2005-05-10
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 10,2005, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
X Shaun Wardle 0 Christine Donnell
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd (arrived at 7:28 pm)
2. Pledge of Allegiance by Josh Fang - Student at Meridian High
School:
3. Community Invocation by Shawn Ragan - Pastor at Meridian Church
of God:
4. Adoption of the Agenda: Approved As Amended
5. Consent Agenda:
A. Approve Minutes of April 12, 2005 City Council Regular Meeting:
Approve
B. Approve Minutes of April 19, 2005 City Council Regular Meeting:
Approve
c. Sanitary Sewer and Water Main Easement for Idaho Uroloaic
Institute: Approve
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners -
985 East Freeway Drive: Approve
Ell Sewer Master Plan Update and Expansion Aareement - JUS
EnQineers: Approve
,
F. Award of Bid for Well 208 Pump House Expansion to Guho
Corporation: Approve
Meridian City Council Agenda - May 1 OJ 2005 Page 1 of 3
All materials presented at public meetings shalJ become property of the City of Meridian.
AnYOne desiring accommodation for disabilities rerated to documents and/or hearing
Please contact the City ClerkJs Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
( ....
G. Contract with Custom Electric for Telemetry Installation at Size
Lift Stations: Approve
H. Well 26 Production Well Chanae Order No.1 (Final) - Treasure
Vallev Drillina: Approve
6. Department Reports:
A. City Council President
1. Proclamation: Letter Carriers Food Drive Day -
Saturday, May 14, 2005
2. Proclamation: Water Awareness Week - May. 9 to 13,
2005
7. Items Moved from Consent Agenda: None
8. Tabled from May 3,2005: FP 05-028 Request for Final Plat approval for
114 single-family residential building Jots and 23 common lots on 41.05
acres in a R-4 zone for Saauaro Canyon Subdivision No.2 by Farwest,
LLC - north of East McMillan Road and east of North Meridian Road:
Approve
t'Although the City of Meridian no longer requires sworn testimony! all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter. JJ
9. Continued Public Hearing from May 3, 2005: MI 05-003 Request for a
Miscellaneous approval to operate a fruit and vegetable stand in a C-G
zone for Richard Handke by Richard Handke - 97 Main Street: Approve
10. Public Hearing: CUP 05-011 Request for a Conditional Use Permit for a
daycare facility for 6-12 children for Stephanie Edwards by Stephanie
Edwards - 1537 West 15th Street: Approve Findings of Fact and
Conclusions of Law for Approval
11. Public Hearing: PP 05-010 Request for a resubdivision of Lots 4 & 5,
Block 1 of Bonito Subdivision for Preliminary Plat approval of 9
commercial building lots and 1 other lot on 4.06 acres in a C-G zone for
Bonito Subdivision No~ 3 by Travis Burrows for Dave Evans
Construction - 3041 & 2967 East Copperpoint Drive: Approve Amended
Findings of Fact and Conclusions of Law for Approval
Meridian City Council Agenda - May 10,2005 Page 2 of 3
All materiars presented at public meetings shaH become property of the City of Meridian.
AnYOne desiring accOmmOdation for disabilities related to documents and/or hearing
Please contact the Cjty Crerkts Office at 888-4433 at feast 48 hours prior to the pubric meeting,
(roo 00 .
12. Public Hearing: RZ 05-003 Request for a Rezone of 4~42 acres from a
R-8 PO zone to a C-N zone for Quenzer Commons Commercial by
Landmark Propertiesf LLC - west of Locust Grove Roa9 and north of
Heritage Park: Approve Findings of Fact and Conclusions of Law for
Approval
13. Presentation Update on North Meridian Plan Project: Brad Hawkins -
Clark
14~ Ordinance No. 05-1152 : AZ 05-006 Request for Annexation and
Zoning of 76~29 acres from RUT to R-4 zone for Zebulon Heiahts
Subdivision No.2 by Traditions by Amyx II, LLP - south of East McMillan
Road and east of North Locust Grove Road: Approve
15. Ordinance No. 05-1153: AZ 04-029 Request for an Annexation
and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood
Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway
Drive: Approve
16. EMS Levy Election Discussion: Prepare Letter
17. Executive Session as per Idaho State Code 67.2345 (1) (b) and (c):
Meridian City Council Agenda - May 1 Ot 2005 Page 3 of 3
AU materials presented at pubric meetings shari become property ,of the City of Meridian.
AnYOne desiring accommodation for disabHities reJated to documents and/or hearing
Please contact the City Clerkrs Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 10, 2005, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
() Christine Donnell
~ Keith Bird
Mayor Tammy de Weerd ~/\rd ~ 7:. zf3l'n-
2. Pledge of Allegiance: J"rh. F~ - d~~JI~ ~+ mil..!"
3. Community Invocation by J'hawiL- I< ~ ~ - /)? .tnJl~~ C~~ a to Go d-,.
;<
X
Shaun Wardle
Charlie Rountree
4. Adoption of the Agenda: as- If/l~
5. Consent Agenda:
A. Approve Minutes of April 12, 2005 City Council Regular Meeting~ ~v<-
B. Approve Minutes of April 19, 2005 City Council Regular Meeting:
C" Sanitary Sewer and Water Main Easement for Idaho Uroloaic
Institute: ~v.<-
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of 8..58 acres from RUT zone to C-G zone for
Cottonwood lane by Tom Holliday/Cottonwood Lane Partners -
985 East Freeway Drive: dl.rfpv-o~
E. Sewer Master Plan Update and Expansion Aareement - JUS
Enaineers: ~PV'-L
F. Award of Bid for Well 20B Pump House Expansion to Guho
Corporation: 7J?Y()~
G. Contract with Custom Electric for Telemetry Installation at Size
Lift Stations: ~ ~
Meridian City Council Agenda - May 1 o. 2005 Page 1 of 3
AU materials presented at public meetings shaH become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing
Please contact the City Clerkts Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
(-
H. Well 26 Production Well Change Order No. 1 (Final) - Treasure
Vallev Drillina: M. ,,..,..vv-
6.. Department Reports:
A. ~ayor's Gffico aJ-, C#~~ jJreS"/~
1. Proclamation: Letter Carriers Food Drive Day -
Saturday, May 14, 2005
2.. fYbc-{(J.~: Wtk-~ Ij-wal-GnLS's W~~ L /Vt.4' '1-/1, 2.~oS
7. (Items Moved from Consent Agenda)
1~/though the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter~ "
8. Tabled from May 3, 2005: FP 05-028 Request for Final Plat approval for
114 single-family residential building lots and 23 common lots on 41 ~05
acres in a R-4 zone for Saauaro Canyon Subdivision No.2 by Farwest,
LLC - north of East McMillan Road and east of North Meridian Road: ~f7T1JVVL-
9. Continued Public Hearing from May 3, 2005: MI 05-003 Request for a
Miscellaneous approval to operate a fruit and vegetable stand in a C-G
zone for Richard Handke by Richard Handke - 97 Main Street: ~~
10. Public Hearing: CUP 05-011 Request for a Conditional Use Permit for a
daycare facility for 6-12 children for Stephanie Edwards by Stephanie
Edwards -1537 West 15th Street: tk/'flr-P~ r/~ f~/~ -hrr ~
11. Public Hearing: PP 05-010 Request for a resubdivision of Lots 4 & 5,
Block 1 of Bonito Subdivision for Preliminary Plat approval of 9
commercial building lots and 1 other lot on 4.06 acres in a C-G zone for
Bonito Subdivision No.3 by Travis Burrows for Dave Evans
Construction - 3041 & 2967 East Copperpoint Drive:
tPv~y~ a",..,~~d.- -F1,c I c./~ H.r ~v~
12. Public Hearing: RZ 05-003 Request for a Rezone of 4~42 acres from a R-
8 PO zone to a C-N zone for Quenzer Commons Commercial by
Landmark Properties, LLC - west of Locust Grove Road and north of
Heritage Park: ~r-~V'"~ /11' ferA ~ ,;vj1rC'v~
13. Presentation Update on North Meridian Plan Project: j?;ry-ad HPwlt:~J -a~/L.-
14. Ordinance No. &~ - I / ~~ AZ 05-006 Request for
Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon
HeiQhts Subdivision No.2 by Traditions by Amyx II, LLP - south of East
McMillan Road and east of North Locust Grove Road: ~ov--c.....
Meridian City Council Agenda - May 10J 2005 Page 2 of 3
AU materjals presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabHities related to documents and/or hearing
Please contact the City ClerkJs Office at 888-4433 at feast 48 hours Prior to the PUbliC meeting.
0:....'1": .
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.. .
15. Ordinance No. t/ ~ - if ~3 AZ 04-029 Request for an
Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood lane by Tom Holliday/Cottonwood Lane Partners - 985
East Freeway Drive: ~p v...c,....
{" ~ ~ /JA. f" Lev,? e /..e,.c;~ At, GUJ r, ~ :
~rAA- prLp~L
(7~ ~~.e~V"~ SLS'r,;~ a,r ~ (J~ '7-Z:3+S(I)(b)/(c):
~ q.r?~ ph-'
Meridian Cjty Council Agenda - May 101 2005 Page 3 of 3
AU materjals presented at public meetings shaH 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.
June 3, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
June 7, 2005
ITEM NO.
5-A
REQUESf Approve Minutes of May 10/2005 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH;
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
~
Contacted:
Emailed:
Date:
Staff Inifials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council MeetinQ
Mav 1 0, 2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, May 10, 2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie
Rountree.
Members Absent: Christine Donnell.
Others Present: Ted Baird, Will Berg, Anna Canning, Brad Watson, Brad
Hawkins-Clark, Bill Johnson, John Overton, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
X Shaun Wardle Christine Donnell
X Charlie Rountree X Keith Bird
1- Mayor Tammy de Weerd
Wardle: I'd like to welcome everyone to the May 10th, 2005, meeting, City Council
regular meeting, for the City of Meridian. And I will begin with roll call attendance.
Item 2:
Pledge of Allegiance:
Wardle: We are going to begin with our pledge of allegiance and we'd be honored if
Josh Fong, our resident Warrior, would lead us in the pledge.
Item 3:
Community Invocation by Shawn Ragan, Meridian Church of God.
Wardle: Thank you, Josh. Item 3 is our community invocation and I would like to invite
Shawn Ragan of the Meridian Church of God.
Ragan: Thank you, Members of the Council. Shall we pray. Father, we once again
come before you this evening, Lord, to ask for wisdom and guidance upon our city,
upon our City Council this evening, Lord, as they go about doing the business of our
city, Lord, we just pray that you would give them wisdom and guidance, give them clear
direction in what they are doing. Father, we just pray for your blessings upon Meridian,
we pray for your blessings upon those who serve the city, our City Council, our Mayor,
those in the police and fire department. Lord, we just pray that you would watch over
Meridian, keep us safe and guide us in all that we do~ We thank you for your presence~
We thank you for your time and we thank you in Jesus. namef amen~ Thank you.
Item 4:
Adoption of the Agenda:
Wardle: Thank you. Item No~ 4 is adoption of the agenda.
Meridian City Counci I
May 10t 2005
Page 2 of 37
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Bird: Mr. President?
Wardle: Mr9 Bird.
Bird: We do have a couple. Under Department Reports, Presidenfs Office, we need to
add an Item No.2, a proclamation for Water Awareness Week and also at the end, Item
No. 16, with your permission, Mr. President, I'd like to add the EMS decision discussion
by Mayor and Council, if the Mayor is back~ If not, the Council. We need to make a
decision on that~
Wardle: Okay~
Bird: With that I would move that we approve the agenda.
Rountree: Second.
Wardle: It's been moved and seconded to approve the agenda~ All in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5:
Consent Agenda:
A. Approve Minutes of April 12, 2005 City Council Regular Meeting:
B. App-rove Minutes of April 19, 2005 City Council Regular Meeting:
c. Sanitary Sewer and Water Main Easement for Idaho Uroloaic
Institute:
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners -
985 East Freeway Drive:
E. Sewer Master Plan Update and Ex~ansion AQreement - JUS
Engineers:
F. Award of Bid for Well 20B Pump House Expansion to Guho
Corporation:
G. Contract with Custom Electric for Telemetrv Installation at Size
Lift Stations:
H. Well 26 Production
c.:
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Meridian City Council
May 10t 2005
Page 3 of 37
Wardle: Item N09 5 is the Consent Agenda.
Bird: ML President?
Wardle: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the President to
sign and the Clerk to attest on all proper papers.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve the Consent Agenda and I will call
ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
Wardle: Consent Agenda is approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6:
Department Reports:
A. Mayor's Office
1. Proclamation: Letter Carriers Food Drive Day -
Saturday, May 14, 2005
Wardle: Item No. 6 is Department Reports. I have two proclamations that I will be
reading here. The first is a proclamation, Item No.1, Letter Carriers Food Day Drive.
Proclamation. Whereas the National Association of Letter Carriers, NALC, and the U.S.
Postal Service in the City of Meridian and Ada County, have organized a food drive and
whereas the Postmaster General has recognized this effective and unique door to door
food drive and designated this event as a national community service project of both the
NALC and the U~S. Postal Service in Meridian in more than 10,000 other locations
around the country and whereas in Girl Scouting girls grow strong, gain self confidence,
and leadership, whereas an estimated 30 million people go hungry every day in
America, including more than 12 million children, in Idaho approximately 66,300 Idaho
families worried that they could not afford to buy food and 20,812 families had members
who went actually hungry and whereas there are about 68,400 working poor in Idaho
and the working poor continues to be a growing segment of the population in Meridian
and Idaho as Idaho continues to lose manufacturing jobs, which are replaced by lower
paying service jobs and whereas the Idaho Food Bank distributed 5.45 million pounds of
food to more than 200 partner agencies in 2005 and because it depends on its friends
of the U.S. Postal Service and postal patrons for this support, therefore, I, Shaun
Wardle, City Council President of the City of Meridian, do hereby proclaim Saturday,
May 14th, 2005, as Letter Carriers Food Drive Day, urging all members of the Meridian
Meridian City Council
May 1 Of 2005
Page 4 of 37
community to generously respond to the needs of the Idaho Food Bank and to the
invitation of the National Association of Letter Carriers to become part of the solution to
the hunger in Idaho.
2: Proclamation: Water Awareness Week:
Wardle: Item No. 2~ We have a proclamation. Whereas, the Water Awareness Week
Program began in 1994 to provide water education to Idaho sixth grade students and
whereas the objective is to help the sixth graders to understand how important water is
in their daily lives and whereas the statewide program is implemented by the six
regional committees, which Region Three committee covers ten counties in southwest
Idaho and whereas the theme for this year is groundwater and whereas teachers
throughout the area will be utilizing materials distributed in an effort to explain
groundwater movement, sources of contamination and well drilling, therefore, I, Shaun
Wardle, City Council President of the City of Meridian, do hereby proclaim the week of
May 9th through the 13th, 2005, to be water awareness week in the City of Meridian
and urge all of our citizens to be aware of the importance of water in our community.
Item 7:
(Items Moved from Consent Agenda)
Wardle: Thank you very much. Item No~ 7, items moved from the Consent Agenda.
There are none.
Item 8:
Tabled from May 3,2005: FP 05-028 Request for Final Plat approval for
114 single-family residential building lots and 23 common lots on 41 ~05
acres in a -R-4 zone for Saguaro Canyon Subdivision No.2 by Farwest,
LLC - north of East McMillan Road and east of North Meridian Road:
Wardle: Moving to Item No.8, tabled from May 3rd, 2005, is FP 05-028. I will begin
with staff comments.
Canning: President Wardle, Members of the Council, this item is Saguaro Canyon
Subdivision No. 2~ les located north of McMillan, about midway between Meridian and
Locust Grove. This is a final plat application. They have proposed 114 single-family
residential lots and 23 common lots on 41 ~05 acres. I think this is one of the largest
final plats we have ever seen. The PD that was approved for this project did allow
reductions to lot size, house size, street frontage, and cul-de-sac length~ These are the
two pages of that final plat~ The gross residential density is 2.8 dwelling units per acre
and the net residential density is 3.5~ Staff is recommending approval. Did want to
highlight some of the issues. They were required to have a 20-foot temporary
emergency access to Meridian Road. It is shown here. It's on an existing flag lot that
was originally part of the preliminary plat proposal that provided access to the Boyak
property~ This is an interim fix. It's just an emergency access road. Once they hit 236
lots this one has to go away forever and they have to have a secondary access road to
the propertYa So, that would either be through Ventana or -- Ventana to the west or
something else to the east. SOr J did just want to mention those two items. There are
Meridian City Council
May 10J 2005
Page 5 of 37
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nine fewer lots than the approved preliminary plat, but when you're talking about a 114-
lot plat, staff feels it is still in substantial compliance with the approved preliminary plat.
The letter has submitted -- or the applicant has submitted a letter agreeing to the
conditions of approval.
Wardle: Okay. Thank you, Anna. Council, staff is recommending approval and the
applicant has agreed with all conditions.
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: This don't say, but I thought this was a continued Public Hearing, isn't it? Itls
down under the public hearings. It donrt say it, but -- and I can remember -- it shouldn't
have been for a final plat.
Wardle: Mr. Bird, ifs says it's tabled. Irs not a continued Public Hearing.
Rountree: It's for their plat approval.
Bird: Okay. With that, Mr. President, I move we approve FP 05-028, request for final
plat approval of Saguaro Canyon Subdivision No. 2 and to incorporate all staff and
written comment from applicant.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item NO.8. Mr. Clerk, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
Continued Public Hearing from May 3, 2005: MI 05~003 Request for a
Miscellaneous approval to operate a fruit and vegetable stand in a C-G
zone for Richard Handke by Richard Handke - 97 Main Street:
Wardle: Thank you. Item No.9 is a continued Public Hearing from May 3rd, 2005, on
MI 05-003. J will open the Public Hearing with staff comments.
Canning: Mr. President, Members of the Council, this is a request by Richard Handke
for a fruit and vegetable stand. It will be located at Main and Franklin. The whole
property is shown here, but as you see on the aerial, they will only be using the front
part of it that is right along Meridian and Franklin. It won't extend -- I mean, sorry, Main
Street and Franklin. It won't extend to Meridian. There we go. This is a miscellaneous
application for a temporary use. As you know} the City Council has been doing these
C.. .....
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Merid ian Ci ty Cou ncil
May 10, 2005
Page 6 of 37
until staff can rewrite the ordinance so that these are a staff approval. I have a site
plan~ It is on the overhead, so it will take me just a second here. There you go. The
applicant is proposing a 32,000 square foot building, so itls 40 by 80, as shown here,
and it would just be a temporary tent, so it would not be a permanent structure. Staff is
recommending that it be approved through November 1 st, 2005. This would get him
through Halloween pumpkin sales. The hours of operation would be 1 0:00 a.m. to 7:00
p.m., Monday through Saturday, and 11 :00 a.m. to 5:00 p.m. on Sunday. There
appears to be sufficient area for off-street parking. The applicant has not provided a
striped parking lot or anything of that nature, so staff is pretty comfortable that there is
sufficient area. The applicant has agreed to place a dustless material on those parking
areas. He's also agreed to the hours of operation and the days of operations as well.
So, the only outstanding question I think we had was whether or not fireworks would be
sold at this property as well. The applicant typically has fireworks stands across the
county, so we weren't sure jf that would be included with the approval and I just wanted
to remind the Council that on this one we would -- you would be directing staff to
prepare an order of decisionf rather than findings4 Thatfs all.
Wardle: Thank you, Anna. Questions for staff?
Bird: Mr. President?
Wardle: Mr. Bird.
Bird: Anna, that -- if he wants to sell fireworks, he would still have to come back through
and purchase the license -- the fireworks license; right?
Canning: Yes, sir.
Bird: That's all I have, Mr. President.
Wardle: Thank you.
Berg: Mr. President?
Wardle: Mr. Berg.
Berg: If I could address the fireworks permits. They were required to provide an
application by April 15th and he has done so for this site, so thafs in the process of
being distributed to the departments and approved. But that1s as per our ordinance. les
that far in advance.
Bird: Mr. President?
Wardle: Mr. Bird.
Meridian City Council
May 10t 2005
Page 7 of 37
Bird: Mr. Clerk, that would be, then -- that's with the fire department now, these permits,
or --
Berg: Mr. President, Councilman Bird, the application is distributed through the
departments, so each one has an opportunity to address whatever issues there may be,
primarily it is under the direction of the fire department for their approval.
Wardle: So, then, Anna, a follow-up question would be that within this miscellaneous
permit, if the applicant has applied and it is approved through the normal ordinance
process, that would -- they would be approved through an already existing permit and
ies not part of this application; right?
Canning: Not exactly.
Wardle: Not exactly?
Canning: This issue with this particular site is because there is no retail use on the site,
we canlt deem this an accessory use and that's why we have asked them to do the
miscellaneous application for their temporary use~ Most of the other fireworks stands
are either in the county or they are on sites where there is a retail use or a commercial
use approved~ So, this is unusual in that it is zoned for commercial, which is one of the
requirements for the fireworks stands, but it does not have an actual commercial use on
it. So, it would be important to add it to this approval.
Rountree: Mr~ President?
Wardle: Mr. Rountree.
Rountree: Question for Anna and acting police chief~ This would create, one, a
destinationf but also an impulse buy situation and you have got access off of Main
Street and Franklin at a fairly busy intersection and I don't see any comments from
ACHD, I don1t see any comments from the police department. It seems to me that
appropriate signage and/or markings ought to be there to accommodate those kinds of
reactions for the drjver~ I can see right and left turns on Franklin creating a problem and
they are, obviously, not going to be able to make left turns on Main Street, but there
could be some issues there and I don't -- can't tell by the drawing. I guess they do have
the distance on where the access points are, but are there any others curb cuts that
could be utilized that maybe need to be blocked or--
Canning: The applicant may be better able to address the curb cuts. This site has -- is
used frequently, as you know, for these things and to my -- this is the first time we have
made someone come through based on the past decisions of the Council, to go ahead
and bring these forward as temporary uses. So, this is the first time we required it. To
my knowledge, there hasn1t been a real problem out there with the temporary uses.
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Meridian City Coun eil
May 10t 2005
Page 8 of 37
Overton: Mr. President, Members of the Council, I think you have a valid concern with
any left turns onto Franklin Road. It is a right turn only onto Main Street, because of the
curbs that are already existing in the middle of the road, but we would have to look
seriously at this request for signagef so there is right turn only onto Franklin Road from
that dirt lot. We don't have a high incident rate from the fireworks stand that operates
there, so I don't have a history showing that it's been a dangerous place to operate a
business.
Rountree: Okay. Thank you. That's good information. Appreciate it.
Wardle: Thank you. Would the applicant, please, come forward with comments and
begin by stating your name and address for the record, please.
Handke: Richard Handke, 3565 West Muirfield Drive, Meridian, Idaho. Pertaining to
the access of traffic, I can't really see a problem. I can see your suggestions and stuff,
but the Home Federal Bank is right on the same corner and uses the same entrance as
will be used to come into the produce stand and there hasn't been too much of a
problem there that I'm aware of. 1 don't have any facts on that, but -- other than that,
that's --
Wardle: Other questions of the applicant?
Rountree: I have no questions.
Bird: I have none.
Wardle: Just to clarify, Mr. Handke, for the record, you do intend to operate a fireworks
stand at --
Handke: Yes, I do. And at the time that we sell the fireworks will have no produce in
there and just strictly sell the fireworks and, then, we will continue to come back in and
sell the produce here.
Wardle: Okay~ Thank you.
Canning: Mr. President, I did want to point out -- I had forgotten.. There is a condition of
approval that says if off-street parking creates a potential traffic hazard and/or the police
or Planning and Zoning Department determines a potential hazard exists at anytime, the
city reserves the right to revoke the temporary use permit.
Wardle: Thank you very much.
Handke: Okay. Thank you.
Wardle: This is a Public Hearing. Is there anyone else that would wish to testify on this
application? Hearing no. further testimony --
Meridian City Council
May 1 0, 2005
Page 9 of 37
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Bird: Mr~ President?
Wardle: Mr. Bird.
Bird: I move we close Item No~ 9~
Rountree: Second.
Wardle: Itls been moved and seconded to close the Public Hearing on Item No. 9~ All
in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT~
Rountree: Mr. President?
Wardle: Mr. Rountree~
Rountree: I move that we approve the request in Item No. 9 for a Conditional Use
Permit.
Bird: Second~
Wardle: It's been moved and seconded --
Rountree: With the decision of order.
Bird: Second agrees~
Wardle: With the decision of order. And is that also to include applicanes comments on
the operation of the fireworks stand?
Rountree: Yes.
Wardle: Okay. It's been moved and seconded to approve Item No~ 9~ Mr. Berg, will
you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES~ ONE ABSENT.
Item 10:
Public Hearing: CUP 05~011 Request for a Conditional Use Permit for a
daycare facility for 6-12 children for Stephanie Edwards by Stephanie
Edwards - 1537 West 15th Street:
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May 10, 2005
Page 10 of 37
Wardle: Thank you. Item No. 1 0 is a Public Hearing, CUP 05-011, request for a
Conditional Use Permit for a day care facility for Stephanie Edwards. I will open the
Public Hearing with staff comments.
Canning: President Wardle, Members of the Council -- I can just say councilmen today,
can't I? There we go. This project is located on West 15th Street. It's east of Linder
and south of Cherry. The application is asking for a Conditional Use Permit9 The
applicant wishes to operate a group child-care facility. That designation would allow up
to 12 children. However, the limit in this case will be set more by the fire department
standards based on livable space. So, the maximum would be 12, but we anticipate
less, given that it's only a one thousand square foot structure as shown here. So, the --
really, the fire department standards will dictate how many children can be in there. The
Planning and Zoning Commission has recommended approval. The key issues of
discussion were staff parking and, then, the total number of children, as I have
described the issue to you. To our knowledge, there are no outstanding issues before
City Council.
Wardle: Thank you, Anna. Questions for staff?
Bird: I have none, Mr. President.
Rountree: I have none.
Wardle: If the applicant would like to come forward for comments. And if you will begin
by stating your name and address for the record, please.
Edwards: My name is Stephanie Edwards and I live at 1537 West 15th Street and I'm
here representing my request for a group day care~
Wardle: Thank you.
Edwards: I don't really have any comments.
Wardle: Okay. Are there any questions of the applicant?
Rountree: Mr. President?
Wardle: Mr. Rountree.
Rountree: Mrs. Edwards, do you have an idea of how many children you wish to
accommodate? Are you going to have staff? And I'll start with those two questions and
may proceed ~
Edwards: Just myself and J'd like to keep around -- between six to eight kids. Six full
time, hopefully, with an overlap of two or three part time sometimes.
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Meridian City Council
May 10, 2005
Page 11 of 37
Rountree: And I canrt tell from the drawing, but I assume your yard is fenced?
Edwards: Yes.
Rountree: Okay~ Thank you.
Wardle: Thank you. If there are no further questions --
Rountree: ML President?
Wardle: Mr. Rountree.
Rountree: Are there any covenants in your neighborhood that would restrict this use?
Edwards: Not that I know of.
Rountree: Okay~ And are there additional day care type facilities within the
neighborhood as well?
Edwards: There are a Jot of larger day cares around the areaJ but there aren't small in-
home day cares right there on that block that I know of. I think there is one a few
streets over.
Rountree: Thank you.
Wardle: Any further questions for the applicant?
Rountree: I have none.
Wardle: Thank you very much. This is a Public Hearing. Is there anyone else that
would like to offer testimony on Item No~ 1 O? Hearing none, additional issues, staff?
No? Mr~ Rountree.
Rountree: I have a question for Anna and probably the applicant. We aren't seeing a
garage conversion here, are we, and an issue with residents and requirements for a
garage space and those sorts of things?
Canning: Council President Wardle, Council member Rountree, not to my knowledge.
The only site plan I have is this one and I haven't seen a facility plan. But to my
knowledge she is not converting her garage, but that would be an appropriate.
Rountree: I see a nod to affirm your comment from the applicant that she1s not
proposing to convert the garage.
Wardle: If there are no additional comments, I would entertain a motion to close the
Public Hearing.
Meridjan Ci ty Coun cil
May 10t 2005
Page 12 of 37
Rountree: So moved~
Bird: Second.
Wardle: It's been moved and seconded to close the Public Hearing on Item No. 1 O. All
in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Bird: ML President?
Wardle: ML Bird.
Bird: I move that we approve CUP 05-011 for Stephanie Edwardsl Conditional Use
Permit for a day care facility for six to 12 children and to incorporate staff and applicant
comments and also to ask for Findings of Facts, Conclusions of Law, and Decision of
Order.
Rountree: Second.
Wardle: Ifs been moved and seconded to approve Item No.1 0 with findings. Mr. Clerk,
please call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES~ ONE ABSENT~
Item 11:
Public Hearing: PP 05-010 Request for a re-subdivision of Lots 4 & 5,
Block 1 of Bonito Subdivision for Preliminary Plat approval of 9
commercial building lots and 1 other lot on 4.06 acres in a C-G zone for
Bonito Subdivision No" 3 by Travis Burrows for Dave Evans
Construction - 3041 & 2967 East Copperpoint Drive:
Wardle: Item No. 11 is Public Hearing PP 05-01 0, request for a re-subdivision of Lots 4
and 5, Block 1, of Bonito subdivision for preliminary plat. I will open the Public Hearing
with staff comments.
Canning: President Wardle, Councilmen, this is Bonito Subdivision No~ 3. It's located
west of Eagle Road on Copperpoint Drive. It's a preliminary plat for nine build-able lots
and one common lot on 4,,06 acres~ As you can see, itls in the EI Dorado Subdivision
and is currently undeveloped. It is zoned C-G. The applicant is proposing nine lots.
You can see the build-able lots kind of are highlighted here. You can see their outline.
This is the actual site plan, which is a little bit easier to read, as far as the traffic flow~
The subdivision will eventually accommodate 42.285 square feet of commercial
development That would be in nine buildings, so you get an average about 4,700
Meridian City Council
May 1012005
Page 13 of 37
square feet per building. So, these are much smaller buildings than were originally
anticipated for these two properties. Their proposed use is for office and retail and P&Z
has recommended approval. The key issues of discussion were primarily about building
height and lighting that pertains to the development agreement for the EI Dorado
subdivision in general. There was also discussion regarding the construction of a
walking path along the Ridenbaugh prior to new building permits being issued and the
Ridenbaugh is to the south of this property along there. And it's our understanding the
applicant has conducted a neighborhood meeting since the Planning and Zoning
Commission meeting, so they may be able to provide some additional information on
resolving some of those neighbor conflicts that came up that njght~ And most of those
were related to the development of EI Dorado Business Park as a whole, not
necessarily pertinent to this site. So, the outstanding issues would be the height,
lighting, and pathway construction as it pertains to the subdivision. The height -- these
are proposed to be one-story structures, so they would be well within the height limit.
The pathway construction does seem to be the outstanding issue. Staff has informed
Jonathan Seal that we will not release another building permit south of Copperpoint
Drive until that pathway has been constructed.. It was -- again, it was part of the original
approval, but there was -- there were problems with the Ridenbaugh actually leaking, so
they didn't want them doing any construction near the Ridenbaugh until they figured out
a solution to that problem. Well, the Ridenbaugh has been lined now, so it's stable and
they can go ahead and do the construction of the pathway. So, that pathway
construction does need to be done and that is all of staff's presentation.
Wardle: Thank you, Anna. And J'd like to welcome Mayor de Weerd to the meeting and
offer either my services as chair through the end of this Public Hearing or to turn it over,
whichever you would prefer.
De Weerd: Why, thank you, Councilman Wardle. Is the applicant here tonight? Please
state your name and address.
Burrows: My name is Travis Burrows with Dave Evans Construction, 5561 North
Glenwood Streetf here representing Dave Evans on the subdivision - re-subdivision of
Lots 4 and 5~ And, first, I wanted to make a comment, I was under the impression that
we were able to not bypass -- postpone the walking path until at least the common
areas were developed at the south end of the property, so that there was no further
damage to that and -- but I may not have all the information on that, so --
De Weerd: Ifs certainly not my recollection. Anna, can you -- do you have clarity on
that?
Canning: Well, we sent a memo in June 11 th of 2004 outlining the problem. Brad
issued -- Brad sent out another e-mail immediately after the Planning and Zoning
hearing discussing the issue. I think some of the miscommunication may be in that a
CZC was applied for this site, it was denied based on some Public Works issues.
Public Works has indicated they would release it under certain conditions, but this was
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Meridian CUy Coun cil
May 10~ 2005
Page 14 of 37
an outstanding condition for the subdivision as a whole as it applies to it. So, I think
that's where the confusion is.
De Weerd: Okay. So, I donlt know, maybe it's because I got here late. So, what was
the answer? That it needs to go in first?
Canning: I believe -- yes.
De Weerd: Okay. Thank you.
Rountree: Before building permits are issued.
De Weerd: Before building permits are issued.
Canning: Yes.
De Weerd: Okay. Does that clarify that for you?
Burrows: (guess. Yes. I may not have all the information. I will contact Jonathan Seal
and see if they had received that, because as far as Dave Evans, that's the first J have
heard of that, so --
De Weerd: Is there anything further?
Burrows: J have no other comments. Other than we did hold a neighborhood meeting.
It was last week. Met with Mr. and Mrs. Hornbaker at their residence and as well as a
few other residents abutting the Ridenbaugh Canal there where the folks that had the
most concern with that area, so --
De Weerd: Okay. Council, do you have any questions?
Bird: I have none.
De Weerd: Okay. Thank you. I have two people signed up to indicate their neutrality
on this application. Loren Hornbaker. Would you like to provide testimony? If you will,
please, state your name and your address.
Hornbaker: My name is Loren Hornbaker. I live at 2918 East Green Canyon and we
did have a meeting at our house with Jonathan Seal and Dave Evans Construction and
also Mr. Moore was there. Jonathan Seal and Mr. Moore want to put the path off until
most of the construction is done as far as the lots, the roads, the curbs, the gutters,
maybe even the buildings. I don't know how far, butt anyway, they told us that there
would be less chance for damage to it and they promised it would be in. But whatever -
- you know, I'm not saying that they should be put it in or they shouldnrt be put it in
immediately~ It would be better, I think, if we got it in. But that was their reasoning, was
that they didn't want to interfere with the construction, with backhoes backing over the
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Meridian City Coun eil
May 10, 2005
Page 15 of 37
sidewalk and tearing it up and causing rework. But the only other things that we
brought up at the meeting was lighting and we were told the lighting would not be --
there would be no street lighting, other than what is existing on Copperpoint. All of the
other lighting would be -- on the buildings would be soffit lighting or a ground lighting
that would not give a reflection into the neighborhood across the canaL I think from and
if they stick with it, J think itls great. You know, I think we have what they showed us in
this print, ies much better than what it was going to be before accomplished something.
Really. So, that's alii have. Thank you.
De Weerd: Thank you so much. Okay~ Ellen Haren.
Haren: Thank you, Mayor and Council. My name is Ellen Irene Haren. I live at 2896
East Green Canyon Drive, directly behind the planned development~ After attending the
zoning and planning meeting April 7th of this year, I called the zoning and planning
commission the next day, April 8th, with many questions and concerns. I talked to Joe
Guenther, who told me he would find out and send me the information J desired. I never
heard from him again. Not by phone or mail. However, I did find out most of the
information from other sources, especially from Mr. Burrows, who was very helpful. But
I felt very disappointed that we had been told that the zoning and planning -- that we
could call them and that they would tell us -- in fact, I said should I come there and he
said, no, because it would take several days to get the information I desired~ Because
of some very serious -- some serious misunderstandings and possible violations by the
EI Dorado Business Campus, lid appreciate the things that Mr~ Burrows assured us be
put into writing. Some of the things EI Dorado told us were misleading~ Number one,
that I would really like in the actual -- in writing there be no parking lot lighting in Bonito
Subdivision and this was one thing that Mr~ Burrows -- we didn't think of that. He stated
to us in the neighborhood meeting that that would be the case. So, I would like it in
writing, so that nobody changes it later~ Number two, that the outside building lighting
be downcast, shielded, or recessed, so that lights do not directly shine on any
residential buildings~ Number three, I added this one, because, you will see in a minute,
no bright orange or other glaring street lights with 360 degree illumination, similar to
those in the EI Dorado Business Campusf be placed in the Bonito Subdivision. Mr.
