 the diagonal measurement of the project. (Deleted second sentence per City Council action at their June 15, 2004 meeting.) 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. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Lot 43, Block 11, shall be posted "No Parking", fire lane, per the International Fire Code. F. Adopt the Recommendations of the Meridian Police Department as follows: 1. To increase emergency access to the site, the applicant shall provide an emergency access on Lot 41, Block 11. The Applicant has submitted a revised plat/site plan to reflect this requirement. G. Adopt the Recommendations of Sanitary Services as follows: 1. SSC will not provide trash pick-up services utilizing the common driveways. Prior to release of building permits for homes that take access from the common driveways, the developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Receptacles shall be placed on the concrete pad on collection day in a manner that does not cause a nuisance. H. Adopt the Recommendations of the Parks Department as follows: Pathway and Trail Standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 7 OF 10 • 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an 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) ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 8 OF 10 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 approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 9 OF 10 By action of the City Council at its regular meeting held on the ~~U~ , 2004. ~ti day of Tammy de ayor City of Meridian Attest: \`~ ~,,,,, ~ i i i .` ~ ~RPOq ~~ ~ T~) ~ c -. William G. Berg, Jr., City C rk ~~~I-' _ .~ r> C~ ~~ ... ~..~ ~' Copy served upon Applicant, the Plannif iii ptrt3ent, Public Works Department and City Attorney. '~%,~~fG'O;.U~.1~ , ~'`' :~~`~ BY~ Dated: City Clerk's Office 1-g-04 Z:\Work\M\Meridian\Meridian 15360M~Sutherland Farm Subdivision No. 4 RZ-04-006 PP-04-009 CUP-04-009\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-009) PAGE 10 OF 10 • • July 2, 2004 PFP 04-005 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT Larson Architects ITEM NO. • REQUEST Findings -Request for Prelininary Finat Plat approval for the re-subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Copperpoint Subdivision -east of South Eagle Road on the south side of East Copperpoint Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~ ~~" SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: ~ ~ Phone: ,S ~" d Emailed: ~ ~ Staff Initials: `'~.- Materials resented at public meetings shell become properly of the C ' of eridian. i~. r •r r..~,,.ye Interoffice MEMORANDUM ~ ~ :.~ 4 ~ , `r,~,t~~: . To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Copperpoint Subdivision By: Larson Architects File No. PFP-04-005 -Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat Date: June 23, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\Copperpoint Subdivision PFP-04-005\Berg PFP MEMO 06 23 04.doc • THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY/FINAL PLAT FOR RE-SUBDIVISION OF LOT 10 AND PORTIONS OF LOTS 9 AND 11 INTO 3 BUILDING LOTS ON 3.46 ACRES IN A C-G ZONE FOR COPPERPPOINT SUBDIVISION, LOCATED ON THE SOUTH SIDE OF COPPER POINT DR. IN SILVERSTONE SUBDIVISION PHASE 2, IN SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO CARSON ARCHITECTS, APPLICANT. CASE NO. PFP-04-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on May 4, 2004, and Anna Powell Planning Director, and Cornell Larson, appeared and testified at the hearing, and the City Council having received a report from Steve Siddoway for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PLAT OF COPPERPOINT SUBDIVISION, ALL OF LOT 10 & A PORTION OF LOTS 9 & 11, SILVERSTONE SUBD. PHASE 2, LYING IN THE W'/z OF SECTION 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, PROJECT NO. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 1 OF 9 2657, SHEET 1 OF 2, 2657-plt.dwg 01-06-04, HANDWRITTEN DATE: 1/19/03, TEALEY'S LAND SURVEYING", Larson Architects submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned C-G (General Retail And Service Commercial District), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 K] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Mixed Use-Regional. Existing zoning on the property is General Commercial (C-G). The subject plat is intended for commercial development in compliance with the approved CUP and the Comprehensive Plan. 3. It is found that public services are available to accommodate the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 2 OF 9 • development. All adjacent public roadways have been completed and accepted by ACHD. Water and sewer services were installed as part of the original subdivision improvements and will have to be extended by the applicant to serve the new lots. 4. It is found that the subdivision will not require the expenditure of capital improvement funds. All required utilities are either in place or will be the responsibility of the developer. 5. It is found that the development will not require major expenditures for providing supporting services. 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. 6. Staff is not aware of any health, safety or environmental problems associated with this subdivision. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "PLAT OF COPPERPOINT SUBDIVISION, ALL OF LOT 10 & A PORTION OF LOTS 9 & 11, SILVERSTONE SUBD. PHASE 2, LYING 1N THE W %2 OF SECTION 21, T.3N., R.IE., B.M., FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 3 OF 9 • MERIDIAN, ADA COUNTY, IDAHO 2004, PROJECT N0.2657, SHEET 1 OF 2, 2657- plt.dwg 01-06-04, HANDWRITTEN DATE: 1/19/03, TEALEY'S LAND SURVEYING", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Steve Siddoway for Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: Transmittal Date: Apri130, 2004 P & Z Hearing Date: May 6, 2004, listing 9 Site Specific Comments - Preliminary/Final Plat, along with the 12 Fire Department, 1 Police Department, and 1 Sanitary Services comments, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of June 15, 2004, and the requirements are as follows, to-wit: 2.1 Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval Utilize the existing 30-foot wide shared curb return type driveway that intersects Copperpoint Drive at the west property line 2. Utilize the existing 30-foot wide shared curb return type driveway that intersects Copperpoint Drive approximately 105-feet west of the east property line. 3. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 4 OF 9 • Standard Conditions of A nroval 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 5 OF 9 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. 2.2. Adopt the Recommendations of the Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 6 OF 9 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. 2.3 Adopt the Recommendations of Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting in order to address any encroachments and how this proposed project will impact the District's Ridenbaugh Canal. 2. All laterals and waste ways must be protected. 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. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 7 OF 9 ~ ~ 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 b~ day of 2004. By: Tammy de W d Mayor, City of Meridian Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 8 OF 9 • CJ ORq T ti ~; F O $~AL p M .< William G. Berg, Jr., City er ,, °~' 4 `` '-~O GsTts~•, ~ ,; ~~ Copy served upon Applicant, the Planning an~ ~iiliiH~`bepartment, Public Works Department and City Attorney. By: ~l'~~ ~.~~1YL, Dated: City Clerk's Office ~ - l2- ~ Z:\Work\MVVleridian\Meridian 153601MCopperpoint Subdivision PFP-04-005\PFP FfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT - COPPERPOINT SUBDIVISION - (PFP-04-005) PAGE 9 OF 9 • P MAYOR ~, Tammy de Weerd ' ~ ~ ~ ~" ~ . CTI'Y COUNCIL MEMBERS R ~_ CETY OF ~~~~~' - Keith Bird 1 - " """ William L.M. Nary ~4~) /J'~,/~'~/j Shaun Wardle V (([,~/LL L/l" Charles M. Rountree l~ IUAHO VNl"' 1903 C~IIY~II4BLL (3 ~'~a8~&'7454ffi 3 PEBBIQ(-1~KgS BBIIIDIN)3~BF1RA'K&I~HIIIT (~'&'I!~Pll I-€3ia:BB618.9~b 1 LE£~I~IDBFIRR'K~II]T (~~~ ~'1i7C}~41~415 STAFF REPORT: Transmittal Date: Apri130, 2004 P&Z Hearing Date: May 6, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Steve Siddoway, Principal City Planner ~~-"" Bruce Freckleton, Senior Engineering Tech c~~ Re: Copperpoint Subdivision • Preliminary/Final Plat Approval of a Three (3) Lot Subdivision on 3.46 Acres in a C-G Zone, by Larson Architects (File No. PFP-04-005). 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 SUNIMARY The Applicant, Larson Architects, has applied for Preliminary/Final Plat approval of a three (3) lot commercial (C-G) subdivision on 3.46 acres of land located in Silverstone, on the south side of E. Copper Point Drive. The property was originally platted as part of Silverstone Phase 2. The plat was recorded on October 22, 2002. Just under a year later, on June 5, 2003, a Record of Survey (instrument number 103092778) was recorded as a lot line adjustment to shift the lot lines between Lots 9 & 10 and between Lots 10 & 11. The lot line adjustment created a "Parcel B" that was originally portions of lots 9, 10, and 11. The area now known as "Parcel B" is the subject property of this application. The proposed preliminary/final plat would subdivide Parcel B into three lots (a net gain of two lots for the subdivision overall). One Certificate of Zoning Compliance (CZC) has been issued on the subject property for MS Administrative Services. The MS Administrative Services project would fall on Lot 3 of the proposed subdivision and is depicted on the landscape plan as "Proposed Building Phase 1 2-Story" . No changes are proposed to the CC&R's from what Exhibit A 1 of 5 • Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 2 was previously approved for Silverstone. Staff recommends approval of the plat with the conditions noted in this report. LOCATION The property is located on the south side of Copper Point Dr. in Silverstone Subdivision Phase 2. SURROUNDING PROPERTIES North: Approved T-Mobile project, zoned C-G. South: Ridenbaugh Canal and Sutherland Farms Subdivision, zoned R-4. East: Approved Limelight Dance Studio, zoned C-G. West: 25K Building, zoned C-G. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use map designates the property as Mixed Use-Regional. Existing zoning on the property is General Commercial (C-G). The subject plat is intended for commercial development in compliance with the approved CUP and the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. All adjacent public roadways have been completed and accepted by ACHD. Water and sewer services were installed as part of the original subdivision improvements and will have to be extended by the applicant to serve the new lots. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. All required utilities are either in place or will be the responsibility of the developer. d. The public fmancial capability of supporting services for the proposed development; Exhibit A 2 of 5 • • Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 3 Staff finds ,that the development will not require major expenditures for providing supporting services. 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. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Council or Commission's attention. SITE SPECIFIC COMMENTS -PRELIMINARY/FINAL PLAT 1. This application is subject to the conditions of approval for the original plat (FP-02-007), the Conditional Use Permit (CUP-O1-002), and the Development Agreement for Silverstone Subdivision, except as may be modified by this report. 2. Street buffer landscaping along Copper Point Drive has already been installed as part of the subdivision improvements. No additional landscaping will be required as part of this plat. All internal landscaping will be handled through the CZC process. 3. Revise Note 4 to be a "...public utilities, property drainage, landscape, irrigation, and street light easement...." 4. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. Exhibit A 3 of 5 • • Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 4 7. Sanitary sewer and water service to this development shall be via new mainline extensions from the existing City of Meridian mains adjacent to the project. Please revise final plat note #3 as follows: ...Section 31-3805 of Idaho Code, concernin irri ation rifts. 9. Pressurized irrigation within this development will be from the existing system that was installed as part of Silverstone Subdivision. FIItE DEPARTMENT Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The office/commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 9. Provide a Knoxbox entry system for the complex. Exhibit A 4 of 5 • • Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 5 10. All processes & storage practices shall be,required to comply with the International Fire Code. 11. No Parking signs and painted curbs will be required for all Fire Lanes. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. POLICE DEPARTMENT 1. The applicant shall submit all future site plans within the subdivision to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). SANITARY SERVICES 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. RECOMMENDATION Staff recommends approval of the proposed preliminary/final plat, with the aforementioned findings and conditions. Exhibit A 5 of 5 • July 2, 2004 MI 04-002 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT Fred Schuerman ITEM NO. • REQUEST Findings -Request for Removal from the City of Meridian's Area of Impact for Fred Schuerman -west of North Cloverdale Road and north of East Fairview Avenue 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: Date: 'rj '~ Phone: ~ lJl0~-~Q Emailed: Staff Initials: Materials presented at public meetings shah become property of the City ~ Meridian. COMMENTS See atMched Findings ~~~~° interoffice ~ ~ ~~~ ~ ~ °~~~~= ..~.; MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Fred Schuerman /Request to remove 1.6 acres from the City of Meridian Area of Impact File: MI-04-002 Date: June 23, 2004 Will: Please find attached the original of the MI-04-002 Findings to remove 1.6 acres from the City of Meridian Area of Impact for Fred Schuerman, pursuant to action of the Council at their June 15, 2004 meeting. The MI-04-002 Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 153601MSchuerman Fred MI-04-002\Berg MI Memo 06 23 04.doc • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/15/04 IN THE MATTER OF THE REQUEST TO REMOVE 1.6 ACRES FROM THE CITY OF MERIDIAN AREA OF IMPACT FOR FRED M. SCHUERMAN BY: FRED M. SCHUERMAN, APPLICANT CASE NO. MI-04-002 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST The above entitled matter coming on regularly for public hearing before the City Council on June 15, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson City Engineer, and Fred Schuerman, appeared and testified, and the City Council having received a report from Craig Hood of the Planning and Zoning Department and Bruce Freckleton of the Public Works/Building Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request to remove 1.6 acres from the City of Meridian's area of impact, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002 PAGE 1 OF 5 FINDINGS OF FACT i 1. The property is 1.6 acres in size and is generally located on the north side of Fairview Avenue, approximately 300-feet east of Venture Avenue, in Section 4, Township 3 North, Range 1 East, Meridian, Idaho. 2. The applicant/owner of the subject property is Fred M. Schuerman and he has submitted an affidavit of legal interest to allow the application to be submitted on the subject property. The location of the subject property is presently located in Ada County and is zoned RUT. The legal for the location of the proposed property is on file in the City Clerk's office located at 33 E. Idaho Street, Meridian, Idaho 83642. 4. The applicant, Fred M. Schuerman has requested approval to remove the subject parcel (1.6 acres) from the City of Meridian Area of Impact. 5. This miscellaneous application is only for approval to remove 1.6 acres from the City of Meridian Area of Impact, as the applicant would like to provide sewer and water to the existing businesses/structures. There are multiple commercial businesses on this site currently. The request to be removed from the City's Area of Impact is based on the availability of utilities, and other services to the site from the City of Boise. The applicant provided an information report for the miscellaneous application and which is on file with the City Clerk's office. 6. The City Council recognizes the concerns of Fred M. Schuerman. 7. The applicant owns 16 acres of C-2D zoned property (Boise City) adjacent to the subject 1.6 acres and desires to develop all of the property under one jurisdication, and this site is FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002 PAGE 2 OF 5 • not currently contiguous to the City of Meridian, and is not eligible for annexation into the City of Meridian at this time. 8. The properties surrounding the subject project as follows: North: Venture Subdivision, zoned RUT (Ada County) South: Terrace Lawns Memorial Gardens, zoned RUT (Ada County) East: Commercial Development, zoned C-2D (Boise City) West: Vacant, zoned RUT (Ada County) 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed application for approval to remove the 1.6 acres from the City of Meridian Area of Impact, it will impose expense upon the City of Meridian. 10. The applicant shall be required to pay for the cost of removal of the 1.6 acres from the City of Meridian Area of Impact. CONCLUSIONS OF LAW Approval of this request to remove the 1.6 acres from the City of Meridian Area of Impact is based upon staff testimony and the information and testimony provided by the applicant on the removal of the 1.6 acres from the City of Meridian Area of Impact; that the City of Meridian would not be able to provide services for the property within the near future, and that the applicant shall be required to bear the costs to remove the 1.6 acres into Boise City Area of Impact, and the applicant shall be required to work with staff to come to an agreement on the appropriate fees to be charged the applicant for said removal of land. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002 PAGE 3 OF 5 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. That the applicant is granted approval to remove the 1.6 acres located on the north side of Fairview Avenue, approximately 300-feet east of Venture Avenue, in Section 4, Township 3 North, Range 1 East by Fred M. Schuerman; and that the applicant shall be required to pay the costs for said removal of land which will be incurred through the process to remove the property, and that the applicant shall be required to work with staff to come to an agreement on the appropriate fees to be charged the applicant for said removal of land. By action of the City Council at its regular meeting held on the ~ ~~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN WILLIAM L.M. NARY COUNCILMAN CHARILE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ (~~- VOTED__~~,G~v VOTED /~~- VOTED_~gFC~_ VOTED FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002 PAGE 4 OF 5 ~ ~ " ~- Mayor T de Weerd Attest: `,\~~. ~~ OF ~fi - ~~~~,~~~,/' ~ °~r ~' -- Fo _; William G. Berg, Jr., City ler ~ y ~_, ~, ,,~° ,~ ;,, 90 ~sT ys~ `,~ ,, Copy served upon Applicant, the Planrii~0~1d~`~i~iin~~,p~epartment, Public Works Department and City Attorney. ~`~°rr'" `"``'''~' By: Dated: ~ " $' ~~' City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Schuerman Fred MI-04-002\Ffl/lsOrd MI-04-002.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002 PAGE 5 OF 5 • July 2, 2004 CUP 04-010 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT T-Mobile /Terry Cox ITEM NO. REQUEST Findings -Request for a Conditional Use Permit fora 100-foot monopole communications tower in a C-G zone for T-Mobile -southeast comer of East Overland Road and South Eagle 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: J SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ Date: Phone: Em~iler: . n .~ ~~ f n~i ~~ .,~~ nln; I , f ,~ /II~Staff nitials: ~,~ ~ al public meetings shall become properly of the City 1 ~" ~ ` v interoffice N ; ~a~~ ~hY~ i~~~~:'. MEMORANDUM j,~,ty t~tir~s ~:1~~cz= To: William G. Berg, Jr. From: William F. Nichols Subject: BY: T-MOBILE/TERRY COX FOR CONDITIONAL USE PERMIT FOR A 100-FOOT MONOPOLE COMMUNICATIONS TOWER IN A C-G ZONE FOR T-MOBILE File No.: CUP-04-010 Date: June 23, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. Z:\Work\M\Meridian\Meridian 15360M\T-Mobile CUP-04-010\CIkLhCUPffcls&Order.dce • i~ `I BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-15-04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AONE- HUNDRED FOOT (100') TALL STEEL MONOPOLE FOR USE AS A WIRELESS COMMUNICATIONS FACILITY IN A C-G ZONE, WHICH SUBJECT LEASE AREA/PROPERTY IS APPROXIMATELY 377 SQUARE- FEET IN SIZE AND IS LOCATED APPROXIMATELY 1,200-FEET EAST OF EAGLE ROAD, AND APPROXIMATELY 1,600-FEET SOUTH OF OVERLAND ROAD, IN SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. CUP-04-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT T-MOBILE USA, APPLICANT The above entitled conditional use permit application having come before the City Council on June 15, 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning and Zoning Director for the Planning and Zoning Department, and Clark Harris, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 18 • 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 A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 15, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 15, 2004, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 18 • Council on this application. 4. The subject lease area/property is approximately 377-square feet in size and is located approximately 1,200-feet east of Eagle Road, and approximately 1,600-feet south of Overland Road, in Section 21, Township 3 North, Range lEast, Meridian, Idaho. 5. The owner of record of the subject property is Sundance Investments Ltd. Partnership, and Chris Anderson, an authorized agent for Sundance Investments, Ltd. Partnership, has provided notarized consent for the applicant, T-Mobile USA, to submit the requested conditional use permit. 6. Applicant is T-Mobile USA. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a Conditional Use Permit approval to construct a one-hundred foot tall steel monopole for use as a wireless communications facility in a C-G zone. 9. The proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 18 • i 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to reduce glare and visual intrusiveness." 2. On page seven, under Meridian Fire Department comments, amend paragraph two to read: "Post the building address with six inch numbers on the outside of the site-obscuring fence." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: Site Saecific Requirements 1. The project is subject to all conditions of the Development Agreement (signed with Sundance Investments), the Conditional Use Permit (File No.CUP-O1-002) and the Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council. 2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'), but no taller than eight feet (8'), in height. 3. The existing landscaping and new fencing will help screen the facility; additional landscaping shall not be required with this application. 4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire Department. Said access shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 4 OF 18 • • 5. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include a cross section of the tower, elevations, and a description of the tower's capacity to accommodate antennas. The report shall also include a description of precautions the applicant will take to avoid interference with established pubic safety telecommunications. 6. Paint the monopole structure and antenna array a matte ~ gray color, medium to dark, to e~ed3er~i~se camouflage the structure and antenna to reduce glare and visual intrusiveness. 7. All lighting, other than that required by the FAA, shall be prohibited. 8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall be used only when the tower is being serviced. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 9. No part of any antenna, disk, array or other such item attache to the tower shall be permitted to overhang any part ofright-of--way or property line. 10. The tower shall be constructed as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location of other users. 11. Unless a time extension is granted by the City Council, an abandoned or unused communication facility shall be removed within sixty (60) days of cessation of use as a wireless communication facility. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the City and the costs of removal assessed against the real property. General Requirements 1. 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. 2. A building permit shall be obtained prior to the start of construction. 3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. 4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 5. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 18 • installed. Prior to signature of the final plat 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, sanitary sewer, water, etc. 6. Staffls failure to cite specific ordinance provisions or terms of the approved development agreement, annexation zoning, preliminary plat, final plat, or conditional use does not relieve the applicant of responsibility for compliance. 7. The subject conditional use permit maybe revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 8. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. C. Adopt the Recommendations of ACRD as follows: A traffic impact fee maybe assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 2. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. D. Adopt the Meridian Fire Department Recommendations as follows: 1. If not currently provided, construct a 20' wide fire lane that extends to within 150' of all portions of the proposed structure(s). Fire lanes shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. 2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which are visible from the street. 3. Provide fire extinguishers per the International Fire Code Standards. 4. Comply with the International Fire Code for Battery Storage Rooms. 5. Insure that all right of way areas are maintained free of combustible vegetation per 1103.2.4 of the International Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 18 i ~~ E. Adopt the Recommendations of the Central District Health Department as follows: 1. We have No Objections to this Proposal. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. No comment. G. Adopt the recommendations of the Meridian Parks Department as follows: 1. No comment. H. Adopt the recommendations of the Meridian Police Department as follows: 1. No comment. 13. The applicant, T-Mobile USA, has requested approval of a conditional use permit to construct a wireless communications facility consisting of a 100-foot tall steel monopole and supporting equipment in a C-G zone. The tower and all associated equipment for operation will be contained within asixteen bytwenty-four foot (16' x 24') fenced-off area. Within the fencing area a battery cabinet, meter and PPC cabinet, demarcation cabinet, PCS antennas, antenna supports, a base transceiver station, and other equipment. The applicant, at the public hearing, stated that the site would be fenced with a vinyl fence, baize in color, six-feet in height, so that it would blend with all the other existing fencing within the Silverstone development. 14. It is found that the site is large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance. 15. The Comprehensive Plan Future Land Use Map designates the land to be "Mixed Use-Regional." Mixed Use-Regional areas will provide a full range of commercial, retail and residential uses. Sample uses include: residential densities of 3 to 40 dwelling units per acre, grocery FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERNIIT PAGE 7 OF 18 stores, drug stores, coffee shops, salons, daycares, professional offices, medical offices, garden centers, restaurants, banks, drive-thru facilities, service stations, department stores, entertainment uses, major employment centers, etc. It is found that the proposed communications tower is harmonious with the 2002 Comprehensive Plan and Future Land Use Map. It the applicant complies with the conditions within the staffreport, the proposed development will meet the requirements of Titles 11 and 12 of Meridian City Code. 16. The cell tower use is believed to be compatible with the residential, commercial, and office uses that currently are in the area, as well as the future uses. Applications for cell towers often bring opposition from near-by property owners that do not believe that towers are compatible. However, if the applicant constructs the monopole, fencing, and other improvements according to the required conditions, it is found that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 17. If the site is designed, constructed, operated and maintained in accordance with the conditions of approval contained herein, and the applicable City Ordinances, it is not anticipated that the proposed use will have an adverse affect on the other property in the vicinity. 18. On April 29, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department, as well as other entities, have submitted a list of needs and conditions to adequately serve the project, and which are listed in paragraph 12 above. It is found that the proposed development will be adequately served by the public facilities and services. 19. It is found that the proposed use will not create additional requirements at public cost FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 8 OF 18 for public facilities and service and will not be detrimental to the economic welfare of the community. 20. The FCC has design guidelines for RF exposure. The applicant has submitted documentation showing that it is unlikely that this wireless facility will expose humans to excessive RF levels. Due to the submitted design of the facility, the use will be categorically exempt from routine compliance checks for RF levels by the FCC. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke, fumes, glare, odors, or RF frequencies generated by the use. 21. The applicant is using the existing, previously approved, vehicular approaches to the property for the proposed use. It is found that the proposed use will not create any interference with any traffic on the surrounding public streets. 22. There appears to be no other natural or scenic feature(s) of major importance in the area that maybe affected by the proposed development. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 18 L~ 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 10 OF 18 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the C-G zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall beheld before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 18 • • C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for approval to construct aone-hundred foot tall steel monopole for use as a wireless communications facility in a C-G zone, 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: 1. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to reduce glare and visual intrusiveness." 2. On page seven, under Meridian Fire Department comments, amend paragraph two to read: "Post the building address with six inch numbers on the outside of the site-obscuring fence." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 18 B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: Site Specific Requirements 1. The project is subject to all conditions of the Development Agreement (signed with Sundance Investments), the Conditional Use Permit (File No.CUP-O1-002) and the Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council. 2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'), but no taller than eight feet (8'), in height. 3. The existing landscaping and new fencing will help screen the facility; additional landscaping shall not be required with this application. 4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire Department. Said access shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include a cross section of the tower, elevations, and a description of the tower's capacity to accommodate antennas. The report shall also include a description of precautions the applicant will take to avoid interference with established pubic safety telecommunications. 6. Paint the monopole structure and antenna array a matte ~ gray color, medium to dark, to e~-etker~se camouflage the structure and antenna to reduce glare and visual intrusiveness. 7. All lighting, other than that required by the FAA, shall be prohibited. 8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall be used only when the tower is being serviced. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 9. No part of any antenna, disk, array or other such item attache to the tower shall be permitted to overhang any part ofright-of--way or property line. 10. The tower shall be constructed as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location of other users. 11. Unless a time extension is granted by the City Council, an abandoned or unused communication facility shall be removed within sixty (60) days of cessation of use as a wireless communication facility. In the event that the tower and associated facilities are not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 18 removed within the sixty (60) days, the tower and associated facilities maybe removed by the City and the costs of removal assessed against the real property. General Requirements 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. 2. A building permit shall be obtained prior to the start of construction. 3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not spillover onto adjacent properties or right-of--way. 4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 5. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat 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, sanitary sewer, water, etc. 6. Staff s failure to cite specific ordinance provisions or terms of the approved development agreement, annexation/zoning, preliminary plat, final plat, or conditional use does not relieve the applicant of responsibility for compliance. 7.The subject conditional use permit maybe revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. C. Adopt the Recommendations of ACRD as follows: A traffic impact fee maybe assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 2. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 18 D. Adopt the Meridian Fire Department Recommendations as follows: 1. If not currently provided, construct a 20' wide fire lane that extends to within 150' of all portions of the proposed structure(s). Fire lanes shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. 2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which are visible from the street. 3. Provide fire extinguishers per the International Fire Code Standards. 4. Comply with the International Fire Code for Battery Storage Rooms. 5. Insure that all right of way areas are maintained free of combustible vegetation per 1103.2.4 of the International Fire Code. E. Adopt the Recommendations of the Central District Health Department as follows: 1. We have No Objections to this Proposal. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. No comment. G. Adopt the recommendations of the Meridian Parks Department as follows: 1. No comment. H. Adopt the recommendations of the Meridian Police Department as follows: 1. No comment. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 15 OF 18 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 16 OF 18 • 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 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 b-~~ day of 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED--~~~ COUNCILMAN BILL NARY VOTED_ i~~~i~ COUNCILMAN CHARLIE ROUNTREE VOTED ~~~~ COUNCILMAN KEITH BIRD VOTED_Z~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: ~~ ~' ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 18 MOTION: APPROVED: DISAPPROVED: _~ \`~`~,,,,,~~~~„~~;~~~~ Mayor T y e Weerd ~, ~, Attest: ;~~~ ~~ o~ r boy '~•.. F ' o ><lliam G. Berg, Jr., City erk = 9 "~ Copy served upon Applicant, Planning' ~I~e~ient, Public Works Department and the City Attorney. ~~~'~~+rrlrs, ~,at<<"`~~ By: Dated: ~ - ~ 2. - U~ City Clerk's Office Z:\Work\MUvleridian\Meridian 153601vi\T-Mobile CUP-04-O10\FfC1sCUP04010.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 18 • s BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AONE- HUNDRED FOOT (100') TALL STEEL MONOPOLE FOR USE AS A WIRELESS COMMUNICATIONS FACILITY IN A C-G ZONE, WHICH SUBJECT LEASEAREA/PROPERTY IS APPROXIMATELY 377 SQUARE- FEET IN SIZE AND IS LOCATED APPROXIMATELY 1,200-FEET EAST OF EAGLE ROAD, AND APPROXIMATELY 1,600-FEET SOUTH OF OVERLAND ROAD, IN SECTION 21, TOWNSHIP 3 NORTH, RANGE lEAST, MERIDIAN, IDAHO T-MOBILE USA, APPLICANT Case No. CUP-04-010 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on June 15, 2004, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for approval to ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 1 OF 7 i • construct aone-hundred foot tall steel monopole for use as a wireless communications facility in a C-G zone, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Amend Site Specific Condition #6 on page six to read: "Paint the monopole structure and antenna array a matte gray color, medium to dark, to camouflage the structure and antenna to reduce glare and visual intrusiveness." 2. On page seven, under Meridian Fire Department comments, amend paragraph two to read: "Post the building address with six inch numbers on the outside of the site-obscuring fence." B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: Site Specific Reauirements 1. The project is subject to all conditions of the Development Agreement (signed with Sundance Investments), the Conditional Use Permit (File No.CUP-O1-002) and the Preliminary and Final Plats for Silverstone Subdivision as approved by the City Council. 2. Install sight-obscuring fencing around the lease area. Said fence shall be at least six feet (6'), but no taller than eight feet (8'), in height. 3. The existing landscaping and new fencing will help screen the facility; additional landscaping shall not be required with this application. 4. Provide vehicular access to the site that complies with the requirements of the Meridian Fire Department. Said access shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. 5. Prior to Certificate of Zoning Compliance (CZC) approval, submit a report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include a cross section of the tower, elevations, and a description of the tower's capacity to accommodate antennas. The report shall also include a description of precautions the applicant will take to avoid interference with established pubic safety telecommunications. 