Travis already -- I mean Mr~ Burrows, excuse me, already verbally stated these
conditions, but I would really like them specifically put in, because of the following: In
the City of Meridian memorandum for the El Dorado Business Campus, application
summary dated December 4th, 2001, general comments, page 12, item six, it states:
Outside lighting shall be designed and placed as not to direct illumination on any nearby
residential area in accordance with the city ordinance. This condition is currently being
violated by EI Dorado Business Campus. Hopefully, more specific lighting requirements
for Bonito will prevent this from happening in the Bonito Subdivision. Thank you very
much.
De Weerd: Thank you.
Canning: Madam Mayor?
Meridian City CouncU
May 1 0, 2005
Page 16 of 37
De Weerd: Yes, Anna.
Canning: May I ask -- oh, there it is~ Ellen Irene Haren~ I would just like to state that J
will make sure that Mr. Guenther contacts Mrs. Haren and apologizes for not returning
her phone call earlieL
De Weerd: I appreciate that. Anna, could you respond to the city's condition about
lighting?
Canning: About the street lighting or the site lighting, Madam Mayor?
De Weerd: Both.
Canning: The site -- the site lighting is -- is required to be full shielded~ The -- I think
the -- and the lighting that is being proposed with the soffit lighting and the downcast
lighting would qualify as fully shielded. So, J think that adding those conditions would
provide some assurance for those neighbors and I think it is consistent with the style of
development that we -- that we see before us today. Regarding the street lights, I think
it's been unclear on some of the streetlights as to what qualifies as fully shielded. I think
that as they have been described to me, they do not appear to be fully shield in that the
lamp is not within the shielded area. They are capped, so they have some shielding to
prevent direct up lighting, but it doesn1t prevent the glow of the bulb~ It's kind of an
antique style light bulb, as I understand it It's unclear to me as to -- if the streetlights
are under the same requirements as the development on the property. This is in the
right of way, so ies not on those -- that propertYJ but --
De Weerd: 11m sorry, ma'am. Since this is still part of maybe your questioning, if you
will come up. You can come up to the podium. I did ask her to respond to your
question, so --
Haren: I'm sorry. She said there was -- they were only in the streetlights. Thatrs not
true. They are a lot of the properties that have been already developed. Besides, they
are -- even in antique -- the heritage antique building, there are two in the parking lot
that are even south of Copperpoint, but they are throughout the whole subdivision, not
just in the streetlights, but around the buildings. The Key Bank probably has at least
eight or ten around its building, not just the streetlights.
Canning: I stand corrected. Or sit corrected, as the case may be.
De Weerd: We will ask the applicant if he can clarify the plans in this particular phase.
Burrows: As mentioned and discussed at our--
De Weerd: If you will restate your name just for the record.
Meridian City Counc! I
May 10, 2005
Page 17 of 37
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Burrows: Oh, yes. Travis Burrows with Dave Evans Construction. At the neighborhood
meeting we did assure everyone that we are not proposing anymore of the -- I guess
street lighting, site lighting, within our subdivision. The only lighting that would be there
is what is existing along Copperpoint Drive, other than on the buildings, we are just
proposing the soffit lighting, similar to the can lights above you, right there where it will
only shine down onto the side of the building and we will do our best to not place them
over the windows, even, to prevent any glare reflection off of that as well, so --
De Weerd: And how will you provide safety in your parking lot, then?
Burrows: The lighting on the buildings is, actually, quite substantiaL We place them
every six to eight feet~ You know, our windows, we only make them about, you know, to
four windows and so eight foot between lights, reflecting off of a very light colored wall,
stucco, ies going to provide quite a bit of lighting out there~ And in our previous
developments we have decided to go away from street lighting or the site lighting within
the parking lot, just because all of our parking is between buildings and it does provide
quite a large amount of light.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Where are some of your other developments at locally that don't have no street
lighting or no lighting in the parking lot? I have some real safety concerns.
Burrows: Yeah. Where our current office is is North Glenwood Street across from
Hawks stadium.
Bird: Uh-huh. I know it~
Burrows: We have several others~ There is one on Maple Grove, but that is a large
development with quite a bit of parking in between the rest of them and it's a busy area
where we have provided lot lighting in that one~ That was a development we had done
quite a bit sooner, before we decided to go away -- do away with the lot lighting.
Canning: There is one in Rocky Mountain Business Park and there is two on Overland
Road.
Borrows: Yeah. We have a second one going in at Rocky Mountain Business Park
also. Very similar to that.
Bird: And none of these -- none of these have lighting within the --
Burrows: The one on Overland was one of our first developments that I was involved
on and that also does have lot lighting, but it's -- yeah, since, then, we have decided to
go to --
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Meridian City Cou ncil
May 10, 2005
Page 18 of 37
Bird: Well, I have got some real safety concerns. I wouldn1t want my wife or daughter
or daughter-in-law or grandkids -- granddaughters going out there in -- late at night and
realize most of the offices don't stay -- but there is times when they -- especially in the
wintertime when it gets dark at 5:00 o'clock.
Burrows: Right.
Bird: I have got some real concerns on that.
Burrows: The lights are a photo cell, so they do turn on when it is dusk or dark enough
for them to be turned on and, then, I did have a question, if they were going to provide
lighting along the walkway, because that's where I would be most concerned with, you
know, people walking out there in the evening, if that's going to be lit or --
Bird: But youfre stating you1re flooding -- you1re flooding light off of the building.
Burrows: Right.
Bird: Off of the stucco building. How far out does that flood? It can1t flood very far out
Burrows: Well, it wouldn1t be -- no, not in a flood sense, but a reflection of that is going
to go at least to, you know, the parking lot. We only have two to three feet of
landscaping between the building and the sidewalk and the sidewalk is generally fully lit.
Bird: Well, what about out in the parking lot where my wife or somebody is getting into
the car?
Burrows: Sure. Well, like I had mentioned before, all of our parking is between the
buildings. You know, there is not a lot of parking thatls just going to be out in the open
where we might need a Jot light situation.
Bird: So, you're stating every -- you1re putting in four foot windows every eight feet
apart in your buildings, there is blind spots right there that you don't see. I don1t care --
you know, I don't -- the parking lots can be between buildingsJ but, still, they don1t -- to
me it don1t make it any safer. I just don1t feel real comfortable without having some kind
of lighting in there and I don1t know of too many parking -- in fact, you go around the
neighbors, go up there in the neighbor's place and they are -- I'll bet you they are all lit
up when they come driving in. They have got lights in their driveways and stuff.
De Weerd: Mr. Wardle.
Wardle: Madam Mayor, Anna, is parking lot lighting a code issue for the city?
Canning: Not to my knowledge, sir. The one solution would be to have the applicant
provide some photometries on the -- how far the light will go. The furthest distance
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Meridia n City Coun eil
May 10,2005
Page 19 of 37
between the two buildings is 120 feet, the largest gap, so they would have to be able to
get 60 feet This would seem to be the most concerned area. I'm pretty comfortable on
all these others, but those lights will be able to reach across. Just a brief discussion
about lighting. Sometimes you donlt need a lot of light and sometimes a Jot of light is
worse than a little light. You need to have a little light, so that you can identify someone
there, but you don't want to create a glare, because people can hide behind a glaring
object almost more than they can in a shaded, but I think that if the application couJd
provide some photometries on how this would work, that might be a way of letting staff
address it at a future date, if the Council would like to consider that.
De Weerd: Yeah. I guess I was looking at that one area you pointed out that would be
of greatest concern. Captain Overton, do you have any concerns?
Overton: Madam Mayor, Members of the Council, I think 1111 have to mirror the concerns
that have already been stated. On the area between the businesses where there is just
parking spaces up against the side of the buildings, with that type of lighting I don't have
any concerns, but in that one section where there is actually parking out in the center
away from the buildings, Jim having a hard time believing that that's actually going to be
lit up from the lighting on the side of the building~ I think I'd have to agreed with Annals
concerns that we probably need to have some either photo evidence that this is actually
going to work the way we are being told.
De Weerd: Mr~ Wardle?
Wardle: Madam Mayor. And, Mr~ Burrows, not to build your project for youf but did I
hear during your testimony you state that you will be using soffit lighting and down
lighting, as well as landscaped lighting?
Burrows: No. Actually, there will not be any landscape lighting, only the down lighting
in the soffits of the buildings.
Wardle: Okay~ Then, I think we are talking -- staff is talking specifically these two
areas. How would you address the illumination?
Burrows: If -- if that were the case that we were required to put something in there for
the safety of everyone, we would -- we are restricted to the historical lighting thatls
already provided and the covenants in EI Dorado, Bonito Subdivisions, with Winston
Moore and, thenf we would -- I guess along with how that was resolved in the other
situations for the residents, we would follow those same -- same suggestions
recommended~ I guess thatrs the only information I have to offer, really~ So, once we
got to that point it would be -- we would be able to --
De Weerd: Any other questions from Council?
Bird: I have none, Mayor.
Meridian City Counci I
May 1 01 2005
Page 20 of 37
Baird: Madam Mayor?
De Weerd: Yes, Mr~ Baird~
Baird: Madam Mayor, Members of the Council, a question was raised about whether or
not the pathway would be Jit~ The license agreements that we have been seeing from
Nampa-Meridian Irrigation District require us to put in an open and a closing time for
those pathways and they are usually closed a half hour after sunset and opened up a
half hour before sunrise~ Therefore, because they are closed and not intended for use
at night, there wouldn't be any lighting on the pathway. Just want to make sure the
record was clear on that.
De Weerd: Okay~ Thank you. Council, do you feel comfortable with our planning
director's suggestion on having a light meter -- see if that -- if the downlighting is
adequate to -- to light that middle parking aisle?
Bird: Madam Mayor?
De Weerd: Mr~ Bird.
Bird: I have no problem~ I think you got a couple people that either want to readdress
the lighting or something. (think they think that something was said at the meeting that
hasn't been -- crossing it right now~
Rountree: 11m fine with that suggestion.
Bird: I am, too.
De Weerd: Okay. Mr. Burrows, if you1re okay with -- we will ask Mr. Hornbaker up. 11m
sorry. If you will, please, just restate your name for the record.
Hornbaker: les Loren Hornbaker, 2918 East Green Canyon Drive~ And I believe what
started this whole problem was that we were under the understanding -- we had
streetlights in our -- in our subdivision. They bother no one~ And we were under the
understanding when this subdivision went in, that they would put in down-lighting. In
other words, canned lights that shine down. Instead, they elected to put in a globe light
and, therefore, at 10:00, 11 :00 o'clock at night in my bedroom you could read the
newspaper and I called Jonathan Seal to my house at that time~ I mean I made
arrangements, he come out, and he agreed with me. So, they put shields in these
globe lights and they said they went to the expense of about 400 dollars a light. How
many they did it on 11m not sure. It helped about a nickells worth. I really couldn1t see
that much change and what we donlt want is those type of lights migrating up closer to
our houses, because it will be a real problem. Possibly a canned light or one that
shines directly down, if they need one, in a parking lot. We would have no objection to
that, as long as it doesn't light up the neighborhood 150 feet away~ And that was the
problem before~ I mean .we are -- from Copperpoint I'd say we were three -- 250 yards
Meridian City Council
May 10,2005
Page 21 of 37
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and that shines in our bedroom and our living room, to the point where you can actually
read and I called and they said -- the enforcement officer told me that the rules were
that they couldn't shine to where they bothered people. In other words, where they
were a nuisance to people. So, thafs all we are trying to do. And also Mr. Moore at the
meeting the other night guaranteed us that he would -- he said 11m not through on these
lights down here yet and I said, well, if a building is built that blocks that light from
coming to us, the problem is solved. I mean as far as my home. If it's the neighbor, he
might still have a complaint. I donlt know. But I don't know how much more they can do
with those globe lights. I'm not that well versed on them. But that's all I had~ But thatls
how the whole deal on the lighting progressed.
De Weerd: Well, I think Mr~ Moore is correct in that the buildings are going to help
shield that. It will be a deterrent from any glare that you get from Copperpoint and I
guess what we can ask staff -- if it gets to the point where there will have to be some
light added to that one point, that perhaps we can ask staff to notify the neighbors and
you can be part of that -- that discussion, so -- and I understand where there is
subdivision requirements, that, you know, this developer only has that to work within.
So, if it gets to that point, they certainly should involve you in the discussion.
Hornbaker: And we donlt want to -- I want it to be safe over there for the people, you
know, and J think, hopefully -- and we are dreaming, possibly -- we are hoping that it1s
doctor's offices and dentist's offices and things of that nature, which won't have that
much late evening or night activity, but -- and, hopefully, thatfs what we get.
De Weerd: Well, having it well lit is going to benefit your neighbor. J mean if it is dark in
that area, usually things- gravitate towards dark spots. So, we will ask that staff, if that
does need some light mitigation, that they involve you in that discussion.
Hornbaker: Okay. Fine.
Canning: Madam Mayor?
De Weerd: Yes, Anna.
Canning: Given the comments that I heard tonight, I, instead, recommend the following
condition of approval, because this is what I have heard. Any lighting shall be fully
shielded, with no light going above 15 degrees below horizontal. So, ifs basically, if you
have got horizontal here, then, you can1t go above that. And that's the problem with the
current globe light and, then, in specifically no globe lighting. That should address the
applicant's concerns and there are numerous light bulbs out there that can meet those
standards quite easily. Itrs just that I think the problem with the current ones, it says it
has to be shielded. Well, itls technically shielded now, but it doesn1t talk about that
lighting going above the horizontal and that's where the problem resides~ And the other
qualification that could be put on there is exposed lamp. And that should meet all their
concerns.
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Meridian City Coun eil
May 10t 2005
Page 22 of 37
De Weerd: Okay.. Is there any further testimony on this application? Mr. Burrows,
would you like to provide any final comment? Okay. Was that suggestion satisfactory
to you? Okay. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close Public Hearing Item No. 11.
Rountree: Second.
De Weerd: Okay. The motion is to close Item 11, Public Hearing. All those in favor say
aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Is there any discussion?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: Just a clarification for staff. Would -- jf indicated in the motion, would that be a
minor change to the findings and be able to be done at staff level, or would you need to
bring the findings back before us?
Canning: I think the language I provided was specific enough that jf you're -- if you1re
comfortable with that, we could just make the corrections at the staff level.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle4
Wardle: With that, I move that we approve Item No. 11, PP 05-010 for Bonito
Subdivision No.3, and to include staff comments, specifically related to the lighting
within the development and to add that specific language to the findings in condition of
specific lighting types, as well as angles of light and exposables.
Rountree: Second.
De Weerd: Thank you. The motion is to approve Item 11 with the change as stated.
Canning: Madam Mayor, can I ask for a clarification? Does that include the desire for
the applicant to show photometries at the soffit lighting and, then, provide any other
lighting or do you just --
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Meridian City Cou ncjJ
May 10t 2005
Page 23 of 37
Wardle: It does. The direction would be if there is sufficient lighting to stay with the
applicant's desire to have building lighting within the soffits, but if required by the
planning director1s determination, that any parking lot lights are needed, then, they
follow those directions.
Canning: Thank you, sjr~
De Weerd: Does second agree? Yes?
Rountree: Yes.
De Weerd: Thank you. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT~
Item 12:
Public Hearing: RZ 05-003 Request for a Rezone of 4.42 acres from a
R-8 PO zone to a C-N zone for Quenzer Commons Commercial by
Landmark Properties, LLC - west of Locust Grove Road and north of
Heritage Park:
De Weerd: Thank you~ Okay~ Item 12 is Public Hearing RZ 05-003. I will open the
Public Hearing with staff comments.
Canning: Madam Mayor, Members of the Council, this is Quenzer Commons
Commercial. Ifs located off of Locust Grove Road, about at the mid mile, and it is a
rezone application of 4.42 acres from R-8 to C-N~ The zoning will make this use
consistent with the approved planned development, as we have discussed before. The
prior direction had been to kind of stay with the underlying zoning of the planned
development~ In implementation of that we now find that it's much easier to actually
have the correct zoning on those properties when they go to get loans and construction
funding and things like that. So, it's a rather straight forward proposal~ As you can see,
the full site -- there is four existing lots with pared buildings~ This rezone would allow
them to come in and do a final plat and, then, a re-subdivision that would allow future
development of similar buildings. So, the buildings they are proposing at a later time
will be consistent with the ones that are currently there~ P&Z has recommended
approvaL The key issues of discussion were the architectural design and layout of the
four new buildings. A bus stop easement on Locust Grove that was originally approved
or required as part of the preliminary plat, it has been provided, it's just not constructed
at this time. And, then, a commercial drive for a cross-access to the south. As you can
note, this application does not actually join that property to the south, so that it was
deemed not to be an issue for this rezone application. And that1s the end of staffs
presentation.
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Meridian City Council
May 10t 2005
Page 24 of 37
De Weerd: Thank you, Anna. Is the applicant here? If you will, please, state your
name and address for the record.
Oliver: Peter Oliver, 12601 West Explorer Drive.
DeWeerd: Thank you.
Oliver: We are in agreement with the Findings of Fact and the feedback from the staff
and we are prepared to move forward based on that.
De Weerd: Okay. Council, do you have any questions for the applicant or staff? Okay.
Thank you. Is there anyone who would like to provide testimony on this application?
Now, come on, you come here time after time. I think you must have earned the most
credit of anyone in your high school. Oh, you even did the pledge. You should -- or
even more credit on this one.
Rountree: Madam Mayor, hearing no further comments, I move we close the Public
Hearing.
Wardle: Second.
De Weerd: Okay. The motion is to close the Public Hearing on Item 12. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: If there is no discussion, I move that we approve Item No. 12, including staff
comments and -- are their findings on this? And findings.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 12. If there is no further discussion,
Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 13:
Presentation Update on North Meridian Plan Project:
De Weerd: Thank you. Okay. Item 13. Mr. Hawkins-Clark.
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Merjdian City Council
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Page 25 of 37
Hawkins-Clark: Thank you, Mayor, Members of the CounciL I think the goal of having
this item on the agenda tonight was just to bring you up to date on our North Meridian
Plan Comprehensive Plan update. We have -- as you know, about two months ago
staff presented a schedule on updating our Camp Plan and we are moving along. It's
sometimes nice in the Planning and Zoning Department to do planning, so this is kind of
a nice -- a nice focus for us right now~ The first main public input on this is going to be
this coming Monday night, the 16th, at Sawtooth Middle School. les going to be held in
the cafeteria, 6:00 to 8:00 p.m~, and as far as noticing it, a press release did go out to
both the Idaho Statesman and Valley Times. We also sent about 65 to 70 invitations
directly to property owners, who are larger property owners, which, in this case, we
deemed 40 acres or larger. So, anyone in the area that is in the plan and the
amendment, who had property 40 acres or larger, did get a direct invitation to this
meeting Monday night~ The meeting is going to actually have a couple of different
focuses. What Anna just put up on the screen right now, it's -- sorry, just didn't work for
me tonight to get this onto a smaller version, but we have two different areas that we
are proposing to expand our area of city impact So, this first -- this first one, this is
Chinden, Highway 20-26, Linder Road on the east, and, then, McDermott on the west~
You saw this when Public Works presented several months ago when I believe it was
JUS Engineers who did their sewer analysis for this area coming up Black Cat from the
future lift station area. So, this boundary is the same boundary. The Phyllis Canal is
the large canal there on the north end that would provide the break right at the bluff.
This area has had some discussion about being in Eagle's area of city impact. Today
it's not formally in anyone's, so the request that we currently have at Ada County to the
county commissioners, their direction back to us, part of that letter to renegotiate our
area of city impact was, you know, to come back to them with a Comprehensive Plan
amendment, so -- so tliis would be the first area that we would show~ While itrs not
necessarily a public -- you know, directly a public input in terms of a Camp Plan
amendment, these area of city impacts are, as you know, mostly just a negotiated thing.
We did want to show it and get some feedback from the public~ There are four large
property owners that have almost 300 acres that staff has been in communication with
and they have given us some preliminary maps of what they would like to have with
their properties. Most of that is around the Spur Wing golf course and to the west of
that. This area that's right on Linder Road, both at the corner and, then, these five acre
and one acre lot subdivisions, franklYt we anticipate opposition from those property
owners, but they are included in this area. So, the second area that we are proposing
to have shown Monday night as an expansion area is this four square mile area
bounded by Ustick Road on the south, Can-Ada Road on the west, and Chinden on the
north. Star1s referral area is on the north of that and, then, Canyon county borders it.
Nampa city has a proposed area of city impact change to Canyon county to come up to
Ustick. Today it's actually Canyon County there as well. I do not believe that thafs
been finalized, but I could be wrong on that So, I just -- ultimately it could be Nampa
adjacent there, but today ies all County. So, anyway, as far Monday night, those two --
those would be the areas for expansion of our area of city impact, soliciting input from
property owners on the -- on some potential land uses~ Now, obviously, there are huge
assumptions that we will be presenting -- there will be about a 20 minute presentation
that staff will be making at the beginning of that, just to kind of familiarize people, so
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Meridian City Council
May 10, 2005
Page 26 of 37
they don1t just walk around wondering whafs going on, but one of those assumptions
that we are going to present there is, you know, that State Highway 16 extension and
how that will influence this area. Our understanding is from the time that -- if the funding
becomes available, JTD has to do an environmental impact study, you know, it could be
minimum three years and even, then, ITD, as a part of that study, what staff has been
told, does not know what that aJignmenfs going to be and they need to keep open some
room there, so -- in terms of the alignment So, while McDermott may be our
preference, nobody knows. And how does that affect this coming into Meridian or not, I
guess, is a big question and our proposal is to -- even if we do bring this in, this four
miles in, is to keep it as a second tier in terms of a growth priority and not allow
development until that alignment of 16 is known. We will also talk about the scope of
the plan, give some area demographics at the meeting, and there is a questionnaire that
we have prepared primarily geared towards the large property owners, but, obviously,
we will want to receive feedback from everyone that attends. There is several other
transportation assumptions, since we are including a transportation element in this~ We
are not including funding as a part of that in terms of how will the transportation
improvements get funded in any kind of expedited manner~ I know that the Mayor has
had some discussions with us staff and ACHD and there is -- originally, as part of this
north Meridian plan that Mr. Wardle did, but we are focused on the system itself, not the
funding of that system in this plan update, unless you guide us otherwise. We are -- we
are assuming JUS -- they did a corridor study in 2000 that focused on collectors up here
and we anticipate using some of those assumptions, which mainly was that there will be
mid mile signals ultimately and that the collectors up here, while we don't want them to
go necessarily straight across through the whole mile, we do want to -- you know, we
would likely designate the fact that we want collectors in those miles to basically serve
from one arterial to another arterial. It may break down into the local system, you know,
once you get into the mile, but, anyway, that JUS study, we are assuming that that's
valid. While this Council, remembert had formally adopted itJ it was presented to both
here and ACHD about four years ago and so including that, as well as the Washington
Group International did a large traffic impact study as part of the north Meridian plan
and there is some assumptions in there that we will also bring forth. So, just one
question is if you have direction that you'd like staff to present at the open house on
Monday, since it is the first public meeting, do you -- you know, if you'd like to have
certain things presented or anything that J have said tonight that you are uncomfortable
with and donrt want presented as well. So, thatls -- like some feedback, if possible.
De Weerd: Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The point you made on the large lots there off of Linder that some of those
folks were probably going to object, it seems to me preplanning for that is if you put
together a handout or a fact sheet of the advantages and disadvantages of an impact
area, that -- I see no disadvantage to those folks being in anybody's impact area. It
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Meridian City Council
May 10t 2005
Page 27 of 37
doesn't change their taxes, it doesn't change anything~ It doesn1t change their status as
a country environment -- county environment~ On the other side of the coin, at some
point in time their wells are not going to produce as much as maybe now, they may
become contaminated, their septic systems may go soft on them and there are some
advantages of at least having somebody claiming them, that jf they get in those
situations that they could come to the City of Meridian and seek some solutions and
help for them~ Other than that, I think you need to make that clear to those folks and
pre-think some of the issues they might have or might dream up about there being
disadvantages of being an impact area and I know J can't think of any jf you can, but it
would be good to tell them, well, yeah, here is some things that might make your life a
little different, but if there are none, say there aren't any. The other thing that I would
have to go back and read the statute and I'm going to, because I'm going to ask the
question, is there any reason why we cannot request our impact area to go into Canyon
county?
Canning: Madam Mayor, Councilmember -- Councilmen, to my understanding there is
not and I think there are some areas that have done it in Idaho, but I think that the issue
becomes the taxing rates would be different for Canyon county than they would for Ada
County, so you would have different Meridian citizens having a different tax structure,
based on which county they were in. Also fire service becomes an issue, because the
fire district boundaries don1t change as -- not that changing an area of city impact
boundary is easy, but I think the fire district boundaries are equally difficult to change.
So, for some of those reasons we had not considered going into Canyon county and I
do know that Nampa's -- that request to expand their area of city impact has been out
there awhile. I think it may have already been approved to go up to the county line
there. -
Rountree: I don't want to belabor this, but just to help me understand, it seems to me
that the county tax rate would stay at the county tax rate, but if it were to become part of
the City of Meridian in Canyon county, their tax rate would be that of -- or a mill levy
would that of Meridian, not Nampa. So, those folks that have property there in Canyon
county, if they were, in fact, to become part of Meridian, would have a lower property
tax, would they not?
Bird: True~ Very true.
Canning: If Meridian's is lower than Nampa1s, then, that would be true.
Rountree: 11m not sure ours are higher than anybody's~ So, I just -- a point of
clarification~ Thank you. 11m not asking that, I just needed to know that I guess the last
comment I would make on the area to the west in terms of transportation corridors, if the
City of Meridian has a preference for the location of -- future location of State Highway
16, ( will remind you that the federal government has no business in local land use
planning period. They have recognized that. Courts have held that~ If Meridian says
this is where we would like it, that would weigh in any analysis done as required by any
federal future funding. So, if itls in the middle of this section or down the road or down
Meridian Cjty Coun ell
May 10, 2005
Page 28 of 37
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somewhere that fits with the City of Meridianls future look, fit, and feel, then, it's okay to
put that in your Camp Plan.
De Weerd: Thank you. We will do that Mr. Wardle.
Wardle: Madam Mayor, just a comment on the properties west and adding those into
areas of impact I know that Star has some serviceability issues in that area and has
the potential, at least in the future, to develop into some sort of a commercial corridor in
the Star Road Chinden area intersections and so titting with Meridian's Comprehensive
Plan to set up neighborhood centers and to set up serviceability within areas of the city,
J think it's prudent for us to at least look at that as a possibility, both from a planning
perspective, as well as a serviceability to the property owners and how it best fits into
our plan, so --
Hawkins-Clark: Councilmember, just to clarify, are you saying particularly at that
Chinden-Star intersection where Star already has that designated commercial today in
their camp plan, but --
Wardle: The north side4
Hawkins-Clark: Yeah. They have the northeast quadrant there, are you saying in terms
of -- for us to look at a commercial designation to match what theirs is? Is that what 11m
hearing you say?
Wardle: I would say that it certainly would fit, given the traffic counts, given the open
nature of the area, as is currently built, given the lack of dense housing that surrounds
that intersection, I think it probably will -- will come to bear in the market a commercial
designation and so we need to take that into consideration from a planning perspective.
Canning: Madam Mayor, President Wardle, can I ask a follow-up question?
Wardle: Sure.
Canning: If there is an intersection of two state highways at Chinden and McMillan,
there will be enormously heavy pressure to have commercial uses at that intersection
and J just wondered if you would want to comment on that.
Wardle: At Chinden and McMillan?
Canning: McDermott Sorry.
Wardle: Well, the reality is that you still have the river crossing at Star Road, so you'll
still have -- regardless of how the transportation flows, even if you have that large state
highway determination on McDemott, which would typically drive commercial property
through the market~ You'll, additionally, have that access down the hill and over the
river from Star -- from Star Road. Does that make sensei Anna?
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Meridjan Ci ty Council
May 10J 2005
Page 29 of 37
Canning: Yes, sir. J was not -- I was not disputing the interest at Star Road, I just
wondered if you would comment -- if you feel it would be appropriate to have
commercial at the intersection of McDermott and Chinden or if you feel that should be
kept a lower intensity use and shift the emphasis to both Star and Chinden.
Wardle: My personal opinion would be that it depends on how that highway plays out.
If itfs going to be an elevated overpass over Chinden, then, certainly, your access to
commercial areas would be limited. It certainly is worth the discussion and to find some
public input as to which would be -- which intersection should hold the more intensive
commercial use I think is what we are asking. We are going to have commercial activity
up and down that corridor and at the major intersections and so the question that I
would pose to the public is which of those should hold the higher density retail uses, I
think is what we need to ask.
Canning: Okay.
De Weerd: I guess it all depends on -- I know we want to designate McDermott as that
connection to -- or the extension of Highway 16. Ifs going to be more of a how you1re
going to connect from 16 to McDermott and it will be before -- north of Chinden or south
of Chinden. So, I guess -- because that's a pretty sharp angle. It will be an issue of
design at that point. Those are good points. Are there any other discussion items on
this?
Bird: I have none.
De Weerd: Well, thank you. We wish you success on Monday and hopefully we get
some good comments. I appreciate Councilman Rountree's statements about the -- I
think itls Almaden -- Almaden, the residents there off of Linder Road. I believe that they
are not disadvantaged at all being brought into anyone's area of impact. Ifs only when
they are going to need service, who can service them, and thatls a good -- good point to
make. Mr. Rountree.
Rountree: Madam Mayor, I was going to say the same thing about the Spur Wing folks.
I suspect you might see some opposition there. I would hope, though, that if you have
them represented that ifs an opportunity to just maybe get a sense from them -- maybe
they arenlt opposed to being part of this city. It certainly would make this thing a whole
lot easier if that whole area -- if we ultimately get there, will become part of the city --
and 11m not just saying that because of the tax base, I mean we have to carve it out if
they don1t want to bel and J -- I don1t know, it would be worth maybe just taking a pulse
of that from those folks that might take the time to come.
De Weerd: There has been a pulse taken of the residents in Spur Wing.
Rountree: Okay.
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Meridian City Cou nci I
May 10t 2005
Page 30 of 37
De Weerd: And it looks like about 75 percent have support to Meridian's area of impact.
Again, I think that the same message would apply to them as the other subdivision, is
they are looking long term when septics fail, who will have the services
available and I believe thafs been the message that has been delivered to them.
Rountree: Because we see them more likely getting in that situation with the lot sizes
that they are dealing with.
De Weerd: Uh-huh.
Canning: Madam Mayor, just a quick statement. To my knowledge, from my
conversations with some of those property ownersJ is they perceive -- ifs not an issue of
which area -- or going into an impact area or not, it's which one and they perceive that
an Eagle address will somehow be more advantageous in the future and I think that if
we do layout some of the tax burdens and service, the burden of getting services from
the City of Eagle, I think that that may sway quite a few of them to understand that there
are many more advantages to a Meridian address4
De Weerd: Well -- and looking at my calendar, it looks like Anna and I will be meeting
with Eagle on Friday.
Canning: 1 :00 orclock~
De Weerd: Great way to end Friday the 13th~ Is there anything further, Council?
Rountree: I have none.-
De Weerd: Okay. Thank you, Brad~
Hawkins-Clark: Thank you. Keep you updated~
Item 14:
Ordinance No. 05-1152 AZ 05-006 Request for Annexation
and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon Heiahts
Subdivision No.2 by Traditions by Amyx IIJ LLP - south of East McMillan
Road and east of North Locust Grove Road:
Item 15:
Ordinance No. 05-1153 : AZ 04-029 Request for an Annexation
and Zoning of 8~58 acres from RUT zone to C-G zone for Cottonwood
Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway
Drive:
De Weerd: Okay. Items 14 and 15 are ordinances number 05-1152 and 05-1153~ Mr~
Berg, will you, please, read these two ordinances by title onJy~
Berg: Thank you, Madam Mayor, Members of the Council.. Ordinance No. 05-1152, an
Ordinance, Zebulon Heights Subdivision No. 2 for property located in the northeast
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Meridian City Council
May 10.2005
Page 31 of 37
quarter of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada
County, Idaho, as described in Attachment A and annexing certain lands and territories
situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of
the City of Meridian, as requested by the City of Meridian, establishing and determining
the land use zoning classification of said lands from RUTr Ada County, to R-4, Medium
Density in the Meridian City Code, providing that copies of the ordinance shall be filed
with the Ada County assessor, the Ada County recorder, the Idaho State Tax
Commission as required by law and providing for a summary of the ordinance and
providing for a waiver of the reading rules and providing an effective date.
Berg: Ordinance No. 05-1153, an ordinance Cottonwood Lane for annexation of
property located within a portion of Lot 23, Block 1, of amended Magic View Subdivision
as shown on the official plat recorded in Book 52 of plats, at pages 4445 and 4446,
records of Ada County, Idaho, a portion of the east half of Section 17, Township 3
North, Range 1 East of Boise Meridian, Ada County, Idaho, as described in Attachment
A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent
and contiguous to the corporate city limits of the City of Meridian, as requested by the
City of Meridian, establishing and determining the land use zoning classification of said
lands from RUT, Ada County, to C-G, General Retail and Service Commercial and L-O,
Limited Office, in the Meridian City Code, providing that copies of this ordinance shall be
filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax
Commission as required by law and providing for a summary of the ordinance and
providing for a waiver of the reading rules and providing an effective date.
De Weerd: Thank you,- Mr. Berg~ You have heard these two ordinances read by title
only. Is there anyone who would like to hear them read in its entirety? Hearing none,
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinances 05-1152 and 05-1153, with suspension of rules.
Wardle: Second.
De Weerd: Okay. We have a motion to approve Items 14 and 15. If there is no further
discussion, Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 16:
EMS Agreement.
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Meridian Ci ty Council
May 1 Ot 2005
Page 32 of 37
De Weerd: Council, I would like to add another item to your agenda for--
Bird: We already added an Item 16.
De Weerd: Oh, have I?
Bird: We have.
De Weerd: Oh, have you?
Bird: We added an EMS decision.
De Weerd: Okay.
Bird: So that we don't hang our fire department out to dry.
De Weerd: Okay.
Bird: And I will start with telling you that rural fire district last night voted unanimously to
not support the bond issue at all. Be against it.
De Weerd: So, it was to be against it and not to be neutral?
Bird: Thafs right. Neutrality -- and I agree with them, neutrality shows -- if you say
nothing, it probably shows you support it. While lIve got the floor, I will give you my deal
-- my view and my view is that I would be for it jf they can prove to me that they need
the money that they are asking for. When I asked Troy Hagen for -- that's what I asked
him for when he was here and what we got was a bunch of garbage. I cannot -- I have
to agree with the rural district, I cannot support it, what they are asking for.
De Weerd: Mr. Bird, I did place a call today to ask for the financial information that you
have requested and I haven1t heard back from Mr. HagenJ so --
Bird: They donrt have it. Thaes the reason it isn1t being published~ You and I both
know that. I will state it publicly.
De Weerd: Is there any other discussion on this item?
Rountree: Madam Mayor, I don't have any discussion, but 11m wondering if Assistant
Chief Johnson has a comment on there or maybe he can -- or maybe not -- be able to
speak for the chief on this particular issue. Not to put you on the spot, but --
Johnson: But I'm on the spot.
Rountree: But you're on the spot. Certainly, ies going to impact you potentially.
Meridian Ci ty Cou ncil
May 10* 2005
Page 33 of 37
Johnson: In my discussions, Madam -- Madam Mayor and Members of the Council, in
my discussions with Chief Anderson, he's kind of talked the same way. If we go neutral
we are kind of in support of it, but what are some of the future ramifications of an aye
vote for this, being that we raise our taxes now in a temporary deal, they have got this
new legislation they just passed that goes into effect in JulYf where they can come back
with basically a deal saying we want to make this temporary raise in your taxes
permanent and not show us any efficiencies being built into the system~ You know, it's
not that we have a bad system in Ada County right now, it's the fact that we have got an
inefficient system and if we give them this open checkbook, we may continue down that
line of having inefficiencies built into the system.