6. Paint the monopole structure and antenna array a matte ea#~en gray color, medium to dark, to ~-- ~~ camouflage the structure and antenna to reduce glare and visual intrusiveness. ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 2 OF 7 • 7. All lighting, other than that required by the FAA, shall be prohibited. 8. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed and shall be used only when the tower is being serviced. The tower shall not have any catwalk, crow's nest, or platform erected thereon except during times of construction or repair. 9. No part of any antenna, disk, array or other such item attache to the tower shall be permitted to overhang any part ofright-of--way or property line. 10. The tower shall be constructed as proposed, to allow for at least two additional antenna arrays and shall be made available for co-location of other users. 11. Unless a time extension is granted by the City Council, an abandoned or unused communication facility shall be removed within sixty (60) days of cessation of use as a wireless communication facility. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities maybe removed by the City and the costs of removal assessed against the real property. General Requirements 1. 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. 2. A building permit shall be obtained prior to the start of construction. 3. All exterior lighting shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. 4. All development shall comply with the Americans with Disabilities Act (ADA) and the Fair Housing Act. 5. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat 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, sanitary sewer, water, etc. 6. Staffls failure to cite specific ordinance provisions or terms of the approved development agreement, annexation/zoning, preliminary plat, final plat, or conditional use does not relieve the applicant of responsibility for compliance. ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 3 OF 7 • • 7. The subject conditional use permit maybe revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 8. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. C. Adopt the Recommendations of ACRD as follows: 1. A traffic impact fee maybe assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. 2. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. D. Adopt the Meridian Fire Department Recommendations as follows: 1. If not currently provided, construct a 20' wide fire lane that extends to within 150' of all portions of the proposed structure(s). Fire lanes shall have a turning radius of twenty-eight feet (28') inside and forty-eight feet (48') outside and shall have a minimum twenty-foot (20') wide clear driving surface, available at all times. 2. Post the building address with 6" numbers on the outside of the sight-obscuring fence, which are visible from the street. 3. Provide fire extinguishers per the International Fire Code Standards. 4. Comply with the International Fire Code for Battery Storage Rooms. 5. Insure that all right of way areas are maintained free of combustible vegetation per 1103.2.4 of the International Fire Code. E. Adopt the Recommendations of the Central District Health Department as follows: 1. We have No Objections to this Proposal. F. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. No comment. ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 4 OF 7 G. Adopt the recommendations of the Meridian Parks Department as follows: 1. No comment. H. Adopt the recommendations of the Meridian Police Department as follows: 1. No comment. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 5 OF 7 ~ • 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 approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 6 OF 7 ~~ By action of the City Council at its regular meeting held on the ~ ~ day of 2004. Tammy d rd, Mayor City of Meridian Attest: ``~~~„+~+++-,r,,~ ~~ ` William G. Berg, Jr., City Jerk ~~~~ 9 ~ Copy served upon Applicant, the P#,i d Zoni ~ ~artment, Public Works Department and City Attorney. '~., q is ~,.,~ i/~f~ 's; By: Dated: ~ " ~ 2 " C~'' City Clerk's Office Z:\Work\M\Meridian\Meridian 153601vT\T-Mobile CUP-04-010\OrdeiCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-04-010) PAGE 7 OF 7 • July 2, 2004 PP 04-010 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Aspen Grove Development, LLC ITEM NO. • REQUEST Findings -Request for Prelininary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision -east of South Locust Grove Road -- and south of East 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: ~ f~~9 SANITARY SERVICE COMPANY ~" I " CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contactedr ) ~~~ \~)`i \~J~i Y ~ Date: ~~ ~ Phone: Emailed: ' ~c-,/~ ''Staff Initials: c..~. ,~~ M Is presented at pubic meet~a aha a property of the C of Meridian. • ~_~.9~ ~ ~ s u ? y 2QJ4 interoffice ~'~`~~' e~fl~t~i~di~zz City cl~;l^~ of~~~ MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Valencia Plaza Subdivision File: PP-04-010 Date: June 24, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their June 15, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M\Valencia Plaza Sub PP-04-O10\BergPrePlatMEMO 06 24 04.doc • THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/15/04 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR VALENCIA PLAZA SUBDIVISION FOR 6 COMMERCIAL LOTS ON 5.23 ACRES IN AN L-O ZONE, LOCATED ON THE SOUTH SIDE OF GALA STREET, APPROXIMATELY 300 FEET EAST Case No. PP-04-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT OF MILLENNIUM WAY, IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO BY: ASPEN GROVE DEVELOPMENT, LLC, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on June 15, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, and Jason Dunsmer, appeared and testified, and the City Council having received a report from Craig Hood for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK 1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 1 of 17 LJ RESOLUTION SUBDIVISION NO. 1 SITUATED IN THE NORTHWEST'/ OF SECTION 20, T3N, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-1.0, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, P.A. - PROJECT ENGINEER/PLANNER", Aspen Grove Development, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned L-O, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 G] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use Map and is zoned L-O. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to FINDIlVGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 2 of 17 serve area residents and visitors. Uses may include, retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The following are Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application: Chapter VI, Goal II, Objective A, Action item 12 Chapter V, Goal III, Objective D, Action item 5 Chapter IV, Goal I, Objective A, Action item 6 Chapter VI, Goal II, Objective A, Action item 3 3. The developer will be financing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire and police services. The site is currently serviced by city water and sewer. On April 9, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. The Fire Department does not know when a new station will be constructed in this area, south of the freeway. The conditions and requirements from the entities are listed in paragraph number 2 of the Order herein below. 4. The developer is installing sewer, water, and utilities for the development at their cost, and it is found that the subdivision will not conflict with the capital improvement program. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDNISION / (PP-04-010) Page 3 of 17 • The project lies outside the five-minute response zone goal of the Meridian fire Department. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. It is found that the development itself will not require major expenditures for providing supporting services. However, compounded with the other projects on the south side of the freeway that have recently been approved by the City, basic life support service in this area is not optimal at this time. 6. Other than the Fire Department's concerns with serviceability, staff is not aware of any health, safety or environmental problems associated with this subdivision. There have not been identified any environmental problems that maybe associated with the development of this site. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. 7. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK 1, RESOLUTION SUBDIVISION NO. 1 SITUATED 1N THE NORTHWEST % OF SECTION 20, T3N, R1E, B.M., CITY OF FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 4 of 17 ~~ MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-1.0, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, P.A. -PROJECT ENGINEER/PLANNER". 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 "VALENCIA PLAZA SUBDIVISION, A RESUBDIVISION OF LOT 1, BLOCK 1, RESOLUTION SUBDIVISION NO. 1 SITUATED IN THE NORTHWEST'/ OF SECTION 20, T3N, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, VALENCIA PLAZA SUBDIVISION PRELIMINARY PLAT, DESIGN BY STAFF, DATE: 03-02-04, DRAWN BY STAFF, JOB NUMBER 0304-2468, P-1.0, HANDWRITTEN DATE: 3-16-04, ASPEN GROVE DEVELOPMENT, LLC - OWNER/DEVLOPER, ROYLANCE AND ASSOCIATES, P.A. -PROJECT ENGINEER/PLANNER", Aspen Grove Development, LLC, Developer 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 5 of 17 • SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. Applicant shall meet all of the requirements of the previously approved applications (CUP-00-017 & Resolution Subdivision No. 1) as a condition of the subject Preliminary Plat. ~. > > ~ J b .~ a~as 41.; :~~ ,:~L.., .~ ~:,.~~ „t.tninin,• / ~ ,]'~' 1 T T D '~ /!'~T TDl ~. ~1.. !~'+ C O~ \ J v~uJ vc Y b Y~ Ul MVUVll R1TpAZIQ2TCCT . (Deleted per action of the City Council taken at their June 15, 2004 meeting.) 3. Provide a note on the plat granting cross-access to the lot to the west (Lot 3, Block 1, Resolution Subdivision No.l), to utilize the drive aisle within this development for access to Gala Street, as proposed. There shall be a minimum of 5-feet between the northern edge of the drive aisle and the south property line of Lot 1, Block 1, Gaudry Seegmiller Subdivision. Provide a note on the plat granting cross-access to all of the proposed lots within the subject subdivision to utilize the drive aisles and parking areas. Maintenance of all drive aisles and parking areas shall be provided for with a note on the plat, AND/OR a recorded document such as CCR's. The applicant shall provide the required documents prior to the City Engineer's signature of the final plat. 4. All drive aisles shall be constructed in accordance with Meridian City Code. All parking areas shall be constructed in accordance with Meridian City Code 11-13- 1.Any fire lane greater than 150-feet in length that is not provided with an outlet shall be required to have a Fire Department approved turnaround. Provide a minimum of 20-feet of pavement on either side of any landscape islands/medians within drive aisles that serve as fire lanes. 5. The submitted landscape plan, prepared by The Land Group, Inc., and dated 3- 12-04 is approved as submitted, with the following changes: In accordance with the recorded Resolution Subdivision No. 1, provide a 12- foot wide landscape buffer along Gala Street. Delineate said landscape buffer on the future final plat(s). The landscape buffer shall not preclude the construction ofhard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 6 of 17 • Two trees approved for planting within street buffers shall be installed along Gala Street where the conifers are shown (northwest corner of the plan). • Because of the existing irrigation easement, plant low-lying shrubs, not trees, within the proposed landscape buffer along the east property line. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12- 13-13-3). A revised landscape plan, shall be submitted for review and approval with the submittal of the Final Plat application(s). The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Contact Bill Gregory at Sanitary Service Company SSC (888-3999) for detailed review of your proposed dumpster locations and design. Submit stamped FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDNISION / (PP-04-010) Page 7 of 17 (approved) plans with your Certificate of Zoning Compliance (CZC) application. 10. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Mains shall follow driveways and not fall under landscape islands. Cover over the sanitary sewer shall be no less that three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Maintenance of all common areas, including but not limited to: drive aisles, parking areas, landscaping, etc., shall be the responsibility of the Valencia Plaza Business Owners Association. 12. A final plat shall be filed with the County Recorder within one year after written approval by the Council (MCC 12-3-8). The Applicant shall have one year from the approval date of the final plat, to begin construction of the public utilities and one year thereafter to complete construction of those public facilities (MCC 12- 2-4). STANDARD PLAT CONDITIONS: 1. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc. that has not been completed. 2. Streetlights may be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 3. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking area, so that the light does not spill over onto adjacent properties or rights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-14-4.C. 4. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDNISION / (PP-04-010) Page 8 of 17 • (detention/retentionhasins) 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. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 6. Coordinate mailbox locations with the Meridian Post Office. 7. Any existing domestic wellsand/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. 8. 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. 9. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. B. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. The applicant shall be required to construct a temporary turnaround at the terminus of Gala Street or provide the District with an easement over the parking lot for emergency services and the general public if not previously provided by Resolution Subdivision. Should the applicant chose to construct a temporary turnaround at the terminus of Gala Street the applicant shall be required to construct an ACRD approved turnaround at the end of Gala Street. Submit a design of the turnaround for review and approval by District staff FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 9 of 17 • 2. Utilize the existing driveway that is in alignment with Celebration Avenue as proposed. This location meets District policy and shall be approved with this application. Commercial driveways will be constructed as curb-cut type facilities if located on local streets. Therefore the applicant may construct acurb-cut in lieu of a curb return with 15-foot radii. Pave the driveway its full width (a maximum of 35-feet) and at least 30-feet into the site beyond the edge of pavement Gala Street. 3. Construct an additional driveway on Gala Street located 25-feet west of the east property line. This location meets District policy and shall be approved with this application. Commercial driveways will be constructed as curb-cut type facilities if located on local streets. Therefore the applicant may construct acurb-cut in lieu of a curb return with 15-foot radii. Pave the driveway its full width (a maximum of 35-feet) and at least 30-feet into the site beyond the edge of pavement Gala Street. 4. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site 5. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 10 of 17 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 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 11 of 17 • Afire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/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'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 3. Any roadway greater than 150-feet in length that is not provided with an outlet shall be required to have a Fire Department approved turnaround. Provide a 20' wide Fire Lane for all internal drive aisles. 4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 5. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. The proposed office will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group, our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 12 of 17 • 9. The first digit of the office suites shall correspond to the floor level. 10. All processes & storage practices shall be required to comply with the International Fire Code. D. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Overhead Clearance: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 13 ft. clearance for service vehicle height, including power and telecommunication lines. This requirement increases to 22 ft. clearance at container service locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard. Containers. Allow a minimum of 60 ft. frontal clearance for such containers. 3. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 4. Enclosure Numbers and or capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888- 3999) to discuss this matter prior to issuance of the certificate of zoning compliance. 5. Turning Radius: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. turning radius. 6. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 7. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in front of all waste enclosures greater than 6 and 8 cubic yards. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 13 of 17 • 8. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 9. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10 ft. clearance inside of the enclosure gates with the gates in the open position. 10. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 11. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will insure less mess in the enclosure as well as reduce gate damage. 12. Please contact Bill Gregory at SSC (888-3999) for detailed review ofyour proposal and submit stamped (approved~,plans with your Certificate of Zoning Compliance (CZC) application. E. Adopt the Recommendations of the Meridian Police Department as follows: To increase emergency access to the site, the applicant shall provide cross access to the property to the west. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. The Parks Department has no concerns with the site design as submitted with the application. G. 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. FINDIlVGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 14 of 17 • 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. G. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site there will be no impact on the District, however, if any surface drainage leaves the site, the District requires a Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. H. Adopt the action of the City Council taken at their June 15, 2004 meeting as follows: For clarification: 1. The applicant shall shift the drive aisle five feet (5') south between East Gala Street and Lot 3, Block 1, Resolution Subdivision so that it matches up with this adjacent lot on the west so that cross-access can be achieved. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 15 of 17 s • 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 cT~~Gr~- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_ 1~~. VOTED_~~~ VOTED ~~~~' VOTED__~~ VOTED '- ~~ _ `~. Mayor T de Weerd -~~ Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 16 of 17 s llliam G. Berg, Jr., Cit Cler • Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: -[' g' City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Valencia Plaza Sub PP-04-010\Ff~lsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT VALENCIA PLAZA SUBDIVISION / (PP-04-010) Page 17 of 17 • • ~Uly 2, 2004 az o~-027 MERIDIAN CITY COUNCIL MEETING .lUly 6, 2004 APPLICANT Farvvest, LLC ITEM NO. • REQUEST Development Agreement -Request for Annexation and Zoning of 14U.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision -north side of East McMillan Road and east of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See csfMched Development Agreement 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: ,,,~J SANITARY SERVICE COMPANY ~ ~° ' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: --~ ~ n ~ 1n i~ 1~~~.~ ~ i 1 V if Alit Q\I1~' 6ate~ ~ ~1 ~ v" 1 Phone.• ( ~ Emailed: u ~ ., - Staff Initials: Materials presented at pubNc meeMn~s shah became property of the City of Meridiar~. • • ADA COUNTY RECORDER J. DAVID NAVARRO 43 BOISE IDAHO 07/15/04 09:57 AM DEPUTY Bonnie Oberbillig Me id aDECREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~ AMOUNT .00 1 ~`~~~`~`~~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Robert and Marlene Rhead, Owner 3. George and Betty Boyack, Owner 4. Farwest, LLC, Owner and Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~S ~ day of ~Gyr~.Qi 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and ROBERT AND MARLENE RHEAD, whose address is 700 E. McMillan Road, Meridian, Idaho 83642, and GEORGE AND BETTY BOYACK, whose address is 6210 N. Meridian Road, Meridian, Idaho 83642, and FARWEST, LLC, whose address is 4487 N. Dresden Place #102, Garden City, Idaho 83714, which parties each are hereinafter called "OWNER" with the provision that Farwest, LLC is also hereinafter "DEVELOPER." . 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, 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, herein after referred to as the "Propert}~'; 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 "Propert}~'; 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, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 1 OF 21 • • 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the 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 ~ day of m~, 2004, has approved certain Findings of Fact and Conclusio s 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 "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Propert}~' is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "Cit}~' 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 AGREEMENT (AZ-03-027) RLD.061404 PAGE 2 OF 21 } • Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 are incorporated herein as if set forth in full. 3. DEFINITIONS: 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 "DEVELOPER": means and refers to Farwest, LLC, whose address is 4487 N. Dresden Place #102, Garden City, Idaho 83714, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Robert and Marlene Rhead, whose address is 700 E. McMillan Road, Meridian, Idaho 83642, and George and Betty Boyack, whose address is 6210 N. Meridian Road, Meridian, Idaho 83642, the party owning 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 parcel(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. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 3 OF 21 • 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 C which are herein specified as follows: Construction and development ofaplanned developmentconsisting of 433 lot residential planned development with 45 common lots, in a proposed R-4 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: "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 "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built. 2. No more than 236 building permits will be issued until a second public access is available, either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide. 3. Owners and Developer agree that they will defend and hold the City harmless from any and all damages for any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. Owners DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 4 OF 21 • • and Developer agree that by annexing this property, City is under no obligation to provide sewer services to the property on any particular timetable. No subdivision improvements beyond Phase 1 (that southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. A condition of this DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. Any existing domestic wells and/or septic systems within this prof ect 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 imgation. 3. 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 ornon-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. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Comply with all the conditions in the corresponding applications in this matter, Preliminary Plat, PP-03-032 and Conditional Use Permit, CUP-03-058. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 5 OF 21 C~ E. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows: For clarification: Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apri120, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with 1' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 201ots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also the any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 433 buildable lots (vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the Apri16, 2004 preliminary plat is approved. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 6 OF 21 • 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel 50530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel 50530244350). Aone-time building permit is allowed to be issued for Ada Co. parcel 50530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. Before being permitted to proceed with platting Phase 8, the Developer shall be required to stub to the flag lot at the common boundary between the terminus of Cactus Hills Avenue and the north boundary of the flag lot City water, City sewer, electrical conduit, gas mains and other public or private utility stubs normally associated with a public roadright-of--way (collectively "Services"); excepting, however, pressurized irrigation. Should the Owner of the flag lot want pressurized urban irrigation, the Developer will also stub that service in the event the Owner negotiates a hook up fee with the Developer, Settlers Irrigation District, or any other entity owning the pressurized urban irrigation system servicing the Property. The Services shall be of sufficient quantity and quality so as to permit the flag lot to similarly be subdivided into a density at least equal to that of the Property. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway. The DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 7 OF 21 • • pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7- 12,Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, together with the Boyack 5-acre property, which are a part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: The 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as the five acre parcel is connected with a dedicated public road, built in full compliance with ACHD's road bed, curb, gutter, sidewalk and otherright-of--way standards sufficient to provide the five acre parcel in its current state, or as a re-subdivision with full public access. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Tra ac: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACRD, for the fixing and building of roads in other areas and in the DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 8 OF 21 • future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. Density/Transition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the prof ect, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half- mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 7. COMPLIANCE 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 "Developer" or "Owner" and/or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Propert}~' 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. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 9 OF 21 • 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "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 "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "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: 10.1 In the event "Owner" and/or "Developer", "Owner" and/or "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 "Cit}~' of any default by "Owner" and/or "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: "Cit}~' shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 10 OF 21 t i 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 "Cit}~' shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "Cit}~' 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 "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 "Cit}~' and "Owner" and/or "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 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party 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 "Developer" agrees to provide, if required by the "Cit}~'. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 11 OF 21 • 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancywill be issued until all improvements are completed, unless the "City" and "Owner" and/or "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 "Cit}~'. 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" 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 after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Farwest, LLC 4487 N. Dresden Place #102 Garden City, Idaho 83714 DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 12 OF 21 • OWNER: with copy to: Robert and Marlene Rhead City Clerk 700 E. McMillan Road City of Meridian Meridian, Idaho 83642 33 E. Idaho Ave. Meridian, ID 83642 George and Betty Boyack 6210 N. Meridian 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 "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 "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions 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 "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "Cit}~', in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 13 OF 21 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 "Developer" and "Cit}~' 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 "Developer" 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 "Propert}~' and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 14 OF 21 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY:~Qa~ w~ Attest: OWNER: BY: ROB RT RHEAD BY: ~ ~ MARLENE RHEAD AND DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 15 OF 21 • Attest: BY: ~ ,J GEORGE B ACK BY: ~' .tom -e-~' BETTY OYACK CITY OF MERIDIAN B ~~~~~ AYO de WEERD ~~'°~e~ b~ ~-~ ,~ o~ ~~!" O s~AL ,~ o~ ~' ~~ `\ O ` >~: ; C~-r~,~~ 7- 6 ©~- CITY CLERK DEVELOPMENT AGREEMENT (AZ-03-027) RLD.061404 PAGE 16 OF 21 • STATE OF IDAHO ) :ss COUNTY OF ADA ) On this oC. ~~' day of ~~u~ , in the year 2004, before me, a Notary Public, personally appeared ~~t~ (gyp 1 d.S wt~i ~E-1~... and - , known or identified to me to be the ~~W~b2C" and of FARWEST, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. .•r'~4'•N E. IR ~,,~' r ~~OTARr {---. (SEAL) _ .~® p~By1G Notary Public for Idaho ~ '•.'~~ ••. ~~ Residing at: ,•yMT~ OF tOP Commission expi es: a w....-----.a~~ STATE OF IDAHO ) :ss COUNTY OF ADA 1 On this ~ day of ~ l,~,v~-~.~- , in the year 2004, before me, a Notary Public, personally appeared ROBERT and MARLENE RHEAD, 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. `\`lllltl4l l l i l l l l! I! 11111 y/!!!/! ' . .. / i € (SEAL). ~::;~, r ~ _ t~' ~, ;~~ Notary Public f Idaho Residing at: Commission expires: ~. ~ 2~~ DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 17 OF 21 • STATE OF IDAHO ) COUNTY OF ADA ss On this a $~~ day of ~J u~v~e, , in the year 2004, before me, a Notary Public, personally appeared GEORGE and BETTY BOYACK, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. '~4PC; E. 1$ ~' l~ ~~T ~ r c_~~~41,f~ C. - c (SEAL) * "~ * Notary Public for Idaho P V B Ltd' ~ Residing at: i!- •. '•.~ q~'••. ~'b Commission expire : S ti.~_ ~' OF l0 STATE OF IDAHO ) :ss County of Ada ) On this ~-~k day of Jr,~.~~/ , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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) ~oTpR}~ '~ of Public for Idaho * ~•'~' • * ° Re 'ding at: M er; c~ia K ~, J~UBLIG •' mmission expires: 0 0 0 ~~ 4O 'ter ~~`'•9~L' DP 19~•'~~' ~~~~~rd~~~u~-~~' Z:\Work\M\Meridian\Meridian 15360M\Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\Revised Develop Agr CLEAN 06 28 2004.doc DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 18 OF 21 • • EXHIBIT A Legal Description Of Property A parcel of land located in Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the south '/4 corner of Section 30, T.4N., R.IE., B.M., the real point of beginning of this description; Thence N 89°45'44" W 658.14 feet to the SW corner of the East % of the East %Z of the SW %4 of said Section 30; Thence N 00°29' S6" E 2644.36 feet to the NW corner of the East % of the East %2 of the S W '/4 of said Section 30; Thence N 89°54'41" W 461.96 feet along the south line of the SE '/4 of the NW '/4 of said Section 30 to a point; Thence S 00°OS' 19" W 24.00 feet to a point; Thence N 89°54'41" W 197.08 feet to a point; Thence N 89°53'36" W 1098.64 feet to a point on the west line of said Section 30; Thence N 00°23' 33" E 24.00 feet along said west line to the southwest corner of the NW '/a (West'/a corner) of said Section 30; Thence S 89°53'36" E 1098.69 feet to the SW corner of the SE '/4 of the NW '/4 of said Section 30; Thence N 00°29'44" E 1330.18 feet to the NW corner of the SE '/4 of the NW '/4 of said Section 30; Thence S 89°52'26" E 1318.19 feet to the NE corner of the SE '/4 of the NW 1/4 of said Section 30; Thence S 89°52'38" E 657.92 feet to the NE corner of the West %2 of the SW '/4 of the NE'/4 of said Section 30; DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 19 OF 21 • Thence S 00°32'25" W 1329.07 feet to the NE corner of the West % of the West % of the SE '/4 of said Section 30; Thence S 00°29'42" W 2647.60 feet the SE corner of the West % of the West % of the SE'/4 of said Section 30; Thence N 89°46'01" W 658.26 feet along the south line of said Section 30 to the REAL POINT OF BEGINNING of this description; This parcel contains 140.97 acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 20 OF 21 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 21 OF 21 • • BEFORE THE MERIDIAN CITY COUNCIL C/C 02/ 10/04 C/C 03/09/04 C/C 03/23/04 C/C 04/13/04 C/C 04/20/04 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 140.97 ACRES FOR PROPOSED SAGUARO CANYON ESTATES SUBDIVISIONFROM RUT TO R-4, LOCATED WITHIN SECTION 30, T4N, R1E, THE SQUARE MILE BORDERED BY CHINDEN BLVD., MERIDIAN, LOCUST GROVE AND McMILLAN ROADS, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT Case No. AZ-03-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 10, 2004, and re-noticed for March 9, 2004, and continued until March 23, 2004, April 13, 2004, and Apri120, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave McKinnon, John Priddy, Mike Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 1 OF 22 • McKay, Dean Briggs, Mike Youngberg, Grant Lee, Brian McColl, and Robert Greiner, 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 Ciry 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, 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 as described in the application, is approximately 140.97 acres in size and is located within Section 30, R4N., R1E, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, 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. 4. The owners of record of the subject property are Robert and Marlene Rhead and George and Betty Boyack and they have submitted an affidavit of legal interest to allow the submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on McMillan Road and the Boyacks own the other 60.9 acre parcel. Applicant is Farwest, LLC, represented by Justin Martin. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 2 OF 22 ! ~ 5. The property is presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4 (Low Density Residential). 7. The subject property is surrounded by the following properties and uses: North: Two, 10-acre parcels with single family residences and a 22.95-acre parcel with a single family residence, all zoned RUT (Ada Co.) South: Two lots in Crestwood Subdivision (5-acre lots), zoned RUT, and Cobre Basin (Havasu Creek Sub.), zoned R-4 (Meridian) East: One, 10-acre parcel with a single family residence, a 29.7-acre parcel with a single family residence, and Larkwood Subdivision (2-3 acre lots), all zoned RUT (Ada County) West: Two, 20-acre parcels with upper-scale residences and a 103.24-acre parcel with a single family residence, all zoned RUT (Ada Co.) 8. The Applicant proposes to develop the subject property in the following manner: a 432 lot residential planned development with 45 common lots, with the total lots being 478. 9. The Applicant requests zoning of the subject real property as R-4, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The North Slough Drain is a scenic feature that affects the consideration of this application. 11. The City Council recognized the concerns of the following individuals: • the Larkwood Homeowner's Association • Kenneth Christensen (letter dated 12/3/03) • Michael S. Adkins (letter dated 1/22/04) • John Priddy (letter dated 12/2/03) Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead, entered into the public record their letter of approval, and which is on file with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 3 OF 22 ~ ~ the Meridian City Clerk's office. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a new condition to the Development Agreement (paragraph l.a.) which states: "No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built." 2. Add a new condition to the Development Agreement (paragraph l .b.) which states: "No more than 236 building permits will be issued until a second public access is available, either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide." 3. Add a new condition to the Development Agreement (paragraph l.c.) which includes the following language, (Per City Council meeting Apri120, 2004.): "There shall be a hold harmless agreement executed by the Applicant in favor of the City of Meridian that the Applicant will hold the City harmless from any and all damages for any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. Applicant agrees that by annexing this property, City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (that southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid." B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The applicant/owners shall enter into a Development Agreement (DA) with the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 4 OF 22 • Meridian. A condition of the DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACRD and shall faithfully perform the terms of such agreement or agreements. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 3. 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. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Adopt the action of the City Council taken at their Apri120, 2004 meeting as follows: For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apri120, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 41ots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with 1' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 5 OF 22 • • 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also the any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the Apri16, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel 50530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel 50530244350). Aone-time building permit is allowed to be issued for Ada Co. parcel 50530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 6 OF 22 • • in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Tra ac: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACRD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the prof ect, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 7 OF 22 • to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 13. It is found that the requested zoning designation, R-4, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential". There is a minimum target density ofthree (3) du/acre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 du/acre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The Applicant proposes to construct a 10-foot-wide regional path from the parcel's west boundary to the northeast boundary. Joint School District No. 2 has purchased 40 acres of the 110-acre Aschenbrenner parcel to the west for a middle school site and they are not pursuing any further land acquisitions in Section 30 at this time. There is no awareness that any efforts of the Meridian Parks and Recreation Department is undertaking to acquire land within this section for a public park. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 8 OF 22 • • The Comprehensive Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (policy #8, page 108 )and similar policies aimed at controlling growth. The majority of this development precedes the permanent sewer trunk line that is intended to serve this area (North Slough). The Comprehensive Plan policies which generally support the annexation request are as follows: Ch. V, Goal III, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 Ch. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 14. It is not anticipated that the applicant intends to rezone the subject property in the future. This is the first urban-scale development and annexation application in Section 30, T4N, R 1 E. Upon extension of the North Slough Trunk into this square mile, additional rezone requests are anticipated. 15. It is found that the proposed single-family residential subdivision would be allowed within the requested R-4 zone, with a Planned Development to allow the reduced frontages, lot sizes and house sizes. 16. It is found that the land directly south of the subject property was approved for development similar to the proposed subdivision in 2002 (Cobre Basin/Havasu Creek). There is an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 9 OF 22 • • existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north boundary. Also, a new elementary school is currently being constructed in the northeast corner of the section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is found that the requested zoning district (R-4) is harmonious with several other approved developments in the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Falls, Cedar Springs). Neither McMillan or Meridian Road (between Chinden and McMillan) are programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion of the North Slough Trunk that is not yet constructed. It is found that the requested zoning and annexation could be deemed premature for this section (T.4N., R.IE, Section 30) based on the Comprehensive Plan policies noted in 13 above. However, the approval of Havasu Creek Subdivision and the school district's intent to construct a new Middle School in the next two to three years demonstrates a certain degree of intent for the City to expand in this area. 17. It is found that the proposed single-family residential use will not change the existing rural character of the subject property. There are two estate-style properties abutting the west boundary and a low density, county development to the east. Neither of these is expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single-family and multi- family housing at 3 to 8 d.u./acre. The proposed use is compatible with the Future Land Use Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 10 OF 22 • • The design and density conforms to most of the Comprehensive Plan policies. 18. It is not anticipated that the proposed residential uses will be hazardous. However, it is found that the new residences may be disruptive to existing agricultural practices to the west and north. 19. It is found that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stormwater drainage facilities. As noted under paragraph 13 above, the north two-thirds of the parcel are not served by sanitary sewer. There shall be a hold harmless agreement executed by the Applicant in favor of the City of Meridian that the Applicant will hold the City harmless from any and all damages fro any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. The Applicant agrees that by annexing this property, the City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (the southerlyportion ofSaguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. Review of the ACHD, Police and the Fire Department comments concerning this subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 11 OF 22 • will provide further information regarding public services and facilities. 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. 21. It is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision. Referral of the TIS prepared by WGI that accompanies this application will provide specific details on traffic impacts. Specifically, the Red Horse Way/McMillan intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 22. It is found that the subdivision's vehicular approaches off of McMillan Road will need to be aligned with the existing public street on the south side of McMillan and comply with the turn lane and intersection control conditions imposed by ACHD. The other proposed roadways will need to be improved incompliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review of ACHD comments concerning vehicular approaches and traffic generation will provide additional information on this matter. ACHD has approved Saguaro Canyon application. 23. It is found that no natural or scenic features of major importance will be lost or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIlVG SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 12 OF 22 • • damaged by approving theannexationand re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of "major importance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that water, irrigation, solid waste, library and street services are available to the site. Sewer and fire service are readily available to approximately 50 of the 442 buildable lots. Existing elementary school capacity remains an important but undetermined factor for this subdivision. In his November 10, 2003 letter to the city, Mr. Wendel Bigham states that "additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school." Both Havasu Creek and Paramount Subdivision, approximately % miles to the west, have been approved for new elementary schools, although neither of these sites has a construction date at this time. Long-range planning in the North Meridian area has been underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. It is found that the annexation of this property may or may not be in the best interest of the City. In particular, paragraphs 13 and 16 above, raise concerns about the timing of expanding the city limits into Section 30 (T4N, R1E) prior to all municipal and school district services being fully addressed. 25. 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. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 13 OF 22 • • condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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. FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 14 OF 22 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Ch. V, Goal III, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 Ch. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 5. The zoning of (R-4) Low Density Residential is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 15 OF 22 Subdivision and Development Ordinance of the City of Meridian. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. 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: The applicant's request for annexation and zoning of approximately 140.97 acres to Low Density Residential (R-4) is granted subj ect to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 140.97 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. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a new condition to the Development Agreement (paragraph l .a.) which states: "No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built." 2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "No more than 236 building permits will be issued until a second public access is available, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 16 OF 22 • either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide." 3. Add a new condition to the Development Agreement (paragraph l .c.) which includes the following language, (Per City Council meeting Apri120, 2004.): "There shall be a hold harmless agreement executed by the Applicant in favor of the City of Meridian that the Applicant will hold the City harmless from any and all damages for any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. Applicant agrees that by annexing this property, City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (that southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid." B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: The applicant/owners shall enter into a Development Agreement (DA) with the City of Meridian. A condition of the DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 3. 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 fmal plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 17 OF 22 • C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows: For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with 1' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also the any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 18 OF 22 • Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel 50530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel 50530244350). Aone-time building permit is allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 19 OF 22 • representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Tra ac: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the prof ect, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 20 OF 22 • i ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 21 OF 22 COUNCILMAN SHAUN WARDLE VOTED_ ~~~ COUNCILMAN BILL NARY VOTED_`~K.~ COUNCILMAN CHARLIE ROUNTREE VOTED_~~~~ COUNCILMAN KEITH BIRD VOTED_zy~~L- MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~'-" DATED:_~~, Off-' MOTION: APPROVED: DISAPPROVED: ~~~~~` ~ c~ ~' de Weerd Attest: `~~~`~ '~''~ '~. G~ `~~oRPORq r~o92 ~_, ~ _ SEAL / '9 ~ ... William G. Berg, Jr., City Clerk = ~ -~~ ~sT ~sT ~ 1`~ (~ ~~~ Copy served upon Applicant, the Planning'~~rT~~~~artment, Public Works Department and the City Attorney. B . `~~~L y Dated: ~ Q City Clerk Z:\Work\M\Meridian\Meridian 15360Iv1\Saguaro Can}ron Estates Sub AZ-03-027 PP-03-032 CUP-03-058\AZFflCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 22 OF 22 July 2, 2004 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT ITEM NO. • REQUEST Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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: ~ j ADA COUNTY HIGHWAY DISTRICT: ~~ ~ IJ SANITARY SERVICE COMPANY I CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • RECEIVED JUN 141004 City of Meridian City Clerk Office Memo To: Tammy de Weerd, Mayor From: Clint Dolsby CC: Brad Watson Date: 6/23/2004 Re: Proposed Agenda Item for June 29, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 29 City Council agenda, under Consent Agenda, for Council's consideration: Temporary Easement Contract for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension. A temporary easement has been signed by Richard Jordan for the construction of the water main on his property at the intersection of Eagle Road and Ustick Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the temporary easement contract for the construction of the water main on his properly at the intersection of Eagle Road and Ustick Road for the landowner Richard Jordan and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 YJb/ LL/LI~b4 by: 4:i 2884654848 RICHARD L JORDAN PAGE 03 • w .. v y • ~ 002/OOs~ TEMPORARY CON$T'RUCTION EASEMENT THIS iNpENTURE, effective thin ,~`'~day of 3ltet.~_,2p04, by the and®rsigned, shard .lordan~who maintains s malling address of 718 a ells Rd Kuna D, hereafter referred to as "GRANTOR" for the benefit of the Glty of Meridian, a muniapal rorporatlon of the State of Idaho that maintains a mailing address of 33 Est Idaho Street, Meridian, Idaho 83642, hereafter referred to as "GRANTEE"; WITNESSETH: FOR VALUE RECENED, and for the terra and u$~ and on the terms and conditions hereinafter set fprth, GRANTOR does hereby grant to the GRANTEE an easement (the `EASEMENY'~ under, over, thrpugh and across that certain real property owned by GRANTOR situated in the COUNTY dF ADA,. STATE OF IbAHO morA partlwlarly described or depicted on Exhibit "A' e~ttnched hereto and by this raf~erence made a part hereof (the °Servient Estate"). Thls grant is made on the following terms: 1 • Authorized Uses by C3RANTEE, The dRANTEE's use of the Easement granted herein shall be in connection wM;h the o~nstruction of a water main on adjoining and abutting proporty owned by GRANTEE (the "Dominant Estate', for *ccess and egress for equlprnent and vehicles, for construction, excavation, storago of earth and other materials ~tereon, for surveyinfl, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such water aonstrucHon and improvement, and for ingress and egress to pad from the Dominant Estate. 2. Uao by_Others Un ar pR,4NTEE, The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend t4 use by GRANTEE'S Commissioners, employees, contractors and agents. 3. Term This Easement shall be for a term commencing on the date of the GRANTOR'S execution of this indenture and terminate on the Completion of the water main extension project construction on the Dominant Estate. On the expiration of the term of this Easement, the rights 8nd privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be nu11 sand void end of no further force and effect. 4, Ind ificatio , GRANTEE hereby Indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shaft result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. 5, Restoration on F~cpir leis of Terris, On the expiration of the term of this Easement, the Servient Estate shall be regtored by GRANTEE, 8t its sole oogt and expense, to at Isast bs good a condition ~-$ existing on the date of this Indenture. 6. ~i[-ding EffeC . This Easement, and the covenants and agreements herein contained, shell, during the entire term hereof, be binding upon and Inure to the benefit of Temporary Easement Page 1 of 2 rJb/ LL/ LF~174 F7~: 4d 1bti4b54d4d RICHARD L JORDAN PAGEE 04 • .. . ~.. .•n ~vu UL JJ0~70 • C~oU3/OOJ • (i) GRANTEE AND GRANTOR, respectively, and their successors and aSSigne, and (ii) their respective interests in the Dominant anq Servient Estates. 7. A~u~. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the GRANTEE for the term hereinabove set forth. GRANTOR covenants tq the GRANTEE (a) that the GRANTEE shat) enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; end, (b) GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and ppssessed of the Servient Estate and has the right and authority to grant this Easement to GRANTEE, tN WITNESS WHI=REOF, this Temporary Construction Easement has been duly executed by GRANTOR, the day, month end year herein first above written. CITY pf Meridian ay Tammy de Weerd,lvlayor ATTEST: William Bed Jr., City Clerk Cl RS: Hy- Punted: I1' ~ cl7~iQ~ ,C ~J Date: ~ - ~ - y „_ ~_ Social 'ty Nw~nber: ~~4f By.• Printed: City Council Approval Date; Datra; Temporartr t=element Page 2 of 2 uoi ~~~ LYJYJ4 YJ~: 4~ 1bti4b54848 N 89'44 54"W 2 856.50' M ., _ U STf -- ROAD -- F ~„ _ _~ _ ~ ~.i ~ Se5'17'17 E ~-~~-~ N33'1 i .56.72' N88'OD'34' 14.79' TAX PARCEi. ~ S110S110012 RICHARD L JORDAN PAGE 05 X1004/005 ''. r'~'r ~ I~ ~--- - T~ - ~- - -- •-~. ~- - -T ---j ~~ ~~cl:. wl. ~ MONU~E~IIJT ~'-~ ~~ II 32 33 ~ 1 ~ ~ 4 ~ ~ ~' ~~ ` t- r • ~ S33'11 02 E ..5 ,~ 16.3' V~ c~ ~ ~~ , ' i ~ 1 .91 ~ IVG ~ I OF ~~ f ~_ • ~, 01'50 26"W ~ 1 U ~ ~ ~ 3~1~ . ' , I (Q tll I I ~ d e l ,N I id I I I ~ J 1 I w I `a ~ ~3 I ~ ~ ~ I I Q i 1 1 j ~ I I ~ W I ~o l i ~'~~ ' ~ ~. ~, ~ N. -= .~i SCALE: 1 "= p' COBB9, ifENNEVICK AND JORDAN PROPERTY PEAWAt~NT UTIU'ry EA3E7NENT - Q(HIBR ~1 06/22/2004 09:43 2084654848 Vt1/G I/LVV4 iu;un rKR 'LUa~L~a~ . ~ ~„~._ ~~°u~~ ~- EngineerR Surveyors Planae~rs Project No.; Eagle Road Water Line (11987') DatQ: May 14, xt704 Parcel No.: 51105110012 Grantor(s): Dobbs, Kennewick, and Jordan RICHARD L JOR~N CRY OF MERIDIAN A 30' WIDE PERMANENT UTILITY EASEIIAENT LAND SITUATED IN ADArCOLINIY A strip of land located in a part of Government Lot 1, Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, tvr the purpose of a 30-fvok wide permanent utility easement, more particularly described ds follows: Commencing st the Northeast comer of Government Lot 1, Section 5. T.3N., R.1E., B.M., Ads County, Idaho, marked by a found brass cap, from whidf, a brass tap marking the Northwest comfier of Government Lot ,Z, Section S bears North 89°A4'54' West, 2,656.50 feet; thence SoutA 44°25'12" West, 62.73 feet to the intersection of the Westerly right-of-way of Eagle Road and the Southerly right•of•way of Ustick road; thence glong the Westerly right-of-way of Eagle Road, South 01°50'26" West, 12.91 feet to the POiN7' qF BEGINNING; then~r Continuing along tfie Westerly right-of=way of Eagle (toad, South 01°50'26"• West, 31.17' feet; thence leaving the Westerly right•of-way of Eagle Road, North 88°09'34" West, 1 A, 79 feet; thance North 33°11'02" West, 51.72 feet to a point on the Southerly dg~-~,~,y of Ustick road; . . thenc+a along the Southerly right-of•way of Ustick road, South 85°17'17' East, 36.02 feet; tilencQ leaving the Southerly rigpt•of-way of Ustidc road, South 93°11'02" East, 16.33 feet to the POINT OF BEGINNING; Containing 0.030 acres (1,326 square feet), more or less. END OF DESCRIPTION. Prepared by; J-U•B Engineers, Inc. Ronald M. Hodge, P.L.S. RMH/TLK:tak F:~Prs~aceM+nagers~PHik~17987•lNeridian Marc waCec'111907•Su~lDescrip4on~111917•PlrlnlhBltyEase.doc PAGE 02 ~ oa3/oos i ., . • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT ITEM NO. • REQUEST Leadership Scan contract with AspireOn AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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 `.M CENTRAL DISTRICT HEALTH: (/~/ J, NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. U Memo To: City Clerk From: Gary D. Smith, PE CC: file Date: June 25, 2004 Re: "leadership Sian" -- Approvpl of Contract with AspireQn n U RECEIVED JUN 2 8 2004 City of Meridian City Clerk Office Please place this item on the next available City Council Consent Agenda for approva{. Thank you, Gary .Smith kom the desk of... Gary D. Srtrgh, t'E RabYc Works Dir:ctor Merician Pubic Works Deparlrnent 660 E. Waterfower lane, Suite 200 Meridan, Idaho 83442 {208) 898,550() FCVC: (208) 8989551 • Page 1 City of Meridian Leadership Scan Public Works Department -City of Meridian I. Objectives: A. Customize a Leadership Scan for the Public Works Department that has the ability to incorporate their new values, key leadership behaviors, and leadership focus competencies (based on initial information with the ability to add in additional value/behavior elements as this information. becomes available). B. Educate teams on the use of the scan and how to properly fill it out to ensure an appropriate understanding and achieve accurate results. C. Complete initial Leadership Scan for the Public Works Director, City Engineer, Wastewater Superintendent, and Water Superintendent. D. Review results of the Leadership Scan with the Public Works Director and deliver coaching on providing feedback on the tool. E. Outline ongoing scan implementation inclusive of integration with overall City efforts in leadership development, accountabilities, and values. II. Fee Structure: Executive Coaching/Execution-Engagement Consulting: $150/hr Interviews/Analysis/Plan Development: $125/hr Preparation/Customization/Review: $100/hr Support/Preparation: $40/hr Leadership Scan: $400/scan III. Project Elements: A. Meet with Public Works Director to discuss elements to be incorporated into Leadership Scan reference specific behaviors and leadership competency focus areas. -Also meet with Public Works Director to review and fmalize the scan. (2 meetings @ 1.5 hours each) Up to 3 hrs @ $150/hr = $450 B. Customize Leadership Scan to meet the needs of the Public Works Department. Up to 2 hrs @ $125/hr = $250 Up to 4 hrs @ $100/hr = $400 Up to 4 hrs @ $40/hr = $160 C. Develop Scan Results Implementation Plan 1 hr @. $125/hr = $125 2 hrs @ $100/hr = $200 D. Meet with Public Works employees identified to complete scan (inclusive of those in Water and Wastewater). Review Leadership Scan with employees - educate on purpose of the scan, how to properly fill it out, and have individuals complete scan (1 hour with each group - 3 groups). 3 hrs @ $125/hr = $375 E. 4 Leadership Scans 4 scans @ $400/scan = $1,600 F. Coaching sessions with Public Works Director and or Mayor on providing feedback on Leadership Scans. 4 hrs @ $150/hr = $600 Total Cost of Section A - E: Not to Exceed 4 160 F. Expenses: There will be no travel expenses associated with this project. ASPIREON: DATED: ~ 5~~ CITY OF MERIDIAN: AspireOn: B . . '`l er ief St City of Meridian: DATED: By: Authorized Representative • July 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST License Agreement for Centennial Park Parking Maintenance 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: July 6, 2004 • ITEM NO. COMMENTS See attached uU f ° ~ Date: Phone: Emailed: Staff Initials: Materials preser>ted at public meeMn~s shop become property of the CHy of Meridian. Ada County Highway District John S. Franden, President 3775 N Adams Street David E. Wynkoop, 1st Vice President Garden City ID 83714 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 David Bivens, Commissioner E-mail: tellus@ACHD.ada.id.us June 21, 2004 City of Meridian Parks Department Mr. Elroy Huff 11 W Bower ' Meridian, Idaho 83642 Dear Mr. Huff: RECEIVED JUN 2 9 2~4 City of Meridian City Clerk Office Enclosed is the License Agreement you requested. Please sign the Agreement and return it to the Ada County Highway District for signature. Upon ACRD signature, a copy of the License Agreement will be returned to you. Should you have any questions, please call me at 859-2675. Sincerely, Jennifer Likes Ada County Highway District Enclosure R,EcErv~D ~uN 2 3 20~~ CITY OF MERIDIAN • Property Management No. Street: E Idaho & E 3rd Street T.3N., R.1 E., Sec. 7 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this day of 2004, by and between the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACRD" and CITY OF MERIDIAN ~ , hereinafter referred to as "Licensee"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED: SECTION 1. RECITALS. 1.1 ACRD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACRD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACRD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Licensee to construct, install and maintain diagonal public parking along E Idaho Street and E 3rd Street. Licensee is responsible for stripping of the parking stalls. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACRD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of- Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights LICENSE AGREEMENT -Page 1 (5/16/02 A:\Idaho & 3 license agr.doc • of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, INSTALLATION OF IMPROVEMENTS. Any construction and/or installation by Licensee of improvements, including, without limitation, buildings, fixtures and landscaping (the "Improvements"), on, over, across and under the Right-of-Way shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACRD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACRD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. TERM. 4.1 The term of this Agreement will commence on the day of 2004, and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 4.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACRD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 5. FEE. There is no fee for the Licensee's Authorized Use of the Right-of- Way under this Agreement. SECTION 6. MAINTENANCE• FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 6.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACRD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 6.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: LICENSE AGREEMENT -Page 2 (5/16/02 A:\Idaho & 3 license agr.doc (i) the performance by Licensee of the maintenance required by section 6.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACRD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 6.3 Notwithstanding the provisions of section 6.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 6.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 7. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACRD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACRD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 8. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. LICENSE AGREEMENT -Page 3 (5/16/02 A:\Idaho & 3 license agr.doc • SECTION 9. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 10. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 11. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 12. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of- Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that "some or all of such Improvements are to remain on the Right-of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 13. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 14. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, LICENSE AGREEMENT -Page 4 (5/16/02 A:1ldaho & 3 license agr.doc a • including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right-of-Way. Licensee covenants and agrees to indemnify and hold ACRD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 15. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license. herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 16. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 17. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACRD: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Parks Department Mr. Elroy Huff 11 W Bower Meridian, Idaho 83642 (208) 895-5501 LICENSE AGREEMENT -Page 5 (5/16/02 A:\Idaho & 3 license agr.doc • SECTION 18. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACRD under section 15, Licensee's assigns. SECTION 19. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 20. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person(s) executing the Agreement on behalf of Licensee represent(s) and warrant(s) due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ADA COUNTY HIGHWAY DISTRICT Randy Lane, Right of Way Supervisor CITY OF MERIDIAN By. - ~ ~~~~~~-~auuray~~~ ~." ~~v ,. 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I 1 ~ 1J ~~ ~~ ~ d ~ ~ ~~ ~ ~~ ~ ~ ~~ a ~ 3 ~~ ~ s ~ ~~ ~~ ~~~~~ ~~f~~ ~~~ ~ o ~ ~ ~ ~ ~ 3 ~~ ;•', 8 ~ ~ ~ ~ ae "~~ ~~ ~ c ~ ~ \ o ~ ~~~~~ ~~~ ~~~ ~ ~~~~g~~ ~~y likg ~ ~ ~~ Z o ~~Ea~ 4~~~ ~~~! ~ ~ ~~ u d ~ ~ ~~Y ~ ~ ~ ~~~~ I ~ ~ m e ~~ x e y 7~ n GG u~1 ~ d ~ C~~ i q5 ~p ip ~ ~ 9[ > ~ ~3~~ } ga s rii g a ~ ° ~]~ > W ` Y ~ J _ ~ ~~ U ~ Z 0 x ~a m ~ 5 ~ ~. 0 i ~~~ • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT ITEM NO. • REQUEST Approve Beer and Wine License for Andrades Restaurant -2031 East Fairview Ave. 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meelin~s shah become properly of the City of Meridian. COMMENTS See altoched GL ~~ ~• J~"t -~., f~'. '`~' LEGAL DEPARTMENT MAYOR ' R'-~i. '' cg (208) 466-9272 • FAX 466-4405 Tammy de Weerd ciTV of ~~:''~~"'~"~:I, PARKS & RECREATION 'l• ° (208) 888-3579 • Fax 898-550] CIT .' COCNCIi, ivlEivIBERS ~YIG~IG~-yl " ~ ~` \~' ;' PUBLIC WORKS Shaun Wardle I IDAHO '' (208) 898-5500 • Fax 887-1297 . William L. M. Nary ~`~y i,~~ BUILDING DEPARTMENT Charles M. Rountree ~ ~ ~ (208) 887-2211 • Fax 887-1297 Keith Bird tirER ° ~ TREASURE V ~~ ~ SINLE PLANNING & ZONING .'.1903 (208) 884-5533 • Fax 888-6854 APPLICATION FOR NEW BEER LICENSE APPLICATION YEAR Z ©d ~~ (1) Application is hereby made for a license as a CZ C~ RULER Retailer or Package Vender Only ~ t) Of beer and fee in the sum of $ ~~~'' is enclosed. (Retailer - $20 .00 Package Vender - $50.00) Name of Business (~ 1~-'~ 2C-~"9 C~ ~ -~ Address 2031 E AS's FA\(2,V\G-~-.1 l4.VEt~I~EPhone L~2y1 ' 88q~ Type of Business (Insert: Corporation, Individual, Partnership, etc.) Name of Applicant .1 A V ~ C.2 (~ ~'~2A'~ Address 2S'~ MEfak~Oy7 L N Phone ~ ?~ ~ fo~(c'O Address of Premises?b~~ C . 'RR\Cw~Gw /'hV M~CZ'l`~\A1J 1i4~ A Street Address City County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage: $ ~ leased ~ rented Owner of building is ~ ~ 'R\NANe.\Al, l.l.C ~IoMhS IM• REyA1J, Name and Address ~.ZaZ NoR'iH Ma\RGV FgE I~tvE ~ Sv~~E \O 1 Person holding mortgage on premises is ~'~E ~ t~ $3~'0~l Name and Address Fixtures in the premises are of the value of $ Z •~ ~O and are (check one): Owned Held on Conditional Sales Contract Leased or '~ Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: ~- ~ F ~N A N c-~a~ Name and Address 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 • • If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: ~ ~ CL~ L - 'L ~ ~ 20o LI Registered Office: ~ 0 ~ S ~ ' l ~ Name of Manager of Corporation: ,S (~ ~ ~ CR (k ~til CL A'~ E Manager of Corporation became a resident of Idaho on: O G'~ - 1.2 _ ~ ~1q3 Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 2 4. 5. 3. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY ~~ ~d=R A~''42~'i7G ,being first duly sworn on my oath and say: That I reside at ~o~S~ ~ ~7 that I became a bona fide resident of Idaho on oc_T ' ZZ - ' , ~9q3 that I am connected with the above named applicant as ~ Owner Partner Manager of Corporation • • That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forteited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer or liquor have been refused, suspended or revoked (if none, write "none°) Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation That I am a citizen of the United States: (if naturalized, give number 8 place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any c liquor or malt beverages. --~ _ -~ Signature of Subscribed and sworn before me this O~ ~y of _ of wholesaler or jobber of Residing at r J(J'y~ Commission Fires: _~ False statements in this application constitutes a felony and are pur than fourteen (14) years (Title 18, Chapter 54, Idaho Code). .• *: Npt~•, • %N~_~~LIC _. by imprisonment for not more SEE REVISE SIDE FOR SALE OR TRANSFER OF~IS LICENSE r S 5 ~ W N O ti 0 D ~~ ~. ] V "~`r~~ F I O ~ (~ ~ (~ T Q' (D ~ ~ V C (D ~ (~ ( ~ ~ c') /~ ~ ~ I ~ `iV O"' ~j, ~ ~~ ~~. ~ ~ ~ ~p ~ ~ ~ b ~ ~ y . 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L~ / .iIQL h000d 90.0 :~Oht OL t h2 E:~ .IIOt 05 00.1 ~- - - ®waw O610-£59E8 Ot'tldWVN • O6 t X09'Od ~~..[~ tl31N3~'JNOINtl9lItl13H OpOg-ggy¥ eunewoH 4'- ~o~auo~.w.~va oc~~09}~ $ r~>~~~~w o L~ 7 4bZE`b40L-Z6 O- bZ ' 9 ~~ QT05 ~~ A. ~~ Q M 00 .~so o- Ll. ~ W O~M~ :J ~~` ~ V 'C` Zb9£8 dl `Nt/I41a3W E04 '31S `'3n'd M31Aai`d~ '3 LEOZ OIdb~OiX3W 31N~daflt/1S3a S~3Of/daNV~ O ~ L~ --- z U -- --- ~ --- -- --- --- -- --- --- - - --- --- -- - - - --- - ~ J a • ~ o_ a ~ z S r+ F {- ~ J Fa- ~ Z w J ~ W LL ~ a o Z M LL ~ Q a ~ q W v ~ - a °' ~ ca .. Q . z O w ~. ..~ Q LL O Q Z ~ W U Z F a w _ U Q } ~ ~ J ` W F- U -o r V W _ p Z > .~ ~i >. ~j ~ CJ ~ F O ¢ m z ~ W ~ M U 2 N M ~ N v ~ ~ ~ ~ a Q Q e '® • False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). NEW WINE LICENSE APPLICATION -INTERNAL APPROVAL CHECKLIST For Internal -Office Use Only: Applicant Business ] Location: ,.'c~~ Wine License Application /File Fee: c~o" ~~ Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Date Planning & Zoning Department: P & Z Administrator Approval: Signature Date Public Works Department: Public Works Director Approval: Signature Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. THANK YOU. Receipt No. ~~~ "! • J ~ , .: i f ' ~ ~~ LEGAL DEPARTMENT MAYOR ~ ~ ~ q iY .~ (208) 466-9272 • FAX 46G-4405 Tammy de Weerd `. _ ,~ CITY OF ~rt~~,~'`~?-f:.. \ ~ PARKS & RECREATION CITY COUNCIL MEMBERS • '"t P //1 j~J \ • ~~ ~~ (208) 888-3579 • Fax 898-5501 ~ v /` ~ ` PUBLIC WORKS Shaun Wardle ~ ID,'~HO ~ (208) 898-5500 • Fax 887-1297 William L. M. Nary `~;~e i ~ BUILDING DEPARTMENT Charles M. Rountree cFtiT eR ° ~~` (208) 887-2211 • Fax 887-1297 Keith Bird ~ TE:ensuae v. !SINCE 1903 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 APPLICATION FOR NEW WINE LICENSE APPLICATION YEAR ~] O~ L-I (1) Application is hereby made for a license as a CZGT P~tI..G 2 Retailer Only d~ Of Wine and fee in the sum of $ ~ -- is enclosed. (Retailer- $200.00) Name of Business A-~~12P\'~ C S Address 2031 ~ • P A~ ~2V~~~ /C~ ~u E' STE \O ~_ Phone ~lL~' g 8~ O Type of Business Cf;~EtJ - l,L C Ca 2~ (Insert: Corporation, Individual, Partnership, etc.) Name of Applicant 1 F~y ~C CZ (~ l~•n2(~"~ C Address '~ ~ MC ~~ L1J Phone Z...g 3 ~ ro 06'6 Address of Premises "Z.O~ I E P Po ~~~ ~.G-'W Q V M E2.mlA 1~ ~~ }I Street Address City County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage: $ leased rented Owner of building is ~ Q ~\ N A NC\ l~tl LI.C ~ T ~ hS M ~ ~ A N, Name and Address 4 •t,o2 ~eR•tN IIq rtQCU ~ ,qVG . Sv ~'~'E lal L Person holding mortgage on premises is O1 S E 1 ~~ 3 ~o ~ Name and Address Fixtures in the premises are of the value of $ 1A00.°° and are (check one): Owned Held on Conditional Sales Contract Leased or ~ Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: ~ ~ F ~ ~ A ~ c_~ ~} L - Name and Address 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 • , • If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: Registered Office: Name of Manager of Corporation: Manager of Corporation became a resident of Idaho on: Names of all ofFcers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 4. 2. 5. 3. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I, '-a~~~R A ~'~ctP+'~G ,being first duly sworn on my oath and say: That I reside at ~' `~ G ~ `~ :that 1 became a bona fide resident of Idaho on ~'~ ~ 'ZZ \ `i9 that I am connected with the above narr~d applicant as Owner Partner Manager of Corporation ;~ • That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write °none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write °none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery 'nary, br ry, of wholesaler or jobber of liquor or malt beverages. ° /1c / Signat~ of Subscribed and swum before me this ~ day of ~~~~~~~1NE E ~/~,~~~~i d~TA9` '~y~" .C~ ` • _~ *~ ~~~_ • ~*~ '0~s~ic '~~~si9~OF IDA~~~~~~`` ~~~~IUIlIt11~~~~ ~~ Notary Public, State of Idaho ) \ / Residing at: ~i~a-.P l ~ 1 Commission E~ires: Z °' Q U ti ~ ~ 0 ~ ~ ~ O ~ W U •~, ~ ti ~' ~ '~ ~ ~ _o '~ 'Zc o W o ~ o I.- ~~ ~ N (n pi Q, o w Z ~ Nry •~, W ~ ~ O ~ o Q ." ~ W ~ ~ N o ~~ ~ ~ ~ '~ "~ J lai ~ ~ ~ o ~ ~ O W ,~bo ~ ~ Z _ ~ ~ ~ U M ~ ~ m N ~ ~ X .~ ~ O ~ Ct w °' ~ ~ s J W ~ .,,, ~ V -~ I- ~ ~ Q Z z ~ ~~ Q ~ ti~ o ~ ~ ~ ~~ ~ ~ Q ~ ~ ~ ~ w I- y ~ ~ ~ o ti M ~ W N o ~ W ~ ~ ~ •~ ~ ~ N (~ ~' "~ ^~~ ~ ~ V N O ti ~ V QQ Q ~ •~ U by ~ ~ ~ ~ w ~ ti ? ~ ~~ ~~ ~ ~- ~ o Z ~ o w ~ ti ~ ~U ~~ ~ .~ ~ ~ a ~ '~ •tiQ ° r a 0 a E U J J 0 O Z U _ X w ~ ~ W U J z ~ a J ~ Z Q Q ~ > o a ~ C~ Q ~ ~ Q O M (n (n Q O O ~ ~ ~ 0 m W ~ ~ M ~ _ Q Q N m }I}looooo0 a~ a~ooooo0 ooloooo ~n o ~n W W O L.L C ~ ~ ~ O C C Q •L Q Q U ~ m a~ ~ ~; ~ a~ ~ m ~ ~ ~ ~ ~ ~ ~ ca ~ m ~ ~ ~ o ~' cyn a~ m c c ~ O ~ m Y ~ ~ J O O O .Q W U a W h 0 m v_ 0 `o v O 0 0 N O M i d' 0 0 N N O (0 a~ C N U J 3SN3~Il SIHl ~O li3~SN`dal a0 3ldS a0~ 341S 3Sa3A3a 33S .ii8d h OOOL 900 :~Oh t OL t h 2 f :~ .~i0t 05 OO.~i ~, - - ~,~, osto-ess da3ir3~Na vs~rc~a t`^""I"~"""'~'1'1 p.,- a~~amrresrsainT rva _ rbr~~~~~w ~ v ~L~ 7 LtiZ£-bLOL-Z6 o- bZ - 9 ~ 0105 N N ~ > ~O Q M 00 ~~ s o •~ _O C ~ O O ''-'v Y ' ~ ~+Mj N (~\~ V zrss8 ai '-ueiaiaaw £0 L '31S `'3AV M3lnaib'd '3 L£OZ ONb~OIX3W 31Nt/bt1d1S3a S~30t/adN~d O ~, a ~ ~ U J d • a ~ z T V ~ F- ~ J ~Q- 1 ~ W C O W LL L _ n' ~ Z LL Y ~ 0 Q _ M W ~ q U _~ d Q ~ LL ~ Q Z ~ _ W Z ~ F U Q ~ Y ~ W Q ~ U = U p > 'N ~$ U 2 b'i >, OC m ~ F 2 W ~ o 0 M z ~ ~ ~ t~ n t" t g ~ ~ D }Q N Q a ~ ~ a Q '® '~ f~ ~ NEW BEER LICENSE APPLICATION -INTERNAL APPROVAL CHECKLIST For Internal - Officee Use Only: Applicant: ~ 1Q1) i Q~1~ Business Name: Signature Location: U ~ License Type: ~ Retail (by the drink) [)Vender Package ^''~ ~ ~/ Application /File Fee: ~ ~ ~~" Receipt No. ~ / Police Department: Police Chief Approval: lire Department• Fire Chief Approval: Planning & Zoning Department: P & Z Administrator Approval: Signature Date Date Signature Public Works Department: Public Works Director Approval: Signature Date Date PLEASE RETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. THANK YOU. • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT ITEM NO. ~ REQUEST Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meeiin~s shall become property of the City of Meridian. COMMENTS See attcched ~ ~ ~~ ~~~ CJ C~ .~ u ~v ~ q zoo4 ~;ity ~'ler?~ ~~ffice Memo To: Mayor de Weerd & City Council From: Karie Glenn CC: File, Steve S Date: 6/25/2004 Re: Proposed Agenda Items for 7/6/04City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 7/6/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments LLC. Pathway Easement granting public access for multi use. Recommended Council Action: Approve the Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • PUBLIC PATHWAY EASEMENT • This agreement made and entered into on this day of 2004, between Eagle Springs Investments LLC, an Idaho Limited Liability Corporation, whose address is 10632 N. Sagecrest, Boise, Idaho 83703, hereinafter referred to as "Grantor", and City of Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "Grantee". WHEREAS, Grantor is the owner of a development on which a portion of the Pathway is located within the Common Area in Lot 29, Block 4, of Highgate Subdivision Phase 2, as record in Book of Plats at Page _, records of Ada County, Idaho and Landscape Plan. WHEREAS, the Grantee required as a condition of approval, that the Grantor deed or convey ownership of the pedestrian pathway within its development to the Grantee upon completion of the pathway construction, and which was noted on the Plat as referenced above. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Pathway, located within the Common Area in Lot 29, Block 4, of Highgate Subdivision Phase 2 as referenced above, for the maintenance, use, repair, and operation of said pathway The Grantee shall be permitted to make the pathway available to the public without charge for recreational uses as contemplated by Idaho Code §36-1604. The authorized uses of the pathway are limited to walking, jogging, inline skating, riding PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 1 OF 4 • • bicycles, and other human powered devices, no non-human-powered vehicles or devices shall be allowed, except access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons only. Authorized uses shall not include horseback riding, hunting, or the use of motorized vehicles except for necessary access bylaw enforcement personnel or for construction, maintenance or repair work of the pathway or related improvements. The Grantee shall enforce its anti-littering ordinances, provide waste receptacles, and take other reasonable actions within its authority to prevent litter, trash or other material to gather or be deposited on or along the pathway authorized pursuant to this agreement. In the event any entity requires a license agreement with the Grantee regarding the pathway, if the pathway is to be maintained by the Highgate Subdivision Property Owner's Association and not Grantee, then said Property Owner's Association, as the successor to Grantor regarding ownership and maintenance of common areas, shall enter into an indemnity agreement with Grantee regarding Grantee's maintenance and liability responsibilities. Any and all notices shall be hand delivered or, if sent by mail, shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows: GRANTOR: Eagle Springs Investments LLC 10632 N. Sagecrest Pl. Boise, Idaho 83703 PUBLIC PATHWAY EASEMENT AGREEMENT GRANTEE: City of Meridian 33 East Idaho Meridian, Idaho 83642 PAGE 2 OF 4 • • This Easement shall be perpetual from the Grantor, its heirs, its successors or assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties hereto have executed this Pathway Easement the day and year first above written. GRANT By: Peter Harris, Member By: GRANTEE: CITY OF MERIDIAN By: Mayor Tammy de Weerd By: William G. Berg, Jr., City Clerk PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 3 OF 4 U STATE OF IDAHO, ) ss: County of ~ • On this ~ day of ~~ ] ~1 ~ ~ , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~. -~-~ ; ~z.-r ~ s AND ,known or identified to me to be the ~e,v~.hi•r- and for ~o~i Ic.~~~ ;h~~~,,,~~~.+~-~ ll.~,~nd whose names are subscribed to the within instrument, and acknowledged to m, e~that they executed the same for IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~' L' GFB~~'•.. ~'~~~~ti .• •., y ~pTA~~ ~':~'d * ~'~ AUBLtG ~~8 OF L9 ~~O .._ _ STATE OF IDAHO, ) ss: County of Ada, ) Notary Public for Idaho Residing at: ~ ~ o ;sue My Commission Expires: -~ a.r o - On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G .BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\Work\M\Meridian\Meridian 15360M1Public Works\PUBLIC PATHWAY EASEMENT\PUBLIC PATHWAY EASEMENT.doc PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 4 OF 4 i • Project No. 03-112 High Gate Subdivision February 24, 2004 Easement 1 City of Meridian Micrapath Easement A parcel of land located in Government lot 5 of Section 6, T. 3N., R lE., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the West '/4 corner of said Section 6, form which the Northwest corner of said Section 6 bears North 00°17' I6" East, 2658.29 feet; Thence North 00° i 7' 16"East, 829.11 feet; Thence North 89°43'38'.' East, 440.22 feet; Thence North 53°50'43"East, 186.44 feet to the REAL POINT OF BEGINNING. Thence North 36°09' I?" West, 100.00 feet; Thence North 53°50'43" East, 1.2.00 feet; Thence South 36°Q9' 1?" East, 100.00 feet;. Thence South. 53°50'43" West, 12.00 feet to the Point. Of Beginning Easement 2 A parcel of land located in Government lot 4 of Section 6, T. 3N., R lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said section 6, from which the West 1/4 corner of said Section 6 bears South 00°17'16"West, 2658.29 feet.. Thence South 00°i 7' I6"West, 1329.19 feet to the North 1/16 comer, Thence North 89°43'38"East, 411.39 feet; Thence North 1°13'23"West, 246.78 feet to the REAL POINT OF BEGINNING. Thence continuing North 1 ° 13' 23"West,. 61.03 feet; Thence South 67°27' 14" East, 48.99 feet; Thence South 85°39'Oi" East, 72.50 feet; Thence North 88°07'00" East, 67.45 feet; Thence North 80°27'34" East, 80.49 feet; r Thence North 63°05'39" East, 54.14 feet; Thence North 44°OS' 12" East, 70.58 feet; Thence North 32°55' 12" East; 131.51 feet;. Thence North 44°42' 12" East, 53.40 feet; Thence North 51 °02' 12" East, 73.43 feet; Thence South 42°08'3T' East, 13.40 feet; Thence 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 90°00'00", and a long chord bearing South 2°51'23" West, 28.28 feet; Thence South 47°Si'23" West, 32.36 feet; Thence 58.03 feet along the arc of a curve to the left, having a radius of 70.00 feet; a central angle of 47°29'46", and a long chord bearing South 24°06'30" West, 56.38 feet; Thence South 00°2i'37" West, 69.40 feet; Thence North 89°38'23" West, 68.67 feet; Thence South 37°IS'31" West, 35.06 feet; Thence South 37°01' I2" West, 49.66 feet;. Thence South 46°06'05" West, 55.00 fleet; Thence South Si°26'41" West, 32.50 feet; Thence South 78°53'09" West, 54.07 feet; Thence South 88°46'3T' West, 248.83 feet to the Point Of Beginning. Prepared By. D. Terry Peugh Idaho Survey Group, P_C. ~P~ ~~ +~`... +' $I~ ~~ ...... Q ~ ~~ ~~t ~'~~ u~a~ l Y ' ~ ~ ~R • l t ~ \ ` ': ~ ~ ~~/~ ~ ~ `` $ 1 ~ x ~~ ~ "° , ~ ~ f "'° !fit 4'rJ ~ ~~ ~~ ~ ~~ i 1 ~ ~. ~~t it~ ~~ ~ti ~~ r ~~ k} i Q '~ ~~ v ~ ~ ~,~` ' w +., ~; ~ ~ r '~ ~ ', Qy~ ~~ ~' ~' I ~ ~ ,~~~ a I~1~ _ ~~ A ~ ~~~~~~ ~~~ ~~~ ~ ~~ ~ ~ ~~ {N 1 !. %; ~ i ~ ~~q ~ 8 a ~,~. ~~ . ~ f M y i "~ a ~~ ~~ o~ • ^ a } r r i ~j ~ ~ ~ #Q -~ ~ T 4 ~ ~~ ~_~ ~ ~ i3 C1 {7t a. Z'd 6TE89Zi. 'OI~II`JFdI?,133NI9N3 ~139NftN WHIZ=Oi 400 TI ~eW • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT ITEM NO. • REQUEST Water System Improvements -Linder Road (Overland to I-84) 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: COMMENTS See attached v'~ Date: Phone: Emailed: Staff Initials: Materials presented at pubNc mseiir~s shah become properly of the City of Meridian. • • s JUN 3' 0 2004 ~~, ,~~ ~,~_:;;~ ~~ 1~1~~-idi~x~ Civ Clerk Office Memo To: Brad Watson From: Clint Dolsby CC: Gary Smith Date: 6/29/2004 Re: Proposed Agenda Item for July 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 6 City Council agenda, under Consent Agenda, for Council's consideration: Water Svstem Improvements -Linder Road (Overland to I-84). Four bids were received for this project as summarized below and detailed in the attached spreadsheet: • Owyhee Construction, Inc $98,426.00 • Sommer Construction $120,289.00 • Paul Construction $123,446.00 • Warrington Construction $133,026.00 Owyhee Construction, Inc has to lowest bid. This project consists of construction of approximately 1,440 L.F. of 12" PVC water main, including boring underneath Interstate 84, miscellaneous valves, fittings, appurtenances, and surface restoration. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Water System Improvements - Linder Road (Overland to I-84) with Owyhee Construction, Inc. for $98,426.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 r ~ O C f0 O f6 d c J N C O a E E N f6 om °' 00 °O° ° ppO ° °o v _ U o o p O cOpO~p00~~ ~ N ~ r MOOCH r f0O N V O C O U c °°OppO S d a °x°0000°°0 .~ Gp~N~~~MU7 ~ ~~ ~ 0 U m V ~ 0 0 O ~ 0 0 N «'C a 0 0 _O V ONOOp~ r O C r O O -1~ MCO ~ V M ~ ~ ~ M U c ` °°OO~°° ° a o o ~ N .C N ~!7 ~ N M M N r ~ ' ~.~ ~ k Y.~~ f ., y ~I ,~a t~ . e r . .. ~> r { ~ t5 .I s: `~~~ y ~{ c~ O m N U p ~ 0 0 ~ ~ 0 0 O 0 0 O O N O O O O N N ~ a ~~ O O p ~ O~ I C ~ V ~ ~ ~ N O U ~ U ~ a O O ° °°°~oo°•° o O r M p j M M ifl ~ N N M r r .'~-' }} LL LL Q Q Q LL c 7 (n (nJJ W W 1LL711M ~.. E N 0 ~ ~7 N ~ ~ •- N W d c .~ `m m c o ~ U ~ o- . c c d O p ~ ~ ~mrn°o > o, ~ O 1A N U U N F- C N N N p N y N tY~-~,~ > ~ a~ U V C y 1~~ N 't 't p1N ~QNLY > > C tAN. U~ ~ ~v 0 U a m U U E °QCn C y O c0 !-HdNNQF-J F- ~ WC~QQQ~NM ~ V V 7 V V M N M I~ ~ oD ~ N c7 MME V • July 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Bills 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: Date: Phone: _ Emailed: Staff Initials: Materials presented at pubNc meetings shah become property of the City of Meridian. July 6, 2004 • ITEM NO. COMMENTS G~~ • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST WWTP Recoating Clarifiers #1 and 2 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: Date: Phone: Emailed: Staff Initials: Materials presented at pubic meefin~s shah become properly of the City of Meridian. July 6, 2004 ITEM NO. COMMENTS See aftached ~V " I~ • • ~ u L o ~ zoo4 Li{,-V ~:l(;T~ ~~iCf: Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 7/1/2004 Re: Proposed Agenda a Items for July 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the July 6 City Council consent agenda: ~WWTP Recoatina Clarifiers #1 and 2. One bid was received for this project from National Coatings, Inc. The painter who will be doing the work on this project successfully completed recoating of Clarifier #3 a few years ago. The bid amount from National Coatings, Inc. was $25,800 and is inline with our estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Recoating Clarifiers #1 and 2 for $25,800 with National Coatings, Inc. and authorize the Mayor to sign it. Emergency Response Plan (ERP) -Contract with HDR. Attached is a contract with HDR for continuation of the Vulnerability Assessment, which has been completed by HDR and submitted to EPA as required. This contract is for development of an Emergency Response Plan, which is required to be completed by year-end. The project cost is $10,000 bringing the total contract price to $64,000. Recommended Council Action: The Public Works Department recommends that City Council approve the EPR contract amendment with HDR for $10,000 and authorize the Mayor to sign it. From the desk of... Lenard Grady StaffEngineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208)898-5500 Fax: (208) 898-9551 • Page 1 graayl@mer;diancity.org v y a v ~ ~ c~ p, m v 'c a ~ O m ~ ~ $ ~ ~ d >' ~ L d ~ d 'O W 'O C °~ c oc ~ ~ ;c ~ c ~- a" _ m c a o ~ c 0 °' c m . fl v ~ ~, LJ y _A ~ ~ ~ ~ ~ 'C .a w vl 'C ~ C ~ a C V d _~ ~ ~ ~ L' ~ Q a~ Q o~ .a~ ,o od o ~v Q= m a m o ` = a c co v ~ C~ July 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Emergency Response Plan (ERP) -Contract with HDR AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached 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 meetM~s shop become properly of the City of Merman. July 6, 2004 • ITEM NO. • • ~ ~ ~ o ~ zoo4 ~; t ,, C1' 1~1e~~diuYa ~`tv Clerk 7fTce Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 7/1/2004 Re: Proposed Agenda a Items for July 6, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the July 6 City Council consent agenda: WWTP Recoating Clarifiers #1 and 2. One bid was received for this project from National Coatings, Inc. The painter who will be doing the work on this project successfully completed recoating of Clarifier #3 a few years ago. The bid amount from National Coatings, Inc. was $25,800 and is inline with our estimates. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Recoating Clarifiers #1 and 2 for $25,800 with National Coatings, Inc. and authorize the Mayor to sign it. Emeraency Response Plan (ERP) -Contract with HDR. Attached is a contract with HDR for continuation of the Vulnerability Assessment, which has been completed by HDR and submitted to EPA as required. This contract is for development of an Emergency Response Plan, which is required to be completed by year-end. The project cost is $10,000 bringing the total contract price to $64,000. Recommended Council Action: The Public Works Department recommends that City Council approve the EPR contract amendment with HDR for $10,000 and authorize the Mayor to sign it. From the desk o£.. Lenard Grady StaffEngneer Meridian Public Works Deparhnent 660 E. Watertower, Suite 200 Meridian, Idaho 83642 • Page 1 (208)898-5500 Fax: (208) 898-9551 gadyl@meridiancity.org • • AMENDMENT N0.2 TO PROFESSIONAL SERVICES AGREEMENT between CITY OF MERIDIAN and HDR ENGINEERING, INC. for THE VULNERABILITY ASSESSMENT PROJECT The agreement, made and entered into the 19th day of May, 2003, between the City of Meridian and the ENGINEER, HDR ENGINEERING, INC. is hereby amended on the day of , 2004 as set forth herein. WITNESSETH: WHEREAS, the City and the Engineer have entered into a contract for professional services for analysis and recommendations regarding the Vulnerability Assessment Project, herein referred to as the "Project"; WHEREAS, the City has agreed to have the Engineer provide the extra services as described in Scope of Services; WHEREAS, the original Scope of Services will be amended by the attached Scope of Services, and the contract amount increased by $10,000 to a total contract amount of $64,000. NOW THEREFORE, in consideration of the terms, conditions and covenants of performance contained or incorporated herein, the City and the Engineer agree that the agreement entered into the 19th day of May, 2003, shall be amended as follows: • • Section 1. Scone of Services Task 1 • Emergency Response Plan and Procedures Background Review The intent of this task is to review documents related to the City's Vulnerability Assessment, Risk Management Plan, Emergency Preparedness Plans and Emergency Operations Manuals. HDR will develop a single "go to" emergency document, regardless of the type of event -accidental, natural, or intentional that the City can use in response to a crisis. HDR will review the Vulnerability Assessment to develop familiarity with system critical assets and functions, identify undesired consequences, evaluate the effectiveness of existing and proposed physical and electronic security enhancements. HDR will identify components that are appropriate to include in a single ERP document as well as the emergency requirements developed in the Vulnerability Assessment and the guidance developed by the EPA. Deliverables: City: Vulnerability Assessment Existing Operating Procedures and Policies City organization chart and employee job descriptions Emergency equipment inventory List of City ERP development team members and contact information HDR: Review Background Information Confidentiality Agreements for ERP development team Task 2: Emergency Response Procedures Development Guidance by the EPA indicates the ERP should address the following incident specific events: - Contamination Event (Articulated Threat with Unspecified Material) - Contamination Threat at a Major Event - Notification from Health Officials of Potential Water Contamination - Intrusion Through Supervisory Control and Data Acquisition - Significant Structural Damage Resulting from an Intentional Act In addition to the five events identified by the EPA, HDR will develop specific procedures for the following scenarios: - Facility Security Breach - Assault - Contamination or Bomb Threat - Tornado City of Meridian -2- Vulnerability Assessment HDR Engineering, Inc. Consulting Services Amendment No. 2 • • - Explosion - Injury or Fatality - Vandalism - Severe weather - Flood - Loss of Power HDR will facilitate a workshop with City and utility representatives to discuss and develop the following: - Utility direction and control - Duties and responsibilities by position during a crisis - Crisis communication procedures - Emergency mitigation opportunities - Emergency training opportunities - Response actions - Recovery actions Based on the results of this workshop and review of the Vulnerability Assessment, HDR will develop a draft ERP to identify and define specific procedures to be followed by City personnel during an emergency event. HDR will provide five (5) draft copies and one (1) electronic version of the emergency response plan for City review. The draft copies will be provided with a tracking log to assist City staff as part of the review process. City staff will collect all review copies with comments and return to HDR as tracked changes. Deliverables: City: Comments on the draft ERP Coordination of Site Workshop HDR: Lead Site Workshop Five (5) copies of the draft ERP One (1) electronic copy of the draft ERP Task 3: Development of Security Operation Procedures It is expected that the recommendations for improved security of the facility will include modifications to the operations procedures for the various facilities of the water system. HDR will provide an outline of the security operation procedures (Security SOPS) the City can implement in their daily business practices to increase their security posture. The New Procedures Outline will concentrate on providing a prioritized plan for modifications of operational and security plans as well as actions the City can take in response to an elevated National Threat Level, policy and procedural changes recommended in the final Vulnerability Assessment report, and operational impacts or procedural controls required as a result of the implementation of physical or electronic enhancements. Typically, these procedures can cover a wide variety of topics such as issue and use of photo identification and access cards, future hiring procedures and City of Meridian -3- Vulnerability Assessment HDR Engineering, Inc. Consulting Services Amendment No. 2 • • background checks, procedures for receiving deliveries, guard patrolling procedures, and maintenance of exterior and perimeter landscaping, lighting, fencing, and signage. It is the intent that any incidents/emergencies to be dealt with in the course of "normal" operating procedures will be covered by an appropriate section of the ERP. HDR will develop the Security SOPS and necessary "cross referencing" between the SOPS and ERP. HDR will provide five (5) draft copies and one (1) electronic version of the Security SOPs outline for City review. City staff will collect all review copies with comments and return to HDR electronically as tracked changes. Deliverables: City: Comments to Security Operation Procedures HDR: Comments to City Security Operation Procedures Five (5) copies of the Security Operations Outline One (1) electronic version Security Operations Outline Task 4: Draft ERP and Security SOP Review HDR shall conduct a teleconference with City to finalize their input to appropriate ERP sections and the Security SOP outline. City shall consolidate all review comments and provide to HDR in the form of electronically tracked changes. Based on the results of this teleconference and review of electronic comments, HDR will add appropriate additional information to the Draft Emergency Response Procedures and develop the Security SOPS. HDR will provide five (5) draft copies and one (1) electronic version of the emergency response procedures and Security SOPS for City review. The draft copies will be provided with a tracking log to assist City staff as part of the review process. Deliverables: City: Comments on the draft ERP and Security SOP outline Coordination of teleconference HDR: Participate in teleconference Five (5) copies of the revised draft ERP and Security SOPs One (1) electronic version of the draft ERP and Security SOPs Task 5: Tabletop Exercise This task is an informal review of the plans, procedures, and policies developed for the City and to resolve any issues of coordination, responsibility assignments, and inter- departmental interactions. City will identify one incident specific event to evaluate in a tabletop exercise. Using the FEMA 8 step methodology for tabletop exercise design, HDR will develop the following: - Needs assessment - Scope of exercise City of Meridian -4- Vulnerability Assessment HDR Engineering, Inc. Consulting Services Amendment No. 2 • - Purpose of exercise - Objectives of exercise - Narrative/event description - Major and detailed events - Expected actions - Messages/communications City will identify and coordinate with key staff to participate in this exercise to include water technicians, supervisors, appropriate City staff and emergency management personnel. HDR will facilitate a four hour tabletop exercise with the City. HDR will provide the necessary background information, identify key milestones, track the progress and log the exercise. HDR will develop a report for the City summarizing the results of the exercise and identify any additional modifications to the ERP or Security SOPS. Deliverables: City: Identify incident specific event Coordination of exercise HDR: Develop the tabletop exercise Facilitate Exercise Five (5) hard copies of Exercise Summary Task 6• Final Draft Emergency Response Plan and Security Operational Procedures Based on the outcome of City reviews, emergency exercises and directions received from the review meetings, HDR will finalize the ERP and Security SOPs and submit Five (5) hard copies and one (1) electronic copy of the final draft ERP to City. The procedures text provided by HDR for the Security SOP is not intended to be in final form but rather to provide the City the technical content. It will be up to the City to revise the Security SOPs for final approval and implementation by the governing body. HDR will develop the final submittal documentation of ERP compliance for the EPA. HDR will provide this documentation to the City for filing with the EPA and OEPA. HDR will assist City in obtaining federal and state grants to recover costs for ERP development and security measure implementation by providing any additional documentation necessary to secure those grants. Deliverables: City: No specific deliverables for this task HDR: Five (5) hard copies of ERP and Security SOPS One (1) electronic version of final ERP and Security SOPS in digital format on CD ROM EPA and OEPA compliance documentation City of Meridian -S- Vulnerability Assessment HDR Engineering, Inc. Consulting Services Amendment No. 2 ' t ~ i Section 2. Compensation For services described in this Amendment, payment shall be made on the same basis as in the original Agreement. Direct Labor Costs used as a basis for payment shall be updated to current salary and wages paid to all Engineer's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafting personnel, specification writers, estimators, and other technical and business personnel; but does not include indirect payroll-related costs or fringe benefits. The City shall pay Engineer's direct expenses incurred in providing services, including the cost of sub consultants, on the same basis as in the original Agreement. The City's total consideration, including expenses, for services in Amendment No. 1 shall be $10,000, and the total Agreement shall be amended not to exceed $64,000. Payment for Additional Services: Compensation for additional services will be on the basis of a Lump Sum or Per Diem as agreed upon before the initiation of any such services. HDR will not perform any Additional Services activities without written authorization from the Public Works Department. HDR may recommend immediate security enhancements for vulnerable assets that may be at risk. At Meridian's request, HDR will provide a cost estimate for design/build services for these specific high priority enhancements. Design build activities are not included in this scope of services. HDR will proceed with design build services only upon authorization from the City. Section 3. Schedule Notice to Proceed June 21, 2004 Final Completion Date December 17, 2004 City of Meridian -ti- Vulnerability Assessment HDR Engineering, Inc. Consulting Services Amendment No. 2 • • CITY OF MERIDIAN Mayor ATTEST: William G. Berg, City Clerk HDR ENGINEERING, INC. Mara Foley, Vice President City of Meridian HDR Engineering, Inc. -7- Vulnerability Assessment Consulting Services Amendment No. 2 July 2, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Parks Department -Doug Strong ITEM NO. ~ ~' REQUEST Land Lease Agreement with Ken Hamilton 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: ~ ' ~Q,~ r _ 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 ai pubik meets shah become property of the Cily of Meridian. ~ ;, ~ • LAND LEASE AGREEMENT l ~~ n THIS LEASE, made and entered into this.~l day of 1995, by and between the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, hereinafter referred to as Lessor, party of the first part, and Ken Hamilton d/b/a KE`!d HAMILTON PRESENTATIONS, hereinafter referred to as Lessee, party of the second part, W I T N E S S E T H: FOR AND IN CONSIDERATION of the rentals hereinafter provided, and the covenants and. agreements hereinafter set forth, Lessor hereby leases and demises to Lessee, for the term herein stated, the property, described in Exhibit "A" hereto, by this reference incorporated herein as if set forth in full, which shall be hereinafter referred to as the "leased premises" for the convenience of the parties hereto. This agreement is subject to the following terms and conditions to which the parties mutually agree: TERM: This lease agreement shall be effective upon its execution until December 31, 1999, subject. to LESSOR'S right to terminate the term of this lease as herein below set forth. RENTAL: As rental for the leased premises, Lessee agrees to pay Lessor, at the address hereafter provided for giving notice to Lessor, the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) per year for the term of this lease agreement which shall be payable on January 2, of each year, commencing January 2, 1995. NO RIGHT OF FIRST REFUSAL ON SALE: In the event Lessor decides to sell the above described premises, it is understood and agreed that Lessor has not granted to Lessee a right to purchase the premises; it is specifically understood that in the event Lessor does sell the said property, it will have to be sold to the highest bidder but that Lessee may bid on the property. USE OF THE PREMISES: It is understood Lessee may use the property as a parking area and/or for an extension of the "pit" area; LESSEE shall install a walk-through gate leading to the Storey Park; Lessor and Lessee shall each have keys and shall lock and unlock the east bypass gate according to their respective uses; that the north gate to the leased property shall be open during the racing season of the Meridian Speedway during the race season from 9:00 o'clock a. m. to 5:00 o'clock p. m.; that LESSEE has the option and right to fence off the. leased property from the Meridian Speedway stadium; that the LESSOR may use the non-paved area of the "pit" area if it desires to if prior written notice and arrangements, written or non-written, are made with LESSEE. It is agreed that this parcel of property is land owned by the Lessor; that its purchase and maintenance by Lessor was facilitated with the assistance of funds from the United States Bureau of Outdoor Recreation and the Lessor is not to use, or allow, this land to be used for a profit. It is therefore, agreed that Lessee may have the use of the land for parking and other uses, but Lessee agrees that he shall not charge a price for parking on the land or for any other use of the land. MAINTENANCE AND REPAIRS: Lessee shall be totally responsible for all maintenance and repairs on the premises. E7CPENSES AND UTILITIES: Lessee shall pay any and all expenses CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 2 • of every nature accruing by reason of Lessee's use and occupancy of the leased premises. DESTRUCTION OR DAMAGE: Lessee shall have the total risk of loss or damages to the leased premises. EMINENT DOMAIN: In the event that any governmental entity other than Lessor shall take the premises by use of eminent domain the Lessor shall receive the value of the land. INSURANCE AND INDEMNITY: Lessee agrees that he will, and he does hereby, indemnify and save Lessor harmless from all claims, judgments, demands and liability of any person or parties whatsoever resulting from any occurrence, injury or accident arising as a result of the negligence of the Lessee, his employees or agents, which takes place during the term of this lease agreement on or about the premises. Lessee shall obtain liability, premises and on-premises medical insurance insuring Lessee with Lessor named as an additional insured on the premises and any buildings located thereon, such policy or policies of insurance l , 4~bG~, ~ od ~ G~0 7 shall have a minimum limit of $500,000.00•or such other amount as Lessor shall designate. Lessee shall furnish copies of all insurance policies to Lessor and all renewals thereof, and shall keep all such policies in a current status. TERMINATION OF TERM: As stated above in the paragraph TERM, LESSOR may terminate the term of this lease if the United States Bureau of Outdoor Recreation determines that this Lease or the use of the property, by LESSOR or LESSEE, violates any of the terms of the grant with which the LESSOR was able to acquire the property; if the term of the lease is terminated for the reason herein CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 3 • stated, LESSOR shall refund to LESSEE that portion of the lease payment for the year, on a pro rata basis, for the time period that LESSEE was unable to use the property. TERMINATION UPON DEFAULT: In the event of default of this lease agreement the Lessor shall give written notice of such default to the Lessee by postage prepaid, certified mail. If the Lessee's violation of the lease shall continue for thirty (30) days, the lease may at once be terminated by a second notice to t'he Lessee by postage prepaid certified mail that the lease is terminated. This lease shall terminate as follows: a) At the expiration of the term provided herein; b) Upon determination of the Lessor that the Lessee has failed to observe any of the conditions, exceptions or reservations or to fulfill any of the provisions set out in this agreement; c) At the option of the Lessor on the discontinuance of use of the leased premises by the Lessee; or d) By the mutual agreement of the parties hereto. OTHER MATTERS: a. Nothing herein contained shall be construed to create the relationship of partners, joint venturers, or parties to any joint enterprise in any manner between Lessor and Lessee. b. In construing this Lease, the singular shall include the plural, and the neuter gender shall include the masculine and feminine, all as the context may require. c. In the event either party is required to institute any legal action in order to enforce any of the rights,. agreements, covenants or conditions herein contained, the prevailing party in such litigation shall be entitled to recover such party's reasonable attorney fees from the other party, together with costs of suit, the amounts thereof to be fixed by the Court in such legal action. d. The forbearance or failure of any party hereunder to give prompt notice of default or termination of this Lease by reason of any act, omission or occurrence, or to strictly CITY OF MERIDIAN - IiAMILTON PRESENTATIONS LEASE PAGE 4 i i enforce any covenant hereof, shall not be deemed a waiver of any of the provisions of this lease agreement as regards any other or further such default or breach, act, omission or occurrence, nor shall consent or approval of Lessor given in one instance be construed to waive the necessity for such consent or approval as regards any other or further similar act by Lessee, unless such intention be expressly stated in writing by Lessor. e. In the event any clause or provision of this Lease is declared by any Court to be invalid or unenforceable for any reason, such invalid or unenforceable clause or provision shall not affect the whole of this instrument, but the balance of the provisions hereof shall remain in full farce an effect. f. All of the provisions hereof shall enure to the benefit of and shall be binding upon, the heirs, executors, administrators, personal representatives, successors and assigns of all parties. NOTICES: All notices hereunder shall be in writing and shall be deemed given when personally delivered to the employee or managing agent in charge of the receiving party's business premises at the time of service thereof, or when deposited in the United States mail, postage fully prepaid, by certified mail, addressed to such other party as follows: WILLIAM G. BERG, JR. CITY CLERK 33 EAST IDAHO MERIDIAN, IDAHO 83642 NOTICES TO LESSOR: NOTICES TO LESSEE: QUIET ENJOYMENT BY LESSEE: Ken Hamilton P . O . Box 158 Meridian, Idaho Upon performing 83680 all of its duties and obligations hereunder in accordance with the terms and conditions of this Lease, Lessee shall be entitled to quietly and peaceably have, hold, occupy, possess, and enjoy the leased premises during the term hereof, without hinderance or ejection by CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 5 persons lawfully claiming under Lessor. ASSSGNMENT AND SUBLEASE: Neither this lease agreement, nor any interest in the leased premises may be assigned or in any manner transferred by Lessee, without the prior approval of Lessor expressed in writing. IN WITNESS WHEREOF, this lease agreement has been duly executed by the respective parties, the day and year first above written. LESSOR: CITY OF MERIDIAN, a municipality and political subdivision of the St to of Idaho BY •~~ Grant P. Kingsford, ayo ~, •~```~~p~ ~ AAA rF.,l~jr' ATTEST: `~ ~~ :. s ,,~ = ~~~~ City Clerk, William rg, Jr. '- /~~`~~~9,CavrvTY ~ `~P ~~``. rrrrrrn~ n~~~~~~~ LESSEE: i Ken ami on CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 6 STATE OF IDAHO, County of Ada, ss. On this 1 ~ day of ~iP+'~' , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared the Mayor and City Clerk, respectively, of the CITY 'OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the entity that granted the authority to the said individuals to subscribe their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) . -.,.- .. .. . ., cA' ~o~n~y ,, ~~ , STATE OF IDAHO,) ss. County of Ada, ) ftY PUBLIC FOR IDAHO ling at Meridian, Idaho On this L~ y day of '7 , 1995, before me, the undersigned, a Notary Publ' in and for said State, personally appeared Ken Hamilton, known to me to be the person who subscribed his name to the within and foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~ ~ '~- NOY PUBLIC F DA Re~~ iding CITY OF MERIDIAN - HAMILTON PRESENTATIONS LEASE PAGE 7 • • July 2, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Water Department -Rick Clinton ITEM NO. ~' • REQUEST Cross Connection Control Program 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: ~~ IDIAN H OL DISTRICT: MER SC O 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 p~Nc meelin~s shag become properly of the City of Meridian. • DECEIVED JUN 3 0 2004 City Of 1Vleridian City Clerk Office Interoffice Memo .~ ~~ ~ . ~_~ ~r CITY OF ~~+~°'C . - ~ +.,,t eri~rcn ~ -~ ~; ~ IDAHO `/ s~, // C f. ~Fk °4 THt.