De Weerd: I guess, Council, we are in the process of putting on firefighter paramedics
and a partnership with Ada County EMS is very critical. We are looking at a countywide
training program and this partnership, you know, certainly I don1t want to see it get
compromised~ We also had written in a letter, as I have provided you several weeks
ago, saying that we would be a partner to them, jf they chose not to dissolve the district
and would go outJ take this to the voters~ Certainly, it wasn't our dictate what they
brought to the voters. We told them at that time we felt that the voters should have an
opportunity to have a say, rather than they dissolve the district without the vote of the
people. And that was the city's position at that time. I donlt know if a motion from this
Council against what we asked them to do would affect the partnership that we need to
move forward with in our attempt to provide adequate medical service to our community
and bringing on the firefighter paramedics~
Wardle: Madam Mayor?
De Weerd: Mr~ Wardle~
Wardle: Let me first say that a partnership with the Ada County EMS and a partnership
within all of the public safety agencies in this county should be expected and the
citizens demand it, regardless of any type of political decision that this Council may
make or that the commissioners may make. I donft think that that should weight into our
decision period~ The people expect it and there needs to be that cooperation and so I
just want to state that -- that politically we have the ability to make whichever decision
may be, but that shouldn't -- shouldn1t come into consideration~ That said, my personal
opinion is that I definitely had some -- some decision -- orf excuse me, some -- some
clarification needed, still have some unanswered questions, and certainly the questions
in my mind would not allow me to go forward with a -- with a positive support of this~
But, at the same time, I need some more input from our people that are on the ground in
the fire department as to -- as to whether we need to take the stance as a -- as a
dissension of this.
Rountree: Madam Mayor?
De Weerd: Mr~ Rountree..
Meridian City Counci I
May 10.2005
Page 34 of 37
Rountree: I have reservations about supporting the amount. I'm fully supportive of the
vote, as our previous position. I think we certainly ought to let the county know that we
appreciate that they have done that and will have an election. But this whole issue on
emergency services and particularly ambulance services has yet gotten even more
murky with the additional providers coming into the market from the hospitals and I got
to think that they are in the business not to lose money, since they are nonprofit, but
they still have to keep their doors open, and that there are private ambulance services
available in Ada County that are in the business to make money, that we are not getting
all the information that we need in order make a decent decision about the business of
providing emergency services in Ada County and I think whatever small voice from
whatever corner of the county it is, I think the county commissioners owe this a more
thorough look, possibly, before they go to a vote. To me, the general population out.
there is either going to be uninformed and scared and vote for it or uninformed and
upset with yet another tax increase and vote against it" Unfortunately, I think you
probably see more againers than supporters and I believe that will be based on bad
information. I would like to think and support what Councilman Wardle said about this
situation, it is all of our responsibilities to provide the best government and to me
everybody in this game needs to drop the turf -- we should demand of our police and
our fire to be fully cooperative, as should every other entity in this county, as well as the
county, and say let's quit fighting and let's quit worrying about what's mine and what.s
yours and let's provide to our citizens what they deserve and what they are paying
plenty to get right now. So, having said that, 11m still supportive of supporting the idea of
taking this to the public to vote, but I cannot support the level of increase that's being
asked for, because I don't have -- Troy has as much admitted that what they are asking
for will give them sufficient reserves and I don't think we are looking for reserves.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: And I think myself and -- I know myself and I think Councilman Wardle are the
same way, I mean we -- I just can1t support it, because they haven't come out and
showed me why they need it and I just -- you know, I just can1t see throwing taxes upon
taxes for these -- for our patrons and, think back, we have been promised for seven
years that ( know of to have an ambulance in one of our fire stations and, you know
what, you know when we got that ambulance, the day we announced that we were
going to hire paramedics. And, by the way, I will tell you, Council and Mayor, that we
have -- I think Mr. Johnson can verify this, but we have 17 qualified paramedics that
have applied and they are experienced paramedics, as I understand, that have applied
for our 12 openings.
Johnson: Members of the Council, Madam Mayor, a point of clarification on that. They
took our test, had their scores submitted to us, the applications actually close this
Friday. So, we will have a better number -- Of, actually, on the 13th on those. But
preliminarily it looks like 17 experienced medics have passed the test from all across
(
Me ridian City Counci I
May 10, 2005
Page 35 of 37
the nation, actually~ Some from here and Ada County, some from Washington, Florida,
Nevada, Oregon. So, got a pretty good round mix it Jooks like.
De Weerd: Well, Council, it sounds like everyone's on the same page in terms of there
is not enough information and the information we requested has not been received and
whether it's available or not, itls not our guess. I certainly can send a letter to the
commissioners in appreciation that the issue is going to the voters, of our concern that
it's going to the voters without enough information, because certainly we havenft been
getting the information that we have requested, and that we cannot support it at this
time or, you know, we canft make a decision -- I don1t know what you want me to do
after that point. We can't support it at this timet because we don't have enough
information --
Rountree: Madam Mayor, I guess the language would be along the lines of at this point
in time we can't support the size of the increase being requested in the initiative,
because of the reasons you just said, we have asked for the information and not
received it. The only information we have from the county and the county
representative, is that it will be more than sufficient and create a reserve and there has
been no information provided how the rest of the ambulance services will factor into
providing for our citizens.
De Weerd: Well, there is no plan of service.
Rountree: Yeah.
Bird: There is really no plan. They are just out there throwing figures out asking for
some figures with no way of -- you know.
Rountree: And I'm sure the commissioners know way more than we do in terms of, you
know, they are right there in the thick of it. But I don't believe they have done very good
outreach if we are looking at an election next week.
Bird: The 24th.
Rountree: The 24th. Two weeks. No. Yeah. Two weeks. I guess I have been out of
town a lot. I don't know if there has been anything in the paper of any substance, but --
Wardle: Madam Mayor?
De Weerd: Yes, Mr. WardJe~
Wardle: And I agree with everything that Councilman Rountree and Councilman Bird
have said, but the one concern I have is -- is that we not -- if we send a response such
as this, that we not get the flood of information on -- at the last hour. We have
requested it, we have requested information, we have done, in my opinion, what I feel is
Meridian City Coun eil
May 10, 2005
Page 36 of 37
!,,( .
.....:...... .
(-. . I
\
due diligence on the part of our constituents in representing our position welL So, I'm --
that1s where we are at~ We have what we have and are unable to take a position --
Rountree: Well, Madam Mayor, I guess my position is that we are, at this point, unable
to -- we are not neutral, we are not able to endorse the tax increase.
Bird: This Councilman agrees.
De Weerd: Okay.
Bird: And Madam Mayor?
De Weerd: Yes, ML Bird.
Bird: You need to sit down with the fire chief and -- because I know that he is getting
daily requests from media on this and you need to let him know your -- our position.
De Weerd: I have -- I have been as well. We will draft this letter and get it out to you for
your review and ask for your signatures next week at Tuesday's meeting and it will,
then, be sent.
Bird: Thank you.
De Weerd: Okay~ Is there any further discussion on this item?
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree~
Item 17:
Executive Session:
Rountree: Knowing that you1re going to add yet another item to our agenda this
evening, I would move that we go into Executive Session per State Statute for paren
item Band C and that it will be a short Executive Session and we will be back in session
no later than 9:05.
Bird: (would second that, if we stick to it.
De Weerd: Thafs an interesting motion.
Wardle: I would have said 9:00~
/" "
(... ... J
Merjd ian City Co unci I
May 10.2005
Page 37 of 37
Bird: I agree.
De Weerd: Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT~
EXECUTIVE SESSION:
De Weerd: Okay, I would entertain a motion to come out of Executive Session.
Wardle: So moved.
Bird: Second.
De Weerd: Okay, all those in favor say aye.
THREE AYES. ONE ABSENT. MOTION CARRIED.
De Weerd: Motion to adjourn?
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor?
THREE AYES. ONE ABSENT. MOTION CARRIED.
MEETING ADJOURNED AT 9:35 P.M.
(TAPE ON E OF THESE PROCEEDINGS)
6 / 1 / ()~
DATE APPROVED
(
May 6, 2005
MERIDIAN CITY COUNCil MEETING
APPLICANT
May 10,2005
ITEM NO.
5-C
REQUEST Sanitary Sewer and Water Main Easement for Idaho Urologic Institute
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(...
(.. :
City of Meridian
Public Works Dept.
RECEIVED
f ~ :.~.. ~.~~-:- r)
{\'>:.< i J 2 2005
C~ty Of Meridian
CIty Clerk Office
To: Mayor de Weerd & City Council
From: Karle Glenn
CC: File
Date: 5/212005
Re: Proposed Agenda Items for 5120105 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/20/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Sanitary Sewer and Water Main Easement for Idaho Uroloaic Institute.
Typical Sanitary Sewer and Water Main Easement
Recommended Council Action: Approve the Sanitary Sewer and Water Main
Easement for Idaho UrOlogic Institute and authorize the Mayor to sign and
City Clerk to attest.
Thank you for your consideration.
. Page 1
/:"
t,:..: :.
(
SANITARY SEWER AND WATER MAJN EASEMENT
THIS INDENrURE, made this _ day of ) 20_between \..lr~ DO, ~ L -- [S.~~uttJ
the parties of the first part, and b.ereinafter Called the Grantors, and the City of Meridian, Ada
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelin.es from time to time by
the Grantee; ·
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right":of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the follovving described property:
(SEE ATTACHED EXIllBITS 1\1 B'J lirJD "B2)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, itts
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
Sanitary Sewer and Water Main Easement
EASMT~S&W
(00 .
THE GRANTORS hereby covenant and agree that they will Dot place or allow to be placed
any . permanent structures, trees, brus~ or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of: or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof: shall cease and become
null and void and of no further effect and shall be completely relinquished~
THE GRANTORS do hereby covenant with the Grantee that they are lawfUlly seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever~
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
r
!
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On this 1 8 * day of h r~ L , 2005 , before me, th~ ~ndersigned, a Notary
Public in and for said State, personally appeared ~e. f' ~ \;J; \..r\ o..vl\. ~ 'rn ..~D t and
, known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
Secretary
STATE OF IDAHO )
) ss
)
County of Ada
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi.cial seal the day
and year fist above written.
~ \9tL^-~ ~b
NOTARY PUBLIC FOR IDAHO
Residing at: ~ &- ~ Cd ~ i-/~
Commission Expires: (,~ - 2. ~ - 0 lp
Sanitary Sewer and Water Main Easement
EASMT.S&W
(.-:/.'.
(:....
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
· ss.
County of Ada )
On this day of ~ 2003, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL )
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
Sanitary Sewer and Water Main Easement
EASMT~S&W
. ("'.':: .
Roylance & Associate"~"":P.A.
391 W. State Street~ SUITe E, Eagle, Idaho 83616
("'""<:'" "".
En~~~ ~eers · Surveyors . Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
March 30,2005
Project No. 2526
Exhibit "A"
Legal Description
illI Properties, LLC
Public Water and Sewer Easement
0.29 Acres and 686 Square Feet
An easement for the purpose of accessing and maintaining water and sewer facilities located in a portion of
Lot 9 of the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at
pages 4445 and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of
Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Commencing at a 5/8 inch steel pin monumenting the Northeast Corner of said Lot 9 on the centerline of
East Magic View Drive, thence North 83010'2711 West a distance of 408.02 feet to a 5/8 inch steel pin
monumenting the Northwest Comer of said Lot 9;
Thence leaving said centerline, South 16022f21 rt West a distance of 27.38 feet to a point on the southerly
right-af-way of East Magic View Drive;
Thence following said southerly right-of-way, South 830 10t27H East a distance of 23 ~ 83 feet to the
POlNT OF BEGINNING.
Thence following said southerly right-of-way, South 83010'27" East a distance of 30.42 feet to a point;
Thence leaving said southerly right-of-way, South 16022'21 n West a distance of 105.16 feet to a point;
Thence South 73037'39ff East a distance of 9.63 feet to a point;
Thence North 16022t21 n East a distance of 23.16 feet to a point;
Thence South 73037r39" East a distance of 20.00 feet to a point;
Thence South 16022'21 n West a distance of 52~ 17 feet to a point;
Thence North 73037r39rt West a distance of 29~63 feet to a point;
Thence South 16022'21 n West a distance of 239~46 feet to a point;
Thence North 73037139" West a distance of 30.00 feet to a point;
Thence North 16022'21 n East a distance of 368~59 feet to the POINT OF BEGINNING.
The above-described tract of land contains Oa29 acres, more or less, subject to all existing easements and rights-
of-way (see Exhibit "Bl ").
TOGETHER WITH:
An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 9 of
the Amended Magic View Subdivision (a recorded subdivision on file in Book 52 of Plats, at pages 4445
and 4446, records of Ada County, Idaho), situated in the Northeast One Quarter of
Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
X~\Projects\Johnson Architects\2526\Admjn\Lega]s\Water and sewer Legal.doc
Page 2 of2
April 9) 2001
Commencing at a 5/8 inch steel pin monumenting the Northwest Corner of said Lot 9 on the centerline of
East Magic View Drive, thence South 83010'27u East a distance of 408.02 feet to a 5/8 inch steel pin
monumenting the Northeast Comer of said Lot 9;
Thence leaving said centerline, South 16005'58H West a distance of 27.36 feet to a point on the southerly
right-af-way of East Magic View Drive;
Thence following said southerly right-af-way, North 83010f27" West a distance of 49.74 feet to the
POINT OF BEGll'WlNG.
Thence leaving said southerly right-of-way South 16022121 n West a distance of 35.97 feet to a point;
Thence North 73037'39" West a distance af20.GO feet to a point;
Thence North 16022'21 If East a distance of 32~61 feet to a point on the southerly right-of-way of
East Magic View Drive;
Thence following said southerly right-of-way South 83010'2711 East a distance of 20.28 feet to the
POINT OF BEGINNJNG.
The above-described tract of land contains 686 square feet, more or less, subject to all existing easements and
rights-af-way (see Exhibit "B2").
Prepared By: ROYLANCE & ASSOCIATES P.A.
391 w~ STATE STREET, SUITE E
EAGLE, IDAHO 83616
208-939-2824
208-939-2855 (FAX)
-:s -:s l- oS
X:\Projecls\lohnson Archilects\2526\Admin\Legals\ water and sewer Legal.doc
.C
POINT OF BEGINNING POlNT OF
_ . · · · . . E. lv1A G~C ~ TZ COMMENCEMENT
· · · · · · · . V J BW D
- ~2~.),AS/S OF BEARING. ~~. .
. . . . .
I
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Legend
.
A
.. . ............ III'
...~
NB3iO'27"W ~ ·
CENTERLINE
OF ROAD
.... ..............
408:16' ---
27' R-O- W
I I
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, I L6 I
~
181 L5
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/ I L9
I
/ 30'~
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-~ I f:J
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to
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LOT 9
AMENDED
MAGIC VIEW
SUBDIVISION
LINE TABLE
LEN GTH
27.38
23.83
30.42
1 05.16
9.63
23.16
20.00
52.17
29.63
30.00
.... ..............
I
I
I
I
I
I
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BEARING
516-22"21 "W
58310'27"E
583i OJ27"E
516-22'21 "w
573-37'39"E
N16-22'21 "E
573-37' 39"E
516-22121 "W
N73-37'3g"W
N73-37'39"W
ROYLANCE AND ASSOCIATES PA
EXHIBIT flS1 n Engineers Surveyors Landplanners
PUBLIC WATER AND SEWER EASEMENT 391 W State Street Suite E Eagle Idaho 83616
Phone (208) 939-2824 Fax (208) 939-2855
20'
fl
40
o
80
rr.l.l.l.l 1...... r r.., r.l.#""".r II
SCALE IN FEET
FOUND 5/8" STEEL PIN
CALC'D POINT
PROPERTY LINE
CENTER LINE OF ROAD
- RIGHT-OF-WAY LrNE
- PROPOSED
EASEMENT LINE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
x: \Proiecis\Jonnsoil Architects\2526\Orowiogs\Exhibits\SS&Vloter EsmLdw9 3/31/2005 11: 05: 32 AM MST
(~.
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POINT OF COMMENCEMENT
Ea lvIAGIC V
· A TEWD~D rT r
· · .. BASIS OF .L '-l vB
- SB3i 0'27"[ BEARING · A.. 4
~ 408 02' .. · · · · ·
-~-
. N 83;0'27" POINT OF BEGINNING
---- · · .Jt. 108. 16J
· --- · · --- L6
CENTERLINE
OF ROAD
.. . .. .
20' WIDE
WA TER EASEMENT
::;/
I
I
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-...J
,..,
t-....J
LOT 9
AMENDED
MAGIC VIEW
SUBDIVISION
I
I
LINE TABLE
LINE LENGTH
L1 27.36
L2 49.74
L3 35.97
L4 20.00
L5 32.61
L6 20.28
I
I
I
I
#-
Legend
.
&
FOUND 5/8" STEEL PIN
CALCJD POINT
PROPERTY LINE
CENTER LINE OF ROAD
- RIGHT-OF-WAY LINE
- PROPOSED
EASEMENT LINE
25
o
50
I" I..T '1.... f.6''''.F I" I.I.F IJ
SCALE IN FEET
ROYLANCE AND ASSOCIATES PA
EXH I BIT UB2U Engineers Surveyors Landplanners DAlE
201 WATER EASEMENT 391 W State Street Suite E Eagle Idaho 83616 . 03-30-2ij
Phone (208) 939-2824 Fax (208) 939-2855 GRW
x: \Prolecis\Johnson Archilects\2526\Orowings\Exhibits\Wcter StUb :Esmt.dw9 3/31/2005 11: 06: 1 4- AM MST
(~
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(
MEMORANDUM
To:
Mayor Tammy DeWeerd
Members of the Meridian City Council:
ML Shaun Wardle, President
Mr~ Keith Bird, Vice President
Mr. Charlie Rountree
Ms. Christine Donnell
Members of the Meridian Solid Waste Ad hoc Advisory Committee:
MLBrad Watson, Public Works Director
Mr. Bill Nary, City Attorney
Mr. Dallas Tyler Lawrence) Mayors Youth Advisory Council
Ms. Nancy Slonaker, Meridian Resident
From:
Sanitary Services Company, Inc~
Subject:
Summary of Solid Waste Collection and Recycling, First Quarterl 2005
Date:
May 5f 2005
Introduction
This quarterly report includes solid waste infonnation for the first calendar quarter of 2005. Data
for prior quarters has been included for comparison purposes. More detailed information is
available upon request Please contact us at 888-3999 if you have comments or questions.
Complaints/Compliments
Sanitary Services keeps a log of all customer calls and categorizes them by type. The table
below summarizes the calls we received by category during the reporting period.
Receptacles not out or missed 188 82 94
Damaged can or property 1 1 7
Service complaint 2 3 5
New service request 88 87 101
Compliment 0 2 0
Service question/request 69 53 62
Collections characterized as "missed" or Ulaten were unusually high in January, likely caused in
part by New Year's and Martin Luther King Day holidays. We addressed this problem with our
drivers and figures for this category improved substantially in February and March~
1
(-
Residential Curbside Recycling
The residential curbside recycling program began in October of 2000. The program continues
to grow and expand to better fit the needs of the community. sse is the only collection
company in the Treasure Valley to offer residents curbside collection of small electronics, cell
phones, and printer cartridges~ Additionally, we are the only collection company in the area that
returns all proceeds to the city where collection occurs. During the first quarter of 2005f sse
returned $9,460 to the City for community enrichment projects.
Quarterty Residential Recycling Data
350
300 or
250
~ 200 "
{!. 150 :..
100 "":.::
50 ~ ~:.:
$10,000
$9,000
$B~OOO
$7,000
$6t 000 P!
$5 .!!
tOOO '0
$4~OOO 0
$3,000
$21000
$1,000
$.
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Otr 2nd Qlr 3rd Qtr 4th Qlr 1st Qtr 2nd Qtr 3rd Qlr 4th Qtr 1st Qlr
t02 U2 TI2 '02 rro U3 '03 t03 tJ4 ~04 '04 104 U5
fiiiJI Tons -+- Net Received by the c~
Actual participation in this program is difficult to determine due to the rapid population growth in
Meridian, coupled with th.e fact that residents are encouraged to set their bins out only when
they are full. Using an industry standard, participation for the first quarter of 2005 was
estimated to be 62%, with an average set out weight of 12.4 pounds per bin. Quarterly figures
for participation rates and set out weights are represented in the following graph.
Quarterly Residential Recycling Summary
20.0
1 B~O ·
16~O r
14.0
i 12&0 :"
S 10.0 .:.
o ...
a. 8. 0 ~"":-."
6.0 · ~""/
4.0 :
2rO - ~...
100.0%
90.0%
~. BO~O%
70rO%
60~O% I
50~O%
40rO%
~ 3040%
~ 20.0"10
1 0.0%
O~O%
O~O
1st Otr 2nd Qtr 3rd QIr 4th air 1st Qtr 2nd Qtr 3rd Qtr 4th Qlr 1st Qtr 2nd Qtf 3rd Qtr 4th Qtr 1st Qtr
.02 '02 t02 '02 t03 '03 t03 U 3 104 U4 104 U4 ~05
Giil9 Pounds
--+- Participation Percent
2
Household Hazardous Waste Collection
Household Hazardous Waste (HHW) collection began in Meridian in 2001. Participation in the
program has grown substantially as community awareness and understanding have increased
through word of mouth and public outreach efforts such as newsletters. Since the program
began, more than 131,300 pounds of household hazardous waste has been collected at the
Meridian mobile collection site~
Collection numbers are generally lower during the first quarter of each year. The first quarter of
2005 showed a 35 percent increase in pounds collected and a 62 percent increase in
participating homes compared to the first quarter of 2004~ The following chart indicates the
steady increase in quarterly total weights of household hazardous waste collected and the
number of participating homes.
Household Hazardous Waste Mobile Collection
18.000
16tOOO ·
14tOOO ~.
12tOOO ~
"
~ 1 0,000
.!!
0
0
en 8 t 000 ~
Q
..J
6.000 -
4.000
2~ 000 ~
400
~ ~ 350
300
250
=
E
o
200 ::
o
o
z
150
~ 100
- 50
1st Qtr 2nd Qtr 3rd Qtr 4th Otr 1st Qtr 2nd Qtr 3rd air 4th Qlr 1st Qir 2nd atr 3rd air 4th Qtr 1st Qtr
t02 '02 .02 ~02 '03 '03 103 .03 rQ4 tQ4 '04 -04 '05
ImmI lbs Collected
-+-- Number of Homes
3
~
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Used Oil Recycling
Curbside collection of used motor oil was first offered to Meridian residents in May of 1999.
Participation in this program has grown steadily over the years, and more than 28,000 gallons
have been collected since the program began.
Used oil collection is typically lower in the first and fourth calendar quarters and higher in the
second and third quarters. Collection numbers for the first quarter of 2005 were consistent with
this trend. Volumes of used oil collected at the curbside from residential customers are
represented in the graph below.
Used Oil Recycling
3000
500
2000
en
c
..e 1500
Iii
(!)
1st Ctr 2nd Qtr 3rd Qtr 4th (JIr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 1st Qtr
~02 1102 "'02 1102 "03 1103 1103 103 "04 T04 104 w04 .05
4
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May 6, 2005 AZ 04-029
MERIDIAN CITY COUNCil MEETING May 10,2005
APPLICANT Tom Holliday / Cottonwood Lane Partners ITEM NO~ 5-0
REQUEST Development Agreement - Request for annexation and zoning of 8.58 acres from
RUT zone to C-G zones for Cottonwood lane - 985 East Freeway Drive
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:
Se. attached Development Agreement
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeffngs shall become property of the City of Merldian~
t""
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Cottonwood Lane Partners
P. O. Box 464
Nauvoo,IL 62354
Phone 775-750-0612
Fax 775-562-8400
e-mail Sandwins@aoI.com
April 26, 2005
Tara Green, Deputy City Clerk
City Hall
33 East Idaho Avenue
Meridian,ID 83642
Re: Development Agreement-Cottonwood Lane AZ 04-029
Dear Ms~ Green,
Enclosed is the original Develo.pment Agreement referred to above. I have signed as the
General Partner of Cottonwood Lane Partners as owner/developer, notwithstanding that the Wells
Investment Trust is the actual property owner.
I have done so on advice that the City Attorney has concurred in view of the owner's letter
on file giving Cottonwood Lane Partners authority to act as agent for the owner in the
zoning/annexation process and the attached letter of approval of the Development Agreement
executed by the trust officer for the Wells Investment Trust.
fL4 tA4,
Thomas M. Holliday
TMH/bh
Ene: As indicated
cc: David Bohecker
Mark Bottles Real Estate
\\Tomslaptop\my documents\Meridian ltr Tara Green 4.26.05.doc
:(" .~-!'--
Cottonwood Lane Partners
P. O. Box 464
Nauvoo,IL 62354
Phone 775- 7 50-0612
Fax 775-562-8400
e-mail Sandwins@aoI~com
April 26, 2005
Tara Green, Deputy City Clerk
City Hall
33 East Ida.ho Avenue
Meridian,ID 83642
Re: Development Agreement-Cottonwood Lane AZ 04-029
Dear Ms. Green,
Enclosed is the original Development Agreement referred to above.. I have signed as the
General Partner of Cottonwood Lane Partners as owner/developer, notwithstanding that the Wells
Investment Trust is the actual property owner.. .
I have done so on advice that the City Attorney has concurred in view of the owner's letter
on file giving Cottonwood Lane Partners authority to act as agent for the owner in the
zoning/annexation process and the attached letter of approval of the Develop.ment Agreement
executed by the trust officer for the Wells Investment Trust.
OR~I~rl
SIGNED
Thomas M~ Holliday
TMH/bh
Ene: As indicated
ve(
David Bohecker
Mark Bottles Real Estate
\\Tomslaptop\my documcnts\Meridian Itr Tara Green 4.26.05.doc
~ ~
(..: ..
ADA COUNTY RECORDER J~ DAVID NAVARRO AMOUNT .00 34
BOISE IDAliO OS/26/05 01t.r'....~:~
DEPUTY Neava Haney t.,..,:.... .. 1111111111111111111111111111111111111
RECORDED -REQUEST OF 1 ~3506 71 tf2
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Cottonwood Lane Partners, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreelnent"), is made and
entered into this 2b-r~ day of Hp-r/Z. , 2005, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Cottonwood Lane Partners, whose address is PO Box 464, Nauvoo, Illinois 62354,
hereinafter called "OWNER/DEVELOPER"~
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" 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. S 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning and conditional use permit of the "Property"
described in Exhibit A; and
1.5 WHEREAS, "Owner/Deve.loper" made representations at the public
hearings both before the Meridian PlalUling & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improveme.nts 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
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-04-029) PAGE 1 OF 13
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1.7 WHEREAS, City Council, the 1st day of February, 2004, l1as
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set fortIl 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 "OwnerfDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" 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
1.1 0 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No; 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
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;
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ...04-029) PAGE 2 OF 13
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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 "OWNERlDEVELOPER": means and refers to Cottonwood Lane
Partners, clo Tom Holliday, whose address is PO Box 464, Nauvoo,
Illinois 62354, the party developing said "Property" and shall include
any subsequent owner(s)/developer(s) of the "Property".
3.3 "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 and L-O 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 are only those uses
allowed under "City's" Zo.ning Ordinance codified at Meridian City
Code Section 11-7-2 (C) which are herein specified as follows:
Rf!zone of 8.58 acres from RUT to C-G for a mixed use
development to include a hotel or restaurant on Freeway Drive.
Tlte balance of ti,e development would include an office park
hellind ti,e retail area and multi-family/apartments on a portion of
ti,e land witJlfrontage on Wells road and to ti,e East,
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit, and s.hall 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 comme.ncement of construction
of any buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPMENT AG.REEMENT - COTTONWOOD LANE (AZ-04-029) PAGE 3 OF 13
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"OwnerlDeveloper" shall develop the "Property" in accordance with the
following special conditions:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/
C-G zone.
2. All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions or 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.
3. The applicant will be responsible for multi-use pathway construction along
the Five Mile Creek. Construction of said pathway 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. T.he pathway must conn.ect from one
major arterial to another, and either an easement or ownership deed must be
granted b~fore the city will assume the maintenance of any section of
pathway.
B. Adopt the Standard Conditions of Approval as follows:
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 an.d any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator
at 387-6258 (with file numbers) for details.
5~ All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
DEVELOPMENT AGRE.EMENT - COTTONWOOD LANE (AZ-04-029) PAGE 4 OF 13
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c.
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineering 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 permits (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 is required prior to building
constru.ction in accordance with Ordinance #200, 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 ap.plicant at no cost to ACHD shall repair existing utilities
damaged by applicant~ The applicant shall be required to call DIGLINE (1-
800- 342-15 85) 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 comprised
during any phase of construction~
10. The applicant shall coordinate the location and design of trash dumpster(s)
with the Sanitary Services Company (SSe) staff. Trash enclosures must be
built in the location and to the size approved by sse. All dumpster(s) must
be screened i.n accordance with MCC 11-12-I.C. Contact Bill Gregory at
sse (888-3999) for detailed review of your proposal and. submit stamped
(approved) plans with your certificate of zoning compliance application.
11. No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1.
12. All required improvements must be complete prior to obtaining a Certificate
of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtain.ed by providing surety to the City in the form ofa
letter of credit or cash in the amount of 11 0% of the cost of the required
improvements (including a paving, striping, landscaping, and irrigation). A
bid must accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required improvements.
DEVELOPMENT AGREEMENT - COTTONWOOD .LANE (AZ..04-029) PAGE 5 OF 13
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13. If construction has not begun within 18 months of City Council approval, a
new conditional use permit must obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and .properties, in
accordance with City Ordinance Section 11-13-4.C~
15 · A drainage plan designed by a State of Idaho licel1sed architect or engineer .is
required a.nd shall be submitted by the City Engineer (Ord. 557, 1 0-1-91) for
all off-street parking areas. Storm water treatment and disposal must be
designed in accordance with Department of En.vironmental 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.
16 ~ All signage shall be in accordance with the standards set forth in Section 11-
14 of the City Zoning and Development Ordinance.
17. All construction shall conform to the requirements of the Americans with
Disabilities Act.
18~ Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of the
conditional use permit.
19. No change in the terms and conditions oftms 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 Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District
20. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the application to comply with all
rules, regulation, 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 ACHD conditions listed in their report dated November 16, 2004, which
report lists required site-specific requirements, conditions of approval and street
improvements.
DEVELOPMENT AGREE.MENT - COTTONWOOD LANE (AZ-04-029) PAGE 6 OF 13
t)
D~ Comply with all the conditions in the corresponding applications in tllis In atter,
Request for Amlexation and Zonil1g, AZ-04-029.
E. Adopt the action of the City Council taken at their February 1, 2004 meeting as
follows:
For clarification:
1. No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the stru.cture changes to a use permitted in the L-O/
C-G zone.
2. All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions or 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.
3. The applicant will be responsible for multi-use pathway construction along
the Five Mile Creek. Construction of said pathway shall meet the standards
as set fort~ in the August 2003 Comprehensive Parks and Recreation System
Plan, pgs" 3-2 a-nd 3-3, sections B & C. The pathway must connect from one
major arterial to another, and either an easement or ownership deed must be
granted before the city will assume the maintenance of any section of
pathway.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and
the commitments contained -herein shall be terminated, and the zoning designation reversed,
~pon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined in I.C~ 9 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
DEVELOP.MENT AGREEM_ENT - COTTONWOOD LAN-E (AZ-04-029) PAGE 7 OF 13
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8..1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Ovvner/Developer"
fails to cure such failure within six (6) mont11s of such .notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improve.ments 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/Developer", "OwnerIDeveloper'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.
1 O~2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
.memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and su bmit proof of such recording to "Owner/Developer", prior to the
third reading of the Meridian Zoning Ordinance in co.nnection 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 an.d 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 co.mpetent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
DEV.ELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-04-029) PAGE 8 OF 13
~.~-::.. . .
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13 ~ 1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of 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 th.e 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/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 exten.ded 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 improve.m.ents,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has 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/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
DEVELOPM.ENT AGREEMENT - COTTONWOOD LANE (AZ-04-029) PAGE 9 OF 13
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Tom Holliday
Cottonwood Lane Partners
PO Box 464
Nauvoo, IL 62354
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian,ID 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 T.HE 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 "OwnerfDeveloper" 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
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-04-029) PAGE 1 0 OF 13
("
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 "OwnerlDeveloper", to execute appropriate and recordable
evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agree.ment 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/Developer" a-nd
"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/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
th.e 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
239 EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zo.ning Ordinance
in connection with the annexation and zoning of the "Property" and execution of the Mayor
and City Clerk9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERlDEVELOPER:
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ..04-029) P AG.E 11 OF 13
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BY:
CITY OF MERIDIAN
CITY CLERI( I
~J'1110(~S
STATE OB-IBAII9 )
J-I((/1~o<<sS
COUNTY bF ~ )
ATTEST:
5""-/0 -tiS-
~/~ ~
On this ~{? .aayof ;Lc;o S , in tb.e year 2005, before me, a
Notary Public, personally ~ppeared , mown or
identified to me to "be the of COTTONWOOD
LANE PARTNERS, alld t e person who e cuted the instrument and acknowledged to me
that l1e executed the same on behalf of said limited liability corporation.
~OJ ry (
Residi
COI11Irii s sian expires:
STATE OF IDAHO )
: 58
County of Ada )
On this /rYiA day of , in tIle year 2005, "before
me, a Notary Public, personally a:ppeared Tanuny de We rd and William G. Berg, Jr~, known
DEVELOPMENT AGREEMENT (AZ 04-029) COTTONWOO"D LANE - PAGE 12 OF 12
,:.....-..: .
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or identified to me to be the Mayor and City 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)
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.DEVELO PMENT AGRE.EMENT (AZ-03-027)
PAGE 13 OF 13
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Exhibit riA If
i\nnexation Legal
A parcel of land for annexation located in a portion of Lot 23, Block 1, of -A.mended Magic View
Subdivision) as ShO\Vll on the official plat recorded in Book 52 of plats at pages 4445 and 4446,
Records of Ada County, Idaho) and a portion of the EI/2 of Section 17, Township 3 North, Range
1 East, Boise lYferidian, City of Meridian, Ada County, Idaho and more described as Follo\vs:
Commencing at a brass cap monument marking the NE comer of the NE 1/4 of said Section 17,
thence along the East line of said section 17, SOQo46'02HE, a distance of2,652.92 feet to a brass
cap monument marking the SE corner on the NE 1/4 of said Section 17, thence leaving said E.ast
line, S69031129"W, a distance of 1,062.84 feet to a point on E. Free\vay Drive being the POINT
OF BEGINNING;
Thence along the centerline afE. Freeway Drive, 853010111 nw, a distance of 112.17 feet to a
point;
Thence along an arc ofa curve to the right~ having a radius of3671.69 feet, an arc length of
241.34 feet} a central angle of3045'58", and a chord bearing ofS53030r16u\V a distance of
241.31 feet to a to a point;
Thence leaving the centerline ofE. Freeway Drive N34037127uW, a distance of 30.00 feet to a to
a 5/8 inch rebar marking the intersection of the North right-of-way line ofE. Freeway Drive and
the West line of said lot 23;
Thence leaving said North right-of-way line and along the West line of said lot 23, NOoo50'40nW,
a distance of 547.47 feet to a 1/2 inch rebar;
Thence leaving said West line and along the South line of said lot 23, S89040'22ttW, a distance of
782wOl feet to a 5/8 incll rebar on the East right-af-way line of S. Wells Drive;
Thence leaving said South line, S79059'03HW, a distance of.25.00 feet to a to a point on the
centerline of S. Wells Drive;
Thence along the centerline ofS. Wells Drive, NIooQOI57uW, a distance of7.85 feet to a to a
point;
Tllence along an arc of a curve to the right having a radius of 133.40 feet an arc length of 61.57
feet, a central angle of 26026138H and a chord bearing ofN03012122uE a distance of 61.02 feet to a
point;
Thence N1602St41 HE, a distance of391.86 feet to a to a point;
Thence leaving the centerline of S. Wells Drive, S73034t19UE, a distance of25.00 feet to a 1/2
inch rebar on the East right-of-way line of said S. Wells Drive, also being the NW comer of said
lot 23;
Thence leaving said East right-af-way line and along the Northerly line of said lot 23,
S72029t27HE, a distance of702-83 feet to a 5/8 inch rebar marking the Northeasterly comer of
said lot 23;
Thence leaving said Northerly line and along the Easterly line of said lot 23} 827038'31 uE, a
distance of 625.95 feet to a 5/8 inch rebar on the North right-of-\vay line of said E. Freeway
Drive;
Thence leaving said North right-af-way line S36049r49HE, a distance of 30.00 feet to the POINT
OF BEGfNNING.