~sune V,~V sixc~ ,1903 To: Mayor De Weerd and City Council Members From: Rick Clinton ~~ CC: File, Gary D. Smith, PE, Brad Watson, PE, Bill Nichols Date: 6/30/2004 Re: Summary of Cross Connection Control Program This memo provides a summary of the existing practices and possible improvements to the cross connection control program. The recommendations contained in this memo are due to an increase in customer complaints. Basis for Cross Connection Control Program The Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08) prohibit direct unprotected cross connections between potable and non-potable water systems (even systems using city water become classified as non-potable once the water enters the irrigation system due to possible contamination by herbicides, animal waste, etc). These rules require all community water systems to provide a prevention program. They also require an annual inspection of all backflow prevention assemblies by a certified tester, discontinuance of service for non- complianceand outline the testing specifications. Program History During FY01 and a portion of FY02, we increased our effort to comply with the rules outlined above. We increased staff and aggressively pursued locating unknown devices. As a result of our increased efforts, a number of customer complaints were registered w~h both the Mayor's Fran ~ desk ~... office and the Public Works Director's office. The most wok a c6rrton common complaints have been: water superir~ndent Meridian water Department 2235 iWV 8"'. Street Meridian, Idaho 83642 • Page 1 (206) 588-5242 Fax: (208) 884.1159 1) That someone else in their subdivision is not currently required to test their device (primarily because we have not found the device yet, and; 2) The customer feels they should not be required to pay for the annual testing to protect the municipal water system. In an attempt to reduce the customer complaints and avoid employee bum out, I asked Joel to establish the maximum number of additional lots that he could survey annually and still run the cross connection control program alone. Based on his response t advised him not to survey more than 750 additional lots per year. This cap allowed us to try to manage the program with one staff member and prevent the stafFng needs from increasing. This explains one reason why some customers may currently be on our list of tracked devices while others are not. Current Program Practices I believe we need to consider some sign cant changes to the existing program in order to improve our customer satisfaction and decrease the letters generated to City Officials. The current process consists of a mass mailing of over 3,300 "test due" notices to customers advising them that they must hire an approved tester to test their device and certify the results to the Water Department. We continue to mail follow up notices and, in some cases, end up terminating service. This process is undesirable both from a customer relations standpoint and the fact that an identified hazard may go uncorrected for 90 days or more. In addition to customer service concerns, the recent vulnerability assessment (RAM-W) identified cross connection control issues as one of our most significant threats. Recommendations I am recommending that the City assume the testing responsibilities of all backflow prevention devices classified as containment devices. I recommend contracting the services out by issuing a request for proposals to establish an approved tester list. I anticipate that most of the testers will be able to maintain the same customer base that as they currently do. We submitted a budget enhancement request for FY05 for $200,000.00 to cover these costs. We may also want to review the feasibility of an incentive program that encourages the approved testers to locate additional unknown devices by awarding them a contract for testing each device that they find. This would rapidly increase the number of tracked devices while reducing the impact to the customer. • Page 2 • In order to further reduce the impacts to the customers, I recommend that we include repairs of faulty devices in our program. This also provides a greater window of time each season to test devices, as we are not waiting for customers to respond to our notices. The time gained from discontinuing the mass mailings should offset the administration requirements of a contracted program. I expect the costs associated with the implementation of this program to increase as we continue to identify existing devices that are not in compliance. In addition to the funding requirements, an ordinance update will be necessary to implement the enhanced program. Some of the changes that I have identified to date are: 1) Provide authority for the City of Meridian to perform tests, maintenance and repairs on the backflow prevention devices classified as containment devices. This includes right of entry to access devices on private property. We do not feel it is necessary to test premise isolation devices to comply with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08); 2) Clearly delineate that the property owner retains ownership of devices; 3) Amend Title 9 Section 9-1-28 C which currently prohibits dual connections (being connected to a pressurized irrigation system and city water). This requirement is desirable if it was obtainable, but enforcement of this has been very difFcuR. I anticipate that it will result in signficant complaints ftom the many customers of existing homes that are currently dual connected, if we enforced this section; 4) Provide a reasonable and customary fee to be paid to testers. The cost of this program will be built into the water use fee rate structure. Challenges One of the customer service challenges of the proposed enhanced program will be the resistance from homeowners required to install or replace devices where inadequate cross connections control are identified (all dual connections must have a reduce pressure backflow assembly). We propose a partnership with these homeowners whereby they replace the incorrect device with the proper device, or they install the proper device if one does not exist and the City agrees to maintain and repair the device once it is installed. If Council approves this program, we will proceed with preparation and issuance of a Request for Proposals to establish a tester roster. • Page 3 • I would like to move forward with the proposed changes to our cross connection control program and ultimately the protection of our drinking water system. Thank you for your consideration and direction. • Page 4 • • July 2, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Police Department --Chief Musser ITEM NO. '~ REQUEST Lease Agreement with Probation and Parole for office space in the Police Department 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: Emailed: COMMENTS See attached ~`~ '~" Date: Phone: Staff Initials: Materials presented at p~lic meetMfls shaft become property of the Cily d Merman. • Page 1 of 1 Tara Green From: Bill Musser [musserb@meridiancity.orgj Sent: Thursday, June 24, 2004 2:40 PM To: Tara Green Subject: July 6 Council Follow Up Flag: Follow up Flag Status: Flagged ~~~~ ~~ J~JN ~ y 2004 ~,~;; r~~l~1ci:~d~~:r~. ~`~;~~ i_'lerk Office Tara, I have attached a scanned copy of the letter from Probation and Parole regarding the request to extend their rental agreement out to 3 years. I requested this issue be place on the July 6th council agenda under department reports. Please copy the letter into the materials for the Council. Thanks, Bill 6/28/2004 ,~~ ~~ti R~r, P IDAHO DEPARTMENT OF CORRECTION ~ ~ ~ 'Protectin Y d Y C i " ¢ ~~" g ou an oga ommun ty ` _' ~ ' ~ ,~ DIRK KEMPTHORNE THOMAS J. BEAUCLAIR o r .: Governor , r: ""' 1 2004 To: Chief Bill Musser, Meridian Police Department I,B¥:~.: From: Gregory Lewi~, District Four Manager, Idaho Department of Correction Date: June 7,2004 Re: Lease renewal Chief Musser , It is my understanding that our annual lease with your department expires on June 30, 2004. This lease currently secures 300 square feet of office space at $11.00 a square foot, for a total yearly lease payment of $3,300.00. As our previous leases have not exceeded a year in duration, I would like to propose that we extend our lease to athree-year duration. The Idaho Department of Correction values the partnership we have developed with the Meridian Police Department. The benefits of our partnership extend not only to our departments, but also to the community at large. Through increased communication, offender accountability ~nd resource sharing, we have improved on our common goal of community protection. I look forward to working with the Meridian Police Department in our shared commitment to serve the citizens of Meridian. Thank you for considering this opportunity to further enhance our already successful partnership. S i n~ ~~rcl ~. ` ~~/`'~'1.~'''~~~ Gregory Lewis Manager, District Four Community Corrections • July 2, 2004 AZ 04-008 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 ~~ nn APPLICANT Larry Hellhake ITEM NO. U/ REQUEST Development Agmt -Request for annexation and zoning of 5.22 acres from RUT to C-G zones for Magic View Court - 2855 Magic View Drive 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: COMMENTS See attached Development Agreement MERIDIAN POST OFFICE: OTHER: Contacted: l~-Q'~ ~~ ~~ ~ ~~ Date: /'"O~ ~ Phone: Emailed: L,~E~i(,l ~ ~~ ~G 1`~, ~ Staff Inifials: ~(.~ Materials presented at pubic meetkf~ shah become property of the City of Meridiem. • ADA COUNTY RECORDER J. DAVID~RRO ~ BOISE IDAHO 07123104 02:59 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 104093297 AMOUNT .00 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Robert B. and Kathleen E. Barnes, Owner 3. Larry Hellhake, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this a~~ day of , 2004, by and between CITY OF MERIDIAN, a municipal corporation of th tate of Idaho, hereafter called "CITY', and ROBERT B. and KATHLEEN ~. BARNES, whose address is 1994 W. Amity Road, Meridian, Idaho 83642, hereinafter called "OWNER", and LARRY HELLHAKE, whose address is 3837 North Holl Drive, Eagle, Idaho 83616, hereinafter called "DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNER is the sole owner, 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, herein after 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 "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" and "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 1 OF 16 • • 1.5 WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the 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 ~D~ day of t , 2004, has approved certain Findings of Fact and ConclusioLaw 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 "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "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 DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 2 OF 16 • • Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 are incorporated herein as if set forth in full. 3. DEFINITIONS: 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": means and refers to Robert B. and Kathleen E. Barnes, whose address is 1994 W. Amity Road, Meridian, Idaho 83642, the party owning said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Larry Hellhake, whose address is 3837 North Holl Drive, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(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 C-G 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 and which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 3 OF 16 • The applicant has not submitted any development application or plans at this time. A development concept was submitted to demonstrate a potential lot configuration for future platting/development for the subject property. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not presently submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof if a conditional use permit is submitted, 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 "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: 1. The legal description, stamped approved by the Public Works Department on March 18, 2004, meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 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. 4. Any future development of this property shall comply with the International Fire Code or the fire code adopted by the City of Meridian at the time of construction. DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 4 OF 16 • • 5. The applicant shall submit all future site plans to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). 6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development plans and submit stamped (approved) plans with the Certificate of Zoning Compliance application. 7. As long as the existing residence continues under its same use, the use is not changed, or the building is not modified in any way, they may continue to use the current septic and well system. B. Adopt the Ada County Highway District's report dated April 13, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. Adopt the action of the City Council taken at their June 8, 2004 meeting as follows: For clarification: 1. The nine uses listed in Jonathan R. Seel's May 25, 2004 letter for the C-G zone shall be required to be processed as conditional uses. The nine uses are as follows: 1) Truck Stop 2) Contractors Yard 3) Equipment -heavy farm, etc. (sales and repair) 4) Lumber Yards 5) Auto Repair Shop 6) Drive-In Establishment (drive-thru windows will be permitted) 7) Entertainment Center -Outdoor 8) Sales Lots 9) Outdoor Storage Facility 7. COMPLIANCE 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's" and "Developer's" heirs, successors, assigns, to DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 5 OF 16 • • 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 "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 "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "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: 10.1 In the event "Owner's" and "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 "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. DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 6 OF 16 • 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Owner" and "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 "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 "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 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party 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. DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 7 OF 16 • 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 "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "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 "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" 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 after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer Robert B. and Kathleen E. Barnes City of Meridian 1994 W. Amity Road 33 E. Idaho Ave. Meridian, Idaho 83642 Meridian, ID 83642 with copy to: DEVELOPER: City Clerk Larry Hellhake City of Meridian 3837 North Holl Drive 33 E. Idaho Ave. Eagle, Idaho 83616 Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 8 OF 16 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 "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 "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "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 "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 "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 "Developer" and "City", other than as are stated herein. Except as DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 9 OF 16 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 (AZ-04-008) PAGE 10 OF 16 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: BY: G-7 - ~~~ Robert B. Barnes J BY: ^ ) ~r. ~ y at een E. Barnes DEVELOPER: BY:~''~' C~C~G~ Larry Hellhak Attest: BY: CITY OF MERIDIAN BY: MAYOR T Y de ERD DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 11 OF 16 ``````,`~~t~1t11tIt11~/J~''/,i Attest: .a` G~'~~ ~ /q '''~. ,, y , T ~' FO - SEAL - F ~~ .. CITY CLERK %,'~'O GsT ]St •'~ ~`~ ,,4 P.~ '' STATE OF IDAHO ) `''~~~''%,,~~t`~`'~ ``'~'`'` f!!!lltl :SS COUNTY OF ADA 1 On this ~ J day of ~ ~~ , in the year 2004, before me, a Notary Public, personally appeared RO ERT B. and KATHLEEN E. BARNES, husband and wife, known or identified to me to be the persons whose names are subscribed to the wit~~,~ment and acknowledged to me that they executed the same. PN~A ~FN~ Q~''~TgR~.2 _~~ (SEAL) AFB ~~G sr~irE of io-~~"° STATE OF IDAHO ) COUNTY OF ADA ss Notary Public`for ~la Residing at:~~ Commission expires: ~t~.l.~l~~~his 15Tr~1 day of , in the year 2004, }~o.~~r~,~tlClb~ary Public, personally app d LA Y HELLHAKE, known or ident:j,~ tg~iTe'`teQt~es person whose name is subscribed to the within instrument and ackn~ledged ~ me tF}~~ die executed the same. W ^ ~ ,~ r~ • ~ ~ ~ i n ~~a~~a~• (SEAL) otary Pu is Id '~"'`~ Residing at: i ' f'nt?'i~il~'~~;,. ~> 1 ^"^~~ ,,, ~ Commission exp s: DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 12 OF 16 ~ s STATE OF IDAHO ) :ss County of Ada ) On this a~0~ day of J~t,~ , 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) zblic for Idaho ion expires: d Z:\Work\M\Meridian\Meridian 15360MVvlagic View Court AZ-04-008\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 13 OF 16 • EXHIBIT A LEGAL DESCRIPTION A parcel located in the NE '/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, and being Lot 9 of AMENDED MAGIC VIEW SUBDIVISION as shown in Book 52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner ofsaid NE'/4 from which a brass cap monument marking the southwesterly corner of said NE 1/4 bears S 89°59'48" W a distance of 2606.67 feet; Thence S 89°59'48" W along the southerly boundary of said NE '/4 a distance of 1181.41 feet to a point; Thence leaving said southerly boundary N 0°00' 12" W a distance of 178.26 feet to a 5/8 inch diameter iron pin marking the southerly corner of said Lot 9 and the POINT OF BEGINNING; Thence along the southwesterly boundary of said Lot 9 the following described courses; Thence N 72°49'02" W a distance of 126.86 feet to a 5/8 inch diameter iron pin; Thence N 72°05'24" W a distance of 278.61 feet to a %2 inch diameter iron pin marking the westerly corner of said Lot 9; Thence N 16°22'21" E along the northwesterly boundary of said Lot 9 a distance of 549.81 feet to a 5/8 inch diameter iron pin marking the northerly corner of said Lot 9; DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 14 OF 16 • Thence S 83 ° 10' 27" E along the northeasterly boundary a distance of 408.02 feet to a 5/8 inch diameter iron pin marking the easterly corner of said Lot 9; Thence S 16°05'58" W along the southeasterly boundary of said Lot 9 a distance of 626.76 feet to the POINT OF BEGINNING. This parcel contains 5.46 acres and is subject to any easements existing or in use. This parcel is also contiguous to the City of Meridian corporate limits. DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 15 OF 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-04-008) PAGE 16 OF 16 July 2, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Police Department --Chief Musser ITEM NO. ~ ~ REQUEST Discussion Regarding Jake Brake Ordinance 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 pubNc meetMgs shah become property of the City of Meridian. i ~ Tara Green Page 1 of 1 From: Bill Musser [musserbj~meridiancity.org] Sent: Monday, June 21, 200410:18 AM ~ " To: Tara Green' Subject: July 6 City Counal Tara, I would like the following placed on the July 6x' agenda for the City Council under Department Reports -Police Department: 1. Lease agreement with Probation and Parole for office space in the Police Department. P 8 P has requested to extend the lease agreement to a three year period rather than staying with the one year lease. Renewal needed and Counal direction requested. 2. Discussion regarding "Jake Brake" Ordinance -Council direction requested. Thanks, Bill 6/21/2004 • July 16, 2004 VAR 04-004 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT Capital Development/Capital Homes ITEM NO. - REQUEST Findings -Variance to allow a reduction from the required 5-foot interior side lot setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Sub. No. 5 - 1127 W. Great Basin Drive 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: BUILDING DEPT: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atFached Findings ~~pr~~ Contacted: C 1(~{~1 u~~f~ G ~.Q~ Date: ~~~~ Phone: Emailed: j >DV'Q SbVI~L°C[,~O~LD/'i<°.1']~~ Staff Initials: Mate als presented of public rneeHngs shill become properly ~ the City of Meriden. ~ _ ~~~~ 'i 1 tJt ;1~1, t tt°t;li; Interoffice ~ ~ ~+~° . ~._.r~,_ ~ , _,icv MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Baldwin Park Subdivision No. 5 - By: Capital Development/Capital Homes / (VAR-04-004) Date: July 13, 2004 Please find attached the original of the Findings of Fact and Conclusions of Law and Decision and Order Granting a Variance, pursuant to action of the Council at their July 6, 2004 meeting. The Findings will be on an upcoming Council agenda. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\M\Meridian\Meridian 15360M~Baldwin Pazk Snb No. 5VAR-04-004\berg VAR Ltr 07 13 04.dac • • July 2, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Water, Sewer and Trash Delinquencies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meelin~a shall become properly of the CHy of Meridian. July 6, 2004 ITEM NO. • • DELINQUENCY FOR TURN OFF SCHEDULED FOR July 7, 2004 CYCLE 2 RECEfVE€~ JUL - 6 1004 City of Meridian City Clerk 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, July 6, 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 July 7, 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 $20.074.52. CITY OF MERIDIAN Delinquent Account List- council Page: 1 Standard Payment Customers Jul 06, 2004 03:51 pm Current Period: 07/20/2004 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not included Customer.Cust No Q = {<} 880000001 Customer.Bill Cycle = 2 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 13.13.8426.2 A.M. THOMPSON MOONLAKE Tf 111.05 109.56 1.49 - - 06/28/2004 56.00 - 15.21.3146.3 AGUERO, JEREMY 54.70 51.76 2.94 - - - 8.08.0116.2 ALCORN, JEFFREY 175.78 95.98 79.80 - - 05/05/2004 150.00 - 15.21.2660.1 ALDERMAN, STEVEN B 114.72 54.94 59.78 - - 05/24/2004 52.00 - 16.31.3422.1 ALLEN, SEDENA 111.94 47.42 55.26 9.26 - 05/28/2004 46.00 - 15.15.0110.2 ALTA 122.88 76.44 46.44 - - 06/02/2004 46.44 - 14.19.6556.2 AMAR, STEVE 64.18 34.32 29.86 - - 05/13/2004 28.88 - 14.19.1360.1 ANDERSON, KIRK & CHERYL 52.80 17.60 17.60 17.60 - 04/27/2004 35.20 - 14.19.7336.2 ANDERSON, MICHAEL 53.14 48.40 4.74 - - 05/11/2004 86.86 - 17.34.1160.1 APARICIO, STEVE & STACEY 53.30 52.74 .56 - - 06/10/2004 59.04 - 15.15.0516.2 ARCHIBALD, BEN & JAMIE 42.20 20.12 22.08 - - 04/12/2004 20.12 - 15.21.2708.4 ASAY, ALAN & JULIE 121.88 60.82 57.88 3.18 - 05/04/2004 100.00 - 17.39.0002.1 ASIN HOMES 18.86 11.31 7.55 - - - 18.42.1028.1 AV II L.L.C. 375.05 369.05 6.00 - - 06/15/2004 361.53 - 14.20.1774.3 AYLWARD, PHILIPE & NAOMI 40.24 39.34 .90 - - 06/28/2004 42.00 - 17.33.4274.2 BACON,THOMAS 77.06 39.02 37.06 .98 - - 18.42.2372.1 BARNES, CHRISTY 113.64 56.82 56.82 - - 05/05/2004 103.53 - 7.40.0432.2 BARNES, DAVID 129.04 75.08 53.96 - - 05/13/2004 52.00 - 15.21.3036.2 BARR,GERALDINE 125.68 58.92 66.76 - - 06/01/2004 44.22- 18.42.1966.1 BARRY, CLAY A 130.14 60.66 69.48 - - -05/04/2004 68.50 - 18.42.3068.1 BAUDER,KEN 91.24 43.66 47.58 - - '06/01/2004 45.62- 9.92.7014.1 BEACHWOOD BUILDERS INC 28.04 21.08 3.48 3.48 - - 16.32.0508.1 BELL, DERRICK 71.34 62.22 9.12 - - 06/07/2004 80.00 - 17.33.2316.1 BELL, RICHARD 181.62 76.30 105.32 - - 05/05/2004 145.80 - 3.03.5398.2 BETHERS, PRATT G JR 72.84 40.54 32.30 - - - 18.42.1798.1 BETTENCOURT, RICHARD 132.96 66.48 66.48 - - 04/29/2004 188.62 - 15.22.1378.1 BIANCHI, DANIEL 165.78 80.44 85.34 - - 06/01/2004 79.46 - 10.10.2274.1 BILL DAVIS CONSTRUCTION 23.48 3.48 20.00 - - - 17.33.2600.1 BLACKHURST, SCOTT 76.72 38.36 38.36 - - 06/01/2004 36.40 - 15.21.3034.4 BOBKO, RAYMOND 151.04 71.60 79.44 - - 05/27/2004 52.98 - 16.31.0512.1 BOKMAN, HELEN 51.88 50.46 1.42 - - 07/06/2004 51.00 - 18.42.2268.2 BOLEN, KARIE 73.44 35.74 37.70 - - 05/17/2004 30.84- 17.34.1318.2 BOOHER, CRAIG & DANA 111.86 68.60 43.26 - - 07/06/2004 53.00 - 15.22.0894.1 BOTIMER, STEVEN 50.72 50.68 .04 - - 06/15/2004 48.72 - 6.06.1964.2 BRASHEAR, TODD 55.03 53.03 2.00 - - 08/01/2004 43.63 - 15.21.1054.1 BRAUNSTEIN, BERNARD & KAR 93.60 51.34 42.26 - - 04/29/2004 100.00 - 8.08.1346.2 BREWER, JEFFERY & NATALIE 85.58 43.06 42.52 - - 05/13/2004 43.50 - 16.32.0926.1 BRIGGS, NADINE 134.90 59.12 75.78 - - 06/01/2004 65.98 - 16.32.0504.3 BRIGHT, ARRON & SONIA 123.06 74.08 48.98 - - 06/02/2004 44.08 - 16.31.2306.1 BRIGHT, LEANN 67.80 41.20 26.60 - - 06/15/2004 47.00 - 16.31.0164.1 BRITTON, TIMOTHY 42.16 40.98 1.18 - - 06/15/2004 40.01 - 16.32.1290.1 BROWN, KERRY 32.64 30.68 1.96 - - 07/02/2004 30.68 - 18.42.2398.2 BRYANT, JOHN 45.72 43.64 2.08 - - 07/06/2004 40.00 - 16.32.1670.1 BUCKEY, STEPHAN 67.88 32.96 34.92 - - 05/27/2004 50.24 - 14.19.7150.2 BURCHFIELD, DARRELL 101.96 36.96 65.00 - - 05/14/2004 73.42 - 17.33.2264.2 BURNS, E. GALE 64.30 32.64 31.66 - - 05/04/2004 31.66 - 18.42.2460.1 BURTON, JACK 81.76 47.74 34.02 - - 05/14/2004 37.94 - 17.33.2614.2 BUTIKOFER, JENNIFER 65.96 38.52 27.44 - - 03/16/2004 100.00 - 15.21.0472.1 BUTTERFIELD, BRIAN 149.06 70.80 78.26 - - 06/01/2004 80.00 - 6.06.1350.2 BYRD, WILLIAM & VIVIAN 55.52 28.03 27.49 - - 05/04/2004 24.55 - *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 2 Standard Payment Customers Jul O6, 2004 03:51pm Current Period: 07/20/2004 No Deli nquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 10.10.0088.3 CAHOON, ERIC & AMY SKINNEF 51.32 47.56 3.76 - - 05/24/2004 70.16 - 15.21.2800.1 CAMPBELL, RON 227.49 51.11 176.38 - - 05/27/2004 193.06 - 3.03.5034.1 CANYON RIVER CONSTRUCTIO 24.56 21.08 3.48 - - 05/14/2004 3.48 - 3.03.5038.1 CANYON RIVER CONSTRUCTIO 34.46 21.08 4.46 5.44 3.48 - 18.42.0258.1 CAPITOL CHRISTIAN CENTER 835.72 508.00 327.72 - - 06/01/2004 305.16 - 18.42.0260.1 CAPITOL CHRISTIAN CENTER 454.22 281.63 172.59 - - 06/01/2004 146.27 - 16.32.0884.1 CARLSON, DEBORAH J. 152.84 70.54 82.30 - - 06/01/2004 40.16 - 17.34.2114.1 CARR, NANCY 85.34 32.64 28.72 23.98 - 05/07/2004 30.00 - 15.21.3130.2 CARSTENSEN, LUCINDA 146.18 76.50 64.74 4.94 - 05/04/2004 146.58 - 16.32.1402.2 CARTER, MICHAEL & CATHERIt` 72.80 34.44 38.36 - - 05/04/2004 85.22 - 14.14.3012.2 CHAMPAGNE, KIMBERLY & DES 107.92 60.96 46.96 - - 05!28/2004 47.00 - 15.21.1402.2 CHAPMAN, JAMES 120.71 55.20 57.16 8.35 - 06/02/2004 50.00 - 18.42.2582.1 CHAPMAN, LORRI 128.38 48.72 54.60 25.06 - 04/30/2004 50.00 - 15.15.0034.2 CHRISTENSEN, BRANDON & ME 73.66 39.90 33.76 - - 05/11/2004 74.08 - 15.21.1866.2 CHRUCH, ALAN 98.92 17.56 39.02 42.34 - 04/14/2004 37.00 - 15.15.2000.1 CHURCH OF JESUS CHRIST OF 129.05 61.31 60.19 7.55 - - 13.13.8806.2 CIRRITO, SALVATURE & STEPH 61.44 59.88 1.56 - - 06/01/2004 47.00 - 18.42.2376.3 CLAY, STEVEN & SUSAN 96.30 69.72 26.58 - - 07/06/2004 18.80 - 15.21.2214.4 CLEVELAND, RICHARD & KAREI 169.44 - - - 169.44 09/04/2003 109.08 - 10.10.1028.2 CLYDE, TIFFANY 89.10 61.94 27.16 - - 05/05/2004 50.00- 9.92.7001.1 COBBLEFIELD CROSSING 1,441.24 1,022.24 419.00 - - 04/29/2004 3.48 - 8.15.7001.1 COBRE/COPPER BASIN LLC 88.94 40.38 40.72 7.84 - - 15.21.1766.1 COFFMAN, RICK K. 106.14 53.56 52.58 - - 05/06/2004 78.10 - 14.19..6566.1 COGGINS, SCOTT 54.26 53.28 .98 - - 06/07/2004 43.92 - 16.31.2268.2 COLSON, CAROL 105.28 54.60 50.68 - - 04/27/2004 80.26 - 17:33.2566.2 CONNELL, EDWARD 90.44 47.68 42.76 - - 06/01/2004 55.00 - 15:22.2628.2 COSTNER, SHANNON 104.88 39.90 40.88 24.10 - 06/16/2004 53.74 - 14.14.3000.2 COVINO, VINCE & KIMBERLY 91.64 50.50 41.14 - - 05/06/2004 48.98 - 15.21.1740.2 COX, JAY & CARROL 172.16 117.45 54.71 - - 06/02/2004 44.91 - 17.34.2710.5 CRANE, SHANE 103.72 74.90 28.82 - - 06/02/2004 60.00 - q&1tT'9+~tp~t4i2' ' Cf~UZ; EDUARDO & MARCIA 183.18 88.60 89.58 5.00 - 06/01/2004 78.80 - 15.21.1918.1 CULVER, JAMES 95.54 50.36 45.18 - - 05/28/2004 46.00 - 6.06.1930.1 CUPP, SHAD & BECKY 113.04 37.67 75.37 - - 05/05/2004 262.49 - 15.21.2922.4 CUTLER, KIMBERLY 104.50 56.66 47.84 - - - 3.03.5308.1 DALE HOMES 43.04 21.08 21.96 - - 06/10/2004 6.96 - 10.10.0090.2 DANI, KATHLEEN 58.66 52.78 5.88 - - 06/01/2004 32.64 - 18.42.0346.2 DARRON STOUT 90.58 41.86 48.72 - - 06/02/2004 53.62 - 10.10.2362.1 DARYL WILSON CONSTRUCTIO 44.10 33.66 3.48 3.48 3.48 - 15.21.1788.2 DAVENPORT, ANTHONY 127.74 64.56 63.18 - - 06/07/2004 63.00 - 16.31.3016.1 DAVIS, HARRY 38.68 34.76 3.92 - - 06/15/2004 28.88 - 13.13.5004.1 DAVIS, MICHAEL & TIFFANY 114.52 60.96 53.56 - - 05/18/2004 51.60 - 18.42.2288.3 DAVIS, RENEE 58.35 54.28 4.07 - - 06/15/2004 62.12 - 15.21.3070.1 DECK, KIMBERLY 143.72 58.46 85.26 - - 05/05/2004 80.00 - 9.09.9210.1 DENA MARTIN 105.12 61.52 43.60 - - 05/12/2004 6.42 - 16.32.1098.2 DERRICK, ARTHUR J & LAURA F 104.28 33.78 40.64 29.86 - 05/04/2004 57.76 - 18.42.0428.3 DIEDERICH, SHERYL 52.20 26.10 26.10 - - 05/24/2004 25.12 - 8.08.1072.2 DILDINE, MICHAEL & JENNIFER 47.10 46.74 .36 - - 06/10/2004 36.04 - 14.14.3648.2 DIXON, BRADLEY & MIRANDA 70.06 35.30 34.76 - - 05/04/2004 60.70 - 17.33.2594.2 DONALDSON, NEAL 108.98 42.68 41.70 24.60 - 06/01/2004 50.00- 17.33.2612.6 DONALDSON, NEAL 101.16 65.58 35.58 - - 06/02/2004 64.60 - 15.21.1958.1 DOTY, CHRISTY L. 106.86 76.86 30.00 - - 05/10/2004 268.96 - 15.22.2418.2 DUFF, DEAN & LAURIE 31.36 30.68 .68 - - 06/24/2004 30.00 - 18.42.2598.2 EASTBURN,GARY 130.80 63.44 67.36 - - 06/14/2004 66.38 - 15.21.1106.1 EDGERTON, ANDREA 157.38 77.22 80.16 - - 06/01/2004 61.54 - 17.34.1898.1 EDINGER. REX S. 98.72 49.54 49.18 - - 05/28/2004 75.00 - '*' in Msg column indicates no Notice is to be sent CITY OF MERI DIAN Delinquent Account List- counci l Page: 3 Standard Payment Customers Jul 06, 2004 03:51pm Current Period: 07/20/2004 No Deli nquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 16.31.3034.1 EDWARDS, MARILYN 74.92 27.90 29.86 17.16 - 05/04/2004 50.00 - 18.42.4328.1 ELDRIDGE, PHILP & UROUICO, . 50.24 25.12 25.12 - - 05/12/2004 17.60 - 15.21.3164.2 ELEOPOULOS, JAMES 146.54 88.78 57.76 - - 06/02/2004 50.00 - 17.34.0592.1 ELLIS, TODD & DANA 118.93 67.28 51.65 - - 06/01/2004 50.00 - 18.42.2302.1 ELLISON, AUBREY & LYNN 95.00 50.36 44.64 - - 05/13/2004 60.00 - 15.22.1634.1 ERICKSON, EVA LOUISE 87.86 42.06 22.90 22.90 - 05/03/2004 20.12 - 17.39.0003.1 FAIRVIEW LAKES LLC 152.44 71.10 81.34 - - - 15.21.1172.4 FALK, RICHARD 162.50 79.78 82.72 - - 05/05/2004 166.02 - 14.20.1564.5 FAST, DAN 100.76 88.18 32.58 - - 05/12/2004 99.86 - 15.15.0104.2 FELKINS, DAN & YOLANDA 75.88 37.94 37.94 - - 05/04/2004 36.96 - 10.10.0694.1 FENIX CONSTRUCTION 11.87 8.39 3.48 - - - 10.10.0690.1 FENIX CONSTRUCTION 38.91 34.45 4.46 - - - 10.10.2268.1 FENIX CONSTRUCTION 26.91 23.43 3.48 - - - 10.10.0676.1 FENIX CONSTRUCTION INC 35.56 24.84 7.24 3.48 - - 14.19.0306.2 FIORENZA, ANGIOLINA & RAFF/ 121.58 43.34 78.24 - - 05/11/2004 91.90 - 16.16.3640.2 FITZEN, LARAE & LINDA 115.36 43.66 71.70 - - 05/05/2004 164.00 - 16.32.1380.1 FLEDDERJOHANN, DIANE 56.66 26.92 29.74 - - 05/05/2004 29.00 - 6.06.9052.2 FLEISCHER, MARK 46.22 36.37 9.85 - - 06/07/2004 49.39 - 16.31.0776.2 FOSTER, COLLEEN & WAYNE 80.32 39.18 41.14 - - 05/24/2004 45.06 - 6.06.1318.2 FRETWELL, ALEXANDER & JENI 65.98 37.67 28.31 - - 05/25/2004 26.35 - 15.21.2828.2 FRIEND, RICHARD & KIMBERLY 40.98 39.02 1.96 - - - 16.32.1540.1 FROMAN, BRUCE 79.38 6.10 61.30 11.98 - 07/02/2004 30.00 - 15.15.0053.2 GABRIEL, RON 74.12 37.06 37.06 - - - 8.08.1014.2 GALLEGOS, GARY & RUBIE 93.84 51.06 42.78 - - 05/24/2004 43.00 - 16.31.2250.1 GARCIA, ANOTONIO 135.26 67.52 67.74 - - 04/21/2004 141.68 - 16.31.0226.4 GARCIA, REANA 83.92. 40.98 42.94 - - 05/04/2004 1:96 - 6.06.1910.2 GARDNER, MICHAEL 81.02 45.19 35.83 - - 04/29/2004 34.85 - 14.20.1284.2 GARDNER, VINCE 124.92 62.46 62.46 - - 05/04/2004 118.43 - 17.33.2302.1 GARRARD, DALE 74.76 36.40 38.36 - - 06/02/2004 35.42 - 15.21.0234.3 GARRETT, DAMON 98.46 51.90 46.56 - - 06/01/2004 73.00 - 13.13.8446.3 GIBBS, JOSEPH & GAYLENE 102.10 56.22 45.88 - - 05/26/2004 45.88 - 18.43.0090.2 GLADNEY, KERRI & MARK 80.78 41.96 38.82 - - 05/12/2004 45.00 - 17.33.2388.1 GLUCH, SCOTT 56.78 27.90 28.88 - - 05/04/2004 27.90 - 14.19.0536.2 GONZALES, BENJAMIN 50.36 48.40 1.96 - - - 17.34.1240.1 GORE, JOSEPH 32.65 32.64 .01 - - 06/24/2004 32.63 - 17.34.1444.2 GRATTON, THOMAS 117.90 60.42 57.48 - - 05/11/2004 48.66 - 17.33.2752.1 GRAVES, DENNIS 133.26 79.86 53.40 - - 05/19/2004 55.00 - 15.21.1734.2 GROAT, STEPHANIE 137.44 70.64 66.80 - - 06/01/2004 65.00 - 18.42.1080.2 GROOTHOF, THEODORE 50.54 26.66 23.88 - - 06/05/2004 36.46 - 15.21.0462.3 GUNNARSON, HOWARD & RUTt 185.27 69.72 104.25 11.30 - 06/15/2004 100.00 - 16.32.0894.2 HAHN, ROB 74.76 35.42 39.34 - - 05/04/2004 69.04 - 13.13.8202.2 HALES, LEE 76.58 51.30 25.28 - - 05/11/2004 60.59 - 15.21.0058.2 HALEY, STEVE & STEPHANIE 87.32 43.66 43.66 - - 05/28/2004 41.96 - 16.31.0448.4 HALL, JANET 111.38 55.20 56.18 - - 05/21/2004 56.18 - 15.15.0029.2 HALL, JOHN & CAROLYN 117.32 43.66 73.66 - - 06/01/2004 43.66 - 15.22.0924.1 HALL, KEVIN 83.88 37.94 41.86 4.08 - 05/03/2004 70.00 - 18.42.3732.1 HANDLEY, JEREMY 86.34 42.68 43.66 - - 06/01/2004 42.68 - 15.21.0002.2 HANNA, LINSAY & WAGGENER, 87.64 42.84 44.80 - - 05/27/2004 40.88 - 17.34.0841.5 HARDY, MICHAEL 145.08 73.32 71.76 - - 05/07/2004 85.22 - 17.34.0839.3 HARDY, MICHAEL 82.54 55.68 26.86 - - 06/08/2004 42.94 - 17.33.2368.2 HARNECK, KARI 74.16 37.38 35.42 1.36 - 05/28/2004 37.00 - 15.21.2090.2 HARRIS, WILLIAM 71.30 35.16 36.14 - - 05/26/2004 56.14 - 17.34.0512.1 HARRIS, WILLIAM & EMO JEAN 51.08 47.50 3.58 - - 06/22/2004 40.00 - 15.21.1786.1 HART, DOUGLAS & DONNA 61.85 35.19 26.66 - - 04/30/2004 30.00 - 15.22.2590.2 HART. JULIE 51.09 17.89 33.20 - - 06/10/2004 62.80 - *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Jul 06, 2004 03:52pm Current Period: 07/2012004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04!20/2004 03/20/2004 Date Amount 15.22.0860.4 HARTMAN, BRUCE 100.84 60.42 40.42 - - 05/04/2004 67.68 - 15.22.2102.3 HARWOOD, WILLIAM & EMA 57.32 46.44 10.88 - - 06/23/2004 60.00- 17.34.3234.2 HATCH, GARY 98.60 48.32 50.28 - - 06/01/2004 46.36 - 15.22.1202.6 HATFIELD, TED 128.30 64.74 63.56 - - 06/11/2004 41.96 - 10.10.2058.2 HAYS, ROBERT & TEFFANY 57.20 56.22 .98 - - 06/21/2004 44.90 - 15.22.2526.2 HERBERT, WILLIAM III 121.90 46.44 75.46 - - 05/05/2004 98.54- 3.03.5124.1 HIGH DESERT CONSTRUCTION 29.02 22.06 3.48 3.48 - - 17.34.1870.2 HILL, RONIE & CARLA 124.90 60.00 64.90 - - 05/28/2004 62.94 - 7.48.3001.1 HILLVIEW DEVELOPMENT CO. 718.74 26.66 315.66 376.42 - - 16.31.0478.1 HIRAHARA, ED 224.43 109.87 114.56 - - 05/28/2004 144.00- 14.20.1592.2 ROGUE, JR., PHILLIP A. 54.30 27.64 26.66 - - 05/11/2004 28.62 - 16.32.1456.1 HOLLINGSHEAD, BRETT 97.90 49.64 48.26 - - 05/28/2004 50.00 - 15.21.1928.2 HOLMES, MICHAEL & LAURIE 156.46 84.44 72.02 - - 06/02/2004 60.00 - 16.31.2310.2 HOME FEDERAL 99.63 - - - 99.63 11/18/2003 10.00 - 16.32.0530.3 HOOVER, LYND 71.65 47.59 24.06 - - 05/27/2004 128.07 - 18.42.2004.1 HOWELL, SHELLY 156.26 85.48 70.78 - - 05/27/2004 57.06 - 14.19.6554.2 HSU, TOMAS & GUADALUPE 106.68 58.02 48.66 - - 05/03/2004 89.64 - 18.42.1860.3 HUFFAKER, ROBERT 98.64 52.48 46.16 - - 06/01/2004 40.00 - 15.15.0048.3 HUNTER, PAUL 76.72 39.34 37.38 - - 05/27/2004 68.22 - 10.10.1080.2 ITZHAKOV, YURI & KRISTI 111.72 61.52 50.20 - - 05/28/2004 50.20 - 17.33.2760.3 JACKCI, JEANETTE & JENNIFEF 56.86 42.94 13.92 - - 06/15/2004 30.00 - 18.42.1934.4 JACOBSEN, FRANK 54.28 50.36 3.92 - - 06/23/2004 48.40 - 16.32.1552.1 JAKOMEIT, MICHAEL 81.96 - - - 81.96 11/24/2003 43.79 - 17.33.0358.1 JAMES COURT APTS 574.18 566.18 8.00 - - 06/23/2004 622.04 - 16.31.0516.1 JARRETT, SHARON 82.54 24.30 57.24 1.00 - 05/05/2004 66.02 - 16.32.1622.1 JENKINS, LELAND 75.88 45.88 30.00 - - 07/06/2004 45.88 - 16.31.0736.1 JENKINS, PHOEBE 39.64 22.77 16.87 - - 04/16/2004 50.00 - 17.33.2374.3 JLC PROPERTIES 131.56 52.74 78.82 - - 05/28/2004 72.34 - 18.42.2482.1 JOHNSON, BRYON & MARYLEN 112.74 41.86 70.88 - - 06/02/2004 35.06 - 18.42.0374.3 JOHNSON, DORTHY & REX 134.24 62.06 70.88 1.30 - 07/06/2004 100.00 - 15.21.0080.2 JOHNSON, MARC 121.16 45.88 75.28 - - 05/24/2004 40.98 - 16.31.0160.1 JOHNSON, WILLIAM G 44.24 37.38 6.86 - - 06/09/2004 36.40 - 18.42.2034.1 JOYCE, THOMAS 131.46 68.00 63.46 - - 06/01/2004 50.00 - 15.21.0530.2 JUSTIN, TRACY 105.94 55.16 50.78 - - 07/08/2004 51.50 - 14.20.1260.2 KAWANO, EDITH 65.42 32.22 33.20 - - 04/26/2004 65.58 - 15.21.0028.2 KEENEY, DONLAN & ELIZABETF 82.10 41.86 40.24 - - 06/08/2004 40.00 - 15.22.1614.2 KEENEY, ELIZABETH 106.66 37.94 68.72 - - 05/05/2004 80.00 - 15.21.1826.1 KEITHLEY, ROBERT 130.32 56.24 51.34 22.74 - 06/05/2004 21.74 - 6.06.9220.2 KELLY, JOHN & KATHY 48.29 42.25 6.04 - - 05/11/2004 67.63 - 18.42.1810.2 KESTER, ROBERT 85.70 42.68 42.68 .34 - 06!01/2004 47.00 - 15.22.1338.2 KILLION, DAVID & AMY 40.66 38.66 2.00 - - 06/24/2004 60.00 - 16.31.3268.1 KIRKLAND, LISA 101.82 35.42 66.40 - - 05/05/2004 71.82 - 6.06.1448.1 KLINDT, PAUL & DANETTE 43.14 24.78 18.36 - - 05/11/2004 37.63 - 9.09.9230.2 KOCH, CHRISTOPHER & MISHE 51.68 50.08 1.60 - - 06/21/2004 49.00 - 14.19.6642.1 KRENZ, ROY 115.16 46.32 68.84 - - 05/26/2004 69.00 - 16.32.0512.2 KRUSE, BRENDA 49.38 24.14 25.12 .12 - 07/06/2004 25.00 - 18.42.4056.1 LAMOREAUX, KIM 168.36 88.54 79.82 - - 06/02/2004 80.00 - 16.32.0632.1 LANDER, WALLACE & VIRGINIA 69.81 66.14 3.67 - - 07/06/2004 61.24 - 15.21.2814.2 LANDOW, JOANN 47.50 46.28 1.22 - - 07/06/2004 48.00 - 14.20.0208.2 LANGEVIN, MICHAEL & DARCIE 67.70 34.34 33.36 - - 05/04/2004 59.04 - 15.21.1970.2 LAURENCE, PATRICK & ROBIN 95.82 49.38 46.44 - - 05/04/2004 88.14 - 8.08.5064.2 LAWHORN, JASON & WENDY 97.76 59.72 38.04 - - 04/30/2004 .98 - 10.10.2322.2 LAYNE, DOUGLAS 92.30 50.34 41.96 - - 05/14/2004 17.82 - 14.20.1986.3 LEDO, CHRISTOPHER & GLAYD 93.24 52.32 40.92 - - 05/04/2004 45.46 - 6.06.2020.2 LETTER, JOHN & CANDICE 104.68 39.47 65.21 - - 05/06/2004 91.00 - *** in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Jul 06, 2004 03:52pm Current Period: 07/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 14.19.7470.1 LESLIE CONSTRUCTION 22.11 17.60 4.51 - - 07/06/2004 13.09- 15.21.0584.3 LEWIS, RICHARD & MICKIE 105.62 52.32 53.30 - - 05/04/2004 49.38 - 17.34.1754.1 LIEBERMAN, DAVID 180.30 87.70 92.60 - - 05/27/2004 38.36 - 15.22.1581.1 CINDER ELEMENTARY 261.32 211.78 36.80 12.74 - - 3.03.5001.1 LOCHSA FALLS, LLC 118.61 86.44 32.17 - - 07/06/2004 1,205.67 - 16.32.0754.2 LONG, LUJEAN 165.42 86.14 79.28 - - 05/18/2004 91.04 - 15.21.3134.1 LOVE, JAMES & ELIZABETH 127.34 73.16 54.18 - - 05/28/2004 50.00 - 16.32.1320.1 LUKE, SHELLIE M. 140.28 64.08 68.98 7.22 - 06/01/2004 50.00 - 14.19.5486.2 LYTLE, ROBERT 72.28 36.14 36.14 - - 05/14/2004 35.16 - 15.22.1724.1 MACHADO, DAVID 93.82 23.16 28.06 26.10 16.50 04/14/2004 30.00 - 6.06.9858.2 MAI, CURTIS 47.34 30.31 17.03 - - 06/15/2004 23.42 - 9.09.9336.1 MALLON CONSTRUCTION 49.40 21.08 17.60 7.24 3.48 - 18.42.3740.2 MANN, JOSH 35.42 34.44 .98 - - 06/22/2004 36.40 - 17.34.2808.1 MANN, KEVIN & VIVIAN 68.16 67.30 .86 - - 06/25/2004 47.00 - 15.21.2058.5 MARCH, DAVID & LEANN 109.34 40.16 69.18 - - 05/05/2004 75.58 - 18.42.3112.3 MARKS, BECKY 40.92 38.92 2.00 - - 06/03/2004 35.94 - 18.42.1206.1 MARTIN, LOREN 60.84 31.40 29.44 - - 05/06/2004 59.04 - 8.08.1288.2 MARTIN, SCOTT & JANELL 52.18 51.88 .30 - - 06/10/2004 45.46 - 15.21.2820.3 MARTINA, DAVID 108.48 54.94 53.54 - - 06/15/2004 30.00 - 17.33.2582.3 MCCALL, M. DAVID 122.46 50.94 71.52 - - 05/18/2004 41.14 - 18.42.2072.1 MCCLINTICK, TODD & LEISA 151.52 68.90 82.62 - - 06/01/2004 67.92 - 17.33.1674.2 MCFALL, MICHAEL 95.28 62.64 32.64 - - 06/02/2004 31.66 - 15.21.2114.3 MCGAHEY, JAMES & LISA 101.92 40.88 37.94 23.10 - 05/03/2004 80.00 - 14.14.3454.4 MCGAVIS, DENNIS & RAELENE 58.74 57.76 .98 - - 05/12/2004 67.11 - 16.31.0822.1 MCKAY, JOHN 76.72 38.36 38.36 - - 05/27/2004 36.40 - 16.31.0748.1 MCKINSEY, TERESA 102.20 48.16 54.04 - - 05/13/2004 34.44 - 16.32.0454.3 MCLEAN, JACK & BOB 70.84 53.24 17.60 - - 06/10/2004 60.00 - 16.32.0658.1 MELLEN, JOSEPH 60.11 60.10 .01 - - 06/10/2004 63.00 - 15.21.1132.1 MELTON, GARY 100.06 53.46 46.60 - - 05/28/2004 44.64 - 17.33.2538.1 MENDOZA, GEORGE & ELIZABE 115.96 58.96 57.00 - - 05/21/2004 57.98 - 5.05.0004.1 MERIDIAN SCHOOL DIST 52.70 41.39 11.31 - - - 5.05.0003.1 MERIDIAN SCHOOL DIST 731.72 719.42 12.30 - - - 9.09.1000.1 MERIDIAN SCHOOL DISTRICT 883.60 443.65 157.95 282.00 - 04/30/2004 52.70 - 16.31.0494.2 MESZAROS,LILLI 94.84 47.42 47.42 - - 06/15/2004 47.42- 14.19.1708.2 MICHAS, JAMES 119.02 55.10 63.92 - - 04/26/2004 98.60- 17.33.1640.2 MILLER, NOAH & AMY 77.06 39.02 38.04 - - - 15.22.2434.2 MOELLIS, KOREY 27.75 26.10 1.65 - - 06/01/2004 25.00 - 17.34.0580.1 MOFFAT, ROBERT 64.30 32.64 31.66 - - 05/25/2004 33.62 - 15.15.0526.2 MOLINA, RONALD 68.88 33.46 35.42 - - 05/26/2004 37.38 - 15.22.2088.2 MOODY, SHAIN 132.62 68.52 64.10 - - 06/02/2004 40.00 - 14.19.0182.2 MOORE, DARLEEN 54.30 27.64 26.66 - - 05/04/2004 30.58 - 16.32.0816.1 MOORE, RICK T. 111.50 50.36 61.14 - - 05/27/2004 49.38 - 17.34.0366.4 MOORE, WILLIAM 104.50 47.84 48.82 7.84 - - 16.32.0400.2 MORTENSEN, JERRY 89.44 41.78 47.66 - - 05/04/2004 25.12 - 18.42.2378.2 MOSS, STEVEN 125.34 52.08 73.26 - - 05/06/2004 73.78 - 17.34.0500.1 MOURITSEN, LAYNE 146.96 81.32 65.64 - - 05/12/2004 47.02 - 3.03.5238.2 MUNOZ, ROBERT& MICHELLE 58.62 31.54 27.08 - - 05/25/2004 38.04 - 15.21.1068.1 MURRAY, JOHN 116.96 49.14 59.92 7.90 - 05/03/2004 80.00 - 15.21.1094.1 MUZALIWA, ILUNGU 79.62 60.82 18.80 - - 06/15/2004 60.00 - 6.06.9262.1 N W CONSTRUCTION 40.09 18.87 10.34 6.42 4.46 - 18.42.3088.2 NASH, TIM & JOCELYN 42.33 41.70 .63 - - 06/09/2004 41.07 - 8.08.1070.1 NEIDER, KYLEE & MENDI 120.14 48.28 71.86 - - 05/06/2004 110.78 - 16.31.0508.2 NELSON JOHN H. 54.96 26.10 28.86 - - 06/10/2004 32.00 - 10.10.2338.1 NELSON, LARRY & CAMI 84.78 54.98 29.80 - - 05/17/2004 8.38 - 17.34.3204.2 NICHOLSON, MARLENE 68.88 41.78 27.10 - - 05/06/2004 50.00 - "' in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Jul 06, 2004 03:53pm Current Period: 07/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 16.32.0560.1 O'DELL, LAURA K. 76.94 43.58 33.36 - - 05/25/2004 20.00 - 13.13.8816.2 OLIVER, SHELLI 95.04 92.82 2.22 - - 07/06/2004 40.00 - 13.13.8812.2 OLSEN, HANS & AMANDA 67.26 38.80 28.46 - - 04/30/2004 28.46 - 16.32.1460.1 OSBURN, JODY 45.02 35.42 9.60 - - 05/26/2004 45.00 - 18.42.2258.2 OVERDEVEST, ROBERT 155.46 81.16 64.50 9.80 - - 15.21.1432.2 OWSLEY, RICK & TERI 52.60 52.16 .44 - - 06/23/2004 46.00 - 16.31.3504.1 PADDOCK, LINDA 100.84 66.40 34.44 - - 06/02/2004 64.70 - 10.10.0114.2 PAPADOPULOS, AURORA 84.96 44.62 40.16 .18 - 05/21/2004 39.00 - 17.34.1230.1 PARENT, BEAU 66.54 41.14 25.40 - - 06/15/2004 36.00 - 16.32.1700.1 PASTIAN, BRYON 96.88 96.62 .26 - - 06/02/2004 118.14 - 6.06.1450.1 PAT PALMER 23.33 16.91 6.42 - - 04/27/2004 11.62 - 16.32.1392.1 PATTEN, JASON 54.50 37.38 17.12 - - 06/28/2004 32.65 - 8.08.1374.2 PATTEN, MILA 83.48 46.42 37.06 - - - 16.32.1626.2 PAYNE, LARRY & KRISTY 99.42 49.22 50.20 - - 05/04/2004 99.42 - 14.19.0840.2 PECK, JAMES 88.30 44.64 43.66 - - 04/30/2004 43.66 - 13.13.8802.3 PERA, DAVID 76.28 38.90 37.38 - - 05/12/2004 33.32 - 