~..'],~...... ...~ -r
Said parcel cont~ins 377 ,281.square feet Of. 8~6~ acres, more or less and is subject to all existi~~~~~~~::~~'.;;:_~~:;.~~ .:~~~
easements and rIghts-of-ways of record or ImplIed.}.. rf _ Jf~-'::'~.;.[\~.\ !: :.-: !if:~':" ~;,-:.;)_;\
f r~ ;: ~ ~ F"- ~ i'.J 11; P no, 1!J "~~ ..- f7 .._~ .If-" F\ -~ ~ .. ~...... ~r \
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LA W AND
DECISION & ORDER
In the Matter of a request to Annex 811d Zone 8..58 acres from RUT to C-G (General Retail
and Service Commercial) AND L-O (Limited Office), by Cottonwood Lane Partners.
Case No(s): AZ-04-029
For the City Council Hearing Date of: February 1,2005
A. Findings of Fact
1.. I-Iearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public l1earing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public llearing before the
City Council was posted upon the property under consideration more than one \veek
before said 11earing~ All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the Febnlary ], 2005, public
hearing(s). The applicant) affected property owners, and government subdivisions
providing services within the plarulingjurisdiction oftbe City ofMeridiWl were
given full opportunity to express comments and submit evi~ence~
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Counci1*
d& The City Council heard and t,ook oral and written testimony and duly considered the
evidence and the record in this .matter.
2.. Process .Facts
a4 There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code 9~ 11 MO 15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed witll the staffreport
3. Application and Property Facts
C1TI' OF l\1ERlDIAN FINDJNGS OF FACT, CONCLLfSIONS OF LAW AND DECISION & ORDER
CASB NOeS), AZ-04,,029 - .P AGE 1 Of 3
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8. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Reconunendation for the subject applicatiol1(S), it is hereby
verified that the property o'\rvner(s) of record at the time of ~ssuance of these
findings are David and Maude Wells.
4~ Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit C for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of] 975," codified at Cllapter 65, Title 67, Idaho Code (I~C_ ~67-
6503 ).
2. The Melidian City Council takes judicial 110tice of its Zoning, ~ubdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. TIle City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofth.e City ofMeridjan, which was
adopted August 6, 2002, Resolution No~ 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
9 11-1 7 -9 .
4.. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction~
5. It is found public facilities and services required by the prop:osed development "viII.oot
impose expense upon the public if tIle attached conditions of approval are imposed.
6.. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
tile applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice~
7. That this approval is subject to the Legal Descriptions in Exhibit A, and the Al1nexation
and Zoning Comments in Exhibit 8.. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application".
c. Decision and Order
Pursuant to the City Council~s authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
1. The .Annexation and Zoning Comments are as shown in Exhibit B.
D. Exhibits
ClTY OF MERIDIAN FIN.DINGS OF FACT, CONCLUSIONS O.F LAW AND DECISION & ORDER
CASE NO(S). AZ-04-029 M PAGE 2 of3
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Exhihit A: LegaL Descriptio118 (3 pages)
Exhibit B: Annexation and Zoning Comments
Exhibit C: Zoning Amendment Findings
By action of the City Council at its regular meeting held on tlle /!7,1'A: day of
, 2005.
COUNCIL MEMBER SI-IAUN WARDLE
VOTED
~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
. (TIE BREAKE"R)
VOTED
Attest:
and City Attorney.
By: j ~
City Clerk's Office
Dated: ~. ~d -05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS~ON & ORDER
CASE NO(S). AZ-04.029 - PAGE 3 of3
EXHIBIT A
CottoDl\'04ld Lane
AZ-04-029
Legal Description
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Ann~uticn Legal
A paml orland fat Klblr.UtltlJa being 8 portJon ttf Lo123. B~Qd< I ~ of ~ ~Crc View Subdlvidnn.
as 9itown oa tOO DffieillphtNGardId laBook 52 ofpJllb at pag.es 4,"j md 4446_ Records of Ada CounlY~
I~ being in the BI/2 ofSeetilm 11.. TmNl'dhip 3 North. rill8~ J &l:l. am..t.kriiill'l. Cily of Me:idi~
Ada County, Idaho I.hd 1'IOfe parliculrIrb described u tblloWs:
Conmtendng III tn"a AP monuniOm inarking rbe NE CGmcr of tho NE 114 of Mid: Smlou. 17. mence
alone: dIe: EM1 ~ ofuid -lIoo 11 ~tJ2-E & ditl1w:e of2t652.9Z Atetlo Illns. cap roonumenl
mark ins fh.e SE cotnct Oft I~ HE I/~ of $8kt $<<.d(JO 11 ~ theme eo Jee vi n.g a.(d Ba1I lina, S69~ I ~9PW ~ a
di:Jtmu:e of J ,.062.84 feet to a poiht <<r!be ClI1C1: rJ ine of E. F~ way Drivo tlefn8 die 'OINT 01
BEGfNNINQ~
Thaqct alrmgsuid ~ofB.. FmcwayDrive SSJI)IO'II'IW adbtance 01112.11 Wt to . pointo(cu,p;
Thence alO:ag4JI arcola ~ curvoto~tf.gbl. havinS e radiut of3'99."",. an ere ltmgtb of
242 .1-6 fe.ot.. a central ansfa of304-S'ol ~ " ad a.cbonJ. beatm& 0 r s.s" 0 31Y0ifrCN 8. dist~ of 242~ 12 feel to a
m a pttint;
Tbance leaving said eeatIrtiDe erR. PAow4Y Drlw: M34Ojr27~W .. distapce of3G,OO feet to a to a SI8
il1Ch rebat mark1na: lie huera:ection.oflla ~ rjahf<<-way line orE. Fnevm, Driw bd t:be w cst Une of
said LoI 23;
Thence lhvina Aid NorJb rIaln..of-'W8Y line and aJoog the Wait lint' or 3!ifd LotD NOOIJISO'"OItW If
cllACBllCO Dr 541.41 k'k1 a III iucb rabar;
Th~ lel.vina NJdW_HIw sn4A1qUlOS~1Jlb fic>>of:safdLot 2J SSg044r22ftWa distance of7&2.0t
feet to a S!S incIt robarGllIiofH:~.waYlina ofS. Wells. DriYej
1lwzce ~ said SouI!I .... ud Mfd San fiSht..of..way linft S1goS9'OJ.W ,. d~ Df 25.00 feet to . to
Ii poiat Ob tIIo CIbIt:rBn_ of Ilid S. Wonl Drive;
Tbcmco a.1na saJd CCDteI"IiH Mt~. distaRce of 74B5 feet 10 . 10 . poi.qt of~;
~ along lI1ateot.~tolhc daf,u~4rud.iuS of I 33..'!UJ 1'bctuarckngtb.or6I,S1 f=. II
cmttaJ IlQ.gle ~f 26C12B380 a.1 ~ hasrba ~ N03d 1.1'22" E G diSbmCC at 61.Q1 f6ct to II point;
11im.ce N16~S'41-Ea~ot3Jl..86 _IQ 4 tna pth\t;
Thcm~ Iea~iag d10 ~ 8730J4tI9'E .4lIInOe ()f 1S.o0 feel: tOl }J2 indI nb. on said But right-<lf:.
w~ One o(S. Wen. Dr.Eve. sho balq IbI NW Comer of said Lot 23;
Th.enctIleav;lDj arrid So$( ~'iilr tine lad 8)s)gS the North line of Hid. Lot 2J :S'2'29'2'1~ a distan~
ef"701.8J reotrD Po 511 tn.ch rtttw-1Ul'kIDa dR~.ly comer ofsafd Lot23.
lltenu leanrlni .wd Nonb lIu UJdal(m& die eaatcrq irQ of sqJd Lot23 srMI'l ~a iliatalKc of 62$.9:5
Ibot to-...5Ia incb rahur on ~ No~ rtgbr-ofwway lirle o.fE~ ~ Ddvo;
~ leavlne 1iIl1d~ ~WQ Jlna $3~4Qr~E a disuUtce 0/30.00 !del m rite POINT OF
aROf1'(NtN(; ~
Slid P'ROI ~ 3?1',280 1rJ"""-W ".8,6& ~ mo~ or 10016 Bbd ;. aWjen h;I;IdJ: nitriog 08!cments
dlJ~WI.YI Gfniooftl or 1mp&4
~~~
JAN. 21' lOO5
4 PUlUC
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Exhibit ttcn
~Zone Legal
Portiona tlf Lot 2310 Block]. of Amondbd M88ic View Subdivision. us. shown on' the ~fflCiBl (lIst
n:cc;JJded in Book 52 of plats at Nas 444S EU1d 4446t Re.corm of Ada Co\1lUy, ldaflo, being in the
sin ofSediou 11, TOV(nahipl N~ Rnogo 1 East, B<ti$$ Me-ridian. City of Meridiun. Ada
Cmmty, Idaho ADd Il1.on) puticuhirty described. as follows:
Commt:ncing n1 a bmscap~ ~D.8 the NEcomeroftho NB 1/4 oflleid Se.etfon 17~
thenoo along the Ealt line or said IIeC1tcn I? S()()1\46ro.211B a OJ~~ Df2.6$2.92 feet to Is bJ-bC)
capmonumcot markJngtbo SE COt'IiDr Oft the WB .l/4 (l(snid Section 11; t1umcc leaving laid East
lino S69031~91tW 8 disrmtce of 1 ~062JJ4 feet to Q point on the callerlltt~ orB. .Freeway Drive=.
~honce Ieavil1gsaid oe~ine 1!06649'49"W a distance Df 30.00 teet t9 tl SJ8 inch rcbar on the
notlberly rigftt~f-\wy ifni of 8IIid E.. Frr:c-vmy Drive being the POINT OF BEGINNING of a
portJon olwd Lolnta be.re-zoJ1edCG;
~ aJons said risht-of:.\'Y8.Y lin. of E. Frce:way Drive SS3~10111"W d ilistallce of-1 12.17 f~t
tq a point ofcwp; fbenc.a lloftla 3669.n foot radius nan-tAngent C:~CG:cave northwesterly
through aceatraJ 811&10 Df3045"O'-b&vlng 8 length of240.19 r~ f aad D chord bearing ·
SS30]Of16"W a disranco of240t I $-feet to a 10 a poinr; thence (<<Ivins I8id ri.ght-ot-wny line and
zIons; tho West JiDO otsaid.tot 23- NO()'OSCV40"W, a distance ofS41.47 "loa 112 inch rcbst;
Thcnte leaving said ~_ lino NW40t22"S 0, distam:c of J 13~9[) feet to a point on tho easterJy
Un, of said [,ot 23.kJ]O'W1 h..a U POINT OF BEGINNING ~A"'~ thence~long said eulerr), line
Qf said lot 23 S2]038lJI-E. II disluca ofl! 1.52 feet too POINT OF BEOIMN'INO.
Snid P<Jrtion coalain$ 91.958 squaru foet or 224 acres more or tots. end is aubjcct to an.y
ea#:l1ICRb and/or righ.t:wtf-wa)'l onllfCOl'd ~ imp3icd.
To.Ftbcr wilh a portion at said Lot 23 1.0 be zoned IrO beginnin$. at aforementioned 'PO~T Of
BOOINNINO .,. A ";.
Thcnoe SW-W-22WW D dJ~ of ll}~9() feet 10 a 1/2 meh rcbar 81 an qle point in tb-e
bovnda.r)llinc of:said l(r(23~ ~aJong tic Scvth line ofJai<J Jot 23 ~40'22"W 8 distance
Qf182.01 roctto 8 5/1 inchmbaron tbeEastript-af-.way Unc of-5, wttUs Drive;
Tbo.n.ce Ioaviol said. South lito fl.ftd tlItm& Hid Eam ri!ht--of-way liDe NtooorrS7.W a. d.i5tMce of
7, '85 ~ to alL) A ~ fJr ~.thence sIena 4 1 J.3..40 foot radJus CONO concave eait.erly
thraqb II ~ anal~qf%fjoa6.31" bavint a Jenstb of 50.03 fcet(a Ions dIord af61 .02..feet
~ ofN03012'22.i) 10. .ll1 i"lebaG ~ NI6~'41 uE, 4 d:iltart.c6 of i9t.86 feet to & to
a.{12 inch rebar nuaItina the- If\V comer of ~d L<< 23; <<honoo SIavtas Ui4 East ri&bt..of..way I tne
and along 1M northIriy 1iM: of takllot 2) 5noz~1)lB a. distance of 1t'tt1l13 feet t() a S/8 inch
mber wnking, thai nortbeaatwly ~t of said lot 23; lheo.ce leaWna lfi~ nottbuly line an-d al ang
th4 eASt~ly Uno Df.ui 1ut23 S2ro38~ 1":5 a diBtaDOC of244.43 foctfD.POINT OF BEGINNING
I '"2" I
Soid portion contains 251..345 sqae reet or S.90w:~ >>1010 or _ BII.d iB8ubjCtCt to. aU existing
IflSemcn1! and rigfttH)~ ofrocord Dr implied.
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RE~ZONE LEGAL
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EXffiBIT B
Coiton\vood Lane
AZ-04-029
Annexation an.d Zoning Comments
1 ~ The submitted legal deSCriptions for this property, prepared by Stephell R~ Lee,
Jr., stamped 1-26-05, appear to meet the requirements of the City of Meridian and
State Tax Commission and will place the parcel contiguous to existing city lilnits.
Said legal descriptions depict a 5.90 acre portion of the site to be zoned L-O and a
2~24 acre portion of the site to be zoned C-G,
2. The subject property is within the Urban Services Planning Area~
3~ Prior to the annexation ordinance approval, a Development Agreelnent (DA) shall
be entered into between tIle City of Meridian~ property O\~lner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attornev'! Bill Nary~ at 888-4433 to initiate this orocess. The DA shall
incorporate the following; .
· The applicant will be responsible for all costs associated with the sewer and
water service extension. 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 fro.m the City of
Meridian~ Wells may be used for non-domestic purposes such as landscape
irrigation~
· No alterations, expansions, reconstructions or other enlargements to the
existing single-family strncture will be pennitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/C-
· G zone~
· All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development~ All future uses shall not involve uses, activities" processes,
materials, equipment atld co.nditions of operation that ,viti be detrinlental to
any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes~ glare or odors.
· The applicant will be responsible for multi-use pathway co.nstruction along tIle
Five Mile Creek. Construction of said pathway shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Platt,
pgs. 3-2 and 3M3, sections B & c~ The pathway must connect from one major
arterial to another, and either an easement or ownership deed must be granted
befol.e the city \viII assume the maintenance of any section of pathway a
· Any other conditions desired by the Commission and Council ~
LISTED BELOW ARE SOME COMMENTS RELATED TO DEVELOPMENT
OF THE SUBJECT SITE. UPON THE RECEIPT OF A DEVELOPMENT
APPLICATION IN THE FUTURE, THE PLANNING DEPARTMENT INTENDS
(.
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TO FURTHER ANAL YZE AND IMPOSE CONDITIONS RELA TED TO THE
COMMENTS BELOW, ADDITIONAL REQUlRE1\IENTS THAT APPL Y TO
DE\'ELOPMENT OF T.HE SUBJECT SITE I\fA Y ALSO BE IMPOSED WITH
FUTURE DEVELOPMENT APPLICA TION(S).
MERIDIAN FIRE DEPARTMENT COMJ\tlENTS (AZ-04-029)
1. Provide fire hydrant spacing per the International Fire Code~ COlmnercial and
office occupancies will require a fire..flow consistent with the International Fire
Code to service the proposed project Fire hydrants shall be placed an a\'erage of
300' apart.
· Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot
aisle.
· The Fire hydrant shall not face a street which does not have addresses on
it
· Fire hydrant marI{ers shall be provided per Public Works specs.
· Locations with fire hydrants shall have the curb painted red 1 O~ to each
side of the hydrant location~
· Fire Hydrants shall be placed on comers~
· Fire hydrants shall not have any vertical obstructions to outlets within 1 0' ~
2~ The phasing plan may require that any roadway greater than 150' in lengtll 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.. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
6. Operational fire hydrants and temporary or pennanent street signs are required
before combustible construction begins.
7~ Maintain a separation of 5' between future buildings and dumpster enclosures~
- 8. Fire lanes and streets shall have a vertical clearance of l3"6". This includes
mature landscaping~
9~ Commercial and office occupancies will require a fire~flow COl1sistent with the
International Fire Code to service the proposed project.. Fire hydrants shall he
placed an average of 300' apart
10. The proposed multi-family development has an estimated 40 l.Ulits~ The Meridian
Fire Department has experienced 2397 responses in the year 2003~ According to a
/:"
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report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by tl1e year 20 I 0 ~
-II. The proposed office/commercial uses will have an unknown transient population
and will have an unknown impact on Meridian Fire Department call volUlnes~ 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 selVice are projected to reach 2800 in the year 2005 and 3800 by the
year 2010t
12. The first digit of the Apartment/Office Suite shall correspond to the floor level.
13 ~ All processes & storage .practices shall be required to comply \vith the International
Fire Code.
14. All portions of any buildings located on this project must be within 150' of a paved
SUlface as measured aroWld the perimeter of the building.
15~ Fire Sprinklers will be required for all buildings associated with this project.
16. No Parkillg signs and painted curbs will be required for all Fire Lanes.
] 7 · Provide exterior egress lighting as required by the International .Building & Fire
Codes.
SANITARY SERVICES COMPANY COMMENTS
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an
approved site plan from sse.
2. Please contact Bill Gregory at sse (888-3999) for detailed revie,,' of your
.proposal and submit stamped (approved) plans with your certificate of zoning
compliance application_
MERIDIAN PARKS DEPARTMENT COMMENTS
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 ofPath\vay: TIle pathway
must connect from one major arterial to another, and either an easenlent or
ownership deed must be granted before the city \vil1 assume the mailltenance of
any section of pathway.
3 ~ Standard for Mitigation of trees: The stalldard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
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4. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed..
NAMPA & MERIDIAN IRRIGATION DISTRICT
< 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 revie\v drainage
plans9
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,. ·
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
This application ;s for a '~ezone only.. List~d below are some of the policies that
apply to the site. Upon the receipt of a development application the .District may
require additional FindilJgs of Consideration and Site Specific Req uiren,ents
that apply to the_review offuture developl1Jent applications.
I.. Construct Freeway Drive abutting the site as one half of a 40-foot street section
with vertical curb, gutter and 5..[00t attached concrete sidewalk within the existing
right-of-way to match the adjacent improvements.
2. Construct any proposed driveways on Freeway Drive a maximum of36-feet \vide1l
Pave the proposed driveways their full \vidth and at least 30-feet into the site
beyond the edge of pavement of Free\vay Drive and install pavement tapers ,^,ith
15*foot radii abutting the existing roadway edge.
3.. Dedicate 27-feet of right-of-way from the centerline of Wells Street (an ad,ditional
2-feet of right-of-way) abutting the parcel by means of recordatio.n of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first Allow up to 30
business days to process the right-of-way dedication after receipt of all req'uested
materiaL The owner will not be compensated for this additional right-of-\vay
because Wells Street is classified as a local roadway and is to be brought to
adopted standards by the developers of abutting properties.
4.. Construct Wells Street abutting the site as one half of a 40-foot street section with
vertical curb, gutter and 5-foot attached concrete side\valk.
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5. Construct any proposed driveways on Wells Street a maximum of36-feet \vide.
Pave the proposed driveways their full width and at least 3D-feet into the site
beyond the edge of pavement of Wells Street and instal 1 pavement tapers with 15..
foot radii abutting the existing roadway edge.
6~ Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I~ Any existing irrigation facilities shall be relocated outside of the right-of-way..
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer~
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details..
4~ Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-6258 (\vith 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 Seivices procedures and all applicable ACHD Ordinances unless
specifically waived herein~ An engineer registered in the State of Idaho shall
prepare and certify all improve1nent 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 #200, also known as Ada County High\vay District
Road Impact F ee Ordinance~
9. It is the responsibility of the applicant to verify all existing utilities withill the .
rigllt-of-way. The applicant at no cost to ACHD shall repair existulg utilities
damaged by tIle applicant. The applicant shall be required to call DIGLINE (1-
800..342.1585) at least two full business days prior to breaking ground within
ACr-ID light-of-way. The applical1t shall contact ACHD Traffic Operations 387-
c. ..
6190 in the event any ACHD COllduits (spare or filled) are compromised during
any phase of construction.
10;0 No change in the terms and conditions of this approval shall be \'alid ul1less they
are in writing and signed by the applicant or the applicant's ~uthorized
representative and an autl10rized 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 Higllway District.
11. Any cllange by the applicant in the platmed 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 ap.plicant or its successors in interest advises the,Highway District of
its intent to change the planned use of tIle 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.
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EXHIBIT C
CottoR\vood Lane
AZ-04.029
Zoning Al11endment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 1 1-15-11, General Standards Applicable to Zoning
AmendmentsJ both the P&Z COl1,mission and Council are reqtlired Uto revierV the
particular facts and circumstances of each proposed zoning amendment in terms of the
follolving standards and shall find adequate evidence answering the following qtlestions
. about the proposed zoning amendfllent. ,.,
Thefof/owing is the list ofstandardsfound in 11-15-1/ and analysis by Cit)J Council.:
A. Will the new zoning be harmonious with and in accordance lvith the
Comprehensive Plan and, if not, bas there been aD application for a
Comprehcnsi.ve Plan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as 'Commercial" ~ In Chapter VII of the Comprehensi\re Plan,
'Commercial' areas are anticipated to provide a full range of commercial and
retail to serve area residents and visitors~ Uses may include retail, wholesale~
service alld office uses, multi-family residential, as well as appropriate public uses
such as government offices~ finds that the requested C-G zoning generally
conforms to tllis- stated purpose and intent of the commercial designation within
the Comprehensive Plan. Please see the Special Considerations below for furt11er
analysis of the proposed zoning designation and how it relates. to the conceptually
proposed uses on the site.
City Council finds the following Goals, Objectives, and Action items COlltained in
tile 2002 Comprehensive PIW1 to be applicable to this applicatio.n (analysis is in
italics below poliey):
· "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D~ Action item 5)
The applicant is not specifically proposing to install al'lY landscaping with the
subject annexation application. The applicant will be'required to submit a
development application pri'or to constructing any lJSe on the site. If'hen the
future development application(s) are processed by the CityJ the applicant will
be required to construct landscaping along Freeway Drivel rVells Drive}
bet~t)een different land t'ses~ and along the perimeter of the site.
(" ".
.. "Permit new · · ..commercial development only where urban senrices can be
reasonably provided at the time of final approval and development is
contiguous to the City~t' (Chapter IV, Goal I, Objective A, Action item 6)
The subject site can be serviced by the City of Meridian JJs sanitary se~ver and
lvater s)'stems.
· "Plan for a variety of commercial and retail opportunities within the Impact
Area~" (Chapter VII, Goal 1, Objective B)
The proposed uses do contribute to the variety of commercial and retailzLSes
in this area, as envisioned tvith the Comprehensive Plan.
· "Impro,re and protect creeks (Five Mile, Eight Mile, Nine Mile, Tell I'vfile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial and residel1tial areas.." (Chapter V, Goal I, Objective A, Action item
11)
The applicant is not proposing to alter the Five Mile Creek in any 1-1Jay 1441h
this application. The applicant will be req"Llired, tltrough a Developf1Zellt
Agreement, to improve the Five Mile Creelc amenity by constructing a multi-
llSe pathway adjacent to it when the site develops. See $pecial Consideration
#2 belol/v..
City Counci~finds that a C-G zone is harmonious witl, and in accordance
with ti,e Compre/Jensive PlaIt. Ho.vever, based on the conceptual site pfalf
Subll,itted with the annexatiol2 application, City COllncil recomnleltds that
the northwestern portion of the site be zo"ed L-O to. aCCOllll1lodate Inulti-
fa/nily uses. Please see Special Considerations beloJv for fllrther analysis.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Apartment houses are prohibited in the C-G zone. Therefore, if all of the subject
property is zoned C-G as requested, the applicant will need to rezone the
northwestern portion of the site to develop multi-family dwellings.. If the site is
zoned as City Council reconunends (C-G for the southeastern portion and L-Q for
the northwestern portion), City Council does not a11ticipate that the subject
property will be rezoned again in the future. See Special Considerations below for
further analysis..
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning - for example, a
residential area turning into commercial area by means of conditionsl use
permits;
c.':..... .;
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Properties in this area are rapidly transitioning from rural residential to
office/conunercial type uses. fu the applicant's submittal letter, it is stated that the
subject property is intended to be used for a mix of uses.. The submitted concept
plan shows a hotel on Freeway Dri ve (between two existing hotels), an office park
to the north of the hotel, and multi---family apartments on the land \vith frontage on
Well Street~ Currently, restaurants, hotels, and professional offices are
(principally) permitted uses in the C-G zone~ Multi-fatuily dV\lellings (apartments)
are prohibited in the C-O zone. Therefore, not all conceptually proposed uses
would be allowed under the proposed new zoning, Currently there are four City
zones that conditionally allow multi-family: the R-15, R-40, L-Q and Q-T zones.
No City zone principally permits multi-family d\vellingsa Consistent \vith the
Comprehensive Plan" the aDplicants conceptual site plan~ as well as the other
office and retail uses that are developing within MaRie View Subdi,'ision.. City
Council recommends that the northwestern portion of the site be zoned L-O
(Limited Office)~
D. Has there been a change in the area or adjacent areas "rhich may dictate that
the area should be rezoned. For example, have the streets been lvjdened, ne\v
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
T..he general vicinity of this project is in transition from low density residential
uses to commercial/urban type uses~ Developments to the east and northeast ill
close proximity to the subject lot include Texaco and Chevron fuel stations and
convenience stores, a credit union and bank, a 30,300 sq. ft. nlulti-tenatlt office
building, Subway and medical/clinical services. Two new hotels have currently
opened to the east and west of the subject site. In 2004, the 5~22 acre lot directly
to the north was annexed and zoned to C-G. Woodbridge Subdivision is a 260 +/_
lot residential subdivision approximately ~ mile to the west that connects with
Magic View Drive and is largely built-out at a medium density~
As development occurs AC.HD is requiring that th.e local/comluercial streets in
Magic View Subdivision be wid.ened and that developers construct s.ide\valk
adjacent to the developing sites~ Furtller, this site lies within an ex.traordinary
impact fee overlay zone. This overlay zone was established. to install the
infrastructure for the redevelopment of the rural lots within Magic Vie\v
Subdi,rision, in anticipation of the lots redeveloping to commerciaL The ACHD
now requires that developers within this overly zone pay into a reimbursement
fund for the costs that \vere associated with construction of the new road from the
intersection of Eagle Road and St. Luke's drive, to the intersection of Magic Vie\v
Drive and Allen Drive (see ACHD for more information). City Council tinds that
annexation and zoning of the subject property would be compatible \vith other
nearby land uses and facility changes in the area~
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
t
character of the general vicinity and that such use will not change the
essential character of the same area;
No specific uses are proposed \vith this application. Ho\vever, the applicant did
submit a conceptual plan of how the site may develop~ If the site is (generally)
designed, constructed and operated as proposed with the conceptual site plan, the
development should he in accordance with adopted city ordinances and should be
hannonious 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 and the west side of Wells Street, to be office type uses and
the south side of Magic View Drive to be more intense, commercial type uses.
City Council finds that a zoning chwlge of this property to C-G and .L-Q (as
recolnmended by City Council) would fit within the character of the
Comprehensive Plan and will not adversely change the essential character of the
area~
F. Will the proposed uses Dot be hazardous or disturbing to existing or future
neighbOring uses;
City Council finds the intended uses on the subject property should not be
hazardous or disturbing to existing or future neighboring uses if all developm.ent
and landscape buffer ordinances are exercised. The Commission and Council
8118Ll rely on public testimony to determine whether the proposed uses "till be
disturbing or hazardous to the neighboring uses..
G. Will the a..ea be served adequately by essential pu.bJic facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such sel.vices;
ACHD City Council commented on the proposed annexation application on
November 16, 2004. Included within ACHD staff's report were some of the
policies that apply to the subject site. Upon the receipt of a development
application, the ACHD will impose site specific conditions~ Meridian Fire, Police
and Parks Departments \vere represented at the Comments Meeting held on
November 12,2004 for this ap.plication and provided comment that services could
be .provided (all of the detailed comments from the Fire Department and other
agencies/departments are at the end of this report).. Sanitary Service Company
(SSe) currently provides setvice to adjacent properties in the area~ The
Commission and Council will need to reference any written or verbal testimony
submitted by The Meridian Public Works Department, Nampa Meridian Irrigation
District, Idaho Power, and other service providers regarding this fmding.
City Council finds that the property proposed for annexation and zoning can be
served adequately by all essential public facilities and services~
H. Will not create excessive additional requirements at public cost for pllblic
facilities and services and lvill not be detrimental to the eCO.llomie \velfar.e of
the community;
Required site improvements will be funded and constructed "by the developer
through the PreliminarylFinal Plat, CUP, and CZC process~ The primary public
costs will be fire and police services. City Council finds that changing the zoning
of this site will not cause excessive additional requirements at public cost. City
Council also finds that the annexation and zoning of this site to C-G and L-O will
.not be detrimental to the community's ecollomic welfare4
I. Will the proposed uses not involve uses, activities, proeesses~ materials,
eqaipment 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;
The applicant is not proposing a specific use for this property at this tilne~ City
Council finds that any future uses will generate additional traffic on adjacent
roadways above and beyond the existing residence. TIle level of impact will
depend upon the type of future usee s ).. The purpose of the C-G zone is to
''provide for commercial uses which are customarily operated entirely or almost
entirely within a building4" The purpose of the L-Q zone is to "permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses~ ~ . shall not
involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall
purpose of this District." As such, City Council does not anticipate furore 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 atld City Council the authority to require a property owner to enter
into a Development Agreement witll the City of Meridian that may require a
Conditional Use Pennit or some written commitment for all future uses to more
fullv comply with this finding. Due to the mixed~use nature of the conceptual site
plan~ City Council believes that a Development Agreement is necessary. (See
Annexation and Zoning Site-Specific Comments and Conditions below)
J. Will the area have vehicular approaches too the property ,vhich shall be so
designed as not to create an interference with traffic on surrounding public
streets;
City CotUlcil finds that future uses ,vi11 impact the level and flow of traffic on the
surrounding streets. The applicant is not proposing specific access for this site
with the AZ application" The concept plan su.btnitted with the application shows a
vehicular access to Wells Street and one to Freeway Drive~ These two access
points are cOIll1ected through the site via a drive aisle~ Standards for future
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driveway offsets are determined by ACHD. Fllrther, specific traffic COUllt
generation will be determined at the time of development application, which must
be reviewed and approved by ACHD, City Council finds that the property can be
designed to not create significant interferellce with traffic on the surrounding
public streets.
K. WiD Dot result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that the Five Mile Creek is a significaJ.lt natural feature that
should be protected through standard stonnwater and run-off management
practices. As a large portion of this site lies within the floodplainlfloodway of tIle
Five Mile Creek, future development of the property should. comply with the
established guidelines for construction within floodways/flood plains. City
Council :is not aware of any other natural or scenic feature(s) that may be lost,
damaged or destroyed by allowing this site to be annexed and developed. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance.
L. Is the proposed zoning amendment in the best interest ()f the City of
Meridian. (Ord. 592, 11-17-1992)"
For the reasons listed in thefindings above~ City Council {J-nds that the annexing
and zoning of/his oropertv would be in the best interest 0 the City.
MAR-29-05 03 : 5TPM FROM-Team Rea II........ I nc .
{ . .
......
208465 7709 (~..'......
{;..:.. . .
Tw315 P.002/00S F-460
985 CORPORAT~ LANE NAMPA. ID 83651
OFFICE (208) 46&7770 FAX (208) 46&7709
March 29, 2005
Tom Holliday
Cottonwood Lane Partners
P.O~ Box 464
Nauvoo:J IL 62354
Care of;
Dave Bohecker
Mark Bottles Real Estate Services
5418 N. Eagle Road Suite 160
Boise, ID 83713
RE: Development Agreement -- Cottonwood Lane Partners
985 E. Freeway Drive Me:ridian, ID
Dear Sirs,
Du~ to the death of Mr. Wells, my clients are unable to get together with me to review
first hand this final draft of the development agreement (faxed to my office today by
Dave Bohecker).
As per my instructions from my client(s), Mr. Don Forbush, Trustee for the Wells
Investment Trust, I have been asked to respond immediately to the buyers request for a
letter acknowledging the Wells Investment Trust are in agreement with the City of
Meridian's development agreement with Cottonwood Lane Partners, as there is no new
information or any changes from the development agreement they have reviewed
previously, and to speed this transaction to closing of escrow without any further delay~
~~R-29-05~ 03: 58PM FROM-Team Rea It...... '11C.
( .
2084657709
T-315 P.003/003 Fw460
Therefore, Wells Investment Trust and all it's Trustees approve and concur with all
findings and facts therein this development agreement as written and approved by the
.City of Meridian and Cottonwood Lane Partners and Mr~ Tom Holliday.
Sincerely!
C'\
Matt La ati
Team Realty, Ine
Agent for the Sellers - Wells Investment Trust:
c...----
I;t( oUt!? 7
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dHve~/Ul.~J-
hiW-7!-_
I
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May 6, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 10,2005
ITEM NO.
5-E
REQUEST Sewer Master Plan Update and Expansion Agreement - JUB Engineers
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
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:
SBTlERS IRRIGATION:
IDAHO POWER:
US WeST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
()
Contacted:
Emailed:
Date:
Staff Inifials:
Phone:
Materials presented at pUblic meetings shaJl become property of the City of Meridian~
(:'...:....~
RECEIVED
MAY 0.5 2005
C~ty QfMeridian
CIty vlerl~ Office
To: Mayor De Weerd & City Council
From: Brad Watson, P.E.
CC: File, City Clerk
Date: 5/5/05
Re: May 10, 2005 City Council Meeting Agenda Items
The Public Works Department requests that the items below be considered on the May 1 0
City Council agenda, on the Consent Agenda, for Council's consideration.
Sewer Master Plan Update and Expansion - JUS Engineers~ The attached agreement
pertains to sewer master planning for areas outside the City's Area of Impact and
Referral Area. It includes two specific areas:
· Land north of Columbia Road (approximately 13 square miles)
· Between Ustick and Chinden (Hwy 69) and McDennott to Can...Ada Road (4
square miles)
The study will include a feasibility analysis of a second wastewater treatment facility south
of 1-84 along with alternatives for pumping to the existing WWTP.
This work will provide a basis for the City's proposal to increase the Area of Impact with
Ada County over the next year or two.
A copy of the agreement is attached.
Recommended Council Action: Approve agreement with JUS Engineers, in the
not-to..exceed amount of $60,000, for the Sewer Master Plan Update and Expansion
and authorize the Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
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J-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
SF330 Code
PM Jnitia Is
S04
PHK
J-U-B Project No.: 10-05-.046
THIS AGREEMENT entered rnto thjs _ day of _ 20Q2, between City of Meridian, hereinafter referred to as the nCLIENT' and J-U-B
ENGfNEERSr Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as IIJ-U-Sn.
WITNESSETH:
WHEREAS the CLIENT intends to: Add certain areas to the Sewer Master Plan and oerform an uodate thereto.
hereinafter referred to as the nprojece; NOW, THEREFORE] the CLrENT and J-U-B, in consideration of their mutual covenants herein, agree as set forth
below:
M UTU AL RESPONSIBI LITI ES:
This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement.
Accordingly, the CLIENT and J-U-Br with a positive commitment to honesty and integrity, agree that each wjJJ assist in the others perlormance; that each
will avoid hindering the other's performance; that each will work diligentry to fulfill its obligations; and that each will cooperate in the common endeavor of
th e Agreem ant.
CLIENT INFORMATION AND RESPONSIBiliTIES
The CLIENT wiJI provide to J-U-B an criteria and fuU information as to CLJENT's requirements forthe Project, including design objectives and
constraints, spaceJ capacity and performance requirementsJ flexibHity and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J-U-B can
rely for compJeteness and accuracy~
The CLIENT wiH furnish to J-U-B aU data} documents, and other items in CLIENTJs possession, or reasonably obtainable by CLrENT~ including,
without Jimitation, borings, probings and subsurface exprorations, hydrographic surveys, laboratory tests and inspections of samples, materiaJs and
equipment; appropriate professional interpretations of aU of the foregoing; environmental assessment and impact statements, surveys of record. property
descriptions; zoning) deed and other rand use restrictions) rules and Jaws; and other special data or consultations, aU of which J-U-B may use and rely
upon in performing Services under this Agreement.
The CLIENT shal[ designate a representative with authority to bind the CLIENT.
" The CLIENT will obtaint arrange and pay for aU advertisements for bids, permits and ricenses required by rocat state. province or federal
authoritiest and aU Jand, easement, rights-of-ways and access necessary for J-U-B's Services and Project construction~
In addition, the CLIENT wiH furnish to J-U-B: (see Attachment #1 - Scope of Services] Section 2 - Items to be orovided bv the Client to J-U-B)
PROJECT REPRESENTATIVES
The ell ENT and J-U-B he reby designate their authorized representatives to act on their behalf with respect to the services and responsjbilities
under this Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding
the Project on behalf of their respective partiesJ except as expressly limited herein. These representatives are not authorized to arteror modify the terms
and condjtions of this Ag ree m ent.
For the CLIENT:
1.
Name
Brad Watson, P ..E.
Wark teJephone (20B) 898..5500
Home terephone
Address 660 E. Watertower
Su ite 200
Meridian~ 10 83642
Special provisions or lim itations:
FAX terephone
E-mail add ress
(208) 887..1297
watsonb @ meridiancity.org
For J-U-B:
1 ~
Name
Phillip H. Krichbaum, P..E.
Wark telephone (208) 376-7330
Home telephone
Address 250 $.. Beechwood Avenue
Suite 201
Boise, J 0 83709
Speciar provisions or limitations:
FAX telephone
E-mail address
(20B) 323...9336
phk@jub.com
page 1 Of 4
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I n the event any changes are made t6 ~ ..; autho rized representatives 0 r oth er info rm ation J isl._... above, the ell ENT and J-U-B agree to furnis h
each other timely. written notice of such changes.
SERVICES TO BE PERFORMED BY J..U-8 (UServices")
J-U-B wur (see Attachment A - Scooe of Services)
J-U-B assumes no responsibiljty to perform services not listed. Services which J-U-B perlorms at the request or acquiescence of the CL1ENT
that are not I isted are UAdd ition ar Servicesu ~
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said Services as follows: The draft 2005 Sewer Master Plan Update win be delivered for review within five (5) months
of Notice to Proceed. The final 2005 Sewer Master Plan Uodate win be delivered within four (4) weeks after review bv the City. Anvadditional
services shall be comoreted in a timelv manner.
This schedule shari be equitably adjusted as the Project progressest aHowing for changes in scope, character or size of the Project requested
by the CLIENT or for delays or other causes beyond J-U-B's control.
BASIS OF FEE
The CLIENT wiJl pay JMU-B for their Services and rejmbursable expenses as folJows: (see Attachment B)
The CLIENT will pay J-U-B for aU Additional Services on a time and materials basis.
Fife Folder Title: MERIDIAN - 2005 Sewer Master Plan Update
Remarks;
The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement THE TERMS AND
CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE
CLIENT AGREES TO SAID TERMS AND CONDITIONS.
IN WITNESS WHEREOFf the parties hereto have executed this Agreement as of the day and year first above written4
CLIENT:
J~URlB:
250 South Beechwood Avenue, Suite 201
STREET
Boise, Idah 0 83709
CITY I STATE I ZIP CODE
City of Meridian
NAME
660 E. Watertower, Suite 200
STREET
Merid ian, 10 83642
CITY I STATE I ZIP CODE
BY (Signature)
Timothy J.. Haener, P.E., Area Manager
NAME I TITLE
BY (Sig nature)
NAME I TITLE
BY (Signature)
NAME I TJTLE
DISTRIBUTION: White R Corporate; Yellow - Office; Pink - Project; Goldenrod - Client
REV; 1 118104
page 2 Of 4
J-U-S' ENGINEERS, Inc.
TERMS AND CONDITIONS
GENERAL
J-U-B shaU provide for the CLIENT professional Servjces as set forth herein. The Services will be performed in accordance with generally
accepted professional practices for the intended use of the Project. J..U-8 MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED. The
CLIENT acknowledges and agrees that legal requirements governing the Project may be subject to various and possibly contradictory interpretations;
andJ J-U-B win therefore use its reasonable professional efforts and judgment to interpret such requirements.
J-U-B shalJ not be responsible for acts or omissions of any party involved in the Project other than their own, incJuding but not limited to failure
of a third party to foUow J-U~B's recommendations; the means,. methods, techniques, sequences or procedures of construction selected by CLIENT or
third parties; safety programs and precautions selected by third parties; compliance with laws, rules, regulations, ordinancesr codes, orders or authority
by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties_ CLIENT therefore indemnifies and holds J-U-B .
harmless from the actions and omissjons of CLIENT and third parties invoJved in the Project.
J-U-B shan not be required to sign any documents, no matter by whom requested, that would resurt in J-U-Bts having to certify, guarantee or
warrant the existence of conditions whose existence J-U-B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J-U-B
or payment of any amount due to J-U-B in any way contingent upon J-UwB signing any such certification.
In soi r investigation work and in determ inj ng subsurface conditions for the Project, the characteristics may vary greatly between successive test
points and sample intervals. J~U-B wilJ coordinate this work in accordance with generalry accepted practice of the professionaf Services being provided
and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnjshed by others.
Resetting of survey and/or construction stakes shall constitute Additional Services~
CONSTRUCTION PHASE SERVICES
Unfess otherwise agreed, J-U-B's Services under this Agreement wm be considered to be comprete and final upon completion oftha Services
described herein. Unless otherwise agreed, it is understood and agreed that J~U-B's Services under this Agreement do not include Project observation,
review of the contractorts performance, or any other construction phase services, and the CLIENT assumes an responsibility for interpretation of the
documents associated wjth the Project and for construction observation or review, and indemnifjes J-U-B from and waives any craims against J-U-B that
may be in any way connected thereto or arise therefrom~
It is further understood and agreed that J-U-B does not have control over! and neither the professional activjties of J-U~B nor the presence of
J-U-B at the Project site shari give J-U-B controJ over contractor(s) work nor shaH J-U~B have authority over or responsibility for the means, methodst
techniques, sequences or procedures of construction seJected by contractor(s), for safety precautions and programs incident to the work of the
contractor(s) or for any failure of contractor(s) to comply with lawsJ rules, regurations, ordinancesl codes or orders applicable to contractor(s) furnishing
and performjng their work or providing any health and safety precautions required by any regulatory agencies~ Accordjngly, J-U-B can neither guarantee
the performance of the construction contracts by contractor(s) nor assume responsibHity of contactor(s) faiJure to furnish and perform their work in
accordance with the contract docum ents.
The ell ENT agrees that the general contractor shall be solely responsible for jobsite safetyJ and warrants that this intent shan be carried out in
the CLrENT's contract with the general contractor. The CLIENT arso agrees that the CLIENT, J-U-B and J-U-B's subconsultants shall be indemnified by
the general contractor in the event of general contractor's failure to assure jobsite safety and shan be made additional insureds under the general
contractor1s policies of general liability insurance.
OPINIONS OF COST
Since J-U-B has no control overthe cost of Jabor, materialst equipment or services furnished by othersl or over the contractor(s)' methods of
determining prices, or over competitive bidding or market conditions, J-UwB's opinions of probable total Project costs and construction, if any, are to be
made on the basis of J-U-B's.experience and qualifications, and represent J-U-Bfs best judgment as an experienced and quaJjfied professional engineer,
familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actuar total project or construction costs will not
vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to total project or construction costs, CLIENT shari
employ an independent cost estimator. J-U-Bts services to modify the Project to bring the construction costs within any Hmitation established by the
CLIENT wiJl be considered AdditionaJ Services and paid for as such by the CLIENT~
REUSE OF DOCUMENTS
All documents and magnetic media and other communication or information formats (UDocumentsJI)" prepared or furnished by J-U-B pursuant to
this Agreement are instruments of service with respect to the Project and shaU remain the property of J-U-B whether or not the Project is completed~
Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT! J-U-B shan
retain all common Jaw, statutory and other reseNed rjghts, jncluding the copyright thereto, and the same shalJ not be reused without J-U-B's written
consent. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B forthe specific purpose intended by the reuse, win be at
CLIENT1s sole risk and without liability or legal exposure to J-U-B~ The CLIENT shaH indemnify and hold J-U-B harmless from any claims, damages,
losses and expenses arising out of or resulting from such reuse.
Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copjes) that are signed or seared
by J-U-B. Files in electronic media format of text! datal graphics. or of other types that are furnished by J-U-B to CLIENT are only for convenience of
CLIENT. Any conclusion or information obtained or derived from such electronic fires will be at the userts sole risk.
Because data stored in electronfc media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's
creator, the CLIENT agrees that it will perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted
the data thus transferred. Any errors detected within the 50-day acceptance period will be corrected by J-U-B~ J-U-B shall not be responsibre to maintain
documents stored in electronic medra format after acceptance by CLJENT.
When transferring docu.ments in electronic media format, J~U-B makes no representations as to fong term compatibiJity, usability, or readability
of documents resuJting from the use of software application packages, operating systemst or computer hardware differing from those used by J-U-B at
the beginning of this Project
TIMES OF PAYMENTS
J-U-B shan submit monthJy statements for Services rendered and for expenses incurred! which statements are due on presentation. CLIE,NT
shall make prompt monthly payments. If ell ENT fails to make any payment in full within ten (1 0) days after receipt of J-U-B's statement, the amounts
due J-U-B will accrue interest at the rate of 1 % per month from said tenth day. If the CLJENTfails to make payments when due or otherwjse is in breach
of this Agreement, J-U-B may suspend performance of Services upon five (5) days notice to the CLIENT. J-U-B shaH have no liability whatsoever to the
CLIENT for any costs or damages as a resuJt of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or
payment in fun by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shalr resume Services under the AgreementJ
and the time schedule and compensation shaH be equitably adjusted to compensate for the period of suspension plus any other reasonable time and
expense necessary for J-U-B to resume performance. ]f the CLIENT faUs to make payment as provided herein within thirty (30) dayS after suspension Of
Servicest SUCh failure Shall constitute a material breaCh Of thiS Agreement and Shan be cause for termination Of thiS Agreement bY J-U-S.
page 3 of 4
TERMINATION
The obligation to provide further Servjces under the Agreement may be terminated by either party upon thirty (30) days written notice in the
event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is
terminated by either party, J-U-B will be paid for Services rendered and for expenses incurred to the date of such termination) plus an allowance for
demobilization costs as determined by J-U-B~ Such demobilizatjon costs shaH be the cost and expense J-U-B incurs in withdrawing its labor and
resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project.
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RISK ALLOCATION
The CLIENT is aware of the risks, rewards, and benefits of the Project and J-U-B's total fee for services. The risks are hereby allocated such
that the CLIENT agrees that to the fullest extent permitted by law, the total combined liability of J-U-B, its agentsJ employees, and insurers, to the
CLIENT, directly orthrough third parties for aJI injuries} claims, expenses, costs and fees, damages or claims of expenses arising out of this Agreement
from any cause, shan not exceed the amount of J-U-B's fees, as of the date of this Agreement. Such causes include, but are not limited tal J-U-B's .
neg rigence r erro rs t+ om issions, strict liab i lity I and breach of this Agreem ent I n no event sh an J-U-B be Ii able for any incidentar, i ndi reet or consequential
damages.
The CUent agrees that J MU-B is not responsib I e for dam ages arisi ng directly or indirectly from any d er ays for causes beyond J-U-B's controL For
purposes of this Agreement such causes include. but are not limited to, strikes or other labor disputes; severe weather djsruptions or other natural
disasters; fires, riotsJ war or other emergencies or acts of God; faiJure of any government agency or other third party to act in a timely manner; failure of
performance by the CLIENT or the ell ENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition,
if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its selVices in an orderly and efficient manner, J-U-B
shan be entitled to an equitable adjustment in schedule and compensation.
HAZARDOUS WASTE AND ASBESTOS
The CLIENT agrees~ notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold
harmless J-U-B, its officers, partnersf employees and consultants (collectiveJYJ J-U-B) from and against any and aU claims, suits. demandsJ liabilities,
lossesJ damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence,
handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the
Project site, whether liabmty arises under breach of contract or warranty, tort including negligence, strict liability or statutory liability or any other cause of
action, except for the sole negligence or willful misconduct of J-U-B~
RIGHT OF ENTRY
The CLIENT shall provide for J-U-B's right to enter the property owned by the CLIENT and others in order for JMU~B to fulfill the Services to be
Performed hereunder. The ell ENT understands that use of testing or other equipment may unavoidably cause some damage, the correction of which is
not part of this Agreement The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hard harmless J~U~B. it's officers. directors,
employees and subconsultants (collectively, J-U-B) against any damages, riabilities or costs, including reasonable attorneyst fees and defense costs,
arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous
materials or suspected hazardous materials on the property.
MEDIATION BEFORE LITIGATION
In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Projectt the
C L[ ENT and J-U-B ag rea that al r disputes between them arisi ng out of or rei ati n9 to this Agreem ent or the Project, except for the payment of J-U-B1s fees.
shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree otherwise. The CLIENT further agrees
to include a similar mediation provision in all agreements with independent contractors and consultants on the Project, and also to include a similar
mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project. thereby providing for mediation
as the prim~ry method for dispute resolution among the parties to all those agreements.
LEGAL FEES
.[n the event of any actjon brought by either party against the other to enforce any of the obJigations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees) costs and
expenses including attorneyts fees as may be set by a court.
SURVIV AL
Notwithstanding completion or termination of this Agreement for any reasonl aU rights, duties and obligations of the parties to thjs Agreement
shall survive such completion or termination and remain in full force and effect until fulfmed~
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations,
representations or agreements. either written or oral. The Agreement may be amended only by written instrument signed by both CL1ENT and J-U-B.
.>
SUCCESSORS AND ASSIGNS
eLl ENT and J-U-B are hereby bound, and the partners, successorst executors, administrators and legal representatives of such other party, in
respect of aU the covenants, ag reements and obligations of this Agreement.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B.
J-U-BJs services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against
J-U-B because of this Agreement or the performance or nonperlormance of services hereunder. In the event of such third party claim, CLIENT agrees to
indemnify and hold J-U-B harmless from the same. The CLIENT and J-U-B agree to require a simHar provision in all contracts with contractorst
subcontractorsl subconsultants. vendors and other entities involved in the Project to carry out the intent of this provjsion.
CONTROLLING LAW, JURISDICTION, AND VENUE
This Agreement is to be governed by the law of the State of ldaho, principal place of business of J-U-B. Any action or pro~eeding arising from
or in connection with this Agreement shall subject to the exclusive jurjsdiction of the State of Idaho. Venue shall be proper in Ada County.
page 4 Of 4
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J-U-B ENGINEERS, Inc.
ATTACHMENT A
SCOPE OF SERVICES
City of Meridian - 2005 Revision to the 2003 Sewer Master Plan
SECTION 1- PROJECT UNDERSTANDING
The following describes J-U-B's understanding of the lrprojectll.
The City wishes to examine two new areas for incorporation into their current sewer master plan
service area - delineated as Area 1 and Area 2 on Exhibit 1. J-U-B will augment the 2003 Meridian
Sewer Master Plan to incorporate the changes in the service area and will investigate various
alternatives to allow conveyance and/or treatment of the additional flows. The new portions of the
master plan will provide the conceptual layout of the sewer trunk lines 10" and larger. The final
deliverables for the project will include:
1) Hydraulic model and mapping layers of the entire master planning system including new
Areas 1 and 2.
2) A report entitled u20qS Revision to the 2003 Sewer Master Planu that will amend the
2003 Meridian Sewer Master Planning document with the new Areas 1 and 2.
3) Presentation of the results and conclusions specifically limited to work performed in the
scope of services4
SECTION 2 - ITEMS TO BE PROVIDED BY THE CITY TO J-U-B
2.1 The most recent model of the collection system in Hydra databases.
2.2 Final boundary of the Areas 1 and 2.
2.3 Land use assumptions for the proposed areas (Area 1 and Area 2).
2.4 The most recent aerial topographic mapping (Compass Mapping) of Area 1 and Area 2
provided in digital (AutoCADD) format
2~5 Record drawings, if any, for any developments in Areas 1 and 2.
2.6 Development plans and preliminary plats for new developments in the study area.
2.7 Growth rates to be used in Areas 1 and 2 for WWTP analyses.
2.8 Collaboration with J-U-BJ DEQ and EPA to determine estimated treatment requirements
for satellite treatment plants investigated in the scope of work.
2.9 Timely review of submitted materials and collaboration on the planning and master.
planning process as may be required throughout the project.
2.1 0 Serve as a liaison with Ada County Planning & Zoning and adjoining city(s) as needed
throughout the project.
City Of Meridian - 2005 ReViSion to the 2003 sewer Master Plan
page - 1
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J-U-B ENGINEERS, Inc.
SECTION 3 - SERVICES TO BE PERFORMED BY J-U-B
Services performed by J-U-B will be strictly limited to the following items. Any additional work
request by the City will be performed on an additional time and materials basis.
3.1 MASTER PLANNING OF AREAS 1 AND 2
J-U-B shall perform sewer master planning for Areas 1 and 2 as delineated in Exhibit 1 by
augmenting the City-provided current model with the aid of Hydra 6.3~ The model will be used
as a tool to conceptually layout major and minor trunks (10" and larger) throughout the new
portions of the study area, make appropriate changes to the master plan surrounding areas and
downstream of the new areas.
Note: The work shall not include updating the master plan within the previous study boundary
to reflect recent development.
The tasks required for augmenting the master plan shall include the following:
3.1..1 Estimate Ultimate Land Use
J-U-B shall meet with City staff to review City's assumptions of future land use.
3.1.2 Develop Sewer Trunk Master Plan for New Areas
J...U-8 shall develop a sewer trunk master plan for the added areas. The master plan shall
conceptually layout future trunk sewers 1 0" and larger required to serve the ultimate service
area~ The master plan shall be dHvefoped with a computer model as follows:
Ultimate Service Area Layer
The master plan service areas shall be developed based on existing topography and current
political boundaries.
Ultimate Land Use Laver
The ultimate land use layer will be developed for land use areas in the study area. The land
use designations will be based on the land use from Task 3.1 .1 .
Ultimate System Laver
Trunk lines will be generally routed along the drains and major roads based on the
topography. The model will be used to size the future trunk lines and estimate the vertical
alignment. In locations where the master planned trunk lines cross drains, the drain
crossings will be field-checked to estimate the general depth of the drains.
3.1.3 Master Plan Analysis - Area 1
For Area 1 J the following options will be evaluated:
Option 1 A - Gravity Trunk System.. A gravity trunk system feeding into the existing master
planning area.
Option 1 B - Regional Pump Station. A gravity trunk system feeding to a large pump
station that conveys flow into the existing master planning area.
City Of Meridian - 2005 ReViSion to the 2003 sewer Master Plan
page - 2
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J-U-B ENGINEERS, Inc.
Option 1 C - Scalping Satellite Wastewater Treatment Plant.. A gravity trunk system
feeding to a new liquid-processing wastewater treatment plant and effluent discharge or
reuse system. Solids would be conveyed to the Meridian WWTP for processing.
Option 1 D .. Satellite Wastewater Treatment Plant. A gravity trunk system feeding to a
new wastewater treatment plant and effluent discharge or reuse system with solids handling
capab i I i ti es.
3a1.4 Master Plan Analysis - Area 2
For Area 2, the following options will be evaluated:
Option 2A - One R~gional Pump Station. Delete the McDermott Pump Station from the
Master Plan and replace it with a new pump station to the northwest A gravity trunk system
would feed into this new pump station and then pump back to the existing WWTP.
Option 28 - Two Regional Pump Stations - Pump to McDermott PS. Retain the
McDermott Pump Station in the Master Plan and add a smaller pump station to the
northwest A gravity trunk system would feed into this new pump station, which would then
pump to the McDermott Pump Station. That station would then pump to the existing WWTP.
Option 2C - Two Regional Pump Stations - Pump to Master Plan Areall Retain the
McDermott Pump Station in the Master Plan and add a smaller pump station to the
northwest. A gravity trunk system would feed into this new pump station, which would then
pump to the existing WWTP.
3M 1.5 Master Plan Analysis - Combined Area 1 and 2
Option 3A - Scalping Satellite Wastewater Treatment Plant. Eliminate any pumps or
treatment plants planned for Area 1 along with those planned for Area 2 including the
McDermott Pump Station. Use a gravity trunk system to drain both areas to Area 2 and
install a new liquid-processing wastewater treatment plant and effluent discharge or reuse
system~ Solids would be conveyed to the Meridian WWTP for processing.
Option 38 lilt Satellite Wastewater Treatment Plant. Eliminate any pumps or treatment
plans planned for Area 1 along with those planned for Area 2 including the McDermott Pump
Station. Use a gravity trunk system to drain both areas to Area 2 and install a new
wastewater treatment plant and effluent discharge or reuse system with solids handling
capabi I iti es.
3.1.6 Analysis of Alternatives
For each option listed above, the following work will be performed for evaluation of their
re la tive merits:
1. Based on master planning flows, determine the hydraulic and solids design
loading for each option,
2. Work with the City to establish wastewater treatment requirements for discharge
or reuse based on discussions with EPAJ Region X and DEQ~
3. Estimate the ability or difficulty of obtaining a new NPDES Permit, Land
Application Permit and CUP for the proposed treatment plant options~
City Of Meridian - 2005 ReViSion to the 2003 sewer Master Plan
page - 3
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J-U-B ENGINEERS, Inc.
4. Based on current state-of-the-art treatment options, identify a practical and cost
effective conceptual treatment method given loadings and potential permit
req u i rements.
5. Estimate staffing requirements for each option.
6. Determine, to planning~level accuracy, the opinion of present-worth cost based
on initial capital cost and long-term DIM (labor, energy, replacement, chemicals,
etc) based on a 1 OO..year project life and a 20-year project life at the WWTPs.
7. Approximate land required for 20 years conceptual WWTP footprint, and
estimated setback distance.
8. List relative advantages and disadvantages.
A description of each option along with the resulting evaluation will be followed by a concise
summary table of relative advantages and disadvantages. Any non-viable options will be
removed from consideration Summary visual aids and handouts of the alternative analysis
will be prepared prior to the evaluation workshop.
3.2 WORKSHOP TO EVALUATE THE ALTERNATIVES
J-U-B will facilitate a workshop to review the analysis of alternatives and discuss the relative
merits of each~ If an obvious preferred option cannot be determined based on discussiont
the group will develop a scoring system to weight each evaluation criteria, score each
option, and then select a preferred alternative~
3.3 DRAFT FINAL REPORT
After the preferred option is selectedJ the final model scenario will be reviewed and fie~d
checked. J-U-B will then prepare a draft report entitled u2005 Revision to the 2003 Sewer
Master PlanJf ~ Three copies of the draft report, with mapping, will be submitted to the City for
review and comment J-U-B shall attend a meeting to review comments.
3.4 PRESENTATION
Based on comments received, J-U-B shall briefly present the analysis and results of the
project at a council meeting or other venue selected by the City ~ Appropriate visual aids will
be prepared for said presentation.
3.5 FINAL PRODUCT
Based on review comments and presentation results, J-U-B shall prepare and submit the
final products for the project, including:
1. The hydraulic model and mapping layers of the entire master planning system
including new Areas 1 and 2.
2. Five hard copies of the final report entitled u2005 Revision to the 2003 Sewer Master
Plan", including maps of the entire master plan area.
City Of Meridian - 2005 ReViSion to the 2003 sewer Master Plan
page - 4
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J-U-B ENGINEERS, Inc.
SECTION 4 - ADDITIONAL SERVICES
4.1 ADDITIONAL MASTER PLAN CHANGES
If the service areas and the land use areas in the developed areas vary significantly from the
master plan as determined by the Client and J-U-B, J-U-B shall modify the service areas and
land use areas to approximate the developed service boundaries and land use. Changes to
the Land Use Layer and Service Area Layer will be limited to areas where the development
varies significantly from the model. Changes will be based on record drawings and mapping
provided by the Client.
SECTION 5 - SCHEDULE FOR SERVICES
It is anticipated that work outlined in Task 3~ 1 will be completed within five (5) months of Notice to
Proceed. Thereafter, schedule will depend upon final review and presentation timelines. It is
anticipated that the Final Report will be delivered within four (4) weeks of receipt of final comments.
City Of Merid;an - 2005 ReViSion to the 2003 sewer Master Plan
page - 5
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(
May 6, 2005
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
May 1 0, 2005
ITEM NO_
5-F
REQUEST Award of Bid for Well20B Pump House Expansion to Guho Corporation
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:
SElTlERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNT AI N GAS:
MERIDIAN POST OFFICE:
OTH ER:
See attached
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(.
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.. : .: ..:: . .. -.... . :. :. : . .. -.. ... .. :...:..:.. ..... -. : : ... .. : . -.. . . : . .. : .:. -.... . .: :. -. .. ... ... .. . .... .. . . ..
City of Meridian...: .: ... .. ... . ..
Public Works Dept.. ...
ECE.IVE
MAY 0 5.2005
.CITY OF MERIDIAN
CITY CLERK OFFICE
To: William Berg, Jr.
From: Lenard Grady
CC: Brad Watson
Date: 5/5/2005
Re: Proposed Agenda Items for May 1 0, 2005 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
May 1 0 City Council consent agenda:
.~ Well 20B Pump House Expansion - Guho: Three bids were received for this project as
summarized below:
· Guho Corporation $454, 132~OO
· Star Construction $483J205~20
· Jrminger Construction $495,997.00
Guho successfully completed Well 23 for the City~ Attached are the bid results and the
agreement.
Recommended Council Action: The Public Works Department recommends
that City Council approve the contract with Guho Corporation for Well 208
Pump House for $454,132.00 and authorize the Mayor to sign it.
Well 26 Production Well Change Order #1 (Final) - Treasure Vallev Drillinq: Attached is
change order #1 for additional work required to complete the well. The change order amount
is $9,737.15.
Recommended Council Action: The Public Works Department recommends
that City Council approve Change Order #1 (Final) with Treasure Valley Drilling
for additional work required on Well 26 Production Well for
$9, 737" 15 and authorize the Mayor to sign it.
Franl the desk of. . ~
Lenard Gl1Idy
Staff Engineer
Meridian Public Works Department
660 E. Waterto,ver~ Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 898-9551
grady]@mcridiancityoorg
. page 1
(/"'" " ".
Cr-":"" .
Telemetry Installation at Size Lift Stations - Custom Electric: Attached is contract with
Custom Electric for installation of telemetry at size lift stations. This was budgeted and will
save manpower and significantly reduce the possibility of an upset condition. The contract
amount is $24,430,00
Recommended Council Action: The Public Works Department recommends
that City Council approve the Contract with Custom Electric for installation of
telemetry units at six lift stations for $24,430~OO 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 2
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AGREEMENT
TIllS AGREEMENT is by and between City of Meridian
(Owner) and
( Contractor)..
Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as
follows:
1. WORK
1.1.. Contractor shall complete all Work as specified or indicated in the Contract
Documents.. The Wark is generally described as follows:
Expansion of Well 20.
2. THE PROJECT
2..1.. The Project for which the Work under the Contract Documents may be the
whole or only a part is generally described as follows:
A well station, sjte work, and site piping with all related appurtenances. The proposed
well station is an expansion of the existing Well 20 Station.
3. ENGINEER
3.1.. The Project has been designed by CH2M fllLL (Engineer), who is to act as
Owner's representative, assume al] duties and responsibilities, and have the rights and
authority assigned to Engineer in the Contract Documents in connection with the
completion of the Work in accordance with the Contract Documents~
4.. CONTRACT TllVIES
4..1.. Time of the Essence: All time limits for Milestones, if any, Substanti al
Completion, and completion and readiness for final payment as stated in the Contract
Documents are of the essence of the Contract.
4..2. Days to Achieve Substantia] Completion and Final Payment:
4.2..1.. The Work shall be substantially completed within 120 calendar days
from the date when the Contract Times commence to run as provided in
Paragraph 2.03 of the General Conditions, and completed and ready for final
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payment in accordance with Paragraph 14.07 of the General Conditions within
150 days after the date when the Contract Times commence to run.
4.3.. Liquidated Damages:
4.3.1. Contractor and Owner recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not
completed within the times specified in Paragraph Contract Times above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered
by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shaIJ pay Owner
One Hundred
Dollars ($ 100.00 )
for each day that expires after the time specified herein for Substantial
Completion until the Work is substantially complete.
s. CONTRACT PRICE
5.1.1. A contingency allowance is included as a line item in the unit price
table below and will be paid to the Contractor in accordance with
Paragraph 11.02 of the General Conditions.
5.1~2. For all Unit Price Work, an amount equal to the sum of the established
unit price for each separately identified item of Unit Price Work times the
estimated quantity of that item as indicated in this paragraph:
Extended
Item Estimated Bid Unit Bid Unit
No. Description Quantity Unit Price Price
+ 1. General Requirements 1 LS $ $
2. Demolition 1 LS $ $
3. Site Work 1 LS $ $
4. Asphalt Pavement 190 SY $ $
5. Building 1 LS $ $
6. HVAC 1 LS $ $
7. 12-Inch Water Line (RW) 150 LF $ $
8. 8-Inch WaterLine (RW) 140 LF $ $
9~ 3/4-Inch Water Line (WI) 50 LF $ $
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Extended
Item Estimated Bid Unit Bid Unit
No. Description Quantity Unit Price Price
10. Vertical Turbine Pump and AFD 1 LS $ $
11. .Disinfection System 1 LS $ $
12. Valve Vault 1 LS $ $
13~ Electrical 1 LS $ $
14. Diesel Engine Generator Set 1 LS $ $
15. Process Instrumentation and 1 LS $ $
Control Systems
16. Miscellaneous Site hnprovements 1 AL $5,000 $5,000
Total of All Extended Bid Unit Prices $
As provided in Paragraph 11.03 of the General Conditions, estimated
quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer as provided in Paragraph 9.07 of
the General Conditions. Unit prices have been computed as provided in
Paragraph 11..03 of the General Conditions.
TOTAL OF ALL ESTJJv1ATED PRICES:
Dollars
(Words)
and
Cents $
(W ords)
(Figures)
6. P A Y1v1ENT PROCEDURES
6.1. Submittal and Processing of Payments: Contractor shall submit Applications for
Payment in accordance with Article 14 of the General Conditions. Applications for
Payment will be processed by Engineer as provided in the General Conditions.
6.2. Progress Payments and Retainage: Owner will make progress payments on
account of the Contract Price on the basis of Contractor's Application for Payment on
the date of each month as established in the preconstruction conference during
perlormance of the Wark as provided herein.. All such payments will be measured by
the Schedule of Values established as provided in Paragraph 2.07.A of the General
Conclitions (and in the case of Unit Price Work based on the number of units
completed) or~ in the event there is no Schedule ofVa]ues, as provided in the General
Requirements.
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6.2.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as Engineer
may determine or Owner may withhold, including but not limited to liquidated
damages, in accordance with Paragraph 14.02 of the General Conditions:
6.2.1.1. Ninety-five percent of Work completed (with the balance
being retainage). If the Work has been 50 percent completed as
determined by Engineer, and jf the character and progress of the Work
have been satisfactory to Owner and Engineer, Owner, on
recommendation of Engineer, may determine that as long as the
character and progress of the Wark remain satisfactory to them, there
will be no additional retainage; and
6.2.1.2.. Ninety-five percent of cost of materials and equipment not
incorporated in the Work (with the balance being retainage).
6.2.2. Owner will release to Contractor all retainage for those separate
portions of the Work determined substantially complete by Engineer and
accepted by Owner for use as intended.
6.2.3. Upon Substantia] Completion, Owner will pay an amount sufficient to
increase total payments to Contractor to 100 percent of the Wark completed,
less such amounts as Engineer will determine in accordance with
Paragraph 14~02.B.5 of the General Conditions and less 100 percent of
Engineer's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to
the certificate .of Substantial Completion.
6.3. Final Payment:
6.3.1. Upon final completion an.d acceptance of the Wark in accordance with
Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of
the Contract Price as recommended by Engineer as provided in said
Paragraph 14.07..
7~ CONTRACTOR'S REPRESENTATIONS
7 .1. In order to induce Owner to enter into this Agreement, Contractor makes the
following representations:
7 .1.1. Contractor has examined and carefully studi ed the Contract Documents
and the other related data identified in the Bidding Documents.
7.1.2. Contractor has visited the Site and become familiar with and is
satisfied as to the general, local, and Site conditions that may affect cost,
progress, and perfoIinance of the W ork~
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AGREE:MENT
7 ~ 1..3. Contractor is f ami Ii ar with and is satisfied as to all federal, state, and
local Laws and Regulations that may affect cost, progress, and performance of
the Work.
7..1.4. Contractor has carefully studied all: (1) reports of explorations and
tests of subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing sutface or subsurface structures at
or contiguous to the Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in Paragraph 4.02 of
the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which has been identified in the
Supplementary Conditions as provided in Paragraph 4..06 of the General
Conditions.
7~1.5~ Contractor has obtained and carefully studied (or assumes
responsibility for doing so) all examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost~
progress, or peIformance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Bidding
Documents, and safety precautions and programs incident thereto~
7~1~6. Contractor does not consider that any further examinations,
investjg~tions, explorations, tests, studies, or data are necessary for the
performance of the Wark at the Contract Price, within th~ Contract Times, and
in accordance with the other terms and conditions of the Contract Documents~
7~1~7~ Contractor is aware of the general nature of work to be performed by
Owner and others at the Site that relates to the Work as indicated in the
Contract Documents.
7.1~8.. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents..
7.1.9~ Contractor has given Engineer written notice of all conflicts, errors)
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents, and the written resolution thereof by Engineer is acceptable to
Contractor.
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7~1.10.. The Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and
furnishing of the Work.
8. CONTRACT DOCUMENTS
8 .1. Contents:
8.1.1. The Contract Documents that are attached to this Agreement (except as
expressly noted othelVlise) consist of the following:
8.1~1~1. This Agreement (pages _ to _, inclusive).
8~1.1.2. Performance bond (pages _ to _' inclusive),
8..1..1.3. Payment bond (pages _ to _, inclusive).
8..1..1.4. General Conditions (pages ~ to _, inclusive)..
8..1..1.5. Supplementary Conditions (pages _ to~, inclusive).
8.1.1.6. Specifications as listed in the table of contents of the Project
Manual.
8.1.1.7. Drawings consisting of 14 sheets with each sheet bearing the
following general title: "Well 2GB Expansion"~
8.1.1.8. Addenda (numbers _ to _, inclusive).
8.1.2. Exhibits to this Agreement (enumerated as follows):
8.1.2.1. Contractor's Bid (pages _ to _, inclusjve)~
8.1.2.2. Documentation submitted by Contractor prior to Notice of
Aw+ard (pages _ to _, inclusive).