18.43.0180.1 PETERSON CONSTRUCTION 42.72 21.36 21.36 - - 05/19/2004 37.80 - 16.32.0808.3 PETET, DONALD & KATHY 32.08 8.38 23.70 - - 05/18/2004 89.22 - 16.32.0690.2 PETTERSON, KENNETH 89.15 64.44 24.71 - - 06/07/2004 50.00 - 18.42.1208.1 PHIMMASONE, PHETMALEY 48.20 46.60 1.60 - - 06/15/2004 45.00 - 15.15.0036.2 PIERCE, CHUCK SR. & MARY 159.88 95.96 63.92 - - 06/02/2004 68.00 - 18.42.1218.3 PIERCE, DEVIN 42.00 41.96 .04 - - 06/10/2004 38.00 - 18.42.1160.1 PIETRZAK, JOHN 134.00 82.00 52.00 - - 06/02/2004 59.84 - 15.21.1086.2 PITCHER, MIKE& CHRISTA 212.82 76.02 136.80 - - 06/01/2004 73.08 - 15.22.1344.1 PLOTT, JOHN 73.60 59.84 13.76 - - 06/08/2004 50.00 - 14.20.1586.2 POLIZZI, BARBARA 163.76 88.74 75.02 - - 05/24/2004 39.74 - 15.21.2604.1 PORTER, RODNEY 130.78 61.96 68.82 - - 05/27/2004 78.88 - 15.21.3062.1 POWELL, GREG & CATHERINE 227.92 143.66 84.26 - - O6/02I2004 37.48 - 16.31.1266.1 PREISLER, SAMUEL 122.60 55.42 67.18 - - 05/27/2004 62.68 - 17.34.1940.2 PRESLEY, ALLISON 81.62 41.30 40.32 - - 06/01/2004 93.56 - 17.33.2732.2 PRYOR, KELSEY 147.52 71.80 75.72 - - 06/03/2004 47.02 - 15.21.1720.1 PURVIS, BRETT J. 123.12 58.62 64.50 - - 05/05/2004 79.80 - 14.14.5034.2 PUTMAN, CHERYL 57.64 32.52 25.12 - - 05/06/2004 26.10 - 17.34.1172.1 QUARNBERG, CARL & DOROTH 220.38 68.60 78.40 65.66 7.72 05/05/2004 55.00 - 16.16.3001.1 RATCLIFFE INVESTMENTS 20.88 - - - 20.88 - 14.14.3004.2 RE/MAX OF BOISE 95.85 - 10.49 42.68 42.68 04/06/2004 38.92 - 15.22.0910.4 RE/MAX WEST 61.12 24.06 37.06 - - 05/13/2004 54.66 - 16.32.1318.3 REEDER-GRAY, JULIE 53.78 34.44 19.34 - - 06/16/2004 50.00 - 15.21.2918.1 REYES, DAVID 114.38 40.72 73.66 - - 05/05/2004 80.62 - 15.21.1710.2 RICHARDSON, VANESSA 121.80 56.98 64.82 - - 05/11/2004 50.12 - 15.22.0880.1 RIETH, KEVIN F. 175.23 94.80 80.43 - - 05/28/2004 50.00 - 18.43.2452.2 RILEY, RYAN & CHRISTINA 151.42 76.20 75.22 - - 05/07/2004 81.22 - 17.33.2348.1 RIPOLL, RHONDA 49.66 31.00 18.66 - - 06/25/2004 40.00 - 15.15.0064.1 ROBERTS, CHAD 42.28 39.34 2.94 - - 06/10/2004 40.16 - 15.21.3080.1 ROBERTS, JAY 82.83 82.78 .05 - - 06/10/2004 38.63 - 16.31.3054.2 ROSSENBACH, JANE 31.94 31.66 .28 - - 05/25/2004 65.00 - 14.20.2060.2 ROTMAN, MARY 117.90 53.56 64.34 - - 05/17/2004 44.74 - 15.22.0914.1 RUCKER, JEAN 93.26 49.70 43.56 - - 06/01/2004 35.00 - 13.13.6060.1 RUNGE, DUNCAN 136.02 87.20 48.82 - - 06/02/2004 66.86 - 9.09.0404.2 SAFFERY, BRETT & KATELLA 86.42 46.42 40.00 - - 05/04/2004 38.04 - 14.19.7156.1 SALAZAR, DANIEL 59.72 29.86 29.86 - - 05/28/2004 59.72 - 17.34.1078.2 SAVELBERG, DOYLE 157.00 76.54 80.46 - - 06/02/2004 77.06 - 3.03.5298.1 SAWTOOTH HOMES 25.54 22.06 3.48 - - 06/01/2004 3.48 - 3.03.5286.1 SAWTOOTH HOMES 25.54 22.06 3.48 - - 06/01!2004 3.48 - 3.03.5306.1 SAWTOOTH HOMES 25.54 21.08 4.46 06/01/2004 3.48 - '*' in Msg column indicates no Notice is to be sent i i. CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Jul 06, 2004 03:53pm Current Period: 07/20/2004 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 3.03.5264.1 SAWTOOTH HOMES INC 25.54 22.06 3.48 - - 06/01/2004 3.48 - 3.03.5302.1 SAWTOOTH HOMES INC 25.54 22.06 3.48 - - 06/01/2004 3.48 - 17.34.2122.1 SCHMIDT, GLEN 95.02 46.04 48.98 - - 05/28/2004 52.16 - 16.32.1642.1 SCHMIT, JAMES 84.90 42.94 41.96 - - 05/28/2004 74.90 - 18.42.3050.1 SCHOLZ, LESLIE 167.95 16.60 28.47 46.44 76.44 03/03/2004 130.40 - 17.33.2584.2 SCHULER, ROBERT & JAMIE 83.92 41.96 41.96 - - 06/01/2004 45.10 - 16.31.3018.2 SCHUSTER, FORREST & DEBBII 95.32 52.74 42.58 - - 05/18/2004 40.16 - 8.08.0162.2 SCHWARTZ, PENELOPE 62.22 34.32 27.90 - - 05/04/2004 53.02 - 3.03.5210.1 SCURGOT, DOUG 46.66 28.92 12.30 5.44 - - 17.34.2760.4 SEALY, CANDYCE 120.20 61.08 59.12 - - 05/04/2004 115.30 - 17.33.2402.3 SHACKELFORD, RANDALL 21.36 - - - 21.36 12/02/2003 28.88 - 15.21.0034.1 SHAPER, JERRY 160.20 82.70 77.50 - - 05/04/2004 135.00 - 18.42.3042.1 SHAMIM,YAMIR 107.32 44.64 62.68 - - 05/11/2004 66.24- 17.33.3572.2 SHAPEL, NORENE 81.96 37.06 38.04 6.86 - - 16.32.0970.4 SHEARER, JOE & RENEITA 135.62 53.30 82.32 - - 06/02/2004 76.44 - 18.42.3008.1 SHELLY, STEVEN 49.72 41.20 8.52 - - 03/12/2004 220.00 - 18.42.2526.1 SHELTRON, ROGER 103.98 58.36 45.62 - - 06/14/2004 62.68 - 17.34.2048.1 SHEPERD, CRAIG 97.96 45.06 52.90 - - 06/01/2004 42.12- 17.34.1178.2 SHERBURNE, BROOKE 90.76 44.40 46.36 - - 05/17/2004 34.60 - 14.14.5026.4 SHOREY, TODD 91.26 49.82 41.44 - - 05/24/2004 42.42 - 3.03.5382.1 SIKORSKY, SERGY 30.98 24.02 3.48 3.48 - - 15.21.0208.1 SILSBY, TERRY 105.62 56.88 48.74 - - 05/28/2004 40.00 - 15.15.0764.2 SILVA, MANUEL & MARIA 37.90 33.46 4.44 - - 05/04/2004 63.46 - 10.10.0106.2 SIMMONS, SANDRA L 82.32 42.82 39.50 - - 06/01/2004 40.82 - 13.13.2036.2 SIMON, DARCI 126.40 58.58 64.90 2.92 - 05/28/2004 43.00 - 16.31.3236.2 SINCLAIR, KEN 95.68 44.90 50.78 - - 05/06/2004 44.90 - 15.21.2836.2 SINGLETON, RODNEY 179.92 103.98 75.94 - - 06/02/2004 67.70 - 16.31.3464.3 SIRANI, JOSEPH & LINDA 112.04 55.04 57.00 - - 05/18/2004 119.72 - 17.34.0822.1 SITZLAR, RON & GAY 136.20 84.86 50.94 .40 - 06/02/2004 39.18 - 15.22.2296.2 SIVEY, DARWIN & BARBARA 42.52 41.54 .98 - - - 14.19.1690.2 SMAGULA, LINDA 55.80 27.90 27.90 - - 05/18/2004 28.88 - 15.15.0644.3 SMITH, TONI 75.10 38.04 37.06 - - - 7.40.0112.2 SODERLING, DIRK & DIXIE 87.38 49.84 37.54 - - 05/21/2004 37.54 - 17.34.0428.2 SOKOLI, KATHY 48.88 45.88 3.00 - - 06/01/2004 46.76 - 18.42.2468.1 SONEPHATHOUM, S & V 74.86 57.06 17.80 - - 06/14/2004 52.00 - 15.22.2342.2 SPANBAUER, TODD & LISA 125.16 48.56 76.60 - - 05/26/2004 77.58 - 16.32.1416.2 ST. CLAIRE, TIMOTHY & LISA 55.80 27.90 27.90 - - 05/18/2004 26.92 - 16.32.1598.2 STAGGS, DUKE 85.22 43.10 42.12 - - 05/13/2004 40.16 - 18.42.2040.2 STAHL, KARIN 132.10 61.64 70.46 - - 06/01/2004 63.60 - 14.19.7190.2 STAUFFER, JOHN 99.42 51.18 48.24 - - 04/29/2004 93.86 - 15.22.1152.3 STEMPLE, CORY & GRAM, LORI 100.28 74.80 25.48 - - 06/09/2004 53.24 - 16.32.0792.2 STEPHANS, LEANN 80.04 38.92 41.12 - - 06/01/2004 40.00 - 18.42.3056.4 STINAR, ILENE 66.11 48.24 17.87 - - 06/10/2004 30.00 - 15.21.0152.2 STODDARD, NORMAN 66.76 49.22 17.54 - - 07/06/2004 65.00 - 17.34.2044.3 STOTTS, JAMES & ROBIN 96.26 56.66 39.60 - - 06/16/2004 50.00 - 13.13.8462.4 SUNRISE ESTATES C/O 139.16 69.26 69.90 - - 05/05/2004 80.78 - 6.06.1914.1 SWANSON, STEVE 71.54 40.45 31.09 - - 06/01/2004 30.11 - 15.22.1946.2 TALLEY, DANNY & KATHLEEN 78.68 36.40 42.28 - - 05/04/2004 39.34 - 17.34.1764.2 TAYLOR, LYLE & NADINE 71.30 36.14 35.16 - - 04/29/2004 36.14 - 16.31.2314.2 TEIXEIRA, MICHELLE 68.54 35.16 33.38 - - 05/24/2004 37.00 - 17.33.7600.2 THARP, ROBERT & CARRIE 46.77 43.83 2.94 - - 06/15/2004 53.63 - 8.85.0018.1 THOMAS &DUNN 20.53 17.05 3.48 - - - 8.85.0136.1 THOMAS &DUNN 19.55 16.07 3.48 - - - 8.85.0116.1 THOMAS &DUNN 28.04 21.08 3.48 3.48 - - 8.85.0040.1 THOMAS &DUNN 35.56 24.84 7.24 3.48 - - *'* in Msg column indicates no Notice is to be sent ~ i CITY OF MERI DIAN Delinquent Account List- council Page: 8 Standard Payment Customers Jul 06, 2004 03:53pm Current Pe riod: 07/20/2004 No Del inquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 05/20/2004 04/20/2004 03/20/2004 Date Amount 9.09.0284.2 THOMSEN, DAVY 111.90 60.14 51.76 - - 06/01/2004 41.96 - 15.21.2736.2 THURBER, RICK 244.38 171.00 73.38 - - 06/03/2004 44.96 - 15.22.0990.3 TOWNSEND, BRYANT & TANISf 92.22 40.22 51.00 1.00 - 05/28/2004 62.94 - 7.40.0054.2 TRACY, DANIEL & KAREN 222.24 106.24 116.00 - - 06/02/2004 115.00 - 15.21.1174.1 TWADDLE, DAVID 117.06 60.98 56.08 - - 05/04/2004 100.56 - 16.32.1278.1 U.S. DEPT. HOUSING 34.26 17.60 16.66 - - 03/22/2004 78.94 - 8.08.1012.2 ULIBARRI, VINCENT & KARLENE 60.27 54.26 6.01 - - 06/23/2004 40.85 - 15.22.0918.2 ULLRICH, JENNIFER 55.68 47.84 7.84 - - 06/28/2004 40.00 - 13.13.2052.2 VALENZUELA, RICK &JULIE 46.34 46.32 .02 - - 08/15/2004 43.80 - 17.34.1946.4 VANCE, CHRISTY 140.56 97.62 42.94 - - 06/28/2004 100.00 - 14.19.7968.2 VARIN, GEORGE 30.71 30.68 .03 - - 06/03/2004 32.61 - 15.15.3026.2 VARNER, GERALD &SHAWNA 74.12 37.06 37.06 - - - 15.21.1032.1 VELADA, FEDERICO 85.42 74.80 10.62 - - 06/11/2004 42.84 - 17.34.1520.1 VICTORY, CHRISTOPHER 109.80 46.86 62.94 - - 05/28/2004 44.90 - 16.31.3556.2 VOGT, STELLA 123.96 62.62 61.34 - - 05/25/2004 58.00 - 16.31.0862.2 WALKER, BRYCE 94.22 47.42 46.80 - - 06/01/2004 50.00 - 14.20.1398.1 WALKER, JUSTIN 136.22 65.66 70.56 - - 06/08/2004 70.56 - 17.33.3682.1 WALLACE, CRYSTAL 99.94 49.48 50.46 - - 06/01/2004 50.46 - 16.31.3594.2 WARDLE, JOHN 57.82 57.48 .34 - - 06/23/2004 11.42 - 16.32.0444.1 WARNER, MICHAEL & CYNTHIA 80.28 65.16 15.12 - - 06/28/2004 75.00 - 14.20.1894.6 WATERS, JENNIFER 90.18 35.58 34.60 20.00 - 05/24/2004 31.66 - 10.20.0001.1 WATERSONG ESTATES 1,045.86 6.96 551.30 487.60 - - 16.31.3388.1 WATSON, COREY S 117.24 51.76 65.48 - - 05/04/2004 87.02 - 18.42.0462.4 WEBB, HENRY & CHERRIE 117.36 54.94 57.88 4.54 - 06/01/2004 50.00- . 15.21.2192.3 WEBER, THOMAS 91.48 61.48 30.00 - - 06/15/2004 121.24- . 15.22.1238.1 WEISS, DAVID M. 107.60 57.06 50.54 - - 06/01/2004 50.00 - 14.20.1724.2 WHALEN, JOHN JR 119.90 77.42 42.48 - - 06/24/2004 50.00 - 17.33.3588.1 WHITNEY, PAUL 72.28 36.14 36.14 - - 05/04/2004 71.30 - 17.34.2706.1 WIECHMANN, KURTIS & MIKYOI 47.40 46.70 .70 - - 06/10/2004 46.00 - 15.15.0522.2 WILCOX, WILLIAM & BRANDI 79.80 39.90 39.90 - - 05/11/2004 41.86 - 17.33.2346.2 WILLIAMS, DARREL 65.28 33.62 31.66 - - 05/26/2004 34.60 - 15.21.2184.2 WILSON, BRADLY 113.82 57.40 56.42 - - 06/07/2004 60.34 - 17.33.3632.1 WILSON, DENNIS 60.84 30.42 30.42 - - 06/01/2004 31.40 - 18.43.0200.3 WILSON, DENNIS & DEANNA 115.44 57.72 57.72 - - 06/01/2004 60.66 - 14.14.3006.2 WOOD, DOUGLAS & MELANIE 49.85 49.42 .43 - - 06/22/2004 43.00 - 17.34.1506.2 WOODWARD, ROBERT 90.00 52.22 37.78 - - 06/01/2004 50.00 - 15.21.1130.5 YASUDA, GARY &SHAWNA 76.00 73.32 2.68 - - 07/06/2004 90.00 - 16.32.1602.1 ZAHM, ROBERT 87.98 42.68 43.66 1.64 - 05/18/2004 43.00 - 15.22.1130.1 ZARAK, JENNIFER 111.38 80.26 31.12 - - 07/06/2004 80.26 - 17.34.0800.1 ZEAR, KENNETH 151.50 72.02 79.48 - - 05/18/2004 92.26 - 18.43.0070.2 ZERFAS, LINDA 31.82 29.86 1.96 - - 05/14!2004 5.72 - 15.22.1762.2 ZIMMER, HARVEY 24.26 23.16 1.10 - - 06/01/2004 25.00 - Grand Totals: 44,423.43 24,348.91 17,712.15 1,810.86 551.51 Report Criteria: Terminated customers not included Customer.Cust No () _ {<} 880000001 Customer.Bill Cycle = 2 *" in Msg column indicates no Notice is to be sent • • July 2, 2004 AZ 04-003 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Packard Estates, LLC ITEM NO. REQUEST .Ordinance -Request for annexation and zoning of 16.73 acres from RUT to R~ zones for proposed Jaydan Village Subdivision - 5325 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: O ~~ ADA COUNTY HIGHWAY DISTRICT: D 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 meets ahaA become properly of fhe City of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 07/15/04 09:57 AM DEPUTY Bonnie Oberbillig Mer d anEC ryREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~ AMOUNT .00 10408?431 CITY OF MERIDIAN ORDINANCE N0.04- AN ORDINANCE FINDING THAT, BEG LAND HOLDINGS, INC., AN IDAHO CORPORATION, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY '/ MILE WEST OF BLACK CAT ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS JAYDAN VILLAGE 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 (AZ-04-003 - 1 • • LEGAL DESCRIPTION JAYDAN VILLAGE SUBDIVISION A PARCEL OF LAND LOCATED 1N GOVERNMENT LOT 2 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, T.3N., R.1 W, B.M., THENCE N 89°18'23" W 1319.26 FEET ALONG THE NORTH LINE OF SAID SECTION 4, TO THE NORTHEAST CORNER OF THE GOVERNMENT LOT 2, THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THENCE S 00°41'58" W 1374.26 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 2; THENCE N 89°24'26" W 530.00 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 TO A POINT; THENCE N 00°41'58" E 1375.20 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 4; THENCE S 89°18'23" E 530.00 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 16.73 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: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 2 • SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the 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. PASS_E~D Y THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ J day of G~ 2004. APP OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (</ ~ day of 2004. MAYO MY de WEERD ATTEST: ``\`\`\`~~ ~ ~~ ~/p~ ~'',''~. ITY CLERK - ~~~~ - ~- a~' G Q, c ~ C~ First Reading: ~ 6 ~~ ~ ~J f9~ ~sT'S~ ~ Q`~,~`~~ Adopted after first reading by su~p~j~r th~~li~e as allowed pursuant to Idaho Code 50- 902 Yes: ~ No: Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 3 • • STATE OF IDAHO,) ss. County of Ada On this~day of o)w~ , 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 fir~ti•ai9tlt~'ten. g••.•~ZCE L. S ~'•. ~: .+ 4 (SEAL) ~ ~ ® ~..~ ~ ~ a r •. .' •~ OT Y PUBLIC FOR IDAHO E ING AT: /~1,~r;d;aK COMMISSION EXPIRES: e o7 Z:\Work\M\Meridian\Meridian 15360MUaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004WZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 4 0 avow lvo ~ov~a -- LL Z Z 1- Z Z ~ w d m 9Z'~b E L M~~85~ 6tio00S ®I a J O J_ Z ~ W U W zQ D ~ O co N ~!' N 0 OO Z 9Z'tiL£ ~ 3~~89~~ Y U H 7 -~ 0 0 ZN w ~ p u~, W ~a ~ o °- o pQo }~w ~ ~w~ U~ 0 i~ m z O Flo Z ~y Lll co • . 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-~, passed by the City Council of the City of Meridian, on the day of ___._ , 2004, is a true and correct copy of the original of said document which is in the care, c stody and control q~~~~~~}ty Clerk of the City of Meridian. ~,.~`''~,pF ME~;r`''~~.,, ,`~ ~y ~~,9 `~, `~ G~ GoRPCr~ T ~ ~%~ ~~ F~ ,~ ~~- 5~~~ - WILLIAM G. BERG, JR. ~ 9G o~' a STATE OF IDAHO ///F~~~~~ OQ~~~T~ ~ r~~',\`\ ) ~~;rrrriss :tistt~~~ SS. County of Ada, On this ~ ~` day of Jc~,ly , in the year po ,before me, ~Jak; ~~ L. Sw..-~~ , 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. •~ ~ ~N~•a~~~7f .1 ~pT~S,~ v _ ~. (SEAL) '~ ; `°•~ : ~ N ary P blic for Idaho ;~ '.• ~'UBLZG ~ omm' sion Expires: Dy/~y~o7 .~~9T~ U P 19 ~••'•• Z:\Work\M\Meridian\Meridian 15360MVaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-003 WHITE PETERSON ATTORNEYS AT LAW KEVQJ Dwlus JuI,tE KLEa~ FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. Guv HnLUM *: JaL s. IIGLw[cA JOHN R. KORMANIIC WatwnaA. MORROW WaLwM F. NICHOLS ** CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLQV RD., SUITE 200 NAMPA, IDAHO 83687-7901 "ILL (208) 466-9272 FAx (208) 466.4405 CHRISTOPHER S. NYE PHa~ A. PETERSON TonoA. RossMrw TERRENCE R. WHITE *** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA May 27, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-~ (BEG Land Holdings, Inc.) 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 BEG Land Holdings, Inc. pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Enclosure Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360MUaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04-004\Berg Sum Ord Ltr OS 27 04.doc • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.04-10~~ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by BEG Land Holdings, Inc., an Idaho Corporation, to be known as Jaydan Village Subdivision, consisting of 16.73 acres and commonly located on the south side of Ustick Road, approximately % mile west of Black Cat 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 JAYDAN VILLAGE SUBDIVISION A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 2 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 4, T.3N., R.1W, B.M., THENCE N 89°18'23" W 1319.26 FEET ALONG THE NORTH LINE OF SAID SECTION 4, TO THE NORTHEAST CORNER OF THE GOVERNMENT LOT 2, THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THENCE S 00°41'58" W 1374.26 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 2; THENCE N 89°24'26" W 530.00 FEET ALONG THE SOUTH LINE OF GOVERNMENT LOT 2 TO A POINT; THENCE N 00°41'58" E 1375.20 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 4; THENCE S 89°18'23" E 530.00 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 16.73 ACRES MORE OR LESS. A full text of this ordinance is available for inspection at City Hall, City of Me j ~a~,n, 3y East Idaho, Meridian, Idaho. This ordinance shall become effective on the /~ da of , 2004f~~lllllrrros City ofMeridian = ~~+ ~j, Mayor and City Council ~ o~ By: William G. Berg, Jr., City Clerk ~ yo ~'st is~ ~~ e^?,~ ''//!~~/~ ~~ 0.1 ~ r~$ ~~`~~ First Reading: ~ -~j °-Q ~- %,,r; ~~ d~ ~4~~~ Adopted after first reading by suspension of the Rfe~ as allowed pursuant to Idaho Code 50-902: YES_ ~ NO Second Reading: Third Reading:_ Z:\Work\M\Meridian\Meridian 15360MUaydan Village Subdivision AZ-04-003 PP-04-002 CUP-04- 004\SUMANNEXZONGORD.doc • • July 2, 2004 RZ 04-002 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Treasure Valley Development ITEM NO. REQUEST Ordinance -Request for a Rezone of 7.48 acres from L-O to R-15 zone for proposed Rock Creek Subdivision -east of North Linder Road and sotuth of West Pine Avenue 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 afMched Ordinance ~ Q~ I~~y OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shah become property of the City ~ Meri~an. • i ADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 07!15104 09:57 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST Of Meridian City 104E~8943~ AMOUNT .00 CITY OF MERIDIAN ORDINANCE N0.04- `~D~~ AN ORDINANCE FINDING THAT THE OWNER, FISCAL FUNDING COMPANY OF SAN FRANCISCO, CALIFORNIA, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PINE AVENUE, APPROXIMATELY 1,200 FEET EAST OF CINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 D, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) District to R-15 (Medium High Density Residential) District as defined under Meridian City Code § 11-7-2 E; and ROCK CREEK SUBDIVISION (R-IS) RZ-04-002 / RE-ZONE ORDINANCE PAGE 1 OF 4 • • LEGAL DESCRIPTION FOR ROCK CREEK SUBDIVISION RE-ZONE A parcel of land located in the Northeast % of the Southwest '/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the on the Southerlyright-of--way of West Pine Avenue, from which the West % corner of said section 12 bears North 88°16'59" West a distance of 1,438.62 feet; thence along said right-of--way South 89°28'41" East a distance of 126.50 feet; thence leaving said right-of--way South 00°33'53" West a distance of 128.50 feet; thence South 89°28'41" East a distance of 193.47 feet; thence South 00°33'53" West to the centerline of the Rutledge Lateral a distance of 835.83 feet; thence along said Lateral North 88°30' 17" West a distance of 358.00 feet; thence leaving said lateral North 00°33'53" East a distance of 473.56 feet; thence South 85°24'35" East a distance of 38.08 feet; thence North 00°33'53" East a distance of 487.39 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 300,772.58 square feet (6.90 acres). BASIS OF BEARINGS: The North line of the Northeast '/ of the Southwest % of Section 12, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89°28'41" East. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and The real property which is the subject of this ordinance is legally described in Section 1.1. on page 1 and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and ROCK CREEK SUBDIVISION (R-15) RZ-04-002 / RE-ZONE ORDINANCE PAGE 2 OF 4 • . designed (R-15) Medium High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ ~ ~6`' day of Gc-ev , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~" day of ~~ G~~1 , 2004. :~ Mayor l Attest: City Clerk ROCK CREEK SUBDIVISION (R-15) RZ-04-002 / RE-ZONE ORDINANCE .~ - ~~.~ ''G ~o~ ` ;~ . 9Q ST 1ST ' .~°' -~ r; PAGE 3 OF 4 • First Reading: "/~ ~ - ~ ~- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: x No: Second Reading: Third Reading:_ STATE OF IDAHO, ) ss. County of Ada. ) On this ~ fk day of ~ u, ~ , 2004, before me, the undersigned, a Notary Public in and for sai 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 WI~~OF, I have hereunto set my hand and affixed my official seal the day and year first abr~d~~~itt'•~.,~ ~® ~1 •oudo:..cc•w. ~~ ,~VTf,l:~ ~: o~ (SEAL) ~'~` : ~•- • :, '•• j'UBL1G ,i ! ~~ N PUBLIC FOR IDAHO S GAT: l~~i~'ia(;uK Y OMMISSION EXPIIZES: d 007 Z:\Work\M\Meridian\Meridian 15360M\Rock Creek Sub R~04-002 PP-04-005 CUP-04-006\RZOrdinance.doc ROCK CREEK SUBDIVISION (R-IS) RZ-04-002 / RE-ZONE ORDINANCE PAGE 4 OF 4 • • --____-- .oo'aoc - n~uAC~ __ ___-- e ~ I ~ ' i i I I ~ ' ~ I ~ ' i I ~ I~ ~1 I I i i ' ~ i I ' ~ I ' ~ ~ I I ~ ' ~ ~ I I ~ ' i I ~ i ' _J , ~~ r~~~ ~~ ~~ ~~ __J ~a~£ ~«. • • 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. o~ ~/Og j ,passed by the City Council of the City of Meridian, on the ~_day of ~~ , 2004, is a true and correct copy of the original of said document which is in the care, c stody and control of the City Clerk of the City of Meridian. ~~~~«""""'j~~~,, ;~~~ ~ ~G~~o~TF ~ ~~; ,~ O ~ ~~ ILLIAM G. BERG, JR. .~ oM ~ ~ ~~ r ~ STATE OF IDAHO, ) ''~R'°°J~ ~~~Y ~ ~~~``~~\` County of Ada, ) On this ~~ day of _ ~ ~ ~ ~~ , in the year 2004, before me, ~ ~ -~. S..'-~~- , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,'''~e`euuree~~.. • ,'~ q ~ O ~ ~~l ~ N . . ~ . , s ~, f l ! ~, ei ~ ~ ~ ~ ~~pTA.1,~ eY • • (SEAL) : * i ~.~ ~'• AUB L1G~ Not Pu is for Idaho Co i ion Expires: 0 y~~.o%~ Z:\Work\M\Meridian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\CertificarionOfClerkRZArd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-04-002 PAGE I OF 1 • • WHITE PETERSON ATTORNEYS AT LAW KEVIN E. DlNlus JULIE KLEM FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, IH T. GUY HALLAM ** JILL S. HOLINKA JOHN R. KORMANIK.* WILLIAM A. MORROW WILLIAM F. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208)466-9272 FAx(208)466-4405 June 10, 2004 Re: Ordinance No. 04- ~c~~ , (Fiscal Funding Company of San Francisco, California) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for rezoning ordinance for Fiscal Funding Company of San Francisco, California, 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. Nic ols Enclosure CHRISTOPHER S. NYE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE * * * * Also admitted in CF ** Also admitted in OF *** Also admitted in W, Z:\Work\M\Meridian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\Berg Sum Ltr 06 10 04.doc • • NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.04-~~ PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Fiscal Funding Company of San Francisco, California, that is known as Rock Creek Subdivision consisting of 7.48 acres located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range 1 West, Meridian, Idaho, with a zoning designation of R-15 Medium High Density Residential District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Leal Description LEGAL DESCRIPTION FOR ROCK CREEK SUBDIVISION RE-ZONE A parcel of land located in the Northeast '/ of the Southwest '/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the on the Southerly right-of--way of West Pine Avenue, from which the West'/ corner of said section 12 bears North 88°16'59" West a distance of 1,43 8.62 feet; thence along said right-of--way South 89°28'41" East a distance of 126.50 feet; thence leaving said right-of--way South 00°33'53" West a distance of 128.50 feet; thence South 89°28'41" East a distance of 193.47 feet; thence South 00°33'53" West to the centerline of the Rutledge Lateral a distance of 835.83 feet; thence along said Lateral North 88°30' 17" West a distance of 358.00 feet; thence leaving said lateral North 00°33'53" East a distance of 473.56 feet; thence South 85°24'35" East a distance of 38.08 feet; thence North 00°33'53" East a distance of 487.39 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 300,772.58 square feet (6.90 acres). BASIS OF BEARINGS: The North line of the Northeast '/ of the Southwest '/ of Section 12, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89°28'41" East. • . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Meridian, Idaho. This ordinance shall become effective on the day of ~ ~ ?~,4,4~,,,,~~,1,,. . ®F ~`'' p City of Meridian G'~~~~T~p ~r'~ °d~ ~' Mayor and City Council ~ ' By: William G. Berg, Jr., City Clem ~~. First Reading. ~~-~ ~-© ~- = ~' `~ Adopted after first reading by suspei~,~9 ~ ~le~$ ~~ed pursuant to Idaho Code 50-902: YES NO Second Reading: -' ~`~`''~.,,~r~~~~~t~`~~` Third Reading: --- Z:\Work\M\Meridian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\Summary Ord.doc ~ ~ July 2, 2004 AZ 04-006 MERIDIAN CITY COUNCIL MEETING JUIy 6, 2004 APPLICANT Pinnacle Engineers, InC. ITEM NO. REQUEST Ordinance -Request for Annexation and Zoning of 3.06 acres from RUT to L-O zones for proposed Southstone Subdivision -northeast comer of South Eagle Road and East Girdner Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POt1CE DEPT: CITY FIRE DEPT: CITY BU1LDiNG DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: Vv MERtfl1AN SCHOOL DISTRICT: I O~ IC/ ADA COUNTY HIGHWAY DISTRICT: ~ ~ l SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRiGAT10N: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meeting shop become property of the City of Meridian. • • ADA COUNTY RECORDER J, DAVID NAVARRO 5 BOISE IDAHO 07/15/04 09:57 AM DEPUTY Bonnie Oberbillig Mer d anEC REQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ AMOUNT .00 1 E140E#~433 CITY OF MERIDIAN ORDINANCE N0.04- ~~~ AN ORDINANCE FINDING THAT, WILLIAM J. LEWIS III AND SHARI S. LEWIS AND EVANS CONSTRUCTION MANAGEMENT CO., INC., THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE NORTHEAST INTERSECTION OF EAGLE ROAD AND GIRDNER LANE, APPROXIMATELY %Z MILE NORTH OF THE NORTHEAST INTERSECTION OF EAGLE ROAD AND VICTORY ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS SOUTHSTONE 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 LIMITED OFFICE DISTRICT (L-O); 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 (AZ-04-006) - I s LEGAL DESCRIPTION A parcel of land for the purpose of annexation located in the NW '/ of the SW '/ of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a 5/8 inch rebar marking the NW corner of said NW '/ of the SW '/, thence along the West line of said NW '/ of the SW '/ S 00° 12'03" E a distance of 786.28 feet to a 5/8 inch rebar being the POINT OF BEGINNING; Thence leaving said West line S 89°19'43" E a distance of 524.95 feet to a 5/8 inch rebar; Thence parallel with said West line S 00°12'03" E a distance of 253.95 feet to a 5/8 inch rebar; Thence parallel with the North line of said parcel N 89°19'43" W a distance of 524.95 feet to a 5/8 inch rebar on said West line and from which a brass cap monument marking the SW corner of said SW % bears S 00°12'03" E a distance of 1659.94 feet; Thence along said West line N 00°12'03" W a distance of 253.95 feet to the POINT OF BEGINNING. Said parcel contains 3.06 acres more or less and is subject to all existing easements and rights-of--ways of record or implied. 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 Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-04-006) - 2 • . SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~- , 2004. -1~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ J day of Gie , 2004. MAYOR++ ~Y de WEERD ATTEST: ``~~~~`G°~~ po E~~~'~/,~~~''- ~ ~ ~ ; ~~G4 q TAO CITY CLERK ~ ~G o~ - First Readin -D ~' ~' g~~~ - ~' Adopted after first reading by 902 Yes:~_ Second Reading: •-- Third Reading: `~ 1 ~~ n o2 th2 as allowed pursuant to Idaho Code 50- ANNEXATION AND ZONING ORDINANCE (AZ-04-006) - 3 • • STATE OF IDAHO,) County of Ada ss. On this~day of ,ply , 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 writt ~~-ugps n 1's B -~~ ° i (SEAL) ~ ~ "'°~ ~ ~ e T Y PUBLIC FOR IDAHO cn ~ AFB LIC °° ~: S ING AT: ; i u,r. `•,~~q?"®.,~r~~a°~°: O •.•• COMMISSION EXPIRES: oy 20 7 •`~.i~, O~ III p' ~~~~~•• rt~iYii~l~~~~' Z:\Work\M\Meridian\Meridian 15360M\Southstone Sub AZ-04-006 PP-04-0OS\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-04-006) - 4 ~~~ ~oiI '~:.ca`a ~a~aci~' E C' ~'I~i~NI~IId r~oi niaens 3NOisHinos ~~ sa~~~~~1~~~ • 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- f~ B ~ ,passed by the City Council of the City of Meridian, on the b t~ day of ~~ , 2004, is a true and correct copy of the original of said document which is in the care, cu• tody and control of the City Clerk of the City of Meridian. ~~~~~~~"""~ "'f~~,,, ~~~ 'til /,9 ~°~ WILLIAM G. BERG, JR. _~ ~'M A .. STATE OF IDAHO, ) ~~''~.,,'Wd~d~Y ~~.~`~~~ °~~jrrrr~; sd;lc~~,~._ SS. County of Ada, ) On this ___l~ day of ~ ~y , in the year, ODc/ ,before me, . ate; « 1_. fin,.;Jrl,~ , 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. ,,4..•••"E° L ®°'•••• s ~ 1C sr~f~~~. i~ ~~ ~OTAR},. m * ' ' ~ (SEAL) ~. '°U B L1G~ ~~ No Pu is for Idaho •~'•.~~-9'`~`°•°•••••'~ ~~.•`° C mmis on Expires: Dy~Z.o%7 •r~ro:~..Q~'-~r Z:\Work\M\Meridian\Meridian 15360M\Southstone Sub AZ-04-006 PP-04-008\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-006 • . WHITE PETERSON ATTORNEYS AT LAW KEVM DIIJIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, ID T. GUY HALLAM ** JILL S. HOLMKA JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN IZD., SUITE 20O NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAx (208) 466405 CHRISTOPHER S. NYE PHILIP A. PETERSON Tooo A. ROSSMAN TERRENCE R. WHITE*** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA June 9, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04- ~~~ ~ , (William J. Lewis III and Shari S. Lewis and Evans Construction Management Co., Inc.) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for William J. Lewis III and Shari S. Lewis and Evans Construction Management Co., Inc., pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours Wm. F. lchols Enclosure Z:\Work\M\Meridian\Meridia~i 15360M~Southstone Sub AZ-04-006 PP-04-008\Berg Sum Ord Lxr 06 09 04.doc • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- D g~ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by William J. Lewis III and Shari S. Lewis and Evans Construction Management Co., Inc., to be known as Southstone Subdivision, consisting of 3.06 acres and commonly located at the northeast intersection of Eagle Road and Girdner Lane, approximately'h mile north of the northeast intersection of Eagle Road and Victory Road, Meridian, Idaho, more particularly described as follows: Leal Description A parcel of land for the purpose of annexation located in the NW '/ of the SW '/ of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a 5/8 inch rebar marking the NW corner of said NW % of the SW '/, thence along the West line of said NW '/ of the SW '/o S 00°12'03" E a distance of 786.28 feet to a 5/8 inch rebar being the POINT OF BEGINNING; Thence leaving said West line S 89°19'43" E a distance of 524.95 feet to a 5/8 inch rebar; Thence parallel with said West line S 00°12'03" E a distance of 253.95 feet to a 5/8 inch rebar•, Thence parallel with the North line of said parcel N 89° 19'43" W a distance of 524.95 feet to a 5/8 inch rebar on said West line and from which a brass cap monument marking the SW corner of said SW '/ bears S 00°12'03" E a distance of 1659.94 feet; Thence along said West line N 00°12'03" W a distance of 253.95 feet to the POINT OF BEGINNING. Said parcel contains 3.06 acres more or less and is subject to all existing easements and rights-of--ways of record or implied. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the --~ day of ~ G~~1 ,`2004. urr~~~~~ i, ~~~~„ ~ ~. o~ City ofMeridian - ~.m - Mayor and City Council ~ ~~ ~°' By: William G. Berg, Jr., City Clerk %.,~T~ ~Sr Tg~ ,'` ,~0 ~.~y :a;. First Reading: ~- `, ~ ® ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: Third Reading:_ Z:\Work\M\Meridian\Meridian 15360M\Southstone Sub AZ-04-006 PP-04-008\SUMANNEXZONGORD.doc • • July 2, 2004 AZ 03-027 MERIDIAN CITY COUNCIL MEETING July 6, 2004 APPLICANT Farwest, LLC ITEM NO. REQUEST Ordinance -Request for Annexation and Zoning of 144.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision -north side of East McMillan Road and east of North Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Ordinance a~r`,~ 101 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented al public meetir~s shall become properly of the City of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO 6 BOISE IDAHO 07115104 09:57 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIII'II' IIII RECORDED-REQUEST OF Meridian City 10408434 AMOUNT .00 CITY OF MERIDIAN ORDINANCE N0.04- AN ORDINANCE FINDING THAT, ROBERT AND MARLENE RHEAD, AND GEORGE AND BETTY BOYACK, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED WITHIN SECTION 30, R4N, R1E, THE SQUARE MILE BORDERED BY CHINDEN BLVD, MERIDIAN, LOCUST GROVE AND McMILLAN ROADS, MERIDIAN, IDAHO, TO BE KNOWN AS SAGUARO CANYON ESTATES 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: LEGAL DESCRIPTION A parcel of land located in Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-027) - 1 • • Commencing at the south'/ corner of Section 30, T.4N., R.IE., B.M., the real point of beginning of this description; Thence N 89°45'44" W 658.14 feet to the SW corner of the East'h of the East %i of the SW 1/ of said Section 30; Thence N 00°29'56" E 2644.36 feet to the NW corner of the East %2 of the East 'h of the SW '/ of said Section 30; Thence N 89°54'41" W 461.96 feet along the south line of the SE '/ of the NW '/ of said Section 30 to a point; Thence S 00°OS' 19" W 24.00 feet to a point; Thence N 89°54'41" W 197.08 feet to a point; Thence N 89°53'36" W 1098.64 feet to a point on the west line of said Section 30; Thence N 00°23'33" E 24.00 feet along said west line to the southwest corner of the NW '/ (West'/ corner) of said Section 30; Thence S 89°53'36" E 1098.69 feet to the SW corner of the SE '/ of the NW '/ of said Section 30; Thence N 00°29'44" E 1330.18 feet to the NW corner of the SE '/ of the NW '/ of said Section 30; Thence S 89°52'26" E 1318.19 feet to the NE corner of the SE'/ of the NW '/ of said Section 30; Thence S 89°52'38" E 657.92 feet to the NE corner of the West'h of the SW '/ of the NE '/ of said Section 30; Thence S 00°32'25" W 1329.07 feet to the NE corner of the West'/Z of the West %2 of the SE '/ of said Section 30; Thence S 00°29'42" W 2647.60 feet the SE corner of the West'/~ of the West lh of the SE '/ of said Section 30; ANNEXATION AND ZONING ORDINANCE (AZ-03-027) - 2 • Thence N 89°46'01" W 658.26 feet along the south line of said Section 30 to the REAL POINT OF BEGINNING of this description; This parcel contains 140.97 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. 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 ~S~ day of ~u'"~-~ , 2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map ANNEXATION AND ZONING ORDINANCE (AZ-03-027) - 3 • prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of 2004. f~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ J day of ~Gt,~Ery , 2004. MAYOR MY de WEERD `````tttttt ~ lrN~l~~/f/r ATTEST: `,``~.~G`,~~1 ~ o~ O~~~L~~~'~,~ ~G c~4 1 ~G ~~ CITY CLERK = 9 cis ~~ O First Reading: 7~"' ., ,~, ~O~ ~.~ Adopted after first reading by su p~,~;~ :3io ,fi~`~~ule as allowed pursuant to Idaho Code 50- 902 Yes: ~ No: Second Reading: ~-- Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-03-027) - 4 • • STATE OF IDAHO,) County of Ada ss. On this ~~~` day of J ply , 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 abov; wr~i~~}~~~~~.., ••.• ti L. S~J ~'•. m Q' .• w,. ~ hti~/~//~.r 4 'tee ~pTf_F:; r a (SEAL) ~'~ o ~ a OT Y PUBLIC FOR IDAHO " ~ ~ RE ING AT: Crfl~~ak o ~'UBt'~ a •~ ' `' e Q '• ~ ` COMMISSION EXPIRES: 0 ~ 07 ~~~lY/Yti~*°b' Z:\Work\M\Meridian\Meridian 153601vASaguazo Canyon Estates Sub AZ_03-027 PP-03-032 CUP-03-058\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-03-027) - 5 • ,LO'6Z£ 6 M„SZ~~ N a N ~ CV ~ ~ ° ~ M ~ ~ tt ~ ~ Z ,86'0££6 • z N O 0 J 0 8 5 ,Og' Lb9Z ,9£'bb9Z 3„95, o N Z C W W N ~_ ~ ~ ~ W O z U i- w ~ a w ~ M ~ o °- ~~Z W ~ Z (n cn W ~ Vo DC O o ~° N CO ~ ~ ~ Z li Z OZ f- Z Ow ~ ~ a m m c° 0 m z r a `a • 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- Q~, passed by the City Council of the City of Meridian, on the ~~ day of ~ , 2004, is a true and correct copy of the original of said document which is in the care, custody and control ~c~fthe ~iby,,<< Clerk of the City of Meridian. ,.~``~y ~ ~'` ~'`''~~,, ~, To WILLIAM G. BERG, JR ',,~' ~ ~~T ~5~ ~~' ~~```~' O ^~~, STATE OF IDAHO, ) l p`"r' `"° ~ ` "'' ss. County of Ada, On this ~fH day of J~~y , in the year .2po ~ ,before me, ~.~~ ~ 5',,,,;~ , 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. e~'e euuaq~ ~o•` 1cE L. s~''-~••. f•O~~St •.N•oa,•e ~f 4,+ ~'" • (SEAL) ; * S ~'~ : * E N ••A~jBLZC '~ .` '•. 9~ ••••N•••. ~p •.. ;for Idaho Expires:~?p 07 Z:\Work\M\Meridian\Meridian 153601V1\Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-027 • • KEVIN Dwtus JULIE KLEIN Fl$CHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, In T. Gtn HALLAM ** IILL S. HOLMKA JOHN R. KORMANIK * WILLIAM A. MORROW WILLIAM F. NICHOLS ** WHITE PETERSON ATTORNEYS AT LAW CANYON PARK AT THE IDAHO CENTER CHRISTOPHER S. NvE 5700 E. FRANKLIN RD., SUITE 200 PHILIP A. PETERSON NAMPA, IDAHO 83687-7901 Tooo A. ROSSMAN TERRENCE R. WHITE *** TEL (208) 466A272 FAX (208) 466405 Also admitted in CA ** Also admitted in OR *** Also admitted in WA Apri127, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-~, (Robert and Marlene Rhead and George and Betty Boyack) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Robert and Marlene Rhead and George and Betty Boyack, 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~Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\Berg Sum Ord Ltr 04 27 04.doc • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.04- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Robert and Marlene Rhead and George and Betty Boyack, to be known as Saguaro Canyon Estates Subdivision, consisting of 140.97 acres and commonly located within Section 30, R4N, R1E, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, more particularly described as follows: Leal Description A parcel of land located in Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the south '/a corner of Section 30, T.4N., R.1 E., B.M., the real point of beginning of this description; Thence N 89°45'44" W 658.14 feet to the SW corner of the East'/2 of the East'/z of the SW '/ of said Section 30; Thence N 00°29'56" E 2644.36 feet to the NW corner of the East'`/2 of the East `/2 of the SW '/ of said Section 30; Thence N 89°54'41" W 461.96 feet along the south line of the SE '/ of the NW '/ of said Section 30 to a point; Thence S 00°OS' 19" W 24.00 feet to a point; Thence N 89°54'41" W 197.08 feet to a point; Thence N 89°53'36" W 1098.64 feet to a point on the west line of said Section 30; Thence N 00°23'33" E 24.00 feet along said west line to the southwest corner of the NW '/ (West '/ corner) of said Section 30; Thence S 89°53'36" E 1098.69 feet to the SW corner of the SE '/ of the NW '/ of said Section 30; Thence N 00°29'44" E 1330.18 feet to the NW corner of the SE '/ of the NW '/o of said Section 30; Thence S 89°52'26" E 1318.19 feet to the NE corner of the SE '/ of the NW '/ of said Section 30; Thence S 89°52'38" E 657.92 feet to the NE corner of the West '/z of the SW '/ of the NE of said Section 30; Thence S 00°32'25" W 1329.07 feet to the NE corner of the West''/2 of the West'/z of the SE % of said Section 30; Thence S 00°29'42" W 2647.60 feet the SE corner of the West '/z of the West 'h of the SE'/ of said Section 30; Thence N 89°46'01" W 658.26 feet along the south line of said Section 30 to the REAL POINT OF BEGINNING of this description; This parcel contains 140.97 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~~ day of ~~ / ~Od ~~e1~~~,,,,, ~ ~® ~,J~® ~ ~ _~ iQi~^''~^" ~" f City of Meridian ~ ~ Mayor and City Council ~ ~b ~~ A ~1 ~. '! GST S~ . ,~. ,~. By: William G. Berg, Jr., City Clerk '%R ~y ~ ~~ ~~~ First Reading: '7-~ ~~- ~''~.