8..1.3. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
8.163.1. Notice to Proceed (pages _ to _, inclusive).
8.1.3.2. Work Change Directives.
8..1.3.3. Change Order(s).
8~2. There are no Contract Documents other than those listed above in this Article.
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8~3. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions..
9. 1v1ISCELLANEOUS
9 .1. Terms used in this Agreement will have the meanings stated in the General
Conditions and the Supplementary Conditions..
9.2.. Successors and Assigns: Owner and Contractor each binds itself, its partners,
successors, assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
9~3.. Severability: Any provision or part of the Contract Documents held to b~ void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner and
Contractor, who agree the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision..
9.4~ Assignment of Contract:
9~4,,1. No assignment by a party hereto of any rights under or interests in the
Contract shall be binding on another party hereto without the written consent
of the party sought to be bound; and, specifically but without limitation,
moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction
may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no as.signment sllall release or discharge the
assignor from any duty or responsibility under the Contract Documents.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate.
One counterpoint each has been delivered to Owner, Contractor, and Engineer. All portions
of the Contract Docu.ments have been signed or identified by Owner and Contractor or on
their behalf.
This Agreement will be effective on
Agreement).
, 20_ (which is the Effective Date of the
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OWNER:
By:
Title:
[CORPORATE SEAL]
Attest:
Ti t]e:
Address for giving notices:
(If Owner is a corporation, attach evidence
of authority to sign. If Owner is a public
body, attach evidence of authority to sign
and resolution or other documents
authorizing execution of-Owner-
Contractor Agreement.)
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CONTRACTOR:
By:
Ti t] e:
[CORPORATE SEAL]
Attest:
Title:
Address for giving notices:
License No.
(Where applicable)
Agent for service or process:
(If Contra~tor is a corporation or a partnership,
attach evidence of authority to sign.)
END OF SECTION
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May 6, 2005
MERIDIAN CITY COUNCIL MEEfING
APPLICANT
May 10,2005
ITEM NO~
5-G
REQUEST Contract with Custom Electric for Telemetry Installation and Size Lift Stations
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:
OTH ER:
See attached
p
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(:':":.: ..... ..
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ECEIVE
MAY 0 5 2005
~CjTY OF MERIDIAN
CfTY CLERK OFFICE
To: William Berg, Jr.
From: Lenard Grady
CC: Brad Watson
Date: 5/5/2005
Re: Proposed Agenda Items for May 10, 2005 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
May 1 0 City Council consent agenda:
Well 208 Pump House Exoansion - Guho: Three bids were received for this project as
summarized below:
· Guho Corporation $454, 132~OO
· Star Construction $483,205.20
· Jrminger Construction $495r997~OO
Guho successfully completed Well 23 for the City. Attached are the bid results and the
agreement.
Recommended Council Action: The Public Works Department recommends
that City Council approve the contract with Guho Corporation for Well 208
Pump House for $454, 132.00 and authorize the Mayor to sign it.
Well 26 Production Well Chanae Order #1 (Final) - Treasure Valley Drillinq: Attached is
change order #1 for additional work required to complete the well~ The change order amount
is $9,737~15.
Recommended Council Action: The Public Works Department recommends
that City Council approve Change Order #1 (Final) with Treasure Valley Drilling
for additional work required on Well 26 Production Well for
$9, 737 II 15 and authorize the Mayor to sign it.
From the desk 0 for . .
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, Idaho 83642
(208) 898-5500
Fax: (208) 898-9551
grndyl@meridiancity.org
. page 1
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~'( Telemetry Installation at Size Lift Stations - Custom Electric: Attached is contract with
I Custom Electric for installation of telemetry at size lift stations. This was budgeted and will
save manpower and significantly reduce the possibility of an upset condition. The contract
amount is $24,430.00
Recommended Council Action: The Public Works Department recommends
that City Council approve the Contract with Custom Electric for installation of
telemetry units at six lift stations for $24,430.00 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 2
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT.is dated the 20th day of Mav .in the year 2005 by and between City of
Meridian, Ada County, Idaho (hereinafter called OWNER) and Custom Electric (hereinafter called CONTRACTOR).
OWN.ER and CONTRACTOR, in consideration of the mutual covenants hereina:fier set forth, agree as follows:
Article 1
WORK.
The CONTRACTOR .will complete all Work as specified or indicated in the Agreement. The WORK is generally
described as follows:
The project includes installation telemetry at size lift stations.
The Project for which the Work under the Agreement is described as follows: Six Lift Stations Connected to WWTP
Data Collection.
All replacement materials and \vorkmanship ,viII meet the City of Meridian Standard Specifications and
Dra,vings. The Contractor should become familiar \vith the specifications.
Artie) e 2
ENGINEER
The City of Meridian Public Works Department will be the ENGINEER.. The City of Meridian Public Works
Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
Article 3
CONTRACT TIME.
The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences
to run. Time is o"f the essence.
Article 4
CONTRACT PRICE.
OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is
$24,430.00.
Article 5
PAYMENT PROCEDURES.
The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for
Payment must be submitted to the Public Works Department.
.PaYlllents. The OWNER win make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th
day of each .month during construction for Applications submitted to the Public Works Department prior to the 1st day
of that .month. All progress payments will be on the basis of the progress of the work measured by the schedule of
values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion
and acceptance of all Work covered by this Agreement.. Upon completion and acceptance of the Work, payment ,viII
be made in full, including retained percentages, less authorized deductions, within thirty (30) days.
3/3 1/2004
page
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Article 6
INTEREST.
All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of
Project, whichever is less.
Article 7
CONTRACTOR'S REPRESENTATIONS.
In order to induce the OWNER to enter into the Agreement, the CONTRACTOR .makes the following representations:
7 ~ 1 The CONTRACTOR has familiarized itself with the nature and extent of the Wark, site, locality, and all local
conditions and Laws and Regulations that.in any manner may affect cost, progress, performance or furnishing of
the W orkt
7~2 The CONTRACTOR has studied carefully an drawings of physical conditions.
7.3 The CONTRACTOR has give.n Public Works Depaltment written notice of all conflicts, erro.rs or discrepancies
that he has d.iscovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8
CONTRACT DOCUMENTS.
The Contract Documents) which comprise the entire agreement between the OWNER and the CONTRACTOR
concerning the Work, consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement - N/A.
8..3 Information For Bidders - N/A.
8.4 Drawings - N/A.
8.5 CONTRACTOR's Quote - 5/4/2005.
8.6 1999 Idaho Standards for Public Works Construction, including Division 1 00, except as superseded by the
Information For B idders~ contained herein.
8.7 .Revisions to the Standard Specifications and Special Provisions4
8,,8 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise
above ).
There are no Contract Documents other than those listed above in this Article 8. The Contract Docu.ments may only
be amended, :modified or supplemented by written Change Order.
Article 9
MISCELLAN.EOUS.
9" 1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on
another party hereto without the written consent of the party sought to be bound; and specifically but without
limitation nloneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restr.iction may be limited by law), and unless specifically stated to the
co.ntrary in any \vritten consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
3/31/2004
page
2
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9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the
other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and
obligations contained in the Contract Documents.
Article 10 OTHER PROVIS.IONS.
None
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
The Agreement will be effective on May 20, 2005.
Owner CITY OF MERIDIAN Contractor: Custom Electric
By: By
Name: Mayor De Weerd
Attes t:
Name: William Berg.. Jr. City Clerk
City Council Approval: 5/10/2005
3/31/2004
page 3
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Quote
Custom Electric, Inc.
2800 West Idaho Blvd.
Emmett, Idaho 83617
PhI 208...365..2700 Fax, 208~365...2768
Idaho Public Works License # 12614-AAA-4(14)
Idaho Electrical Contractor # C..03774
To: Meridian Public Works Dept
A ttn: Lena rd Grady
Date:
Time:
May 4, 2005
8:05:25 AM
898-5500 Phone
887-1297 Fax
I~t -...... . :: .:-:.
,-
Price fa r Waste Water Lift Station Radio w
Radio set to communicate to existing master radio located at WWTP.
Configured to show pumps running and wet well leveL WonderWare, PLC,
InSql, and radio programming included~
Site instalration of RTU, antennae. and I/O wiring included.
Radios standard with 4 discrete inputs and outputs, and 2 Analog (4-20mA)
inputs and outputs. Additional JlO available
Mosher Farms 3650 wOO
Radio installed in control panel with Autodialer removed.
Blackstone 4090.00
Standa rd I nstalJation
La ndj ng 4090.00
Sta ndard I nsta llation ~
Coppe rbas in 4420.00
Price includes signal isolator for connection to pressure transducer for level
Pa rkside 4090.00
Standard I nsta Ilatio n
Gregory 4090.00
Sta ndard I nsta Ilation
.~...". ...:. ...~
Quote Cost 24430.00
May 6, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 10,2005
ITEM NO.
5-H
REQUEST Well 26 Production Well Change Order No. 1 Final-Treasure Vaney Drilling
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AlTORNEY
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:
SEITLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached
Confacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials prosented at public meetings shall become property of the City of Meridian..
(. . .
f"~.
(
ECEIVE
MAY 0 5 2005
~CITY OF MERIDIAN
CITY CLERK OFFICE
To: William Berg, Jr.
From: Lenard Grady
CC: Brad Watson
Date: 5/5/2005
Re: Proposed Agenda Items for May 1 0, 2005 City Council Meeting
The Public Works Department respectfully requests the following item(s) be placed on the
May 1 0 City Council consent agenda:
Well 20B Pumo House Exoansion - Guho: Three bids were received for this project as
summarized below:
· Guho Corporation $454,132.00
· Star Construction $483,205.20
· Irminger Construction $495,997.00
Guho successfully completed Well 23 for the City. Attached are the bid results and the
agreement
Recommended Council Action: The Public Works Department recommends
that City Council approve the contract with Guho Corporation for Well 208
Pump House for $454, 132.00 and authorize the Mayor to sign it.
Well 26 Production Well Chanoe Order #1 (Final) - Treasure Vallev Drilling: Attached is
change order #1 for additional work required to complete the well. The change order amount
is $9,737.15.
Recommended Council Action: The Public Works Department recommends
that City Council approve Change Order #1 (Final) with Treasure Valley Drilling
for additional work required on Well 26 Production Well for
$9, 737.. 15 and authorize the Mayor to sign it.
From the desk of. . ~
Lenard Grady
Staff Engineer
Meridian Public Works Department
660 E. Watertower, Suite 200
Meridian, [daho 83642
(208) 898-5500
Fax: (208) 898-9551
gradyl@meridiancity.org
. page 1
(
(..: ..
Telemetry Installation at Size Lift Stations - Custom Electric: Attached is contract with
Custom Electric for installation of telemetry at size lift stations. This was budgeted and will
save manpower and significantly reduce the possibility of an upset condition~ The contract
amount is $24,430..00
Recommended Council Action: The Public Works Department recommends
that City Council approve the Contract with Custom Electric for installation of
telemetry units at six lift stations for $24,430.00 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 2
Ma~ {.14 05 09:58a
Ed ...-S.qu ires
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20 8~~7 3 42 - 31 00
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CHAN.GE ORDER
No.
DATE OF ISSUANCE
EFFECTIVE DATE
OWNER: City of Meridian
CONTRACTOR; Treasure Vaffey Drilling and pumo Company
Contract: City of Meridian Suoply Well #26
Project: Drilrin9. Construction. and Develooment of Meridian Water SuoDly Well #26
OWNER's Contract No. ENGINEER's Contract No.
ENGINEER
You are directed to make the followjng changes in the Contract Documents:
Description~ COSTS ASSOCJATED WITH CABLE TOOL RIG SETUP, SWABBING AND BA[LING THE WELL SCREEN
ASSEMBL Y, DRILL SITE PREPARATION (EXCAVATION AND GRAVEL PLACEMENT). RENTAL OF 10" rRRIGATION
PIPE FOR TEST PUMPING1 AND PURCHASE OF i'BAROJD AQUA CLEARJ1 TO HELP REMOVE DRilliNG MUD
FROM WELL SCREENS SHALL BE ADDED TO THE MERIDIAN SUPPLY WELL #26 CONTRACT.
Reason for Change Order: THE ITEMS DESCRIBED ABOVE WERE NOT INCLUDED AS BID ITEMS IN THE
ORIGINAL sro PACKAGE. THESE ADDITIONAL ITEMS WERE NECESSARY FOR SUCCESSFUL COMPLETION OF
THE SUPPLY WELL AND WERE ORDERED BY THE PROJECT OVERSEER (HYDRO LOGlC, INC).
Attachments: (List documents supporting change)
SPREADSHEET COMPARrSON OF BID AMOUNTS VERSUS INVOICED AMOUNTS
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIMES: N I F\
Original Contract Price
$
~b' ~OO wGc)
, ..
Original Contract Times;
Substantial Completion:
Ready for final payment:
(days or dates)
Net change from previous Change Orders No. _ to
No._
Substantial Completion:
Ready for final payment
(days)
Net Increase (Decrease) from previous Change Orders
No._to_
· $ 0
Contract Price prjor to this Change Order;
$
~h' ~OO.C)O
J
Contract Times plior to this Change Order:
Substantial Completion:
Ready for final payment
(days or da tes)
Net increase (decrease) this Change Order:
Substantial Completion;
Ready for final payment:
(d ays)
Contract Times with an approved Change Orders:
Substantial Completion:
Ready for final payment:
(days or dates)
Net jncrease (decrease) of this Change Order:
$ q;3'1~1S
Contract Price with aU approved Change Orders:
$ ~'1\ S37~ryS
J
APPROVED:
ACCEPTED:
By: By:
OWNER (Authorized Signature) CONTRACTOR(Authorized Signature)
Date:
Date:
Date:
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May 6, 2005 Department Reports
MERIDIAN CITY COUNCIL MEETING May 1 0, 2005
APPLICANT Mayors Office ITEM NO~ 6-A-l
REQUEST Proclamation: Letter Carriers Food Drive Day - Saturday May 14, 2005
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATfORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
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:
OTH ER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at pUblic meeflngs shall become property of the City of Meridian..
/~. ~. .
c
(
Will Berg
From:
Sent:
To:
Subject:
Symantha Miller [symiller@velocitus"net]
Friday, May 06,2005 3:41 PM
William Berg
Proclamation for Water Awareness Week
Hi Will,
Mayor deWeerd portrayed If Mayor Tammy" in the fictitious town of "Lemonvillen
for our Water Awareness Week educational video, so I was hoping she would
sign a proclamation for Water Awareness Week.. Here is some background
information if you are able to put together for us:
Water Awareness Week is May 9 - 13
The Water Awareness Week Program began in 1994 to provide water education to
Idaho sixth grade students~ The objective is to help them understand how
important water is in their daily lives.. The theme for this year is ground
water ..
This statewide program is implemented by six regional committees.. The
Region 3 Committee covers ten (1 0) counties in southwest Idaho.
In addition to distributing various printed materials to teachers throughout
the region, an educational video was filmed at Meridian Middle School. Two
sixth grade science classes demonstrated the Project WET activity ''The
Pucker Effect" and created an "Edible Aquifer" in an effort to explain
ground water movement~ sources of contamination, and well drilling.
Please let me know if you need any other information.
Thanks for putting this together!
Symantha Miller
Sanitary Services Co~
208..888-3999
1
{.~~.....
oJ ""
'"" ""
(/-.....
(~
Will Berg
From:
Sent:
To:
Subject:
Symantha Miller [symi lIer@velocitus..net]
Tuesday, May 10,200510:48 AM
William Berg
Water Awareness Week
Here is the infonnation for the proclamation that I tried to send you last
week:
Water Awareness Week is May 9 - 13
The Water Awareness Week Program began in 1994 to provide water education to
Idaho sixth grade students~ The objective is to help them understand how
important water is in their daily lives. The theme for this year is ground
water ..
This statewide program is implemented by six regional committees. The
Region 3 Committee covers ten (1 0) counties in southwest Idaho.
In addition to distributing various printed materials to teachers throughout
the region. an educational video was filmed at Meridian Middle SchooL Two
sixth grade science classes demonstrated the Project WET activity "The
Pucker Effect" and created an "Edible Aquifer" in an effort to explain
ground water movement, sources of contamination, and well drilling.
Thanks again!
Symantha Miller
Sanitary SeIVices Co.
20 fJ...S88-3999
1
(
May 6, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 1 0, 2005
ITEM NO.
13
REQUEST Presentation Update on North Meridian Plan Project
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:
SElTLERS IRRIGA liON:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Confacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
May 6, 2005 AZ 05-006
MERIDIAN CITY COUNCIL MEETING May 1 0, 2005
APPLICANT Traditions by Amyx III LLP ITEM NO. 14
REQUEST Ordinance - Request for Annexation and zoning of 76_29 acres from RUT to R-4 zones
for Zebulon Heights Subdivision No.2 - south of East McMillan Road and east of North Locust Grove
Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
See attached Ordinance
~ rP
tvr'~
rtr
o
/(tGV
Contacted:
Emailed: t,Q
Phone:
~
Materials presented at public meeffngs shall become properly of the City of Meridian.
(
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05- II ~~
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land known as Zebulon
Heights Subdivision No.2 commonly located within the Northeast ~ of Section 32, Township 4 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A".
This parcel contains 76.29 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-af-way of record or
implied.
As surveyed by Engineering Solutions, as attached as exhibit "B" and is not based
on an actual field survey.
A full text of this ordinance is available for inspection at City Hall, Cit of Meridian, 33
East Idaho, Meridian, Idaho~ This ordinance shillolila€.G.QJJle effective on the f"~ day of
Yb1 .~~ ~~~
/' la~ ' 2005. .~~~ of. A . . :'.~tl~~
.~(p~ .' . '''''' t' ,
City of Meridian :; L . ~
Mayor and City Council l .g. · -, .
By: William G. Berg, Jr., City Clerk i,~.., .~.~.$~ *~~~/ft
.,~~~~ ~f,h.~k1 't;1'''~~]~f
Pit R d.. r- --(0 - II ~ ' ~~??~JifJ'~ -I ~ ~~;f
lrst ea 109 · ~ . :~~l'P.t~"!>o--:'H..p~~!1'~1:;~'
Adopted after first reading by suspension of the Rule 'as allowed pursuant to Idaho Code 50-902:
YES X NO
Second Reading:
Third Reading:
.""""".,..
STATEMENT OF MERIDIAN CITY AlTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05~ (I ~2--
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the
attached Ordinance No. 05- 115~ of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code 9 5o-golA (~ IvlQ1--J
DATED this 2- ? day of 1 , 20 5.
J~
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - Az..05M006 - ZEBULON HEIGHTS SUBDIVISION - page 1
( .. .
('.-.."".. .
" ~""" .."
May 61 2005 AZ 04-029
MERIDIAN CITY COUNCil MEETING May 1 0, 2005
APPLICANT Tom Holliday / Cottonwood Lane Partners ITEM NO~ 15
REQUEST Ordinace - Request for an Annexation and Zoning of 8.58 acres from RUT to C-G
zones for Cottonwood Lane -0 985 East Freeway Drive
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: ~rlr< ~ Date: Phone:
Emailed:Chcl.Sn@~p..(\~e.-.e:t\31ne..er5 ... (' ^~aff Initials:
Materials presented.at public meeHngs shall become properly of the City of Meridian..
See aHached Ordinance
(
(<:-......
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05- (/53
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance ofth.e City of Meridian granting annexation and zoning for land known as
Cottonwood within a portion of Lot 23, Block 1, of Amended Magic Vile Subdivision, as shown on the
official plat recorded in Book 52 of Plats at pages 4445 and 4446, records of Ada County, Idaho and a
portion of the East Y2 of Section 17, Township 3 North, Range 1 East of the Boise Meridian, Ada County,
Idaho, more particularly described in Attachment "A".
This parcel contains 8,,58 acres more or less,
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied.
As surveyed as attached exhibit "B" and is not based on an actual field survey~
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33
East Idaho Avenue, Meridian, Idaho" ThiS}W~dli;r.taW~t:svsh~ll become effective on the It>ft. day
of /J1 d J ' 2005. . '..~~~ -'t- ~~~~~~~~~: ·
~# O*l~t;o'lpcmi4 ~. ~.,~ ~.
:;f ~. -<'-<>.~;
: r ' , '. ~
~ ~ 1)~ L i
.....: v,4
C.. fM .d~ i1~ ~
Ity 0 ert tan ~ '. '. ,. . . Q) A~
Mayor and City Council ;~ ~ ..~._,.~ ~ ,~.J::J A~
By: William G. Berg, Jr., City Clerk \~ ~"_>. ~t.1$1:. i _..~ $f'~
~,~ ' ~ ~1;
.~~ ~ ~: "~:1 ,\:7 It'.
5= /tl ~ ~,,~~4,f~I\.~.'1. ~. ..;f.l~.
.. .. ~ ~ ".:!/;::
FIrst ReadIng: t? .~. .~'- · ....,.~,., .
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES X NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CIlY ATIORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05- 1/ 5 3
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the
attached Ordinance No. 05- //53 of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public pursuant to
Idaho Code 9 5o-90lA (3).
DATEDthis 25
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AZrOS-003 - KINGSBRlDGE SUBDIVISION - page 1
ADA COUNTY RECORDER J. p~~."(~D NAVARRO AMOUNT .00 5
BOISE IDAHO OS/26/05 01 :2!}....:.:,:.. /
DEPUTY Neava Haney 1111111111111111111111111111111111111
REC.O~DED.-REQUEST OF 105067164
Mendlan City
CITY OF MERIDIAN ORDINANCE NO. Il ~ - (I ~3
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-04-029 - COTTONWOOD LANE) FOR ANNEXATION OF
PROPERTY LOCATED WITHIN A PORTION OF LOT 23, BLOCK 1, OF
AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT
RECORDED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4446, RECORDS OF
ADA COUNTY, IDAHO AND A PORTION OF THE E ~ OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA
COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING
CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO,
AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;
ESTABLISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-G
(GENERAL RETAIL AND SERVICE COMMERCIAL) AND L-Q (LIMITED
OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS
ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS
REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE
ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of
Meridian, Idaho, and tllat the City of Meridian has received a written request for annexation and re-
zoning by the owner of said property, to-wit: Cottonwood Lane Partners
SECTION 2. That the above-described real property is hereby annexed and re-zoned from
RUT (Ada County) to C-G (General Retail and Service Commercial) and L-Q (Light Office) in the
Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing require.ments pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said
property .
ANNEXATION OF AZ-04-029 COTTO.NWOOD LAN.E.. page t of3
f
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co.u, :
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
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
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State ofldah.o, 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.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly> this Ordinance shall be
in full force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
( f) I} day of a , 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
I f) If; day of R , 2005.
~~
ATTEST:
CITY CLERK
ANNEXATION O.F AZr-04M029 COTTONwOO.n LANE - page 2 of3
r. .
\.: .
.......~. . :
("
STATE OF IDAHO, )
) ss.
County of Ada )
On this L day of may ,2005, 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 withil1 instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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AN.NEXATION OF AZ-04-029 COTTONWOOD LANE - page 3 of3
j"
. ~
Exhibit t1A H
Annexation Legal
A parcel of land for annexation located in a portion of Lot 23, Block 1, of Amended rvlagic View
Subdivision, as sho\vn on the official plat recorded in Book 52 of plats at pages 4445 and 4446,
Records of Ada County, Idaho, and a portion of the El/2 of Section 17, Township 3 North, Range
1 East, Boise rvreridian, City of1vIeridian, Ada County, Idaho and more described as Follo\vs:
Commencing at a brass cap monument marking the NE comer of the NE 1/4 of said Section 17,
thence along the East line of said section 17, SOoo46'02ItE, a distance of 2,652.92 feet to a brass
cap monument marking the SE corner on the NE 1/4 of said Section 17, thence leaving said East
line, 869031 t29l1W, a distance of 1,062.84 feet to a point on E. Freeway Drive being the POINT
OF BEGIN~NTNG;
Thence along the centerline ofE. Freeway Drive) S5301 0111 nw, a distance of 112~ 17 feet to a
point;
Thence along an arc of a curve to the right, having a radius of 3671.69 feet, an arc length of
241.34 feet, a central angle of3045'58", and a chord bearing ofS53030'16~'W a distance of
241.31 feet to a to a point;
Thence leaving the centerline ofE. Freeway Drive N34037r27uW, a distance of 30.00 feet to a to
a 5/8 inch rebar marking the intersection of the North right-of-way line of E. Freeway Drive and
the West line of said lot 23;
Thence leaving said North right-of-way line and along the West line of said lot 23, NOQo50f40"W,
a distance of 547.47 feet to a 1/2 inch rebar;
Thence leaving said Wesf line and along the S Quth line of said lot 23, S 89040'22 HW, a distance of
782.01 feet to a 5/8 incl1 rebar on the East right-af-way line of S. Wells Drive;
Thence leaving said South line, S79059103t1W) a distance of25.00 feet to a to a point on the
centerline of S. Wells Drive;
Thence along the centerline ofS. Wells Drive, NIooOQ'57nW, a distance of7.85 feet to a to a
po i nt;
Thence along an arc of a curve to the right having a radius of 133.40 feet an arc length of 61.57
feet) a central angle of 26026t38t1 and a chord bearing ofN030 12'22UE a distance of 61.02 feet to a
point;
Thence N16025'41"E, a distance of 391 c86 feet to a to a point;
Thence leaving the centerline of S. Wells Drive, S73034t19UE, a distance of25.00 feet to a 1/2
inch rebar on the East right-of-way line of said S. Wells Drive, also being the NW corner of said
lot 23;
Thence leaving said East right-af-way line and along the Northerly line of said lot 23,
S72029t27HE, a distance of702.83 feet to a 5/8 inch rebar marking the Northeasterly comer of
said lot 23;
Thence leaving said Northerly line and along the Easterly line of said lot 23, S27038r31 ItE, a
distance of 625.95 feet to a 5/8 inch rebar on the North right-of-way line of said E. Freeway
Drive;
Thence leaving said North right-of-way line S36049'49HE, a distance of 30.00 feet to the POINT
OF BEGINNING.
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Said parcel cont~ins 377,281 square feet or. 8.6~ acres, more or less and is subject to all existi~;{;~~~.~::.~~~::...,.~ '.'~~,
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BEFORE T.RE MERIDIAN CITY COUNCIL
C/C May 10, 2005
IN THE MATTER OF THE )
APPLICATION OF FARWEST, LLC )
FOR FINAL PLAT APPROVAL FOR )
114 SINGLE-FAMILY )
RESIDENTIAL BUIDLING LOTS )
AND 23 COMMON LOTS ON 41.05 )
ACRES IN AN R-4 ZONE )
LOCA T.ED NORTH OF EAST )
MCMILLAN AND EAST OF )
NORTH MERIDIAN ROAD IN A )
PORTION OF THE S ~ OF T 4N., R. )
IE, SECTION 30. )
)
CASE NO. .F.P-05-028
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter _co.ming before the City Council for Final Plat approval pursuant to
Meridian City Code S 12-3-7 on May 10,2005, and the CouD.cil finding that the Administrative
Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning
Department, and Micllael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: May 1 0, 2005, 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 THA T:
1. The Final Plat of "PLA T SHOWING SAGUARO CANYON SUBDIVISION NO.2
LOCATED IN ANPORTION OF THE S ~ OF T. 4N., R. lE~, SECTION 30,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005,
ORDER OF CONDITIONAL APPROVAL OF FIN"AL PLAT
FOR SAGUARO SUBDIVISION NO. 2/ (F.P-05-028)
page 1 of3
HANDWRITTEN DATE: 0/23/05, SHEET 1 OF 6, BRIGGS ENGINEERING,
INC~", FARWEST, LLC, Develo.per, is Conditionally Ap.proved subject to those
conditions of Staff comments as set forth in the Memorandum to the Mayor and City
Council from Sonya Allen, Assistant City PlalU1er for tIle Planning and Zoning
Department and Michael Cole, Development Services Coordinator for the Public
Works De.partment, dated: Hearing Date: May 10,2005, listing 22 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and
correct copy of which is attached l1ereto marked Exhibit "A", and consisting of 6
pages, and by this reference incorporated herein, and the response letter from
Farwest, LLC, a true and correct copy of which is attached hereto marked Exhibit
"B" and consisting of 2 pages, and by this reference incorporated herein, and the
response letter from Briggs Engineering, Inc.., a true and correct copy of which is
attached hereto and marked Exhibit "e" and consisting of 3 pages, and by this
reference incorporated herein~
2~ The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying tllat 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SAGUARO SUBDIVISION NO.2 / (FP-05-028)
page 2 of3
(~.,~:... .
(
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. Suc.h 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 issu.e9 A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please tal{e 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 whicl1 may be adversely affected by this decision may, within twenty-eight (28) days
after the date of tllis decision and order, seek a judicial review as provided by C.hapter 52, Title 67,
Idaho Code~
By action of the City Council at its regularnleeting held on the
lOth
day
of
, 2005.
&"tilg;~~4~..~i;;:i1'~;~: if" ~_ <
.~ih'~ &of (1# .. ~i'~~ l~:ll"., Tammy de erd
.f~\d':' ;-..." _.' - ~~ .... ~~ :.. ~Jr~;, .
..l:q. .. I ,-. ~~ ~r..:' .. . ..
.~+ 1...~._ . ~FJ'ORi'1.~+... #A. ~~ayor, City of Mendlan
.4f . f',titJ ~ (-0. .i"-
f ..~.. . ~~~
~ ~' _ i
~ .SEAL .:~.'
~, i.. . . -m _ j-
W"ll' G 1~ x~. ~ ~D
1 lam · Berg, Jr9, Ity er~~_ ~~~~r ~ " u$) t#:'
Z~ ~ t .. '.:::!: ~ v ~~. - ~n, ~"'~-
Copy served upon Ap.plicant, the ;Y~c.~~~&g:partment, Public Warks Department, and
Ci ty A ttomey 9 ~ttY~![f~0i \t::f.1-o~~.
By:
City Clerk's Office
Dated: tD - Lo -OC;
ORDER OF CONDITIONAL AP.PROV AL OF FINAL PLAT
FOR SAGUARO SUBDNISION NO~ 2 / (FP-OS-028)
page 3 of3
MA YOR
Tnlnmy de Wecrd
(
CITY COUNCIL MEMBERS
Keitll Bird
Cllristille DOlloe] 1
Sllaull Wattlle
Cllarles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 ~ Fax 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 · Fax 887w 1297
.PLANNING AND ZONING
D.EPARTMENT
(208) 884-5533 · F fu'{ 888*6854
Ian ~#' '\,
./
1I)/\HO lY
,?f/
STAFF REPORT:
Hearing Date: May 10, 2005
TranSlnittal Date: May 5,2005
To:
Mayor and City Council
..<'I/.
Sonya Allen, Assistant City Planner ()
Michael Cole, Developlnent Services Coordinator r~ c..
From:
Re:
Saguaro Canyon Subdivision No.2
Final Plat ap.proval of One-hundred-fourteen (114) Single-Family Residential
Building Lots and Twenty-tlrree (23) Co.roman Lots on 41.05 Acres in an R-4
Zone, by Farwest, LLC (File No~ FP-05-028).
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, Farwest, LLC, has applied for Final Plat approval of 114 single-family
residential building lots and 23 common lots on 41.05 acres of land for Saguaro Canyon
Subdivision No. 2~ The zoning designation for the proposed subdivision is R-4 (Low Density
ResidentiaI)~ This subdivision will have a gross density of 2.8 d.u./acre and a net density of
3.5 d.u./acre~
Saguaro Canyon Subdivision No.. 2 is located north of E.. McMillan Road midway between N.
Meridian Road and N.. Locust Grove Road, in the S 1;2 of Section 30, T .4N.., R~ IE.
The common area lots within the subdivision consist of landscaping, open space, drainage,
pathways, and a park. T.he pressurized irrigation system within this development is to be
owned and maintained by Settler's Ir.rigation District..
Amenities provided in this phase are two (2) tot lots located in the park on Lot 2, Block 19,
and on Lot 5, Block 10; a IO-ft. wide public pedestrian .pathway extending from the west to the
north and east of this phase; and a minimum of 10% open space (6.78 acres provided in this
phase) ~
.FP--05~028
Exh i bi t '~A';
saguaro canyon Sub2 FP odoc
!.~
(
Mayor & City Cou.nciI
Hearing Date: May 3,2005
Page 2
A Conditional Use Permit/Planned Development was approved. for this subdivision which
allowed for reductions to the minimum requirements for the R-4 zone for th.e following: lot
size (from 8,000 s ~ f~ to 5, 735 s ~ f.), house size (from 1,400 s. f. to 1 ,20 1 s. f.), street frontage
(from SO-ft. to 60-ft. and from 40-ft. to 3D-ft. for cul-de-sac .lots), and cul-de-sac length (from
450-fi. to 550-ft.)4
A secondary emergency access .point was required as part of the preliminary plat. The
applicant has su.bmitted a plan showing a 20-ft. wide temporary access road. west to N.
Meridian Road.. This pla.n must be approved by the Fire Department prior to signature on the
final plat.
The final plat Sl10WS nine lots fewer than. was approved on the preliminary plat; however, the lots
are now larger in size~ The applicant states that this modificatio.n is due to a change in market
conditions. A non-buildable lot was also added (Lot 29, Block 1) along the eastern boundary to
accommodate the proposed sanitary sewer trunk main for the North Slough. Staffhas no
CQ.ncems with the proposed changes and the submitted final plat still substantially complies with
the approved Preliminary Plat.
Staff recommends approval of Saguaro Canyon Subdivision No.2 with the comments and
conditions stated. in this report.
SITE SPECIFIC COMMENTS / FINAL PLAT
]. Applicant is to meet all terms of the ap.proved Conditional Use Permit (CUP-03-058),
Preliminary Plat (PP-03-032) and Development Agreement (lost.. No. 104089430).
2. Fencing must be in compliance with MCC 12-4-10~
Temporary construction fencing will be required along the northern & southern
boundaries of this phase to preve.nt debris from blowing to adjacent properties d.uring
construction.
3. Revise the following notes on the face of the plat dated 3/23/05:
13.) Include the Development Agreement number~
4. Revise the .plat to include lengtlls and bearings of all exterior boundary lines of the
development as required by (I.C. 50-1304.)
5. Revise the plat to include all Gravity lnigation Easement Instrument nu.mbers.
6. Lot 46, Block 2 does not meet the minimum. street frontage of 60 feet required in this
develop.ment The applicant shall make the necessary adjustments to conform.
FP-05 -028
Exhibit ~'A;'
saguaro canyon Sub2 FP.doc
Mayor & City Council
Hearing Date: May 3, 2005
Page 3
f~1
1..\
7. The followil1g lots do not Ineet tIle required street frontage of 30 feet allowed for Cul-de-
sacs in this development. The applicant sllal1 make the necessary adjusnnents to
conform.
a) Lot 75, 76; Block 2.
8. Grap.hically depict a 5-foot wide Easelnent on the following lots. They will be interior lot
lines to a future phase.
a) North side of Lot 1, Block 21.
b) North side of Lots 1,2; .Block 20.
c) North side of Lot 1, Block 19.
9. Grap:hically depict an 8-foot wide Public Utility, Drainage and Irrigation Easement in the
following locations. The extra width is necessary to aCCOffilTIodate an irrigation main.
a) North boundary of Lot 47, Block 1.
b) Eastern boundary of Lot 64 .Block 2.
10. The landscape plan, dated 4/5/05, shall .be revised as follows:
a~ A 5- ft vinyl fence with I-ft. of lattice is required along tIle entire east boundary that
is shared with Larkwood Subdivision per Findings of Fact and Conclusions of Law,
#4, pg. 5. Include detail for fence.
b. A tot lot is required as an amenity on Lot 5, Block 1 O~
c. Provide details of the proposed .play equipment for the two tot lots.
d~ Trees that are located within Lot 29, Block 1, luust be relocated d.ue to the location of
a sewer trunk line within that lot. A 20-foot wide all weather access road must .be
constructed and centered on said sewer line. Fi.ve feet of landscaping shall still be
required on each side of the access road~
Submit three (3) copies of the revised landscape plan to the P&Z Department for review
and approval prior to City Engineer signature of the final plat.
11. The applicant has indicated that Settler's 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, a single-point connection to the culinary water system shall
be required. If a single-point connection is utilized, the develo.per shall be responsible for
the payment of assessments for the inigable common areas prior to signature on the final
plat by the Meridian City Engineer.
12. A permanent public pedestrian easement shall be created for the lots that contain the
multi-use patllway, and recorded prior to issuance of any buildin.g permits within the
subdivision. The easement and/or right-of-way shall be sufficient width to cover the 10-
foot wide :pathway show.n. The l1ard surfaced pathway shall be constructed and fully
FP-OS-028
Exhibit "A"
saguaro Canyon Sub2 FP..doc
(.
(
Mayor & City Cou.ncil
Hearing Date: May 3,2005
Page 4
improved prior to the issuance of the first Certificate of Occupal1cy for any building
within this phase of the subdivision~
Applicant shall work with the City Parks Dept. and conform to the Park's Dept standards
for construction of the pathway. T.he Homeowner's Association is responsible for
maintenance of all landscaping adjacent to the pathway~ (no note necessary on plat)
13. All irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting,
crossing or lying adjacent and contiguous to tIle 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
ap.proval or non-approval submitted to the Public Works Department. If lateral users
association ap.proval can't be obtained, alternative plans shall be reviewed and ap.proved
by the Meridian City Engineer prior to final plat signature~
14. :Lot 55, Block 2; and Lot 6, Block 14 contain irrigation and ACHD drainage facilities
occupying the same area. Each has asked for any other facility in the easement area to .be
subservient to them. The applicant shall coordinate with ACHD and Settlers Irrigation
District for the co-use of the easement area to alleviate any conflict.
15. The 20-ft wide secondary emergency access road to Meridian Road that is proposed on
the plans submitted 5-3-05, m.ust be approved by the Fire Department prior to signature
on the final plat by the City Engineer.
16. Coordinate with ACHD and Settler's Inigation for any trees located within drainage
areas or over storm lines. If any trees must be removed, they must be relocated within this
phase~
17. Applicant shall .be required to pay Public Works development plan review, and
construction inspection fees, as determined durin.g tile plan review :process, prior to
signature on the final plat per Resolution 02-374~
18. Water service to this site is being proposed via an extension of water mains located at
Saguaro Canyon #1. The applicant shall construct water .mains to and tlrrougll this
proposed development~ Coordinate size and routing with Public Works~ Applicant shall
execute City of Meridian standard forms of easements, for any mains that are required to
provide service.
19. Sanitary sewer service to this site shall be via main line extensions from the North Slough
Trunk that is currently under construction by the City of Meridian. The applicant will be
responsible for co.nstructing the lateral sewer to and through this proposed d.evelopm.ent,
thereby making them available to adjacent .properties. T.he subdivision designer is
responsible for coordinating main sizing and routing with the Public Works Department.
Tllis .proposed develo.pment is currently not serviceable by the City of Meridian's sanitary
sewer system~ Proceeding through the approval process is strictly the risk of the
FP....QS..028
Exhibit i.~A';
saguaro canyon Sub2 FPodoc
(
Mayor & City Council
Hearing Date: May 3, 2005
Page 5
applicant The City of Meridian does not guarantee sewer servIce within the
developluent tilue fralnes outlined in Meridian City Ordinance.
20. The applicant shall coordinate with ACHD to provide either painted or other pedestrian
crosswalks at the intersections where the regional pathway crosses Red Horse Way and
E. Joshua Tree S t
21. Ap.plicant shall submit a "FINAL" street nalne approval letter from the Ada County
Street Name COffilnittee prior to signature on the final .plat by the Meridian City
Engineer.
22. Staffs failure to cite specific ordinance prOVISIons, or terms of th.e approved
Development Agreement, Co.nditio.nal Use Permit, or Preliminary Plat does not relieve
the Applicant of responsibility for cOffi.pliance.
GENERAL REQUIREMENTS
1. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, .being the equivalent number of caliper inches of trees tllat
were relTIoved. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
2. Street signs are to be in place, water system shall be ~pproved and activated, fen.cing s.hall
be installed, drainage lots constructed, road. base shall be approved by the Ada Cou.nty
Highway District, and the Final Plat for this subdivision shall be recorded, prior to
applying for build.ing permits.
3. A letter of credit or cash surety in the amount of 11 0% will be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the final :plat
4. All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
5. All grading of the site shall.be performed in conformance with. MCC 11-12-3H.
6. It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
7. Applicant shall be responsible for application and compliance with any NPDES
Permitting that may be required by the Environmental Protection Agency.
8~ Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
FP-OS-028
Exhibit "A"
saguaro canyon Sub2 F.Podoc
....... .
,
(
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Mayor & City Council
Hearing Date: May 3, 2005
Page 6
9~ Applicant shall submit all updated groun.dwater/soils monitoring data to the Public Works
Departme.11t for review ~ Any drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during IOO-year storm events, and for a period. of
time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1 ~ Any
portion of a drainage area not improved with sod/grass seed (or otller approved
landscaping) shall not count towards the required open space area~ The .project engineer
sllould pay close attention to the results of field studies determining the groundwater, soil
type & and characteristics during the design and construction phases~ The engineer shall
be required. to certify that the street centerline elevations are set a minimum of 3-feet
above the higllest established normal ground.water elevatio.n~ Tllis is to ensure that the
bottom elevation of the crawl spaces ofllomes is at least I-foot above.
1 O~ 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. Two-hundred-fifty watt & 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 detennined after .power designs are
completed by Idaho Power Company. The street light contractor shall obtain design and
pennit from the Public Works Department prior commencing installations.
12. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit ato.p fill material.
13. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finisl1 centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
14. Coordinate fire hydrant placement with the City of Meridian Public Works Departtn.ent.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
STAFF RECOMMENDATION
Staffrecommends approval of the final plat with the above stated comments and conditions~
FP-05-028
Exhib it "A"
saguaro canyon Sub2 FP.doc
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May 9J 2005
Mayor and City Council
City of Meridian
33 East Idaho Avenue
1\.1eridian, ID 83642
City of 1\1eridian
':Hy e'er!: 0 ff!( t
Re~
Saguaro Canyon Subdivision No.2 Final Plat (File No. FP 05-028)
Dear Mayor and Council:
The following is in response to staffs comlnents.
APPLICATION SU1vIMARY & LOCATION
SITE SPECIFIC REQUIREMENTS
l. The Applicant will comply with terms of approvaJs.
2. ~rhe Applicant will comply with fencing requirements
3. The final plat \vill-be revised in accordance with staffcomments.
4. The final plat will be revised in accordance with staff comments.
5. 1'he final plat wilJ be revised in accordance with staff comments.
6. The final plat will be revised in accordance with staff comments.
7. The final plat will be revised in accordance \vith staff comments.
8. The final plat wilJ be revised in accordance \vith staff comments.
9. I'he final plat will be revised i.n accordance ,vith staff comments.
10. The landscape plan shall be revised per staff comments.
11. The Applicant will comply \vith pressurized irrigation requirements.
12. The Applicant will cOJnply.
13. The Applicant will comply.
] 4. The Applicant will cOlnply.
/ It ,~-. I ~"" ~/)Itt J.~~(It~/1 _t f*/,.~;. ' fi(~ /f )~)
<,no,:u' .(Jilohn ~\~l;11 (:hJ~l/ "MH~-Olt~'9 .:j:(t,J" (~)I}I'I..t;n~~}OJI
f1A'tk 03 ; 05 20: 31
[ .. \ Jl1 t~] 1 '.1 ~ .,
208 376 2041
PAGE. 02
(.. .
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Mayor and City Council
May 9, 2005
Page 2
15. The Applicant win comply.
] 6. The Applicant win conlply.
17. The Applicant will pay all app] icable fees prior to signature on the final plat.
18. Agreed
19. Agreed
20+ The Applicant will comply.
21. The Applicant will cOlnply.
22. Noted
GE:\TERAL REQUIREMENTS
I. The Applicant agrees with all general requirements. (No 1-15)
We believe 1his letter addresses a.Il of your concerns. Please feel free to call me if you have
additional COlnments or questions.
Sincerely) G-r.--:"-':
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v.. t.U~-
Justin artin
cc: Briggs Engineering Inc.
~i
t"lAY 89 '05 20: 31
r \jl~l~jl '" ~h
208 376 2041
FAGE~03
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BRIGGS ENGINEERlNG~ Inc.
ENGI~ IPLANlERS/SURVEYORS
1800 West Overland Road
Bojse~ Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
bent@briggs~en gineering. com
WYNI~ brig gSMen gineering. com
May 3, 2005
.Mr.. Joe Silva
Deputy Fire Chief
City of Meridian
540 E. Franklin Road
Meridian, ID 83642
Re: Saguaro Canyon Subdivision Noz 2
Dear Mr.. Silva:
Thank you for taking the time to meet with me last week in regards to the subdivision project referenced
above. The following items are enclosed for your review and approval:
· Plan for an emergency fire access road from Meridian Road to the proposed development.
· Detail showing propos~d cul-de-sac design to be utilized in Saguaro Canyon No.2.
We hereby request written approval of both the frre access and cul-de-sac design. If you have questions
or need any additional information, please call me at 344-9700.
Sincerely,
BRIGGS ENGINEERING, Inc4
Ben Thomas, P. E.
Project Manager
Cc:
M&rty Goldsmith~ J~stin Martin w/attachments - Farwest, .LLC
Sonya Allen w/attachments - City of Meridian
Project File #41 006
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF RICHARD
HANDKE FOR MISCELLANEOUS
APPROVAL TO TEMPORARIL Y
OPERATE A FRUIT AND
V.EGT ABLE STAND AND A
FIREWORKS STAND IN A C-G
ZONE LOCATED AT 97 MAIN
STREET.
C/C May 10,2005
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. MI-05-003
ORDER OF CONDITIONAL
APP.ROV AL OF MISCELLANEOUS
APPLICA TION
This matter coming before the City Council for Miscellaneous A:pplication approval
pursuant to Meridian City Code g 12-3- I ~ B for Iniscellaneous approval for Richard Handke, and the
Council finding that the Admin.istrative Review is complete from Josepll Guenther, Associate City
Planner, for the Planning and Zoning Department, dated: Hearing Date: May 1 0, 2005 to the Mayor
an.d Council, the council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The subject application by Richard Handke, is approved subject to those
conditio.us of Staff com.ments as set forth in the .memorandUlTI to the Mayor
and City Council, from Joseph Gue.ntl1er, Associate City Planner, for the
ORDER OF CONDITIONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO
TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A C-G ZONE BY RICHARD
HANDKE (MI-OS-003)
page 1 of3
Pla1U1ing and Zoning DepartInent, dated: Hearing Date: May 1 0, 2005 listing
12 Conditions of Approval, a true and COITect of which is attached .hereto
marked Exhibit "A", and consisting of 5 pages, and by this reference
incorporated herein, and tIle cOlnments from the Meridian Fire De.partment, a
true and correct copy of which is attached hereto Inarked Exhibit "B", and
consisting of 1 page, and by this reference incorporated herein, and the
additional requireme.nts from the action. of the Council taken at their May 10,
2005 Ineeting as follows, to-wit;
1.1 Adopt the action of the Council taken at their May 10,
2005 meeting:
The approved hours of operation as stated: 1 0:00 am
to 7 :00 pm, Monday through Saturday and 11 :00 am
to 5:00 pm on Sunday. TIle temporary use is approved
thrOUgll November 1, 2005~
2~ The Record of Survey (ROS) upon which there is contained the certificate
and signature of tIle City Engineer verifying that the drawing meets the City's
requirelnents sIlall be signed only at su.ch time as:
1. The ROS dimensions are approved. by the City Engineer and;
2. TIle City Engineer has verified tl1at all off-site improvements are
completed and/or the appro.priate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
ORDER OF CO.NDITIONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO
TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A C-G ZONE BY RICHARD
HANDKE (MI-OS-003)
page 2 of3
(-...
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the OWllerlnay
request a regulatory taking analysis. S.uch 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 tilne period. within which a Petition. for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of
.Meridian, pursuant to Idaho Code ~ 67 -6521. An affected person. being a person who has an interest
in real property which may be adversely affected .by tllis decision may, witllin 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 tIle
i O.f\-
day
of Iv\ ~
, 2005.
By:,
~._ _\\G\~
Dated: LD - \ 3 -05
ORDER OF CONDITIONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO
TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A C-G ZONE BY RICHARD
HANDKE (MI-OS-003)
page 3 of3
c..:...:. .
ADA COUNTY RECORDr~."........; DAVID NAVARRO
BOISE IDAHO 05/26/05\..~..~ .L9 PM
DEPUTY Neava Haney 1111111111111111111111111111111111111
REC.O~DED. - REQUEST OF 10506 7163
Meridian City
AMOUNT .00
5
CITY OF MERIDIAN ORDINANCE NO.
tJ~'-115~
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE (AZ-05-006 ZEBULON HEIGHTS SUBDIVISION NO.2) FOR
PROPERTY LOCATED IN THE NORTHEAST ~ OF SECTION 32, TOWNSHIP
4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY,
IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN
LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND
ADJACENT ANn CONTIGUOUS TO THE CORPORATE LIMITS OF THE
CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;
ESTAB,LISHING AND DETERMINING THE LAND USE ZONING
CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4
(MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT
COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY
ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX
COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A
SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF
THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That-the following described land as evidenced by attached Legal
Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the
City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation and re-zoning by the owner of said property, to-wit.~ Traditions by Amyx IL LLP
SECTION 2. That the above-described real property is hereby annexed and re-zoned
from RUT (Ada County) to R-4 (Medium Density) in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and
the Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to
the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone
said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area ma.ps as
well as the official zoning maps, and all official maps depicting the boundaries and the zoning
districts of the City of Meridian in accordance with this ordinance.
ANNEXATION O.F AZ-05-006 ZEBULON HEIGHTS SUBDIVISION NO.2 - page 1 Of 3
(.:.......:/
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
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in
a draftsman manner, including the lands herein rezoned, 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 a.nd map with the State Tax
Commission of the State of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication~
PASSED BY THE-CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
/ () Ii day of /J2
, 2005.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
If}-f~ day of /114
, 2005.
I ~ ~. ____.h J.o -1........-............ -.................................... ~...............----.........
ATTEST:
ANNEXATION O.F AZ-05w006 ZE.BULON HEIGH.TS SUBDIVISION NO" 2 - page 2 Of 3
(!
(
STATE OF IDAHO, )
) ss.
County of Ada )
Notary Public in and for said State, personally a peared TAMMY de WEERD and W~LIAM G.
BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
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ANNEXATION OF A~05..006 ZEBULON HEIGHTS SUBDIVISION NO.2 - page 3 of3
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EXHIBIT A
Zebulon Heights Subdivision No.2
AZ-05-006
Legal Description (3 pages)
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PrfJecI "'D. 04- 162.00
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lbviNd J1lltU11IY2S" .20U5
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ANH2.XATJON DIf$CIttPnoN
A'p.IfMJ ".t JaJ:ttlIOC'...d ill dJc Narlhtldt V. ot!kclion 32, 1'-4N'J1 It IE., B.M._
.w, c.nlya lItho. bIrD ~ deta1"be(1 a 1OlIownI= aEcI.NNL"VG '&I t.ft.=, ~
COrDW CGII1alOQ to SecElan .29 ad Ibt :lmd S=.ion J~ fiom. -ltiGb dz Noribaae tOl"a.e:' t)r
~ SfAiaa 32 beef Nartb B-$4.- 46*" Eul: 2'15.M foeta
11sa.:.~ ."54'415" Bait.. 66lw91 fNt to OIcNMIbeu! COntei' of the NW "q(
ti of 01. NE Y..; .
'1lwIIce Ai.. the S...1kto of Hid NW }i.9flbc NW ,.. orlllc NB ~.Sotnn
2'11" W_ &slA9 feet CO IlMr SouihwM ClDllltV" arlho Nae1heut % ~r,he Nqribw~
Ihc HOJtIJBut y~
T'hraCe NotIh ars? 33"" Baah &4.1:) (eet ~o the Sauc.bRR ~Dft1er of_ ''Nom1eu:l
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Coipdy. fdlho:
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,,"1mb, ....saasa. i. NCDrdad ip. Bock n of l'bitI.t Pip 10J2J1 ~ecord& ~.... Ad.t
v. le1abo, So\1lb tJa.-3 J '1Xr' Wear. 6&.oJ fbd 10 1ft NCIIIheMt. 1/16 UortLQ' of &.utf
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(
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Bonito Subdivision #3 a re-su.bdivision of Lots 4 and 5 of BlocI< 1 of :Bonito
Subdivision for eight (8) commercial lots and one (1) commO.D lot by Dave Evans
Construction.
Case No(s). PP-05-010
For the City Council Hearing Date of: May 1 0, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks .prior to
the City Council public l1earin.g, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property~ The notice of public hearing before tIle
City Council was posted upon the property under COllsideration more than one week
before said hearing. All other noticing was don.e consistent WitIl Idaho Code ~67-
6509 .
The matter was duly considered by tIle City Coun.cil at the May 10, 2005, public
hearing(s). The applicant, affected property owners, and govenunent subdivisions
providing services within tIle planning jurisdiction of tIle City of Men.dial1 were
givel1 full opportunity to express comments and submit evidence.
b. Written and oral testilTIOl1Y was received on this matter, as reflected in the records
of the City Clerk (for written testilTIOny) and in the official meeting Ininutes (for
oral tes tilTI OIlY) ~
c. The Planning and. Zoning Commission conducted a public hearing on April 7, 2005
and issued a written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and tIle record in this nlatter.
2. Process Facts
a. There has bee.n. compliance with all notice and hearing requireln.ents set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code S~ 11-] 5-5 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. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D DECISIO.N & ORDER
CASE NO(S). PP-05~010 - PAGE I of4
(. .
(~.......
a. III additiol1 to the application and :property facts noted. in the staff repolt and tIle
Plamlillg & Z011ing Recomlnendation for tIle subject ap.plicatio.n(s), it is l1ereby
verified that tIle property oWl1er(s) of record at the time of issuance of these
findings are Kimball Properties, W. H. Moore General Partner.
4. Required Findings per ZOlling and Subdivision Ordinance
a~ See Exllibit C for the findings required for Prelilninary Plat.
B. Conclusions of Law
1. The City of Meridiall sIlall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-
6503).
2. The Meridian City COUI1Cil 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 The City of Meridian has, by ordinance, established the
Impact Area and the Alnended Comprellensive Plan of the City of Meridian, wl1.ich was
adopted August 6,2002, Resolutiol1 No~ 02-382 and Maps.
3. T.he conditions s11all.be reviewable by the City Council pursuant to Meridial1 City Code
S 11-17-9.
4. Due consideratioll has been given to the com.ment(s) received from the governmental
subdivisions providing services in the City of Meridian plalIDing jurisdiction~
5~ It is found public facilities and services required by the .proposed development will not
impose expense upon th.e public if the attached conditions of approval are imposed.
6. T.hat tIle City has granted an order of approval in accordance with this Decisio.n, which
shall be signed by the Mayor and City Clerl( and then a copy served .by tIle Clerk upon
the applicant, the Planning and Zoning Departlnent, the Public Works Department and
any affected party requesting notice~
7. That this approval is subject to the Legal Description in Exl1ibit A, the Prelilninary Plat
dated February 11, 2005 as shown in. Exhibit B and the Conditions of Approval in
Exhibit c~ The conditions are concluded to be reasonable and the ap.plicant sIla!1 meet
su.ch requirements as a condition of approval of the application~
c. Decision and. Order
Pursuant to the City Council's authority as :provided in. Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact wl1ich are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Prelim..inary Plat
dated February 11,2005 is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). pp-os-o I 0 - P AG E 2 Of 4
(.
2. The site specific al1d standard conditions of approval are as ShOWl1 in Exhibit C.
D. Notice of Applicable Tilne Limits
1. Notice of Twelve (12) MOl1th Prelilninary Plat Duration
Please ta.ke notice that after the date of approval of the preliminary plat, the ow.n.er or
developer sllall have one year within whicll to file the request for ap.proval of the final
:plat~ After approval of final plat, the owo.er or developer shall have one year to begin
construction of tIle public utilities and one year thereafter to complete construction of
tllose public facilities~ (MCC 12-2-4~B & C.)
E. Notice of Final Actio!l and Rigllt to Regulatory Takings Analysis
1. The Applicant is hereby notified tllat .pursuant to Idaho Code 67-8003, the Owner Inay
request a regulatory taking analysis. Such requ.est must .be in writing, and must be filed
witll the City Clerk not lTIOre than twenty-eight (28) days after the fi.nal decision
concerning the matter at issue~ A request for a regulatory ta.kings analysis will toll the
tilne period within whic.h a Petition for Judicial Review :may be filed.
2~ Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67 -6521 an affected person being a person who .has
an interest in real property Wl1ich Inay be adversely affected by the issuance or dellial of
tIle conditional use pennit 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.
F . Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Prelilninary Plat
Exhibit C: Preliminary Plat Findings
Exhibit D: Final Conditiol1S of Approval
By action of the City Council at its regular Ineeting held o.n. the
, 2005.
lOth
day of
COUNCIL MEMBER SHAUN. WARDLE
VOTED If-1L
COUNCIL MEMBER CHRISTINE DONNELL
VOTED Ah,~~~
CITY OF MERIDIAN FIN.DlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). pp-os-o 1 0 - PAGE 3 Of 4
(
COUNCIL MEMBER CHA.RLIE ROUNTREE
VOTED \f (lL,.
COUNCIL MEMBER I(EITH BIRD
VOTED I ~ Ok
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
,~.
Mayor T,~!l1 e
4~!lli\mv{.l.t~W2 .. ~~.' uJift">:\{.
.A~'(!~ ~a U~..- w~.i;t~y~..
.! ifjD ., .~ ~ '" ~ - . ~-~ '~~; ~. ~ ~S!.1.
.4p" ~~. .. . .tMnAb:~.~ ~ :;1L
tN' . ~~tffl".'\J:r~~. -..(F '.i1~~
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f' ./ ~ .~. > ~'-
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1;\ . .,. . .... f~~%, ft, -. ... sr..,;l~.
.~ ~:>>..~ . ~W' ~~..
Co.py served upon Applicant, The Plal\~lg.a~-d_o~J~g%Department, Public Works Departlnent
.if:?~*'~mi~}f_{fj~i.~
and City Attorney.
Attest
By:
City Clerk
Dated: LD -6 --05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC.ISION & ORDER
CASE NOeS). PP-OS-O.I 0 - .PAGE 4 Of 4
EXHIBIT A
f ~ [) (l2 05 0 4 : 0 ~ p
Bonito Subdivison #3
PP-05-010
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2~ ~ ,.323 ^ 7523
p.3
11(}ORE C fJ
G~~iPn!i Pt.:t~ ~.ey ~ l P
~'77 Norlt; 6'~' 3~r~et. Swle- 200
801:iQ:. ~:\ ?.3 7 (J2
A~fn D<Jv~ fJ.~ l cr~lbord~
lOO! DE. f 2 PM 4: lJ7
RECORDEO~REOUEsro~
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~......
10113J110
V...h-?;1 R(J~>jfJ~J'] PI~ase Retum to
t 0~. ~;.l:.~~.:{,~~~!~:?RH:.n
,\1LEONc.
f-\{;Ud!:ljl.. 5 T 1t{.E~
GMt\! T DE EO
F (jR V4lUE .~ECEIVEO, James F Gnffln. a ~rngl(: man (Grantor) .....'h0::l~ addres!:- r5 7)5
\J(J1:.~ ~f}' S~(8C~. Botse, fCJ 53702, does f'";~reby GPA~H, BARGAIN, SELL 3t"1f; COr':VEY .Jn~)
VU~'8.~ L ;,. PP.O~ERT1F S lIMlTED PART NERSrlJP, an Ija~.~ ;jWited partnership ~'''''Grantee~J. ....AIO::;~
.)j(fress ~\ ;., (,) 20;>-,: 8204. 3o~ie, Idaho a~ 707. lhe real pm;H~r.y m Ada CtlUnl~" S1at~ :lfJ:tano rrore
p.Jrtlf~..'Jr<;Hly '.it!,Nioe.j on E.:IlJv~i1 ~ attachelj rC;eto ~nd ma,jol! iJ Dan hefe~f f'Prcp~!1y..)
C~t ;:t[V~..v f~('H]b}' covenants 10 and v.....llh Gran1e~ ,and G'an1ee~s he~rs, successors. and aS5!gn:i.
n-,a~ f.~~rar.tm ~;, td'-tJufJy setzgd in fee simple :Jf ~he ProPci,f, Subject only to the m3n~r~ described 0"
~1..~. fi. ,l~to,:h~d herc1c ~nd rna:le a prm t'I>Jt€' of
TO !-fA liE AND TO HOLD, ~he Proo~rty wtth Hs appunenancE's. togethBr \vith any and .=ur
wat~, nght.fl. Of ~n~Hbments to rece.....e wate: f.:>r beneficjal use upon the- Property, jnc:udmg. but nol
tUTded 10 C!1Ch 8r canal company shar9-s, and dtter n9h~s assOCfated with any :nigatiofl or water
d'e-h cry dlt ~h :::; 1t:.af. h.ll e:- ar or pipeline, unh 111 e Grantee, ,;)0(1 Grantee '!;; heirs I!Ind a s.slgn~ forl?\I'!:'r
AWJ H)~ ~'f.f.J G~";.10tQ" hereby uinds him~-elf ilnd ht'S suc.:essCf5 l,) warrant and (jl~ieryd fhe h~!~ ;~
<1J3J,"'lS~ an J1,:L ;l the Granlcr herem and n~! other, ~ubp:1 t> the. maUer:; S~t f(lor, fIe-rem
rfl
(\1~(;< :on<:;.::IHie [t""!e ~ day of Oe,;;.ynber. 2UO t
G.~A~ t~TOP
GM.~JT DEE I ~ ~
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STATE or fD.4HCI )
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On thjs ~ cay of December. 200~ ~ before me. A Nctary PUbttc in iI'1d (or the Stare of
Idaho. PcrsOJ1iltj'l appear~d JAMEs F GR~F"Fn{ known or jdF?nt~fied ~o me fe be the perso'1 wh:l-~e
nome 1$ '.'H..ltsC'Mbed to 'he \VJthin Instrument and aCknOWledged to me th.a~ he executed the sarn-::
: t-J \f/J~j'.lESS lJVHEREOF. j have- h~reunfo set my na,d ~nd aJfixf!d my official seaJ the day
and' Y"?-31 fh:-;;:1 ;I bjvE,' wiU en.
GRANtOEEO:2
<; <::uz. ',"1 ~'-~ I ~',);:'r. ~ ~, r_'tr." ~~-&~, ~y.. t>;M!<t." ". ~1 "11 ~
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Notary Pubh: f:y. idaho
Residing a~ &f5C ~
My commission exp~ ~
....... ....... ........ .:...:....:. ................ .......:.. ....... :............-:...:-:....:....:--:....-.
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Feb 02 05 D~:05p
I MOORE CO
2
"'323"7523
p.6
Pf-\J<.CEl. I
A pared of Ia.nd located I n the l\(1rlnCdst Quartcr and SoutheaSi QU::Ir1cr of Sec.\lon 20,
rov~"n5hlp .3 Nr'ljrh. Range [ Ei1s~c Bt)L~t. ~\lcridi.1.n. Ada County~ IdahO'. lhe ~<lme b,:,ing
dzpictc.d :)n R!:~{}rd of Sur~.c.y N(I )447 recorded July 2~ 2001 as hHtrumenr No
101065042, Records of /\da ('\')lIn(y., Id1ho. mQre partlcuJarly dc-scnbed .15 folhn.....;
('nrn.rn~n(~ng lit tl1C NUT[heJ,5t ~:{"!rner 0[ ~jtJ SeTtlor 20~ of Whll~h the :)uutheasr Cnncr of
said North~J5t Quar~er bears SOti!h (iO.~ J 4' 4:~.< Vi CSL 265 I 89 [eel. ~hetn;(' a:k.ng fhe
North~ r1 y line i,) f $,] id f-J vnh ea}j.t QU.3r';:f.
South 89~; 4(;' I W' \V csr. ! 328. ;1] feet (0, tilt" porNl or BECtl1\..;"'Hr.JG and the ~~:orth West
lorn~r of [he E~hl ~./~ af [h~ NOr(h~JS~ Quark; of sJ.ld SectIon 20,. thence dl"HJg the
\V csterly hne of s~ud. East ~/;r.
South OO~ 19' 52" \Ve~t. 5S 00 fcet, th..::-nLe .1kmg a line paraUel tNit3 .and 5~. Of) ft::~t
southerly of said Northerly ]Jnc of ScClOn 20.
North 8(}~ 46' 18" East J 273 49 feef to.1 point 55 00 feet \Vest~d, of The FaMed}' hne of
said Northeast Quarter. th~nce ah'mf"~ ,~ lme 55.00 feet \Ves!crJy of ann ~~4~H~] \t.jrn said
Easter Iy l:flC 1
South OfP 14' 4.)" "VC$t~ 594 6n feet, ih~nc~
N\lrtl~ $9Q 50" Oft;. East~ 55 on fcet t(~ d pomr on the Basted)" hnc of \:lld Nurthca.s:t
QUlrtcC thence ~tlOllg. s,lid hnL
Soutll OO~ 141 45'~ \Ve5l~ 2002.("7 fCC11(l th~ SO~.Hheast Cont~r of ;}~"Hd North~as[ C)uarter,
thence along the Ea:>h;.r]y hne (If tlH: Southr:aq Qu,1rtcr of ~~~l!d SCc.~l'.)n 20
So uili 00:'- OOt 0 1'. \ Vest. 1 96 1 9" feet. the-iF l:
North Gsa 2rr (}(t' \Vest 16< 90 f~er to the ~<l)r!hea'it co;rwr of Lot 34. Block 4. -n,(] hnusand
Sp:--mgs SllbdlVElon No 1 a:;; sho\\'o on rhe offid ;-d piat thereof H:C(lfded lr! Ocp)k 7~~ a.t
P3gCS 8248 through 8249. Ada Count;.. R~t.ords< th~ncc along rh-: N("I;1tl~r!y boundary of
sliid SubJlvl510n ~hc foJJow~ng C(l-Jr!'j0;"~
NorL;. (~8';' 20' 09" Vl cst'" )y J S ft'e~ EO tbe bceinumg of a tangl:n~ cur..:;, [henc~
Along sard curve 10 'he left ha\.'ing d radJUs of 250.00 fe(:(, an -'1.H: length of 222 3 ~ icet, a
central ang.1e of 5.00 '57' IS". ..lud a chord be.:uing and distance ofSou~b 86~ J {, 12" \Vest~
21.5 .OS feet; thence langent frorn 5-J;itl curve
South 60~ 41.' 33" \Vcst.. 121 50 feet \0 the bqpMlOg of d tangent cur\'c. th~nt:e
Along sauj eUn', ~o dle !en having a raJ]~$ of20{).(u fee{~ an ar, kngEJI of I 16.45 feet, a
ccn~ral angle of J3'~ "2 P 36", and it chord beanng and distance o-fSouth 7rJ 2}- 21 ,- \Vest.
114 S J ft:C"L llict1>....t: ungenr from ~JzJ curve
North 85'~ S~. 51" \Vc:s:t. 561. i] f~et (0 t.he \\.'esh:r'-} llOc oftb-::: Eo.lZt V~ <;)( the SOt:rnedst
Quarter of SJ.id S~::I~on 20~ thence kd\'ln;: s"J.J(J SubdJvis100 hac. along said \V~~51edy hn~
North 00'-. J l' 1(\" EJ~(J l ] 8-H3 fi:t:i ((I lh~ SOtUhwe.j( corner of tht: East ~/l of ~h~ Northca~1
Q~.~J.rtcr of said SectF:~n 20; thence alon~ ~ht' S;-Hlthcrly hrlc of {h~ V/ e~~ ~j~ (I f Ule
Nonhea;;;t Qu~}rL:r
Suuth R90 54' 4.1'. \Vc::.t, 8d.07 feet, Hl'.::nc~ le~t:!Og S31d Imt:
N~n1h 01 ~ ~2' 52.'. EJ1~t 2649 75 (cellI) th~ Northcdy fine of the Nt)llbc..1Sf Qu:u'~t'r o~. ~i.Hd
SectilJn 2n~ thew.:::: alcng sJ.zd ~int'
North 89.) 46' 1 7" Ea.~t 20. I (I feet to the F'OIN r OF BEG IrIN INC
. .' . . .... ....... ... ....~... ....::~..d .:.:.:.:..... . . .........:. : .....:d.. ......~;.:~.... .... ..... .... .. . ..... . ." :....~::~:.:.:;;::..:::.: ':.. ........... .....: :....... ..... ....:...:.: .~.. .....~: ':":;::' :...~::~:: ~:..:..:.::: ::.:::: :::.~'~:';:': :":.~'''~~':'''''':''''~~':~:':'''--':''''"-,:.~~. ':. ..... ":.:::'.:::::~:
Fpb 0:2 05 04:05p
t100RE CO
2" . 323 ~ 7523
p.7
[.i f\I{ (~1:: I 2
A parcel of land located Ul lh,.; SmHh\-',.n! Qu:;..-ter of Section 1.3. [t)'......n~lllr 1 North,
R<1ngt. i \VC's.t._ Bnise t",k-n-l.h.::!.O, Ada County. Idaho, the ~am~ oemg depicted on Re.cord
of Survey Nc.. 5446 rc(.or(h'~d Jlll~~.. :< 2!)F)} ns In~lrumcnt No. 101065643. Re(nrd~ (If Ada
C~ J\lnty, r dah~)t n10re [)ar1 jC~Jl ar 1 Y' dt":)( r~ be d as foIl ~!~.\i~ ~.~
B~ gLnJung ill the N0i1.hwes~ t-nrner of <;iHU Southwest QU~lr1Cr _ of WhH:h fhe Sourh.,"'cm
~.orner (If sJ.id SO.: 11 h.....c-st QUJ.rter bC-1b '-:outh ur.. 00' 26'\ E"'lSL 26) 1 15 kt:t. th-:::-nct ai~.mg
the Norttwrly hnc (If SfH~ ~h'~\ (~:;:f (harlt7 and the Soufherly 3owlJar-y hnt; 0 f I h;,: L~,dmG
Subj~qSl0n No "/ > a:. ShO\,l,li ;):n ~hc .)t"fiuJ.I pt.~t thcrci,)f n:::;,;.of(h~d :n Bt...l;)~~ 6~:t. i.H Pag-e:\
}(JS 5 tllruugh 7(~~ t~ ~ Ad~} (..~~)~Jr1 ~ y ~.!..~ ~>(~ r~i.~ ~ 'h c, "~~
North ;-)9..;' 59' 4l" eaS!. 1 ~2(~S~ fG<~t to ~11'~-" [\;o~he;L~r -:onler of tht" NOEnwf;.5.:1 t~u.H1{~r ,"}t
SJJd SOli th\\~c st (~~J ilt1 er, ,1 Jcnc~:
Suuth oor. 01" .:If)'" East. 132& l6 kd to :..'rJ~ Nf~~hcrl'r" right-of.way Ime of hltec;tah:,
H~gh\'.iay No $;:1 <lS shown l)n h:.dcr~i Aid rro.ltt~ No r~SON, 1 (12:.. '\7 on :ik ;H the
offlce.~ uf tht' ld(illl..~ lranSpOrl.<1fI<)n D~dJ1111ent. H(lt.<je, Jd;1ho~ rhence ah}ng s:ud right-,~'f.
\\~a y II flt:
NOlth 89Cl 5]' ,:\'. \V~st 132'? ~2 i~~.d h) the We:;terly line of HId Sf.)tHh"v~:;( QiLU1er;
tl"lcflCt; J IOllt; salt} \~/ ester j}: !ll~e
N(}rth OW' 00' 26'. \VC5l. 1 >2 ~ 70 fed r(l th~ POfNT OF DI-Glt.lNING
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EXHIBIT B
Bonito Subdivision #3
PP-OS-OIO
Approved Site P~an , _~ .~ ~J 1 ~ ~ ,.,., '~.~ ~ ~ I'UJ"'";'3 ~~
~._~, -,..<_.. ~ i,jj n i) t~~!a h;{ {':l f;lt h ->h H~ <;}t {tf htti;:~ h:
/<~.... ~ .