~,~~~UP~ ~ ,,~~•~~'~ Adopted after first reading by suspension of ~fB[~rR~T~``a`s allowed pursuant to Idaho Code 50-902: YES NO Second Reading: °- Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Saguam Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03- 058\SUMANNEXZONGORD.doc __, _ _ ,_. :. .: iAGUARO CANYOl~t svs .~'- ,, . October 1, 2003 '~`"'~T~~-==--i3 ~ _._, ~. A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 30. T.4N., R.lE., B.M., THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89°45'44" W 658.14 FEET TO THE SW CORNER OF THE EAST 1/2 OF THE EAST 1/2 OF THE SW 1/a OF SECTION 30; THENCE N 00°29'56" E 2644.36 FEET TO THE NW CORNER OF THE EAST 1/2 OF THE EAST 1/2 OF THE SW 1/a OF SECTION 30; THENCE N 89°54'41" W 658.87 FEET TO THE SW CORNER OF THE SE 1/a OF THE NW 1/a OF SECTION 30; THENCE N 00°29'44" E 1330.18 FEET TO THE NW CORNER OF THE SE 1/a OF THE NW 1/a OF SECTION 30; THENCE S 89°52'26" E 1318.19 FEET TO THE NE CORNER OF THE SE'/a OF THE NW i/a OF SECTION 30; THENCE S 89°52'38" E 657.92 FEET TO THE NE CORNER OF THE WEST 1/Z OF THE SW 1/a OF THE NE 1/4; THENCE S 00°32'25" W 1329.07 FEET TO THE NE CORNER OF THE WEST 1/2 OF THE WEST 1/2 OF THE SE 1/a OF SECTION 30; THENCE S 00°29'42" W 2647.60 FEET THE SE CORNER OF THE WEST 1/2 OF THE WEST 1/2 OF THE SE'/a OF SECTION 30; THENCE N 89°46'01" W 658.26 FEET ALONG THE SOUTH LINE OF SAID SECTION TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 140.25 ACRES, MORE OR LESS. .. MICHAEL E. MARKS, P.L.S. N0.4998 3 ~ ,. ` ~ ~ ~~~ ~ b9 ~~~~. E.~~ ~~T ~ ~ ~~~ 30112des.doc CSM 10/01/03 ~11t~18.'D P1~iC Woz~ks Dept • . ** TX CONFIRMATION REPORT ** AS OF JUL 02 '04 18 04 PAGE.01 CITY OF MERIDIAN 03 04 05 06 0? 08 09 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 DATE TIME TO/FROM MODE MIN/SEC PGS CMDt# STATUS 0?/02 17 02 3810160 EC--S 03'12" 006 133 OK 07/02 1706 PUBLIC WORKS EC--S 01'50" 006 133 OK 07/02 1?~09 8841159 EC--S 01'49" 006 133 OK 07/02 1?~11 2088840744 EC--S 01'49" 006 133 OK 07/02 17 13 POLICE DEPT EC--S 01'49" 006 133 OK 0?/02 17 16 8985501 EC--S 01'48" 006 133 OK 07/02 17 18 LIBRARY EC--S 02'25" 006 133 OK 07/02 1?~21 92083776449 EC--S 01'48" 006 133 OK 07/02 1723 208 388 6924 EC--S 02'24" 006 133 OK 07/02 17=26 2088886854 EC--S 01'48" 006 133 OK 07/02 1?~29 ALL AMERICAN INS EC--S 01'48" 006 133 OK 0?/02 1?~31 8950390 EC--S 01'47" 006 133 OK 0?/02 17=33 128300040 G3--S 02'23" 006 133 OK 0?/02 17 36 208 38? 6393 EC--S 01'48" 006 133 OK 0?/02 1?~38 ADA CTY DEVELMT EC--S 01'49" 006 133 OK 07/02 17=41 8885052 EC--S 01'48" 006 133 OK 07/02 17 43 CHERRY LANE G3--S 03'48" 006 133 OK 0?/02 17 48 IDAHO ATHLETIC C EC--S 01'52" 006 133 OK 0?/02 17 50 887 0816 G3--S 03'48" 006 133 OK 0?/02 1?~SS ID PRESS TRIBUNE EC--S 01'52" 006 133 OK 07/02 1757 2088886701 EC--S 01'51" 006 133 OK 07/02 18 02 12084664405 EC--S 01'53" 006 133 OK N(~a~e, i~os1'~~r P~bl~~c, Na~ice, jha~ks i CITY OF MERIDIAN CITY CQUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Joe Anderson, vuith Cole Community Church: 4. Adoption of the Agenda: ~(~a~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: Community Invocation by Joe Anderson, with Cole Community Church: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of June 1, 2004 Pre-Council Meeting: B. Approve Minutes of June 8, 2004 Pre-Council Meeting: C. Approve Minutes of June 15, 2004 Pre-Council Meeting: D. Approve Minutes of June 15, 2004 City Council Regular Meeting: E. Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Magic View Court by Larry Hellhake - 2855 Magic View Drive: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: G. Findings of Fact and Conclusions of Law for Approval: PP 04- 009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Meridian City Council Agenda -July 6, 2004 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CON~1T[ON REPORT ** RS OF JUL 07 '04 0~ PRGE.01 CITY OF MERiDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMD# STRTUS 01 07/07 08 17 PUBLIC WORKS EC--S 02'00" 006 149 OK 02 07/07 08 20 12084664405 EC--S 02'02" 006 149 OK 03 07/0? 08 22 8841159 EC--S 02'00" 006 149 OK 04 07/07 08 25 2088840744 EC--S 01'59" 006 149 OK 05 07/07 08 27 POLICE DEPT EC--S 01'59" 006 149 OK 06 07/07 08 30 8985501 EC--S 01'58" 006 149 OK 07 07/07 0B=32 LIHRRRY EC--S 02'37" 006 149 OK 08 07/07 06 35 IDRHO STRTESMRN EC--S 01'59" 006 149 OK 09 07/07 08 38 2088886854 EC--S 01'58" 006 149 OK 10 07/07 08 41 8950390 EC--S 01'59" 006 149 OK 11 07/07 08 43 208 387 6393 EC--S 02'10" 006 149 OK 12 07/0? 08 47 CHERRY LRNE G3--S 04'00" 006 149 OK 13 07/07 08 51 IDRHO ATHLETIC C EC--S 02'00" 006 149 OK 14 07/07 06 54 ID PRESS TRIBUNE EC--S 02'00" 006 149 OK 15 07/07 08 57 2088886701 EC--S 02'00" 006 149 OK 17 07/07 09 03 208 388 6924 EC--S 02'36" 006 149 OK 18 07/07 09 07 8885052 EC--S 01'58" 006 149 OK 19 07/07 09 13 ADR CTY DEVELMT EC--S 02'00" 006 149 OK 20 07/07 09 19 3810160 EC--S 03'26" 006 149 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 6, 2004 at 7:00 p.m City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree ~ Keith Bird _~ Mayor Tammy de Weerd 2. Pledge of Allegiance: d~% C~ial~.-r~- 3. Community Invocation by Joe Andertton, whit Cole Community Church: ~,-es.~,..{e.o~- 4. Adoption of the Agenda: ~t/~v,c a.J !a. r...~..cGe oC. 5. Consent Agenda: a~t~r,-rvK. A. Approve Minutes Of June 1, 2004 Pre-Council Meeting: ~~^°~ B. Approve Minutes of June 8, 2004 Pre-Council Meeting: ~~~'~- C. Approve Minutes of June 15, 2004 Pre-Council Meeting: o~- D. Approve Minutes of June 15, 2004 City Counal Regular Meeting: E Continued from June 22, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 04-OOti Request for Annexation and Zoning of 5.22 acxes from RUT to C-G zone for Magic Yew Court by Larry Hellhake - 2855 Magic Yew Drive:.yJ~.~ F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 006 Request for a Rezone of 18.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Ina - east of South Eagle Road and north of East Yctory Road: al°r'~D1~ G. Findings of Fact and Conclusions of Law for Approval: PP 04 009 Request for Preliminary Plat approval of 79 single-family residential building lots 8~ 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No_ 4 by Sutherland Me~idiaa CSay CaocB Aecods -July 42004 Pspe 1 of6 all materials promied ~ puck ow;sliog4 ehdl heooma poporry of the cay otMaridian. AOypM dtsitie8 accomoodetion fordiaabititie~ nelwd b documeras anNa hmtiog pleas oo~taa the Gry Clak's Office al 8864433 at Imt 48 hour pia fe tlrc puhlis mcseiog. 1 _ 1y .T ~. =1 ~ 204 ,~ ~~~,~~: ~.~i~~ _~ WHITE PETERSON K>Sv1N E. Dua[us Jtn.>E Kt.&tN F[scl~R Ctnusror[[ntD. GABSIItT Wai F. GIORAY, III T. Gtnr HAt[.Ant ss JI[.L S. HOLINKA JoNx R Koxw[ANac • Wn.LUM A. Mo[txow Wu.[aAa1 F. N1CHO[.s *s ATTORNEYS AT LAW WHITE PETERSON, P.A. CANYON PARK AT THB IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CFHtI3'foPF~lt S. N1Ti PIm.>P A. Pe'retsoN ToDn A. ROSS[dnN TOtRIiNC6 R. WIi['['gtq s Also admitted in CA ss Also admitted in OR sss Also admitted tin WA July 6, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: LIBERTY DEVELOPMENT / ROSELEAF SUBDIVISION NO. 1 /FINAL PLAT - (FP-04-032) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yowself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. very truly vows, Wm. F. Nichols Z:iWorkV-Z~Meiidian~Meridian 15360MtRoseleaf Subdivision No. 1 FP-04-032~CIerkFPUr 06 29 04.doc • BEFORE THE MERIDIAN CITY COUNCIL C/C 06/15/04 IN THE MATTER OF THE ) APPLICATION OF LIBERTY ) DEVELOPMENT FOR APPROVAL ) OF 54 SINGLE-FAMII.Y ) RESIDENTIAL BUILDING LOTS ) AND 7 COMMON LOTS ON 14.12 ) ACRES IN AN R 8 ZONE FOR ) ROSELEAF SUBDIVISION NO. 1, ) LOCATED AT 3615 S. LOCUST ) GROVE ROAD IN THE NE'/4 OF ) SECTION 30, T.3N., R1E., ) MERIDIAN, IDAHO ) CASE NO. FP-04-032 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 June 15, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, for the Planning and Zoning Department, and John Boyd, Engineering Technician III, dated: Hearing Date: June 15, 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 ROSELEAF SUBDIVISION NO. 1, LOCATED IN THE S'h OF THE NE'/4 OF SECTION 30, T.3N., R.IE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 3, STAMPED: RECEIVED JUN 15 2004 CITY OF MERIDIAN CITY CLERK OFFICE, BAILEY ENGINEERING, INC. - CIVII, ENGINEERING/PLANNING/CARD", Liberty Development, Developer, is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDIVISION NO. 1 / (FP-04-032) Page 1 of 3 • • Conditionally Approved subject to those conditions of Staffcomments as set forth in the Memorandum to the Mayor and City Council from John Boyd, Engineering Technician III, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: June 15, 2004, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature ofthe 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 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 maybe adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SLBDMSION NO. 1 / (FP-04-032) Page 2 of 3 • • 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 `111.1'1 C~ 2004. By:~ \+~+~+,~,----r---,,,~~ ~~ammy Ii~W,Eerd \\~~.~`~~ 4F -~~R~d~~'%jVtayor, ,,~.~y~ of Meridian Attest: ,~~ U~ ~Gp~aR.q rF ~' ''% 1 ~...:, i S~~L 9 0`'' William G. Berg, Jr., C Clerk G~ •,g n ;' Copy served upon Applicant, the Plai~~`~partment, Public Works Department, and City Attorney. '''_~: ,,. ,.:,~++. J+, By: '(1~~i ~A-~m~ Dated: ~' ~~ ~'~' _ City Clerk's Office Z:\Work\M\Meridisn\Meridian 15360M\Roseleaf Subdivisiar No. 1 FP-04-032\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROSELEAF SUBDMSION NO. 1 / (FP-04-032) Page 3 of 3 • • 1 c1TY HALL MAYOR (208) 888-4433 ~ Fax 887-4813 Tammy de Weerd CITY of PUBLIC WORKS CITY COUNCII.. MEMBERS "' -- ~y~ BUILDING DEPARTMENT ~~~~~~~ ~~ (208) 887-2211 ~ Fax 898-9551 Keith Bird William L.M. Nary IDAHO ~ LEGAL DEPARTMENT Shaun Wardle `~ ~, _ !~/ (208) 466-9272 ~ FAX 46G-4405 Charles M. Rountree \\'yc i ~ 1 RF:.tSUFtt~. v r~" R SINCE ~, leoa STAFF REPORT• Hearing Date: June 15, 2004 To: Mayor, City Council and Planning & Zoning Commission R From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. II x~ Re: Roseleaf Subdivision No. 1 • Request for Final Plat Approval of 54 Single-family Residential Building Lots and 7 Common Lots on 14.12 Acres in an R-8 Zone for Roseleaf Subdivision No. 1, by Liberty Development. (File No. FP-04-032) We have reviewed the above-referenced submittal 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 SI;fMMARY & LOCATION The applicant, Liberty Development, has requested final plat approval for the first of two phases of Roseleaf Subdivision. The subdivision is located at 3615 S. Locust Grove Road in the NE t/s of Section 30, T.3N., R.1E. Phase one consists of 54 single-family residential building lots and 7 common area lots on 14.12 acres in an R-8 zone. The gross density is approximately 4 dwelling units/acre. The net density is approximately 4.6 dwelling units/acre. Staff finds that the submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Roseleaf Subdivision No. 1 with the comments and conditions stated in this report. SPECIAL CONSIDERATION As approved by City Council on April 6, 2004, Site Specific Condition #1 of the Roseleaf Preliminary Plat requires a separate common lot between Lots 17 and 18, Block 3. The purpose Exhibit "A" 1 of 5 Mayor & City Council ~ • Hearing Date: June 15, 2004 Page 2 of 5 of this common lot would be to accommodate pedestrian and emergency personnel access to these four flag lots by connecting the common driveway to the south with the asphalt pathway in the linear open space lot north of the flag lots. As submitted, the final plat does not show a separate common lot in this area. However, staff does not believe a common lot is necessary. This was discussed at the P&Z Commission hearing and the Commission supported only providing a break in the fence to allow for pedestrian access rather than requiring a separate lot. This issue should be discussed during the Final Plat meeting. If the City Council agrees with the applicant and staff, no change to the final plat is necessary. However, if the City Council wants to require compliance with Condition #1, the final plat will need to be amended. SITE SPECIFIC REQUIREMENTS/FINAL PLAT Applicant shall meet all terms of the approved Annexation and Zoning {AZ-04-002) and Preliminary Plat (PP-04-001). 2. The pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. The development lies within the Nampa & Meridian 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 irrigable common areas prior to signature on the final plat by the Meridian City Engineer. Sanitary sewer service to this site shall be via mainline extension from the trunk line installed for the Tuscany Village development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Any applicable latecomer fees shall be paid prior to signature on the final plat by the Meridian City Engineer. 4. Municipal water service to this site shall be via main line extensions from existing mainlines installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 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. 6. Complete the Certificate of Owners and its accompanying Acknowledgement. Exhibit "A" 2 of 5 Mayor & City Council ~ • Hearing Date: June 15, 2004 Page 3 of 5 7. Please revise the Landscape Plan as follows: a. Revise notes regarding fencing around common areas to read, "Solid 4' high sedgy vinyl fence -„°+°~°' to be provided by developer 'per Findings of Fact and Conclusions of Law (FF/CL) Site Specific Condition No. B.3. (pg. 5) and I.2. (pg. 15). b. Revise notes regarding fencing along the frontages on Locust Grove Road to read, "6' vinyl fence" per FF/CL No. I.2. (pg. 15). c. Add note: "All solid fencing shall taper down to 3 feet maximum height within 20 feet of all right-of-way." d. Landscaping must be shown on the portions of Lots 16 and 19, Block 3 that are beyond the 24-foot wide driveway surface per Preliminary Plat FF/CL No. B.4. (pg. 6). e. Show contours on any and all stormwater swales. All storrnwater swales must be in compliance with MCC 12-13-14 Stormwater Integration. f. Indicate that the pathways shown will be paved. 8. Please add or revise the following plat notes: a. Note No. 2: Add the recorded instrument number for the A.C.H.D. Storm Drainage Easements on Lot 1, Block 3 and Lot 4, Block 5. b. Add Note: Fencing on the common lot lines of Lots 16 and 17, and Lots 18 and 19, Block 3, shall be restricted to six-foot open vision or four-foot solid per Preliminary Plat FF/CL No. 6 (pg. 6). 9. The Surveyor must sign and date over his stamp. 10. Revise the sectional location of the property to read, "...Located in the S '/Z of the NE '/4 ~a-Of Section 30..." 11. Please indicate the status of all properties (platted/unplatted) adjacent to this Subdivision. If platted propertty(s) exist, please indicate the Subdivision name(s). 12. Add the bearing and correct the distance to read 35.00 feet (see note 13 below) on the line between PLS caps 972 and 4998 at the northwest corner of the property. 13. The submitted plat shows 33' ofRight-of--Way. The Right-of--Way must be 35' (per Ada County Highway District's pre-plat comments). Dedicate the remainder of the required Right-of--Way from Lot 1, Block 1 and Lot 1, Block 2. Revise the plat to reflect this. 14. Add the Real Point of Beginning notation at its proper location. 15. Correct the directions of the bearings on the westerly subdivision boundary courses as indicated on the redlined plat. Exhibit "A" 3 of 5 Mayor & City Council Hearing Date: June 15, 2004 Page 4 of 5 16. Add the proper curve number to the southwesterly corner of Lot 1, Block 3. 17. Revise the easements at the east side of Lot 5, Block 1 and the south sides (subdivision boundary) of Lots 1-3, Block 6 and Lots 9-13, Block 2 to show 11' instead of 10' to allow extra width for gravity and pressure irrigation (5' beyond centerline of pipe). 18. Revise the side lot line easements (against the subdivision boundary for future phases) at the west sides of Lot 4, Block 4, Lot 5, Block 5 and Lot 3, Block 6 to show 5' instead of 10' (pressure irrigation lines were moved to the west sides of these lot lines as part of the Subdivision Review process). 19. Revise the side lot line easement at the south side of Lot 3, Block 2 to show 5' instead of 10' (a pressure irrigation line was moved to the north side of Lot 4, Block 2 as part of the Subdivision Review process). 20. Revise the side lot line easements at the north sides of Lot 1, Block 5 and Lot 4, Block 2 to show 8' instead of 5' to allow extra width for pressure irrigation lines that were moved as part of the Subdivision Review process (5' beyond centerline of pipe). 21. Staff s failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit "A" 4 of 5 Mayor & City Council Hearing Date: June 15, 2004 Page 5 of 5 4. Two-Hundred-fifty watt (250w) 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. 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. 6. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide (four feet if detached) walkway pathway without encroachment of mailbox structures. 10. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. RECOMMENDATION Staff recommends approval of the final plat for Roseleaf Subdivision No. 1 with the above stated comments and conditions. Exhibit "A" 5 of 5 • • •~wr .~-..y .~. J U ~ ~ ~' 244 €`' ~~~± f -i~ ~ ' Al.~?~~.tarf 4`~ty :,i,~r~; f~f''ic~; WHITE PETERSON KEVIN E. DIN[us JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. Gw HALLAM ** Ju.L S. HOLINI{A JOHN R. KORMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** ATTORNEYS AT LAW WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAx (208) 466-4405 CHRISTOPHER S. NYE PHILB'A. PETERSON TODD A. RossMAN TERRENCER WHITE*** * Also admitted in CA ** Also admitted in OR *** Also admitted in WA July 6, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: PARAMOUNT DEVELOPMENT, INC. /PARAMOUNT SUBDIVISION N0.4 /FINAL PLAT - (FP-04-033) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360M\Paramount Sub No. 4 FP-04-033\C1erkFPltr 07 O1 04.doc C~ J • BEFORE THE MERIDIAN CITY COUNCIL C/C 06/22/04 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, INC. FOR APPROVAL FOR 32 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 3 COMMON LOTS ON 10.09 ACRES IN AN R-8 ZONE FOR PARAMOUNT SUBDIVISION N0.4, LOCATED APPROXIMATELY 1/z MILE EAST OF N. CINDER ROAD AND 1/Z MILE SOUTH OF W. CHINDEN BLVD. IN THE CENTER OF SECTION 25, T.4N., R.1W., MERIDIAN, IDAHO CASE NO. FP-04-033 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 June 22, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and John Boyd Engineering Technician II, dated: Hearing Date: June 22, 2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, and Jason Davies, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION N0.4 / (FP-04-033) Page 1 of 4 • • IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION N0.4 LOCATED IN THE N1/2 OF SECTION 25, T.4N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2004 ENGINEERING NORTHWEST, LLC BOISE, IDAHO, 04-007-00, SHEET 1 OF 3, STAMPED: MAY 12 2004, J: ~PARAMOUNT_SUB4_04007~Drawings~00_PARAM4_PLATI.dwg 5/7/2004, HANDWRITTEN DATE: 5-10-2004", Paramount Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from John Boyd Engineering Technician II, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: June 22, 2004, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by reference incorporated herein, and the additional requirements from the action of the Council taken at their June 22, 2004 meeting as follows, to-wit: 1.1 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department 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 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION N0.4 / (FP-04-033) Page 2 of 4 • 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: 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. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION N0.4 / (FP-04-033) Page 3 of 4 • 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 2Z"d' day of J ~~ 2004. By: Tamm~q~kc~Wj~erd ``~~~~,~~trrrirrr,,,~~~' Mayor, of Meridian Attest: ```\~.~`~~`~ O~ ~ Oi,9y.,~~~,' `~~ rF0 -' SEAL William G. Berg, Jr., Ci Cle 9 "~ „~ Gc~S ~ 0 ~~,/ O9 T 15.E , P~ ````. Copy served upon Applicant, the Plannirl~g%and ;~r~hg Department, Public Works Department, and City Attorney. By: ~~(~, QJYy Dated: ~' - ~ - Q City Clerk's Office Z:\Work\M\Meridian\Meridian 15360M\Par<unount Sub No. 4 FP-04-033\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION N0.4 / (FP-04-033) Page 4 of 4 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree e" r ,~.v, 1 y M ~~ - '~ ~ CF7'Y OF ~p~'~~~~'"~ ~'~ 1-,.- - .. ~r1G~1~'17 ...a; ll It)AHO LEGAL DEPARTMENT (208) 466-9272 •Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • FAX 888-6854 STAFF REPORT: Hearing Date: June 22, 2004 To: Mayor, City Council and Planning & Zoning Commission From: Sonya Allen, Assistant City Planner ~~~ John Boyd, Engineering Tech. II q~ Re: Paramount Subdivision No. 4 Final Plat approval of Thirty-two (32) Single-Family Residential Building Lots and Three (3) Common Lots on 10.09 Acres in an R-8 Zone, by Paramount Development, Inc. (File No. FP-04-033). 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 5UNIMARY & LOCATION The applicant, Paramount Development Inc., has applied for Final Plat approval of 32 single- family residential building lots and 3 common lots on 10.09 acres of land for Paramount Subdivision No. 4. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 3.17 d.u./acre and a net density of 3.95 d.u./acre. Paramount Subdivision No. 4 is located approximately % mile east of N. Linder Road and mile south of W. Chinden Blvd. in the center of Section 25, T.4N., R.1 W. The common area lots within the subdivision consist of landscape, open space, and pathway lots. The pressurized irrigation system within this development is to be owned and maintained by the Paramount Homeowners Association. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50' . Exhibit "A" 1 of 4 U Mayor & City Council Hearing Date: June 22, 2004 Page 2 • The submitted final plat substantially complies with the approved preliminary plat. The final plat shows four lots less than was approved on the preliminary plat; however, staff has no objection to this change due to the increase in lot sizes. Staff recommends approval of the final plat for Paramount Subdivision No. 4 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS /FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and development agreement (Inst. No. 103137116). 2. The applicant has indicated that the Paramount Homeowners Association 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the solid fence. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 4. 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. 5. 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 Exhibit "A" 2 of 4 ~ ~ Mayor & City Council Hearing: Date: June 22, 2004 Page 3 easements, for any mains that are required to provide service. 6. 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. 7. Revise or add the following notes to the face of the plat: a. 8.) Revise to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with Title 11 and Title 12 of the Meridian City Code unless otherwise modified b~Conditional Use Permit (CUP-03-008) which allowed for reduced setbacks, lot sizes, and lot frontages." b. 13.) Add Development Agreement Instrument No. 103137116. c. 14.) Add note: "Fencing adjacent to the micropath on Lot 11, Block 6, shall be no greater than four-feet in height if solid sight obscuring material is used for fence construction with the allowance of two (2) feet of lattice work to be permitted on ton of the solid fence." (Per FF/CL #11) 4. Developer shall coordinate mailbox locations with the Meridian Post Office. 5. 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.) 6. Increase the width of the Public Utilities, Drainage and Irrigation Easement to (13') thirteen-feet across the easterly side of Lot 8, Block 12. This area has pressurized irrigation transmission mains within it. 7. There are several courses along the subdivision boundary that do not match either the legal description in the Certificate of Owners or previously submitted Paramount phase boundaries. Please revise these courses to match the Legal description and previous subdivision boundaries. 8. Please add the side lot line dimensions to Lot 8, Block 12 (easterly), Lot 1, Block 20 (westerly) and Lot 4, Block 6 (easterly). 13. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" 3 of 4 Mayor & City Council Hearing Date: June 22, 2004 Page 4 GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (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 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. 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's Water Works Superintendent. 7. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Paramount Subdivision No. 4 with the above stated comments and conditions. Exhibit "A" 4 of 4 ** TX CON~TION REPORT ** RS OF JUN 30 '04 09:~ PRGE.01 CITY OF MERIDI RN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDtt STRTUS 01 06/30 09:14 PUBLIC IJORKS EC-S 00'28" 001 111 OK 02 06/30 09:15 12084664405 EC--S 00'29" 001 111 OK 03 06/30 09:16 8841159 EC--S 00'28" 001 111 OK 04 06/30 09:17 2088840744 EC--S 00'28" 001 111 OK 05 06/30 09:18 POLICE DEPT EC-S 00'28" 001 111 OK 06 06/30 09:19 8985501 EC--S 00'27" 001 111 OK 07 06/30 09:20 LIBRRRY EC--S 00'35" 001 111 OK 08 06/30 09:21 92083776449 EC--S 00'27" 001 111 OK 09 06/30 09:22 208 388 6924 EC-S 00'34" 001 111 OK 10 06/30 09:23 2088886854 EC--S 00'28" 001 111 OK 11 06/30 09:24 8950390 EC--S 00'28" 001 111 OK 12 06/30 09:25 128300040 G3--S 00'31" 001 111 OK 13 06/30 09:26 208 38? 6393 EC-S 00'27" 001 111 OK 14 06/30 09:27 RDA CTY DEVELMT EC--S 00'26" 001 111 OK 15 06/30 09:28 8885052 EC--S 00'28" 001 111 OK 16 06/30 09:29 CHERRY LRNE G3-S 00'44" 001 111 OK 17 06/30 09:31 IDRHO RTHLETIC C EC--S 00'27" 001 111 OK 18 06/30 09:32 ID PRESS TRIBUNE EC-S 00'28" 001 111 OK 19 06/30 09:33 2088886701 EC--S 00'29" 001 111 OK 20 06/30 09:44 URLLEY TIMES ----S 00'00" 000 111 BUSY THIS DOCUMENT IS STILL IN MEMORY ..~~~. Yt:1 `I~I~QSf ~~~ fur P(,t~Cl(C Itib~([c = ~aN~KC1i ra,~r rte l"~"~.~.1~.. eri~ian ~~ Y IUAHU 1' ~~Lr~ ~'.Y' .I tt'f~ /. MAYUA Tammy do Weerd Cll'Y CUUNC:11, MEMBERS William L. M. Nary Keltl) Bird Charles M. Rounhre Shaun Wardle (:1TY t~1iPa21'MkNTS sire 540 E. Franklin Rnad 888.12.34/fax 895-0390 Parks k Reciroation u t. Bow, r Street 888-3574/fax 848-5501 Flaming k Zoning 660 E. watertower Lane Suite 202 884-55331 Eax ti88-6854 t>nrce 1401 B. Watertuwer Lane 888-6678/fax 84b 7366 Public Wurks 660 E. Watertuwer Lane Suite 20(1 898-5500/tax 898.955] • Building 660 1. Watertower Lnne. Suite 150 857-22111fax 887-129T - Sewer (WW'1'I') 3401 N. Ten Milc Road 888-2191/fax 684.0744 - Water 2235 N. W. 8th B[reet 888-5242/[ax 884-1155 NOTICE OF REGULAR MEETING MERIDIAN HISTORIC PRESERVATION COMMISSION NOTICE IS HEREBY GIVEN that the City of Meridian Historic Preservation Commission (HPC) will hold its regular monthly meeting at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho on Thursday, July 1st. 2004 at 5:30 PM. The HPC will meet to discuss the following items /issues: discussion of short and long term goals approval of next years budget request review of city development appliption in Old Town area - replacement of commissioner. The public is welcomed to attend. DATED this 29th day Of June, 2004. City Clerk- !" r i R\ F~ fir. IJ~iAL tsZ `~PO`c _ The HPC regular meetings are scheduled for the first Thursday of each month at 5:30 pm at Meridian City Hall unless otherwise noticed. Meridian Historic Preservation Commission Meeting -July 1, 2004 All materials presented at public meetings shall become property of tlw City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 866433 afieast•48 hours prior to the public meeting. CITS' HnLL ai EAST IDAHU AVENUE MHRIUTAiv, InAl10 83642 (2081 A88-4433 CIT1' CLEB:-Ir~X RRA •4218 wunnx pcsounces-Y,~Y P8•t 8723 FINANCE. R llTli.r7 \' 131LLING-FAY SA7.4RI3 n1:q~OR'g UI'FICE-FnY RR4~R 119 ** TX CONFIRMATION REPORT ** AS OF JUN 29 '04 1?~09 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD># STATUS 02 06129 16 43 3810160 EC--S 00'40" 001 108 OK 03 06129 16.44 PUBLIC WORKS EC--S 00'2?" 001 108 OK 04 06129 16 45 12084664405 EC--S 00'28" 001 108 OK 05 06129 16 46 8841159 EC--S 00'28" 001 108 OK 06 06129 164? 2088840744 EC--S 00'2?" 001 108 OK 07 06129 16 48 POLICE DEPT EC--S 00'2?" 001 108 OK 08 06129 16 49 8985501 EC--S 00'26" 001 108 OK 09 06129 16 50 LIBRARY EC--S 00'33" 001 108 OK 10 06129 16 51 92083??6449 EC--S 00'2?" 001 108 OK 11 06129 16 52 208 388 6924 EC--S 00'32" 001 108 OK 12 06129 16 53 2088886854 EC--S 00'27" 001 108 OK 13 06129 16 54 ALL AMERICAN INS EC--S 00'26" 001 108 OK 14 06129 16 55 8950390 EC--S 00'26" 001 108 OK 15 06129 16 56 128300040 G3--S 00'32" 001 108 OK 16 06129 165? 208 387 6393 EC--S 00'2?" 001 108 OK 17 06129 16 59 8885052 EC--S 00'26" 001 108 OK 18 06129 1?~00 CHERRY LANE G3--S 00'44" 001 108 OK 19 06129 1?~01 IDAHO ATHLETIC C EC--S 00'27" 001 108 OK 20 06129 1?~02 88? 0816 G3--S 00'44" 001 108 OK 21 06129 1?~03 ID PRESS TRIBUNE EC--S 00'26" 001 108 OK 22 06129 17 05 2088886?01 EC--S 00'27" 001 108 OK 23 ------- 06129 1?~08 ADA CTY DEUELMT --------------------------------- EC--S ---------- 00'28" -------- 001 ------- 108 ------- OK ------- ,~ w,~ ~~ ,r; ~ a JA ~ ~ e j~~ `+y rz~icn -~ Ip,~lli) ,-f ? ,+v ~~~~1: .r ~.i N1~V~V ~~` py~yy~~ 119UJ MAYUR Tammy d~~ wc~:rd ~ NOTICE OF REGULAR MEETING CrrY C~uNClt. MennoErs William L. M. Nary Keith Bird MERIDIAN HISTORIC PRESERVATION COMMISSION Charl~ S M. Rowih~r•e Shaun Wardle NOTICE IS HEREBY GIVEN that the Meridian Historic C:rTY DEPARTMENTS Preservation Commission (HPC) 1'irc' 540 L. Franklin Fond will hold its Regular Monthly Meeting at City Hall, 33 East Idaho Avenue, sA8-1.234/fax 895-039G Mefldlarl, Idaho 1'ark~ & IlTCr~~,~tion on Thu1'Sda y ~t ~.. liClw~~r st,~;rt y, Jul 1st, 2004 at 5:30 PM. The HPC will meet to discuss S8t3-3571/lax ti~1R-501 the following items: Planning &z Zoning GGO r. Watertower Lane BEFORE THE MERIDIAN CITY COUNCIL C/C 07/06/04 IN THE MATTER OF THE APPLICATION OF CAPITAL VAR-04-004 DEVELOPMENT/CAPITAL HOMES, FOR A VARIANCE TO ORDINANCE MCC 11-9-1 MINIMUM YARD SETBACK REQUIREMETNS IN A R- 8 ZONE FOR BALDWIN PARK SUBDIVISION NO. S, LOCATED AT 1127 W. GREAT BASIN DRIVE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 6, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Jon Yorgason, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO. S PAGE 1 OF 10 • • Resolution No. 02-382 and Maps. 2. The requirements of Idaho Code § § 67-6509, 6516 and Meridian City Code § § 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Capital Development/Capital Homes whose address is 6200 N. Meeker Place, Boise, Idaho 83713. 4. The owner of record of the property is Capital Development, Inc. whose address is 6200 N. Meeker, Boise, Idaho 83713. 5. The location of the subject property is presently located on Lot 6, Block 11 in Baldwin Park Subdivision No. 5, with a physical address of 1127 W. Great Basin Drive. The property is designated as "Medium Density Residential" in the Future Land Use Map of the 2002 Comprehensive Plan. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office located at 33 E. Idaho, Meridian. 7. The present land use of subject property is presently zoned as R-8 (Medium Density Residential District), and which subject property is presently residential. 8. The proposed land use of subject property is to develop the subject property in the following manner: a new home presently exists on the property. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO. S PAGE 2 OF 10 i • district and such other items as required has been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §11-9-1, MINIMUM YARD SETBACK REQUIREMENTS, and in the R-8 zone, which provides as follows: 11-9-1 MINIMUM YARD SETBACK REQUIREMENTS: MINIMUM YARD SETBACK REQU IlZEMENTS Maximum Lot Maximum Minimum Street Minimum Interior Street Coverage Building (In Frontag Lot District Area(8) Front Rear Side Side Percent) Height e(5) R-2 18,000 sq. ft. 25' 15' 7.5'/story 20' 100'(5) R-3 12,000 sq. ft. 25' 15' 7.5'/story 20' 90'(5) R-4 8,000 sq. ft. 30'(1) 15'(7) 5' 25'(1) 35' 80' Per DU 20'(2,9) 20'(2,9 R-8 6,500 sq. ft. 30'(1) 15'(7) 5' 25'(1) 35' 65'(3) (3) Per DU 4,000 sq. 20'(2,9) 15'(7) 5' 20'(2,9) 35' 40'(4) ft.(4) Per DU per DU R-15 2,400 sq. ft. 20'(2,9) 15'(7) 5'/story 20'(2,9) 40' S0' Per DU R-40 20' 15'(7) 0 20' 40' L-O 7,000 sq. ft. 30'(1) 25'(1) 20'(2) 20' S'(5) 20'(2) 50% 35' S0' C-N 4-8 acres 15' 25' 10' 0 70% 35' n/a C-C 8-30 acres 25' 0 0 0 70% 40' n/a C-G 15' 0 0 0 70% 40' RSC 75 + acres 70' 0 0 30' 70% 40' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO.S PAGE 3 OF 10 • OT See district regulation for correspondin g use proposed TE 80(6) acres 35' 20' 20' 30' 60% 0 n/a I-L 35' 0 0 30' 70% 40' M 20 acres 60' 15' 10' 39' 10% 80' n/a Notes: (1) Arterial and collector streets. (2) Local streets. (3) Single-family detached dwellings. (4) Single-family attached dwellings and two-family dwellings (duplex). (5) Street frontage on cul-de-sac lots shall be a minimum of 40 feet measured as a chord measurement. Street frontage for 1 or 21ots sharing a common driveway shall be a minimum of 15 feet. Street frontage for 3 or 41ots sharing a common driveway shall be a minimum of 10 feet. Street frontage for flag lots that do not share a common driveway shall be a minimum of 30 feet. (6) A smaller minimum lot area maybe requested and granted if deemed feasible. (7) On corner lots in residential districts, the rear setback maybe determined on a side of a structure, at the option of the builder. (8) Minimum lot area shall be determined exclusive of land that is used for streets, highways, alleys, roads, rights of way, irrigation easements unless the water is conveyed through pipe or the and included as part of the utility easement that generally run along the lot lines, and land that is used for the conveyance of irrigation water, drainage water, creek or river flows. (9) The setback maybe reduced to 15 feet for living areas and side entry garages in accordance with MCC 11-9-2D3. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDNISION NO.S PAGE 4 OF 10 • Planning and Zoning Department. 12. The applicant is requesting a variance from section 11-9-1 of MCC, which prohibits buildings being closer than 5 feet on the side building setback in the R-8 zone. The applicant is requesting a the variance to allow for a reduction of the side building setback from five feet (5') to four feet (4'). Additionally, the footings are already in and the home has been completed. 13. The applicant states that the hardship which prohibits compliance with the ordinance is the fact that moving or rebuilding the home would be very difficult. 'The "planned" and "as built" site plans show that the structure could have met all required setbacks if constructed in the proper location. Unfortunately, the footings were installed and construction completed in the wrong location. There are approximately 18-feet of the building that project into the side setback. This encroachment, at its greatest width, is approximately 10 inches. 14. Applicant states in his letter dated June 3, 2004 the following reason for the variance: 1. A home has been started on Lot 5, which is located exactly 5 feet from the lot line. 2. We have spoken with the building department and verified that there are no building or fire codes that would prevent the home from staying in its current location. 3. The location of the footing for the home was inspected by the building inspector. 4. The placement of the footing was not malicious or intentional. 5. Moving or rebuilding the home would be very difficult. 15. No complaints were received by the City pertaining to this matter. 16. Staff has worked with the Applicant on trying to bring this site into conformance without a variance, but has been unable to do so. The Applicant has also looked into purchasing additional property from the lot to the west, but construction on a house has begun and is at the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO.S PAGE 5 OF 10 • minimum side setback. Therefore, there is no "extra" property to spare to the west, so a lot line adjustment will not solve the situation. 17. It is anticipated that the variance will not be detrimental to the public's welfare or injurious to other properties in the area, and the Building Department and Fire Departments do not object to the 4-foot setback (9-feet between structures). 18. It is found that the issuance of the requested variance will not have the effect of altering the purpose and interest of the Zoning Ordinance. 19. Staff is unaware of provisions of Idaho Code that would be violated by the issuance of the requested variance. 20. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 21. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 22. The applicant paid the fee established by the City Council for application variance. 23. The applicant shall be required to comply with the conditions and requirements of the Meridian Fire Department listed in their letter dated June 21, 2004. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO.S PAGE 6 OF 10 • Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code § 67-6509, 6516 and Meridian City Code § § 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDNISION NO. 5 PAGE 7 OF 10 DECISION AND ORDER C~ NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance to ordinance MCC 11-9-1 Minimum Yard Setback Requirements in an R-8 zone for Baldwin Park Subdivision No. 5. The applicant shall be required to comply with the conditions and requirements of the Meridian Fire Deparhnent listed in their letter dated June 21, 2003, and the variance would only apply to Lot 6, Block 11 for Baldwin Park Subdivision No. 5, with a physical address of 1127 W. Great Basin Drive. 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 Section 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 a variance authorizing a variance of the Minimum Yard Setback Requirements in the R-8 Zone as provided FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO.S PAGE 8 OF 10 in the Section 11-9-1 and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of Sr_~ ~ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED:_ ~ ~ ~ ~ ~ ~ ' MOTION: APPROVED:~_ DISAPPROVED: Mayor Attest: *`,`,\~y,O~ ~~~-er~~,!/ O '~.. ~~ <p William G. Berg, Jr., Cit = S~~L = y erk _ y ~ 1~ c ~Q, FINDINGS OF FACT AND CONCLUSIONS OF LA~~D ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO. S VOTED ~ ~Q Q~ VOTED VOTED VOTED VOTED Weerd PAGE 9 OF 10 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By. City Clerk's Office Dated: ~ - 21D -C~' Z:\Work\M\Meridian\Meridian 15360M\Baldwin Park Sub No. 5 VAR-04-004\F'fClsGrantVarianceMCC 11-9-1.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING AVARIANCE / VAR-04-004 BALDWIN PARK SUBDIVISION NO. 5 PAGE 10 OF 10 • • BEFORE THE MERIDIAN CITY COUNCIL C/C JULY 6, 2004 IN THE MATTER OF THE ) APPLICATION OF INITIAL POINT, ) LLC FOR APPROVAL OF 40 ) SINGLE-FAMILY RESIDENTIAL ) BUILDING LOTS AND 8 COMMON ) LOTS ON 7.98 ACRES IN AN R-8 ) ZONE, LOCATED EAST OF ) NORTH CINDER ROAD AND ) SOUTH OF WEST MCMILLAN ) ROAD IN A PORTION OF THE NW ) '/ OF T.4.N., R.1.W., SECTION 36 ) CASE NO. FP-04-036 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 July 6, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 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 COBBLEFIELD CROSSING SUBDIVISION NO. 2 LOCATED IN NW '/ OF THE T.4.N., R.1.W., SECTION 36., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2004, INDEX N0.414-36-4-0- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION N0.2 / (FP-04-036) Page 1 of 4 • 00-00, JOB NO. SD003.002, SHEET 1 OF 3, HANDWRITTEN DATE: OS-21-04, LEAVITT & ASSOCIATES ENGINEERS, INC.", CMD, INC. -Doug Campbell, Developer, is Conditionally Approved subject to those conditions of Staffcomments 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 2004, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT 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 by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 6, 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION N0.2 / (FP-04-036) Page 2 of 4 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 1.2 Adopt the Recommendation of the Settlers Irrigation District as follows: All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Matlock, Butler Laterals, and the Settlers Canal (Letup Canal.) A 20' easement id required for the Matlock and Butler Laterals. A 50' easement is also required for the Settlers Canal. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. All storm drainage must be retained on-site. The development must supply irrigation access to all lots within the above-mentioned subdivision. The developer has indicated that Settlers Irrigation District will own, operate, and maintain the pressure irrigation system; therefore an agreement must be signed and recorded prior to construction. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION N0.2 / (FP-04-036) Page 3 of 4 • • 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. By action of the City Council at its regular meeting held on the ~h day of ~i.~l N , 2004. Attest: G. Berg, Jr., ~`~~411NIII/l/~y. ~.,`~y OF MERIp~''',., Tammy rd G" \~c,0~'oR9 ~~ ~'L Mayor, i y of Meridian SEAL - Gc ~~° Copy served upon Applicant, the Pf' ~ ~on'~~~epartment, Public Works Department, and ~@ City At orney. '''`~ ~` By: City Clerk's Office Dated: ~-j' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COBBLEFIELD CROSSING SUBDIVISION N0.2 / (FP-04-036) Page 4 of 4 ~J .,~,,,~ MAYOR ' ~, ~ ~• ~q '~~ Tamm d W d ~ LEGAL DEPARTMENT (208) 466-9272 •Fax 466-4405 y e eer if~i ca'rY c~F R i ti.i, CITY COUNCIL MEMBERS i 1 ~`' PUBLIC WORKS ~~ ~~~ v Keith Bird ~ ~ 7 J / BUILDING DEPARTMENT LLL /L L LLL ~ (208) 887-2211 •Fax 887-1297 William L.M. Nary lI)AHO j Shaun W dl ~ PLANNIN ar e ~ y G AND ZONING Charles M. Rountree ~r~. DEPARTMENT ~'~TFR .~ °`' I'Ke,~SUiir: V Nom' (208) 884-5533 FAX 888-6854 ; , siwcc ', 1903 STAFF REPORT: Hearing Date: July 6, 2004 To: Mayor and City Council R From: Sonya Allen, Assistant City Planner John Boyd, Engineering Tech. II Q '`~ Re: Cobblefield Crossing Subdivision No. 2 Final Plat approval of Forty (40) Single-Family Residential Building Lots and Eight (8) Common Lots on 7.98 Acres in an R-8 Zone, by Doug Campbell (File No. FP-04-03~. 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 applicant, Doug Campbell, has applied for Final Plat approval of 40 single-family residential building lots and 8 common lots on 7.98 acres of land for Cobblefield Crossing Subdivision No. 2. A portion of this subdivision is a re-subdivision of Lot 8, Block 4 of Cobblefield Crossing Subdivision No. 1. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). This phase of the subdivision will have a gross density of 5.02 d.u./acre and a net density of 7.98 d.u./acre. Cobblefield Crossing Subdivision No. 2 is located approximately 1/ mile east of N. Linder Road on the south side of W. McMillan Road, in the NW % of Section 36, T.4N., R.1 W. The residential lots will consist of a combination of detached and attached dwelling units. The common area lots within the subdivision consist of landscape, open space, and drainage lots. The pressurized irrigation system within this development is to be owned and maintained by the Settler's Irrigation District. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for reductions to the minimum requirements for lot size, street frontage, setbacks, and house size. The submitted final plat substantially complies with the approved preliminary plat. FP-04-036 EXHIBIT "A" Cobblefield Crossing Sub2 FP.doc Mayor & City Council Hearing Date: July 6, 2004 Page 2 s Staff recommends approval of the final plat with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS /FINAL PLAT Applicant shall meet all terms of the approved Preliminary Plat (PP-03-033) and Conditional Use Permit (CUP-03-059). 2. Submit a fencing plan for the western and eastern boundaries of the subdivision prior to signature on the final plat. Fencing must be in compliance with MCC 12-4-10. 3. The applicant has indicated that Settlers 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. 4. 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. 5. Sanitary sewer service and municipal water service to this site shall be via main line extensions from mains installed adjacent to the property. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. 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. 7. 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. 8. Applicant shall submit a FINAL street name approval letter from the Ada County Street FP-04-036 EXHIBIT "A" Cobblefield Crossing Sub2 FP.doc • i Mayor & City Council Hearing Date: July 6, 2004 Page 3 Name Committee prior to signature on the final plat by the Meridian City Engineer. 9. Please add the words "PLAT SHOWING" above the Subdivision Name on Sheet 1 of the plat. 10. Please add the words "MERIDIAN, ADA COUNTY, IDAHO" after B.M. MERIDIAN in the heading on Sheet 1 of the plat. 11. The bearings and distances depicted along the easterly boundary of this subdivision do not match the Legal Description on the Certificate of Owners. Please change the appropriate document so they match. 12. Please sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 4 of the final plat). 13. Public Rights-of--Way easement dimensions are not indicated on the plat (although they are shown). Please dimension the easements or add a note addressing this. 14. Side lot line easement dimensions are not indicated on the plat (although they are shown). Please dimension the easements or add a note addressing this. Please add, "unless otherwise dimensioned" on the callouts for these easements. 15. Please increase the width of the Public Utilities, Drainage and Irrigation Easement to (8') eight-feet across the easterly side of Lot 1, Block 2 and the northerly side of Lot 12, Block 13. These areas have pressurized irrigation transmission mains within them. 16. Please add or revise the following notes on the face of the plat: a. Add note: "The owner of each lot, across which passes an irrigation draina,~~e ditch or I e is res onsible for the maintenance thereof unless an Irrisation/Drainage District has assumed such responsibilit3! " 17. Staff s failure to cite specific ordinance provisions, or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. 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 FP-04-036 EXHIBIT "A" Cobblefield Crossing Sub2 FP.doc • Mayor & City Council Hearing Date: July 6, 2004 Page 4 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 3. 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. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 5. 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. 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 Public Works Department. 8. 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-04-036 EXHIBIT "A" Cobblefield Crossing Sub2 FP.doc ~ ~ BEFORE THE MERIDIAN CITY COUNCIL C/C JULY 6, 2004 IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC. FOR ) APPROVAL OF 5 BUILDING LOTS ) ON 2.064 ACRES IN AN L-O ZONE., ) LOCATED AT 2150 WEST ) CHERRY LANE IN A PORTION OF ) THE SW 1/ OF THE SE '/ OF T.3.N., ) R.1.W., SECTION 2 ) CASE NO. FP-04-040 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 July 6, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 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 BUICH SUBDIVISION N0.2 LOCATED IN NW '/ OF THE SE % OF T.3.N., R.1.W., SECTION 2., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2004, DRAWING NO. C036219 BS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BUICH SUBDIVISION / (FP-04-040) Page 1 of 5 ~ ~ SHEET 1 OF 2, PINNACLE ENGINEERS, INC.", DAVE BUICH, 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 2004, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 6, 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BUICH SUBDIVISION / (FP-04-040) Page 2 of 5 1.2 Adopt the Recommendation of the Settlers Irrigation District as follows: All irrigation /drainage facilities along with their easements must be protected and continue to function. The facility involved is the Settlers Canal located at the east and south property boundary. A 30' foot easement is required. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. All storm drainage must be retained on-site. 1.3 Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows: If all storm drainage isretained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change application be filed for review prior to final platting. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31- 3805. it is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BUICH SUBDIVISION / (FP-04-040) Page 3 of 5 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. By action of the City Council at its regular meeting held on the ~ day of . ~ ;t ~~ ~ , 2004. t By: Tammy rd Mayo , of Meridian ,' G~ / '~, Attest: ~ ,,cA~~~r ~' ~'~., ~ ~ _ r _ SEAL - '> T f C' f ~O ~`,~ William G. Berg, Jr., Ci le ~` ~~!~ '~°~ ~~rtitt~t ~tit~~S~t~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BUICH SUBDNISION / (FP-04-040) Page 4 of 5 L Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: City Clerk's Office Dated: ~ ~ 3 ~ ~~- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BUICH SUBDIVISION / (FP-04-040) Page 5 of 5 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree .~ =~= ~ , ~rl~l~'yI (~ II3AH0 V 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 STAFF REPORT: City Council Date: July 6, 2004 To: Mayor, City Council From: Sonya Allen, Planner I u ~ John Boyd, Engineering Tech II ~~ Re: Buich Subdivision (FKA Cherry Lane Office Park Subdivision) • Request for Final Plat Approval of Five (5) Building Lots on 2.064 Acres in an L-O Zone for Buich Subdivision, by Pinnacle Engineers, Inc. (File No. FP-04-040) We have reviewed the above-referenced submittal 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 SUNIMARY & LOCATION The applicant, Pinnacle Engineers, Inc., has requested approval for Buich Subdivision, located on the north side of W. Cherry Lane, approximately 1/smile west of N. Linder Road, in the SE I/a of Section 2, T.3N., R.1W. This subdivision includes 5 commercial office building lots on 2.064 acres of land in an L-O zone. The parking stalls, drive aisles, open space, and landscaping are all shown in easements on the plat rather than within common lots. The preliminary plat was approved under the name of Cherry Lane Office Park Subdivision. The final plat substantially complies with the approved preliminary plat (PP-03-029). A conditional use permit/planned development (CUP-03-048) was also approved for this subdivision which allowed for reduced building setbacks to W. Cherry Lane and landscape modifications. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat for Buich Subdivision with the comments and conditions stated in this report. • FP-04-040 EXHIBIT "A" Buich Sub FP.doc • Mayor & City Council Hearing Date: July 6, 2004 Page 2 of 5 SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat (PP-03-029) and conditional use permit (CUP-03-048). 2. Sanitary sewer service to this development shall be via an extension from mains installed with the One Subdivision No. 1. The sewer main proposed to be constructed through One Subdivision must have the written permission of, and recorded sewer easements from, the adjacent property owners. Applicant will be responsible to construct the sewer mains to this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 3. Municipal water service to this development shall be via an extension from mains installed adjacent to this property in Cherry Lane. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 4. 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. 5. Please add or revise the following plat notes: a. Note 1: After "planned development," add "(CUP-03-048). b. Note 3: Add the word "drainage" after "permanent public utilities,". c. Note 8: Revise the note to read, "All interior lot lines have a common ten (10) foot wide P.U.D.I. easement, centered on the lot lines, unless otherwise dimensioned. d. Note 9: Revise the second sentence of the note to read, "All landscaping, parking and driveways shall be maintained by the business owner's association." e. Note 10: Revise the note to enable addition of a recorded easement number. f. Notes 12 & 13: Modify the notes to allow all lots within the subdivision an easement across Lots 1 through 5, Block 1, for ingress/egress, parking, driveways, sewer and water. g. Note 14: Revise the note to include the recorded Instrument No. FP-04-040 EXHIBIT "A" Buich Sub FP.doc s • Mayor & City Council Hearing Date: July 6, 2004 Page 3 of 5 h. Add Note 15 as follows: "The owner of each lot, across which passes an irrigation drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility has been assumed by an irrigation/drainage district". 6. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 7. Submit a recorded copy of across-parking/cross-access agreement to the Planning and Zoning Department for all of the lots within the subdivision to utilize the two driveways and off-street parking stalls, prior to signature on the final plat. Also, note on the face of the plat that across-access agreement exists with the recording number. 8. Show the easement for the sewer main line that runs along the northern boundary of the subdivision. Also, add a note that describes the easement. 9. Show the easements described in Notes 12 and 13 to reflect parking as well as driveways. 10. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 11. Show previously recorded bearings and distances on the plat boundaries and add a description of these to the Legend. 12. 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. 13. Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat or conditional use permit does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non-domestic purposes such as landscape irrigation.) 2. Install 250-watt and 100-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. FP-04-040 EXHIBIT "A" Buich Sub FP.doc i • Mayor & City Council Hearing Date: July 6, 2004 Page4of5 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. 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 Meridian City Engineer. 4. 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. 5. 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. Side slopes within drainage areas shall not exceed 3:1. 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 that 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. 6. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approval. 7. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. FP-04-040 EXHIBIT "A" Buich Sub FP.doc Mayor & City Council Hearing Date: July 6, 2004 Page 5 of 5 10. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP-04-040 EXHIBIT "A" Buich Sub FP.doc • i BEFORE THE MERIDIAN CITY COUNCIL C/C July 6, 2004 IN THE MATTER OF THE ) APPLICATION OF LOCHSA ) FALLS, LLC FOR APPROVAL OF ) 51 RESIDENTIAL BUILDING LOTS ) AND 3 OTHER LOTS ON 47.67 ) ACRES IN AN R-4 ZONE ) LOCATED WEST OF NORTH ) CINDER ROAD AND SOUTH OF ) WEST CHINDEN BOULEVARD IN ) A PORTION OF THE NORTH %2 OF ) THE T.4.N., R.1.W., SECTION 26 ) CASE NO. FP-04-037 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 July 6, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 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. 9 LOCATED IN A PORTION OF THE NORTH %2 OF THE T.4.N., R.1.W., OF SECTION 26, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-04-037) Page 1 of 5 • • 40402-PLT.DWG KDH 05/17/04, SHEET 1 OF 4, HANDWRITTEN DATE: 05/25/04, BRIGGS ENGINEERING, INC., LOCHSA FALLS, LLC., Developer, is Conditionally Approved subject to those conditions of Staffcomments 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 2004, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 8 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein 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 July 6, 2004 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their July 6, 2004 meeting, and specifically pertaining to the to the Staff Report, under Conditions of Approval, revising 3c and Sato read as follows: CONDITIONS OF APPROVAL 3. c. Add note: Maintenance of the stormwater detention pond is the responsibility of the Homeowner's Association. ~ ~*~ ~~ ~~^~ --rr _~ ~ ~ ^aaoa ~„ ~i,o „t^~ u ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-04-037) Page 2 of 5 • • 5. a. Detached sidewalks and atwenty-five foot street buffer must be shown adjacent to N. Ten Mile Road. The minimum width of the parkway area between the curb and sidewalk is five-feet. e -- ~'~-~ +~ + y..a ~, ter" ...oc (The owner of Lot 5, Block 38 shall trust fund for sidewalk so it can be in conformance with the remainder of the sidewalk that is going to be built by the city in the future and doesn't have to be built at the outset of the development.) 1.2 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-04-037) Page 3 of 5 • • 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 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 FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-04-037) Page 4 of 5 • By action of the City Council at its regular meeting held on the ~ ~ day of ~ , 2004. Attest: ~-% William G. Berg, Jr., ty Cl rk By: y de Mayor, C' of eridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. City C erk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LOCHSA FALLS SUBDIVISION NO. 9/ (FP-04-037) Page 5 of 5 • • .± MAYOR ~r ~ ~% :~ LEGAL DEPARTMENT Tammy de Weerd -~.j~"~ (208) 466-9272 •Fax 466-4405 crrY ot= LL=={{-- CITY COUNCIL MEMBERS ` "' " i•1, PUBLIC WORKS pf~)~1 /j'j/j ~ ~I' ~~ BUILDING DEPARTMENT Keith Bird V I ` `(Z,/~ ~~ (208) 887-2211 •Fax 887-1297 William L.M. Nary tC~AHO Shaun Wardle y j PLANNING AND ZONING Charles M. Rountree ~` ~~ DEPARTMENT ~reR .~ (208) 884-5533 • FAX 888-6854 '°4 ~rRF.~SU}Tt". V ~t>r- siMCe 1903 STAFF REPORT: Hearing Date: July 6, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner ~~ John Boyd, Engineering Tech. II Re: Lochsa Falls Subdivision No. 9 Final Plat approval of Fifty-one (51) Single-Family Residential Building Lots and Three (3) Common Lots on 47.67 Acres in an R-4 Zone, by Lochsa Falls, LLC (File No. FP-04-03 ~. 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 applicant, Lochsa Falls, LLC, has applied for Final Plat approval of 51 single-family residential building lots and 3 common lots on 47.67 acres of land for Lochsa Falls Subdivision No. 9. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This phase of the subdivision will have a gross density of 1.07 d.u./acre and a net density of 1.18 d.u./acre. Lochsa Falls Subdivision No. 9 is located on the east side of N. Ten Mile Road, approximately %i mile south of Chinden Blvd., in the NW '/ of Section 26, T.4N., R.1 W. The common area lots within the subdivision consist of landscape, open space, and drainage lots. The pressurized irrigation system within this development is to be owned and maintained by the Settlers Irrigation District. A Conditional Use Permit (Planned Development) was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 5,500 s.f.; front setbacks reduced from 15' for living areas to 10'; street side setbacks reduced from 20' to 10'; and a reduction in street frontage from 65' to 50'. Phase nine was approved previously by City Council; however, it was not recorded. The applicant wishes to change the order in which three previously approved final plats are built and FP-04-037 EXHIBIT "A" Lochsa Falis Sub.9.FP Rev.doc Mayor & City Council Hearing Date: July 6, 2004 Page 2 recorded. The previously approved phase nine will be changed to phase eleven and the current phase nine will be submitted as a new phase. Other than the name of the plats and the lot and block numbers, no other changes have been made to the plats that were approved by City Council. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the ninth phase of Lochsa Falls Subdivision with the comments and conditions stated in this report. SPECIAL CONSIDERATIONS 1. It is Staffls assumption that the responsibility to construct detached sidewalks and street buffer landscaping along N. Ten Mile Road will belong to the City of Meridian; however, this is not addressed in the application or the recorded Development Agreement with Farwest. The timing of the N. Ten Mile Road improvements should also be clarified, as the sidewalk and street buffer are typically to be completed prior to issuance of any Certificates of Occupancy. We recommend City Council make a decision on this matter as part of this final plat application. (See Site Specific Comment S.a.) 2. The landscape plan shows a stormwater detention pond at the northeast corner of the City park lot (Lot 4, Block 38); however it is not clear as to who is going to maintain it. We recommend City Council make a decision on this matter as part of this final plat application. (See Site Specific Comment 3.c.) SITE SPECIFIC COMMENTS /FINAL PLAT 1. 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. Fencing adjacent to pathways and internal open space/drainage lots is to be no more than 4' in height if solid material is used, with the allowance of a 2' lattice to be placed on top of the solid fence. All fencing must be in compliance with MCC 12-4-10. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 3. Add or revise the following plat notes: a. Add note: "Lot 4, Block 38 is owned and will be maintained by the Citv of Meridian and is designated as a public nark site " b. Remove note #13. This note is not applicable. FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc Mayor & City Council Hearing Date: July 6, 2004 Page 3 c. Per Special Consideration No. 2 above, if Council determines that maintenance of the stormwater detention pond is the responsibility of the Homeowner's Association, a note to that effect must be added to the plat. 4. Add a note or graphically show and denote on the plat the existing 20-foot wide public utilities, drainage, and irrigation easement that runs along the northern boundary of this phase. Also, show the recorded instrument number for this easement and provide the City of Meridian with the recorded document prior to signature on the final plat by the City Engineer. 5. Revise the Landscape Plan as follows: a. Detached sidewalks and atwenty-five foot street buffer must be shown adjacent to N. Ten Mile Road. The minimum width of the parkway area between the curb and sidewalk is five-feet. (The party responsible to construct these improvements will be determined by City Council and noted on the landscape plan). b. The cobble at the inlet area of the stormwater swales may not exceed more than five-feet in any horizontal dimension unless designed as a dry creek bed or other design feature. 6. The applicant has indicated that Settlers 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. 7. 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. Sanitary sewer service and municipal water service to this site shall be via main line extensions from mains installed adjacent to the property. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc • Mayor & City Council Hearing Date: July 6, 2004 Page 4 signature on the final plat per Resolution 02-374. 7. 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. 8. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 4 of the final plat). 9. The bearing on the northeasterly lot line of Lot 6, Block 41 does not match the Legal Description on the Certificate of Owners. Please change direction of the bearing to read SE instead of NW. 10. Please show (5') five-foot easements on the following side lot lines. These lot lines are against previous phases of this subdivision: a. Southerly side of Lot 14, Block 39 b. Westerly side of Lot 10, Block 40 c. Southerly side of Lot 19, Block 40 d. Southerly side of Lot 3 Block 41 e. Southerly side of Lot 2, Block 42 f. Westerly side of Lot 10, Block 42 g. Easterly side of Lot 2, Block 43 11. Lot 14, Block 40 shows two distances on the Southeasterly boundary lot line. Please add a correct survey symbol to this lot line based on the distances shown. 12. Please add the abutting platted subdivision names or show the land to be unplatted. 13. Please add the widths of all streets shown on the plat. 14. Staff s failure to cite specific ordinance provisions, or terms of the approved preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. 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 FP-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc Mayor & City Council Hearing Date: July 6, 2004 Page 5 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. 3. 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. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 5. 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. 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 Public Works Department. 8. 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-04-037 EXHIBIT "A" Lochsa Falls Sub.9.FP Rev.doc Aug,31, 2004 9:50AM n .i M rp~.:.P ':f' e. Ir. ~. a.:~. .: ........ , ...~...._........., .....~,...,,_._ ~u1~ ~~ I~_ ~ ,t N o~ 5 3 f1~ 9 YPr . 1/ 2 ' ..~ Cep Ip :`~I:c'~~.~~;: .e ~~~ .~,k. ~. 't ~. ~ fir' RS.~ xr sn~! 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'~. ~t~s k'"`r~~wr+t~Liu#dni~ :,~ri~;R._.-..,e:.+~:,»;ai~aiYuE: -rt£,~` .+~ wf..'+~:f+1~1t~ vR:~'~. ~~ ~s+~rr aSyi/? ~"!~r;dy`.?~~`4'F ~r/~iA~^;~y;'!4%~t5r PFiGE, AUG 31 '84 11 12 Aug.31. 2004 9~51AM ~+~r t~ tf~ G~C~.l F~~~ 2 ws^, +~~~~ ~~~t 1 Via." `'~ ~ . ~~ '~c~ ~. Thy f~~l pL?.~ t~~iti ~~: a-~~~-~Y aru;~~~ +~~r ~'G``c~rY~~ 1~ ~1~ t~~~l j~l~e wi~1 } ~r~vi ~ ,: 5t~f~~tu~xue5. ~: ~ . ~J1Y~: ~131~ ~'S1~(.:'W"1~,~ }~ •!'!~'+k'1~ f'4~ 2~;pry~~i6~ w'!'f~! STf `t~31~117'lESttFt3. ~,: "f`'h irn~S plat ~.~~:~1:tauo< tti"a~~ i~ ~c~arde nth ~~11' its ~ ~, ~'~o fill ~iclt ~`+e~rid ~ -~~ ~rt~ ~a~`' c~mr~ct~ts 1<~.1~'~~cd No.5319 P. 2/2 ~'~ ~~~.3x~art ~h t~tt~r ;~~ere ~.~~ a~` ~' ca~t~. F'6caa>v #'ee+l ~~ ~a ~ i#' h~v~a ~.d~~I c~ar~tt a~ ys~Y~st~art~3. ",,, ~~~~ ~#:.~'il d:~i~~nn~ li~c.: ':kT+mve~it~us~ntC~n+#:Yi~+,fi~a-;f~61~9di~n ~i;9?~ik~+i~ Awns"~Ynr.p~xFU-n~r~diiKS1' nt~rr ~5 `~.ic+mi~,p~.y;~v+;~s+a.aoo t ~'s.17}did:»~S« rs~ ~~ AUG 31 '04 11 13 • BEFORE THE MERIDIAN CITY COUNCIL C/C July 6, 2004 IN THE MATTER OF THE ) APPLICATION OF TUSCANY ) DEVELOPMENT, LLC FPR ) APPROVAL OF 51 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 6 COMMON LOTS ON ) 17.62 ACRES IN AN R-4 ZONE ) LOCATED NORTH OF EAST ) VICTORY ROAD AND EAST OF ) SOUTH MERIDIAN ROAD IN THE ) SE '/ OF THE T.3.N., R.1.E., ) SECTION 19 ) CASE NO. FP-04-039 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 July 6, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 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 GLACIER SPRINGS SUBDIVISION LOCATED IN THE SE '/ OF THE T.3.N., R.1.E., SECTION 19, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, X30705-PLT.DWG CSM ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GLACIER SPRINGS SUBDIVISION / (FP-04-039) Page 1 of 5 • • 04/19/04, SHEET 1 OF 2, HANDWRITTEN DATE: 04/19/04, BRIGGS ENGINEERING, INC., TUSCANY DEVELOPMENT, INC., Developer, is Conditionally Approved subj ect 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 John Boyd, Engineering Technician II for the Public Works Department, dated: Hearing Date: July 6, 2004, listing 16 SITE SPECIFIC REQUIREMENTS/FINAL PLAT 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 by this reference incorporated herein, and the response letter from Briggs Engineering, Inc., 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 July 6, 2004 meeting as follows, to-wit: 1.1 Adopt the action of the City Council taken at their July 6, 2004 meeting, and specifically pertaining to the Staff Report, under Conditions of Approval, striking number 4, that reads as follows: CONDITIONS OF APPROVAL 4. a. Revise the following note on the face of the plat: Note # 5: "...regulations of the City of Meridian, -~-- -----r------ .,_ ~..., ...,..~ ~...~ , ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GLACIER SPRINGS SUBDIVISION / (FP-04-039) Page 2 of 5 ,.,. ~r, ~ o~ ~...cred--wee o~ei~Qei` "~~ . A variance will need to be granted for reductions to MCC. 1.2 Adopt the Recommendation of the Meridian City Fire Department as follows: All portions of the buildings located on this project must. be within 150' of a paved surface as measured around the perimeter of the building. This will affect Block 3, Lot 9. 1.3 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 obtain current best management practices for stonmwater 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GLACIER SPRINGS SUBDIVISION / (FP-04-039) Page 3 of 5 • • 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 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. By action of the City Council at its regular meeting held on the ~ day of ~ 1 lJ~i , 2004. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GLACIER SPRINGS SUBDIVISION / (FP-04-039) Page 4 of 5 LJ r i i of Meridian Attest: ~ ,.~~ Fo ~ `~ - SEAL ~ 9G AO ~-- /~ ~' William G. Berg, Jr., Ci y Clerk'~% O cGSt' ~sS ~ ~ P.r~~,:~ q `~~. r'~~~f/;~ Cpl, t A~°T~( . ~O\~~ Copy served upon Applicant, the Planriing.and ~tliiing Department, Public Works Department, and City Attorney. City Clerk's Office Dated: (J ' ~ I -~' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GLACIER SPRINGS SUBDNISION / (FP-04-039) Page 5 of 5 • r' r~ i MAYOR Tamm de Weerd '' ~~ '~ ~ LEGAL DEPARTMENT (208) 466-9272 •Fax 466-4405 Y c1TY of R - CITY COUNCIL MEMBERS ~. `` " ` PUBLIC WORKS Keith Bird '" ~ ~YlG~l~yl ~~ ~~ BUILDING DEPARTMENT ~~ (208) 887-2211 •Fax 887-1297 William L.M. Nary U)AHO j Shaun Wardle ~ y ~ PLANNING AND ZONING Charles M. Rountree '` C~ "'~'~' DEPARTMENT Fk _ .~ (208) 884-5533 • FAX 888-6854 1903 STAFF REPORT: Hearing Date: July 6, 2004 To: Mayor and City Council From: Sonya Allen, Assistant City Planner ~~ John Boyd, Engineering Tech. II Q l/'`e Re: Glacier Springs Subdivision Final Plat approval of Fifty-one (51) Single-Family Residential Building Lots and Six (6) Common Lots on 17.62 Acres in an R-4 Zone, by Tuscany Development, LLC (File No. FP-04-039). 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 applicant, Tuscany Development, LLC, has applied for Final Plat approval of 51 single- family residential building lots and 6 common lots on 17.62 acres of land for Glacier Springs Subdivision. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of 2.9 d.u./acre and a net density of 1.72 d.u./acre. Glacier Springs Subdivision is located on the north side of E. Victory Road, approximately %2 mile east of S. Meridian Road, in the SE '/ of Section 19, T.3N., R.1 E. The common area lots within the subdivision consist of landscape, open space, and drainage lots. The pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Glacier Springs Subdivision with the comments and conditions stated in this report. FP-04-039 EXHIBIT "A" Glacier Springs Sub.FP.doc • Mayor & City Council Hearing Date: July 6, 2004 Page 2 SITE SPECIFIC COMMENTS /FINAL PLAT 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-03-028) and Development Agreement (Inst. No. 104073030). 2. Fencing must be in compliance with MCC 12-4-10. 3. Minimum square footage for house sizes within the subdivision shall be 2,000 s.f. (per preliminary plat FF/CL #H.2. pg. 12). 4. Revise the following note on the face of the plat: a. Note #5: "...regulations of the City of Meridian_ f?'o'-Y'- t1~=~t~~~ A variance will need to be granted for reductions to MCC. 5. The landscape plan shall be revised as follows: a. Relocate the tree shown to the west of the pathway on Lot 2, Block 2 as it is located within a sewer easement. b. A five-foot vinyl fence shall be installed on top of a 2-3 ft. berm along the eastern boundary of the property per Preliminary Plat Finding #H.S., pg. 13. Include a cross section of the proposed berm/fence. c. If Lot 9, Block 3 contains a stormwater drainage swale, contours must be shown. Swale may not be located over the existing sewer easement. d. Include landscaping and 10-foot wide regional pathway along northern boundary adjacent to Ten Mile Creek. The pathway shall meet the City of Meridian Park's Department pathway standards. e. Connect pathway to the regional pathway along Ten Mile Creek. leading from E. Glacier Bay Drive. f. Show lot lines along eastern side of subdivision in Block 2. 5. Submit a recorded public pedestrian easement for the public pathway located on Lot 8, Block 3 prior to signature on the final plat. Also, add a note on the plat of the recorded instrument number referencing the pathway easement. 6. 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. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate FP-04-039 EXHIBIT "A" Glacier Springs Sub.FP.doc Mayor & City Council Hearing Date: July 6, 2004 Page 3 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. 7. The Ten Mile Creek runs across the northerly border of this subdivision. The creek has not been tiled previously and Staff has no objection to this portion of the Ten Mile Creek being left open. 8. 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. 9. Sanitary sewer service to this site shall be via the existing Ten Mile Trunk that passes through the subject property. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. Applicant will be responsible to construct the water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 10. There is an existing sanitary sewer trunk line installed across Lot 9, Block 3 and Lots 1 & 2, Block 2. This sewer trunk line must have a standard 20' easement covering it. Please show this easement on the plat with bearings and distances locating it precisely and add a note on the plat that describes this easement. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. 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. 13. Applicant shall submit a FINAL street name approval letter from the Ada County Street Name Committee prior to signature on the final plat by the Meridian City Engineer. 14. Increase the width of the Public Utilities, Drainage and Irrigation Easement to (13') thirteen-feet across the easterly side (subdivision boundary) of Lots 1-3, Block 3 and Lots 4-14, Block 2. This area has pressurized irrigation transmission mains and gravity irrigation mains within it. FP-04-039 EXHIBIT "A" Glacier Springs Sub.FP.doc Mayor & Cit Council ~~, Y Hearing Date: July 6, 2004 Page 4 15. Increase the width of the Public Utilities, Drainage and Irrigation Easement to (8') eight feet across the southerly side of Lot 2 and 14, Block 3 and Lots 6, 9 and 13, Block 2. This area has pressurized irrigation transmission mains within it. 16. Staffs failure to cite specific ordinance provisions, or terms of the approved Development Agreement or Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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 maybe used for non-domestic purposes such as landscape irrigation. 3. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. 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-04-039 EXHIBIT "A" Glacier Springs Sub.FP.doc o8i31i2004 10:53 FAX 2088886854 MERIDIAN P&Z DEPT. -- City Clerk f~002i002 r :~ r ~~ 93~ C~o A ~w F2~ ~ it ~ I '~~Y KY ~~ 6 9 lity~ ~ ~ ~, ~ -R r~ ~~'.Q. ~~ .g a~~ c~A~ a - ~ ~ ~~~ o s a ~Y Atl ~= -~~ ~ 1, .r a eR~ ~ ~~ ~za ~:~ ~ ~ r=. = ~,,w p . iII Fr - N V ~~ 1 A• ~' F C^~~ ,'~ ~f'.~ h ui .~,`~~?~p 'r~~ ti ~~;iL. ~ ~ r_:r,7.cu~T'~;f~'~'~ ~taao~~sr ru- ~ ~ Q`F. r";A ~~ - x.^ R!-,. r - ~ar~ ~t-"~" - :rNta"! `~°r'~~'• .~. ~_~ ~ 19 , 7[ t I o 3^i . ~E Y7~` ~ ~ l j~ I~ ss ti ~= 9La:.4 a-~~ Z`s~ ~R: ~_`~i ~ A ~ r ' r, ; ~ t~R4 a~ C"L?`'r~a~ rte: ~~+ ~~ 3Z • ~ /A1KU0rpR a M 1'Y~s k _~ a %~ ~~3~+ ~'~~°~ +3 ff ~ ~'-.a:~"' =.~._r ~ ~ --~.• ~ q•~ ~[ ~ V ~4 ~, qA f' ~S:~,~~$ ~~~ a"t7~~y~ ~ ~ ~~ relic :~ Gfi ~r,'~ o~'_~i .~x r a • 7 ~ ~ ~ I.q e ~ tBYt- ~E ~ Y r n ,~ V ~ 8 E ~ ~_r ' ~~ - 0 e N r I - 'v wqr r r 1S , 1 ^• .,~ r •v~ ° ~ - ~ ~ s f, 1i _ ~~ • ~ ~~ ~ i "~'iN 1 ~ ~ 1 -F~ _ ~ - ~r R M ~ M' ~ ~ ~ n ~rj ` ~"~ ,,:s -1 ae L~ d~ w R~ ~ ~" J ~ 5 z 1 ~ + _ y ...~ ~~ b L f., S v a evaTY ~ ~ X:..-... ; .~. ~~ Ya= c~ ~j hAy7 ~ M 6f6'!~! 7~~UT ls~m+Qr;w.~yl ~ n~ z s ~~ ~ 1 v ~ I~~o.e..,, ~~ ~ ~ i ~i~ ~ GT~ i ~,,y~ as y ;,y~ ~~~ ~'",.~.~ s ~~~~~ ~i~~3=~C i p A dYk'~' ii~h~~ y i ~ ~ , y ^ ~R~~ e '~'~ F;xhiAil "P" Q ~ Y y ti x+~ ~ V °o ~~'~ t ~ ~~= c ~;~ ~f~ G Y ~] L C t AUG 31 '04 11 15 2088886854 PAGE.02 08/31/2004 10:53 FAX 2088886854 MERIDIAN P&Z DEPT. -- City Clerk X1001/002 ENG[NEER.SIP~..AN1NEftS/~~yp~ 1800 West Overland Road Boise, Idaho 83705 - 3182 ~loit8 {206) 344-5700 Fax 1208) 3M~ 785 E-mai! kentb@briggs- engineering.com July 6, 2(lt)~ Ma~~c~r and Coi~itcil C.iry of A4~ridian • 2(?{) F. ~Cm•]ton Avenue. Suite lUU tileridian, Idaho $36x32 Ro: Glacier Springs Subdi~'ision (Response to F'it~al flat conditions and request to increase tl~e size of Lit ?,131ock 3.) The developer understands staff s commeaus and is agreement with the removal of Site SpecafiC Cotnmestt # 4. Which str~~as in agreement earlier today. 1'he developer is Also requesting to increase Lot ~, Block 3 by 5,26 Sq l+t. This proposed increase will not affect the required ~% opus space for this subdivision. Currently tlzcre is a total an;a of 76?,312 5q ft in the subdivision, and a% oJ'that total arc;a is 3S,3b5 Sq ;t" With the reclucst~;d »~odifica~taozzs to I.ot 7, Block 3 there is ~'7,~12 Sq :ft, which is sriil 6% of the rcclc~ired conunon area. in the suhdi~rision. ~V•:: request your final plat approval of this subdivision with these requerieci modifications. S incerely, RIGGS ENCr "EEl~'TNCr, Tnc. .~ Kent Dro Land Usc P1~tnner xB:r~ 3070Ssiat]'commGnts r:~I:ibit "13" AUG 31 '04 11 14