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EXHIBIT C
Bonito Subdivision #3
PP-OS-OIO
Required Findings for Preliminary Plat
PRELIMINARY PLAT FINDINGS ANn REQUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining tIle acceptance of a
proposed subdivision, the COlTIlUission/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 that the current zoning designation is in general compliance with the
effective Comprehensive Plan ('02) and tIle Future Land Use Map, Wl1ich designates
the land to be "Mixed Use Regiol1al." The cOluprehensive plan also identifies a In.u.lti
use pathway connecting the site to adjacent properties witllin. the developmel1t. The
ap.plicant :has indicated on the preliminary plat an existing 15' pedestrian access
easement located on tIle Ridenbaugh Canal to be maintained by tIle owners
associ ati on.
Generally, the Mixed Use designation will pro.vide for a combination of compatible
land uses that are typically developed under a luaster or conceptual plan. The mixed
use plan was conceived ttnder CUP-OJ-037 as El Dorado Business Campus.
Sanlple Uses are listed. as e.ntertairunent, clean in.dustry, and major employers. The
uses of Office/Retail are similar to the sample uses listed on Page 98 Chapter VII oJ
the Meridian City Comprehensive Plan.
The proposed office/retail uses within the su.bdivision are permissible under the
excepted land use provisions of the MCC (12-6-3.) Therefore, Staff finds that the
proposed subdivision is in compliance with the COlnprehensive Plan
b. The availability of public services to accommodate the proposed
development;
Staff finds that this development will not cause excessive additional requirelnents at
public cost. The pro.perty has existing sewer and water stubs served adequately by all
essential public facilities and services through Bonito Subdivision # 1. Applicant shall
be required to extend water and sanitary sewer lnains to and through the proposed
development, thereby making thelll available to the adjacent properties.
c. The continuity of the proposed development with the capital improvement
program;
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Staff finds tllat the su.bdivision will not conflict Witll the capital ilnprovement plall.
Because the developer is installing sewer, water, utilities and ilTigation, the
subdivision will not require the expenditure of capital ituprovement funds.
d. The public financial capability of supporting services for the proposed
development;
Staff finds that the development will not require major expenditures for providing
su.pporting services. See itelTI b.
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 tllat should be brought to the Councilor
Commission's attention. ACHD considers road safety issues in th.eir analysis. No
hazardous natural features have been identified on tIle site.
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EXHIBIT D
Bonito Subdivision #3
.PP-05-010
Site Specific and Standard Comments
SPECIAL CONSIDERATIONS-PRELIMINARY PLAT
TIle applicant shall maintain compliance witll existing develo.pment agreelnent for the
preliminary plat EI Dorado Subdivision, PP-OI-002, CUP-OI-037 and all applicable
conditions of approval for the commercial lots in a :mixed use develop.ment.
Conditions added at City Council Meeting May lO~ 2005:
1. Any lighting shall be fully shielded with no light going above 15 degrees below
horizontal andz'
2. No globe style lighting and;
3. No street lights
PRELIMINARY / FINAL PLAT SITE SPECIFIC COMM.ENTS
1. Sanitary sewer service to this site will be frO.ffi service line extensions from
existing and proposed mains adjacent to th.e project Subdivision designer to
coordinate service sizing and routing witl1 tIle Public Works Department
Applicant s.halJ execute City of Meridian standard forms of easements, for any
mains that are required to provide service.
2. Water service to tl1is site will be from main line extensions from existing water
mains in Bonito Subdivision #1. The ap.plicant will be responsible to construct
water mains to and through this proposed development. Su.bdivision designer to
coordinate main sizing and routing with the Pu'blic Works Department. Applicant
shall execute City of Meridian standard fonns of easements, for any Inains that
are required to provide service~
3. Per MCC 12-13-10-4, maintain the existing 20-foot wide street buffer along
Copper Point Drive. All required street buffers shall be located beyond any future
right-of-way. Show easements for all required. buffers on the final plat The
Bonito or EI Dorado Business Owners Association shall maintain. all required
landscape buffers.
4. All landscape buffers sIlal] be constructed prior to the issuance of any Certificate
of Occupancy within the subdivision.
/d .
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5~ A perpetual vehicular cross access easement shall be provided to all lots within
tile subdivision~ Said cross access shall be depicted on the final plat for Bonito
Subdivision #3.
6. A detailed fencing and landscape plan, in compliance with MCC 12-13, s.hall be
submitted. witl1 the final plat application~
7 ~ Any tree over 4" in caliper that is removed from tIle property shall be replaced by
installing additional trees, being the equivalent nmnber of caliper inches of trees
that were removed, unless deemed Uilllecessary by the City Arbarist per
Ordinance 12-13-13. Required landscaping trees will not be consid.ered as
replacement trees for those trees that l1ave to be relnoved~ The applicant shall
su.bmit a tree removal/preservation plan at least 10 days prior to the City Council
hearing.
8~ Add the following plat note:
(12) The owner of each lot, across wl1ich passes an irrigation/drainage ditch or
pipe, is responsible for the mail1tenance tl1ereot: unless such responsibility
has been assulned. by an irrigation/drainage j"urisdiction.
9 · All internal landscaping shall be installed as depicted on approved landscape
plans for the in.dividuallots during tIle Certificate of Zoning Compliance process.
10. A permanent pedestrian easement, in favor of the City of Meridian, shall be
included on the face of tIle plat as d.epicted on the preliminary plat of El Dorado
Subdivision PP-OI-002 and CUP-OI-03?, adjacent to tIle south side of the Bonito
Subdivision #3 and .north of the Ridenbaugh Canal. Alternatively, a note shall .be
added to the final plat stating there is a deed restriction on .Lots 12, 17, 19, 20, and
21 of Block 1 that said lots are subject to a permanent pedestrian easement in
favor of the City of .Meridian~ Buildings are precluded from constructing within
this easement. The 1 0- foot wide hard surfaced pathway shall be constructed and
fully improved prior to the issuance of the first Occupancy Pennit for any
building.
11~ 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, a single-point
connection to tIle municipal water system shall be required. If a single-point
connection is utilized, the developer shall be res.ponsible for the payment of
assessments for the common areas prior to signature on the final plat by tIle
Meridian City Engineer~
c
PRELIMINARY PLAT GENERAL REQUIREMENTS
1. Sublnit letter from the Ada County Street NatTIe Committee, approving the
subdivision and street nalnes. Make any corrections necessary to conform.
2. Coord.inate fire hydrant .placement witll the City of Meridian Public Works
Departmen.t~
3 ~ Assessment fees for water and sewer service are determined d.uring the building
plan review process.
4. Two-llundred-fifty-watt, high-pressure sodium streetlights will be required at
locations designated. by the Public Works Department. All streetlights shall be
installed at subdivider's ex.pense. Typical locations are at street intersections
and/or fire hydrants.
5. Underground, year-round pressurized inigation must .be provided to all landscape
areas on site~ Please sublnit hook-up and design details based on the proposed
landscaping. Due to the size of landscaped area, primary water supply connection
to the City's mains will not be allowed. A.pplicant shall be required to utilize any
existing surface or well water for tIle priluary source.
6~ All inigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and co.ntiguous to the area being
su.bdivided shall he tiled per City Ordinance 12-4-13. T.he ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage jurisdiction, or lateral users association, with
written confirmation of said approval submitted to the Public Works Department.
7. Show all existing and proposed easements for irrigation/d.rainage facilities located
within the boundaries of this .proposed development.
8. Any existing domestic wells and/or septic systems witllin this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may .be used. for non-domestic purposes such as landscape irrigation.
9. Provide five-foot-wide sid.ewalks tllfough.out development in accordance with
City Ordinance~
10. All construction sllalI conform to the requirements of the Am.ericans with
Disabilities Act
FIRE DEPARTMENT CONDITIONS
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1. Acceptal1ce of tIle water supply for fire protection will be .by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2~ Final Approval of tIle fire hydrant locatiol1S 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 o.n
it
c~ Fire hydrant Inarkers shall .be provided per Public W arks spec~
d~ Locations with fire hydrants shall 11ave the curb painted red 10' to eacl1
side of the l1ydrant locatio.n.
e~ Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g~ Fire hydrants shall be place 18" above finish grade.
11. Fire l1ydrants shall be provid.ed to meet the requirements of the IFC
Section 509.5.
3. The phasing plan m.ay require that any roadway greater than 150' in length that is
not provided with an outlet s.hall be required to have an approved turn. around.
4. All entrance and internal roads shall .have a turning radius of 28' inside and 48'
outside radius.
5~ All Common driveways shall be straight or have a turning radius of28' inside and
48' outside an.d. shall have a clear driving surface which is 20' wide.
6~ Provide a 20' wide Fire Lane for all internal roadways all roadways shall .be
marked in accordance with Appendix D Section DI03.6 Signs.
7 · .Dead - end fire apparatus acces S fa ads in that are 500' - 7 5 0' in I e.ngth. The
roadways shall be built to Ada County Highway Stand.ards cross section
requirements and shall l1ave a clear driving surface, available at all times, which is
26' wide~ Streets with less t11ao a 35' street width shall have no parking~ Streets
with less than 39' shall have parkil1g only on one side. T.hese measurements shall
be based on the face of curb d.imension~ Special approval required over 750' IFC
Table D 1 03 .4.
8. Operational fire hydrants, temporary or permanent street signs and access roads witll
an all weather surface are required before combustible construction is brought on
si tee
9. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the pro.posed project Fire hydrants shall be
placed per Ap.pendix D.
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1 O~ The 5 office/cOlTIlnercial lots lot will l1ave an unknown transient population and will
11ave an unknown impact Q.n Meridian Fire D~partment call volulnes~ The Meridian
Fire Department has ex.perie.need 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.
11. Maintain a separation of 5' froIn the building to the dumpster enclosure.
12. Provide a Knoxbox entIy systeln for the cOlnplex prior to occupancy~
13. T.he application shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection(s).
14~ The Fire Dept. .has concerns a.bout tile ability to address the project and llave the
addresses visible froln the street which tIle project is addressed off of~ Please
contact Joe Silva (888-1234) to address this concern .prior to the :public hearing.
15.. All portions of the buildings located on this proj ect must be within 150' of a paved
surface as measured around tIle perimeter of the building.
16. Provide exterior egress lighting as required by the International Building & :Fire
Codes.
17. There shall be a fire hydrant witlrin 100' of all fire department co.nnecti.ons~
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Quenzer Commons Commercial Subdivision, Rezone from R-8 Medium
Density Residential with a Planned Develo.pment to C-N Ne.ighborhood Commercial
Case No(s). RZ-05-003
For the City Council Hearing Date of: May 10, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a .p.ublic hearing was published for two (2) consecutive weeks prior to
tIle City Council public hearing, tIle first publication appearing an.d written notice
mailed. to property OWllers or purchasers of record within three hundred feet (300')
of the external boundaries of the property.. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly COl1sidered by the City Council at the May 1 0, 2005, public
hearing(s). TIle applicant, affected property owners, and goverrunent subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and. submit evidence.
b~ Oral testimony was received on this :matter, as reflected in the records of the City
Clerk (for writtell testimony) and in tIle official meeting minutes (for oral
testimony).
c. The PlalUling and Zoning Commission conducted a public l1earing and issued a
written recommendation on. tIle subject .matter to the City Council.
d. The City Council l1eard. and took oral and written testimony and duly considered the
evidence and. the record in this matter.
2. Process Facts
a. There has been cOlnpliance with all notice and l1earing requirements set forth in
Idaho Code S67 -6509, 6512, and Meridian City Code ~~ 11-15-5 and 1.1-17 -5 as
evid.enced by the Affidavit of Mailing, and the Affidavit ofPu.blication and Proof of
Posting filed. witl1 the staff report
3. Application and Property Facts
CITY OF MERID.lAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).RZ-OS-003 - PAGE 10f4
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a. In addition. to tIle applicatiol1 and property facts noted in tIle staff report alld the
Planlling & Zoning Recomlnendation for the subject al)plication(s), it is l1ereby
verified that the property owner( s) of record at tIle titue of issuance of these
findings is Lal1dlnark Properties, LLC, David Turnbull managing Inelnber.
4. Required Findil1gs per Zoning and Su.bdivision Ordinance
a. See Exhibit C for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meri di all shall exercise the powers conferred upon it by tIle "Local Lan.d
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. g67-
6503).
2. TIle Mer.idian City Council takes judicial notice of its Zoning, Subdivision and
Developlnent Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning Inaps thereof. The City of Meridian has, by ordinance, established the
Ilnpact Area and the A.mended Comprehensive Plan of tIle City of.Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
34 The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4" Due consideration has been given to the comment(s) received from the govenunental
subdivisions providing services in tIle City of Meridian plalUling jurisdiction"
5. It is found public -facilities and services required .by tIle proposed developlnent will not
ilnpose expe.nse upon the public if the attached conditions of ap:proval are iln.posed.
6. Tllat the City has granted an order of approval in accordance with this Decision, which
shall.be signed by the .Mayor al1d 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.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
February 15,2005 as shown in Exllibit B and the Site Specific Comments in Exhibit D.
c. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
.based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1" The applicant's Rezone as evidenced by having submitted a record of survey is l1ereby
conditionally approved; and
C.ITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEe.ISfON & G.RDER
CASE NO(S). RZ-OS-003 - PAGE 2 Of 4
2. The site specific and standard conditions of ap.provaI are as shown in Exllibit C.
D. Notice of Final Action and Rigl1t to Regulatory Takings Analysis
1. The Applicant is hereby notified tllat pursuant to Idaho Code 67-8003, the Owner tuay
request a regulatory taking analysis. Such request m.ust be in writil1g, and IUUst be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
cOl1ceming the matter at issue. A request for a regulatory takings analysis will toll tIle
tilue period within which a Petition for Judicial Review may be filed.
29 Please take notice that this is a final action of the govenling body of tIle City of
Meridian, pursuant to Id.al1o Code S 67 -6521 an affected .person being a .person who has
an interest in real :property which .may be adversely affected by the issuance or denial of
tIle conditional use permit ap.proval 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~
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Rezo.ne Map
Exhibit c: Zonillg Findings
Exhibit D: Site Specific Comments
By action of the City Council at its regular meeting l1eld on the
, 2005.
/ {) -f~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTIN:E DONNELL
VOTED d6
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS.ION & O:RDER
CASE NO(S)+RZ-OS-003 - PAGE 3 Of 4
/
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Attest:
and City Attorney.
By:
City Clerk
Dated: 5-\ U ,.O~
C.ITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CAS.E NO(S).RZ-OS-003 - PAGE 4 of4
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EXHIBIT A
Quenzer Commons Commercial Rezone
RZ-05-003
. .. ... . .. .. ....L e g al .~ ~ ~v~ ~~ p t.~~.~.. .......... ..n ..n ....v,. ..',..,....,...v. .,.v................. ,. ..,. ,....,. ...,.,,'v '...' .....,." .....,',',..',.......'.... .,.. .,..,.,..,.... .....<,.."'.,~....~...v,."."...._.v~.,.,.V"..,J.'.n...".,v:,.;-~.",.w
Etlgineering North West, LLC
423 N. Ance..~tnr Placc~ Suice: 180 Boi.se. Id.::dm 83704
(208) 376.500Cl. Fax (20g) 37Ci~5556
Project No. 05~OO8-0 1
Dale: Pchruary 15 ~ 2005
QUENZER COMMONS COMMERCIAL
REZONE DESCRIPTION
A parcel of land located in the NE 1/4 of the SE 1/4 of Section 31 J T. 4 N., R. lB.. B.M.,
Meridian, Ad(.l County, Idaho, more particularly described as follows:
Comnlencing at the section comer common to Sections 3l and 32 of said T. 4 N.~ R. I E.,
and Sections 5 and 6 of T. 3 N., R. 1 E'1 B.M.;
rrhcnce North 0003 I' 35JJ East) 2659..04 feet on the seclion line common to said Sections
31 and 3210 the 1/4 section comer common to said Sections 31 and 32, said point being the
REAL POINT OF BEGINNING;
.rhence reversing direction, South 00031 '3S'U Wcst1 586.1 I feel on the section line
common to said Sections 31 and 32;
, Thence leaving said section linc~ North 89029f42~J .West. 354.20 reel, a portion of said
line being (In the southerly boundary line of Quenzer Commons Subdivision No.3, as same is
shown on the plat thereof recorded in Book 88 of Plats at Page 10030 of Ada County Records, Lo
the soulh\vest comer of said Quenzer Commons Subdivision No.3;
T'hcncc Nonh 00030' L8'~ East, 584.40 feelt a portion of said line being on (he boundary
l.inc common to said Qucn7..cr Commons Subdivision No.3, and Quenzer COlnmons Subdivision
No. 11 as sanle Subdivision No.1 is shown on the Plat thereof recorded in Book 85 of Plats at
Page 9511 of Ada County Recordsl to a point on the cast-west mid-seclion line of said Section
31 ;
Thence South 89f>46'21 'tt East. 354.43 reet. on lhe cast-west mid~scction line of said
Section 31 to the real point of beginning~ Said parcel contains 4&76 acres more or less.
PREPARED 8Y:
Engineering North\Vest, LLC
t~, C R \O"....t& P UBLtC
4. 1NOPKS DEPT.
:VE~~.AJJ2--J
FEB \ 6 2005
James R.. Washburn, PLS
Oucuz.cc (::omnul~r(:i:allteumc ~..duc
~gc i (If I
EXHIBIT B
Que.nzer Commons Commercial Rezone
RZ-05-003
Site Plan
[... ...... .. ........ . .. . .. ~. . .'. . ....... ............................ ........~............. ........... ...... ....:-: :"-~~~'~":;~':'" . .
. . ... .............. ., ... .. '~~.. ,...' ....., ...... . .._~., . ... .., ,. . .... .un'.,~: ......:'::., .:~:~. ....,................. '.'.'.,."",?~u.u'. ,...-.. .. .. '...'. .' ,'." .. ..~.". ,__.<. "'.<'~""V ,,~:...._~..,.. .....""'~.~".._""~..:_,_..."..,.....,<".,,....,..........,.<.,..,;
QUENZER ~O~I1tIONS COMItIERCL1\L
REZONE EXHIBIT
589446 '20"E 3S4~ 43'
S~31 S~J2
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EXHIBIT C
Quenzer Commons Commercial Subdivision
RZ-05-003
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particularfacts and circumstances of each proposed zoning
amendment in terms of the following standards and shall find adequate evidence answering the following
questions about the proposed zoning amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
TIle subject property is designated as "Neighborllood Center" on the
Comprehensive Plan Future Land Use Map~ Staff finds that the requested
Neighborhood. Commercial (C-N) zoning designation for use as a mid.-block
cOlumercial site with office uses is hanno.nious and in accordance with the
Comprehensive plan.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
in the future~ The .proposed. uses are consistent witll tIle Neighborhood
COlnmercial Designation and the existing buildings are in cOlnpliance with this
designatio.n.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that tIle proposed uses of office/commercial are allowed in the
proposed C-N' zone. The applicant has .DOt submitted a proposed site plan and is
not specifically proposing to install any site improvements witll the subject rezone
application~ TIle applicant will be required to submit for a Certificate of Zoning
Complian.ce (CZC) Wl1ich, whet1 processed, will require tIle applicant to make site
improvements, including parking and landscaping, in accordance with Meridian
City Code.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Stafffinds that the City's Comprehensive Plan.llas provided the applicant with the
ability to request th.e C-N zone for the su.bject property. The area adjacent to this
I
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property COl1tains a Inixture of uses includillg retail, office, and residential and. has
beell developing and ch.angin.g rapidly since the ap.proval of Heritage (Qu.enzer)
COlnmons ill 2002. The rezoning of the property will allow for the uses and the
zon.il1g to be compatible.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and ap.propriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Staff anticipates that the .proposed use will be operated and tnaintained to be
llarmonious with the existing neighborhood. The applicant has not su.bmitted
specific information concerning the design or appearance of the proposed offices.
T.he existing building layout and the proposed site plall are silnilar in appearance
and in confonnance to the layouts submitted tlrrough the use exception approval.
The COlnmission and Council should consider all public testimony, oral and
written, before making this finding~
:F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds tllat the requested rezone should not be disturbing to existing or future
neighboring uses. Tlrro.ugh the preliulinary :plat process, the City determined that
cormuerciaI/office uses are a.ppropriate for the area.
Staff anticipates that tIle proposed commercial offices will not be hazardous or
disturbing to the- .neighboring uses~ The Commission and Council should consider
all.public testimony, oral and written, before making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
servi.ce;
Based on the joint agency/department meeting and. other COffilnents received from
age.ncies/departmel1ts, stafffinds that the public services listed above can be made
available to accommodate the .proposed development. The COlnmission and
Council should reference any written. and/or verbal testimony submitted .by any
public service provider, regarding their ability to adequately service this project
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. The uses were
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previously approved, the subject application is OIlly intended to Inake the Z011il1g
consistel1t with the approved uses~ Additionally, staff finds th.at tIle proposed
reZOl1e would not be detritnental to the economic welfare of the cOl11lnunity.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that tIle proposed C- N zoning designatio!l of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditiol1S that are detrimental to the general welfare of tIle
cOl1UTIunityand are designed around residential compatibility.
J. Will have vehicular approaches to the property wh.ich shall be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the .proposed C-N zoning will not interfere with general traffic
patterns on any pu.blic streets.. ACHD approved the preliminary plat in. 2002, the
proposal is consistent with the ACHD review for the CUPIPD of Quenzer
Commons :preliminary plat.
K. Will not result in the dest.ruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this co.uditional use. Staff has not identified any natural or scenic
features on the site~
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of tIle City by
allowing tIle rezone. Matching the proposed uses to the zoning is beneficial to the
applicant and to the City of Meridian for consistency with the schedule of use
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EXHIBIT D
Quenzer Commons Commercial Subdivision
RZ-05-003
Site Specific Comments
SITE SPECIFIC COMMENTS (Rezone)
1. The legal d.escriptiol1 su.blnitted with the applicatio.n is accurate and meets the
requirements of the City of Meridian and State Tax Conunission.
2. All development on said property shall comply with Meridian City Code.
3. A Certificate of Zoning Com.pliance (CZC) ~pplication shall be sublnitted for
approval prior to occupancy of the buildings on site.
4. Applicant s.hal] meet all terms of the approved Preliminary Plat (PP-02-007),
Planned Development (CDP-02-007), and Development Agreement (Inst.
No. 1 02078396).
Fire Department Comments
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
DepartInent and water quality. by the Meridian Water Department for bacteria
testin.g.
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 sIlalI not face a street which does 110t have addresses on
it.
c. Fire hydrant markers s.hall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb :painted red 10' to eacll
side of the hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not .have any vertical o.bstructions to outlets witllin 1 0'.
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 inte.rnal & external roadways.
5. Operational fire hydrants and temporary or :permanent street signs are required
before combustible construction begins.
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6. TIle office lot will have all UnIal0wn traIlsiel1t :population and willllave an unIalown
impact on. Meridial1 Fire Deparhnent call volulnes~ The Meridian Fire DepartJ.nent
l1as experienced 2397 responses in the year 2003. According to a report completed
by Fire & Emergency Services Consulting Group our requ.ests for service are
projected to reach 2800 in the year 2005 atld 3800 by the year 2010. Fire lal1es and
streets sIlaII have a vertical clearan.ce of 13 '6". Tllis includes luature landscaping.
7. TIle fire departmel1t requests that any future signalization installed as the result of
the developlnel1t of this project be equipped Wit!l OptiCOlll Sensors to ensure a
safe alld efficient response by fire and emergency medical service vehicles. Tllis
cost of this installation is to be born.e by the developer.
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CITY OF MERIDIAN
FINDINGS OF .FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the M.atter of Stephanie Edwards
Case No(s). CUP-OS-Ol1
For the City Council Hearing Date of: May 1 0, 2005
A. Findings of Fact
1. .Hearing Facts
a~ A notice of a public hearing was pu.blished for two (2) consecutive weeks prior to
the City Council p.ublic hearing, the first publication appearing al1d written. notice
mailed. to property owners or :purchasers of record. within three hundred feet (300')
of the external boundaries of tIle property. The notice of pub lie hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509 .
The Inatter was duly considered by the City Council at the May 10, 2005, pu.blic
hearing(s). The applicant, affected property owners, and governm.ent subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express co.mments and SUbluit evidence.
b. Oral testimony was received o.n this matter, as reflected in the records of tIle City
Clerk (for written testitTIony) and in the official meeting Inil1utes (for oral
testilTIOny).
c. The Planning and Zoning COlnmission co.nducted a public hearing and issued a
written recommendatiol1 on the subject Inatter to the City CounciL
d. The City Council heard and took oral and written testilTIOny and duly considered. tIle
evidence and the record in this matter.
2.. Process Facts
a. There has been compliance with all notice and hearing requirements set fort.h in.
Idaho Code 967-6509,6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by th.e Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report
3~ Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISJON & ORDER
CASE NO(S). CUP-OS-O I J _ - PAGE I Of 4
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a. In additiol1 to tIle applicatiol1 and pro.perty facts noted ill tIle staff report and tIle
Platming & Zoning Recommendation for the subject applicatio.n(s), it is h.ereby
verified that the property own.er(s) of record at the tilue of issuance of these
findings are Stephanie Edward.s.
4. Required Findings per Z011ing and Subdivision Ordinallce
a. See Exllibit D for tIle findings required for Conditional Use Permits.
B. Conclusions of Law
l~ The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Id.allo Code (I.e. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Developmellt Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning :maps tllereo( The City of Meridian has, by ordinance, established the
Impact Area and the Amended COlnprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Ma.ps4
3. The conditions sIlall be reviewable by tIle City Council pursuant to Meridian City Code
S 11-1 7 -9 .
4. Du.e consideration has been give.n to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
54 It is found public -facilities and services required by the proposed d.evelopment will not
ilnpose expense upon the public if the attached conditions of ap.proval are imposed.4
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by tile Clerk upon
the applicant, the Planning and Zoning Departlnent, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal .Description in Exhibit A, tIle Site Plan
sub.mitted with the application as shown in. Exhibit B and the Conditions of A.pproval in
Exhibit C. Th.e conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
c. Decision and. Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 al1d
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the undated Site Plan
Exhibit B witll the application is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC.ISION & ORDER
CASE NO(S)~ CUP-05~Oll_ - PAGE 2 of4
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2. The site specific and. standard conditions of approval are as shown in Exllibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteel1 (18) MontIl Conditional U.se Penult Duration
Please take notice that the conditional use permit shall be valid for a maXilTIUm period
of eighteen (18) lTIOl1ths unless otherwise ap.proved by the council. During this time,
the permit holder must commence the use as penn.itted in accordan.ce with. the
conditions of approval, satisfy the requirements set forth in the conditions of 8:p.proval,
acquire building permits and commence construction of penn anent footings or
structures on or in the ground. In this context "structures" shall in.clude sewer and
water lines, streets or building construction. TIle applicant 11as specified in the
application and to tIle comlnission and council a construction. schedule and completion
date for the project If the co.mpletion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
subm.it an application for a tilne extension on the .project for city council review. The
application for time extension shall be sublnitted. at least tl1irty (30) days prior to the
deadline for completio.11 of the project. For projects req.uiring platting, the final plat
must be recorded witllin tltis eighteen (18) month period. For projects with multiple
phases, tIle eighteen (18) lTIonth deadline 811a11 apply to the first phase. In the event that
the developlnel1t is mad.e in successive contiguous segments or lTI.u.1tiple .pllases, such
:phases shall be constructed within su.ccessive intervals of one year from tIle original
date of approval by tIle counciL If tIle successive ph.ases are not submitted witllin one
year intervals, the conditional approval of the future pllases shall be null and void.
(MCC 11-17-4~B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner tnay
request a regulatory taking analysis. Such request lTIUSt .be in writing, and must .be filed
with the City Clerk not more than twenty-eight (28) days after the final decisio.n
concerning the matter at issue. A request for a regulatory takings analysis will toll the
tilne period within Wllich a Petitio.n for Ju.dicial Review may be filed.
2~ Please take notice that this is a final action of the governing body of the City of
Men.dian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit ap.proval 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, Idah.o
Code.
F. Exhibits
Exhibit A: Legal Description
CITY OF MERIDIAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDE.R
CAS.E NOeS). CUP-OS-OJ 1_ - PAGE 3 of4
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Exllibit B: Approved Site Plall
Exhibit C: Final Conditions of Approval
Exhibit D: Conditiol1al U.se Pennit Findings
By action of the City Council at its regular tneeting held on tIle
, 2005.
I tJ -I~
day of
COUNCIL MEMBER SHAUN WARDLE
VOT.ED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED a~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAI<ER)
VOTED
~
Attest:
A
By:
City Clerk
Dated: 5 -\ \1> -or;
CITY OF MERIDIAN FINDINGS OF .FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CAS.E NO(S). CUP-OS-O 1 J ~ - PAGE 4 Of 4
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EXHIBIT A
Stephanie Edwards CU.P-05-011
Legal Description
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EXHIBIT B
Stephanie Edwards
CUP-05-011
Approved Site Plan
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EXHIBIT C
Stepha.nie Edwards
CUP-05-011
Final Conditions of Approval
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. No equipment or process shall be used in such a Inanner which creates noise, vibration, glare)
fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation
is conducted in a single-family residence or outside the dwelling unit if conducted in other than a
single- family residence.
2. In no way shall the appearance of the residence be altered nor the occupation be conducted in a
manner which would cause the premises to differ fronl its residential character in the use of
construction, lighting, signs and in the elnission of noise) fumes, odors, vibrations or electrical
interference~
3. The applicant shall meet all of the licensing requirelnents ofth.e State of Idaho
.prior to beginning operation. The applicant will be required to submit to the City
of Meridian a copy of their cl1ild care license issued by the Department of Health
and Welfare of the State of IdallO within three months of City Council approvaL
4. All signage sIlall be in accordance with tIle standards set forth in Section 11-14 of
the City Zoning and Developluent Ordinance. All signage is subject to design
review and shal1.require separate permits~
5.. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act
6. Certificate of Occupancy: All required improvements lTIUSt be complete prior to
obtaining a Certificate of Occupancy for the proposed development A temporary
Certificate of Occupancy may be o.btained by providing surety to the City in the
form of a letter of credit or cash in the amount of 11 0% of the cost of the required
im.provements (including paving, striping, landscaping, and irrigation). A bid
must aCCOffi.pany any request for tem.porary occupancy.
AGENCY COMMENTS AND CONDITIONS
Meridian Fire .Department
1. All Daycare's witl1 7 or lTIOre children must pass an inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of$20.
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EXHIBIT D
Stephanie Edwards
CUP-OS-Ol1
Conditional .Use Permit Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shaD review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required
by this ordinance;
Meridian City Code 11-13-1 requires a new .use to .pro.vide parking and/or loading
facilities in accordance with Title 11 ~ One parking space is required for every 10
children, plus 1 space is required per employee for a daycare center (MCC 11-13-
5)~ Currently there are two (possibly three), un-striped .parking stalls on the east
side of the building~
The applicant has not shown a parking plan that ad.equately accommodates the
use. The propos-ed site plan shows a paved dri.veway area and a large RV parking
area~ The site has an approximate 300 sq ft garage an.d approximately 20' wide
driveway; standard :parking stalls are 9'x 19'. It is practical that the resident will
utilize the garage for the required "one employee" parking requirement and the
driveway would accolnmodate the one required parking stall (1 .per 10 children).
Th.e street is :not an arterial or collector street.
Staff finds that the subject property may be large enough to accommodate the
requested use and the required parking; 11owever, it is not currently designed to do
that.
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;
The curre.nt Co~prel1ensive Plan Land Use Map designates the property as
"mediulTI density reside.ntial" and is currently zoned "R.-8"~ Staff finds that the
req.uested secondary use of a group daycare in a single family residential building
is a "Conditional Use" according to MCC11-8-1. Staff finds that if the group
daycare use is approved with conditions by tIle Commission and tIle Council, the
(
(
use will be cOlnpatible with the Meridian Zoning Ordinance and the
COlnprehensive Plall.
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;
The site plan shows the yard is fenced with a 6' high wooden fence and maintained and gated in
working condition. There is existing vegetation which has been maintained in healthy condition.
It is staffs opinion that the site is of a sufficient size for the requested number of children, but the
applicant should be required to comply with Idaho State Department of Health and Welfare,
Childcare Licensing Division and acquire an occupancy certificate and/or building permit to
certify the building and play area.
It is often difficult to find an ideal location for a daycare center. Residents often
op.pose daycares, and commercial businesses often l1ave concerns about having
children in close proximity to their business, .but cl1ildcare facilities are a very
valuable resource. Therefore, site design is critical for finding a successful
location. Staffrecommends that tIle Council rely upon public testimony, staffs
analysis, and other agellcy comments when determining if the proposed use is
cOlnpatible with the neighborllood residential uses in the area and ifth.e use will
adversely change th.e existing and intended character of the area.
D. That the propQ.sed use, i.f it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Please see above finding. Staff reconunends that the Council rely u,pon public
testimony, staff s analysis, and other agency comments when determining if the
.pro.posed use is compatible with other uses in the area and. if the use will
adversely affect other property in the vicin.ity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
On March 11,2005, a joint agency/department COlnments meeting was held with
representatives of key service providers to tllis property. The .Meridian Fire
Department requested an inspection to determine conditions and needs in order to
ad.equately serve the project.
Water and. sanitary sewer service currently exist to the site.
('
(
Staff finds that the proposed development call be ad.equately served .by the
essential public facilities al1d services listed. above, if ilnprOVe.1nents are made .by
the applicant in accordance with existing policies, ordinances and tIle
international building and fire codes.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
If approved, the applicant will be final1cing the installation of any required
.upgrades to the building necessary to serve the project. The Meridian Fire and
Police Departtnents currently provide service to the site. Staff fil1ds there will :not
be excessive additional requireIne.nts at public cost and tl1at the pro:posed use will
not be detrimental to the com.munity's economic welfare.
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
person.s, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise froIn vehicles coming to and going from
this site will increase; staff does not believe that tile amount of traffic and noise
generated will be detrimental to tIle general welfare of the public. Staff finds that
the proposed use should not be detrimental to neigllboring properties because tIle
use will not generate excessive 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 an interference with traffic on
surrounding public streets;
ACHD has .not made comment on tIle site. The approaches lie on a local street on
a dead end road, the access of the site will not inlpact traffic significantly more
than a single family residence. Staff finds that the pro.posed use will not create
significant interference with any traffic on the surrounding public streets.
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Staff is not aware of any other natural or scenic feature(s) of major importance in
the area that may be affected by the issuance of this conditional use.
r.. ... ........
( ...... r..
** TX coN.fl...~ ...~MAT ION REPORT ** AS OF MAY 10 - 05 ~;:"...-J:S PAGE~01
CITY OF MERIDIRN
DFlTE TIME TO/FROM roDE M I N/SEC PGS CMD1=f STATUS
87 05/18 22=06 3810160 EC--S 01'26" 003 053 OK
08 05/10 22:08 PUBLIC WORKS EC--S 00t53u 003 053 OK
139 05/10 22:10 8841159 EC--S 00' 53'. 003 1353 OK
10 05/10 22:11 2088840744 EC--S 00 t 54 JJ: 003 053 OK
11 05/10 22:12 POLICE DEPT EC--S 00" 53 t, 003 053 OK
12 05/10 22:14 8985501 EC--g 00" 52~) 003 053 OK
13 05/10 22:15 LIERARY EC--S 131 t 06" 003 053 OK
14 05/10 22=18 3886924 EC--S 00-52" 003 053 OK
15 05/10 22:19 P-AND-Z EC--S 00tS3u 1303 1353 OK
16 05/10 22:21 208 895 0390 EC--S 00'52u 003 053 OK
17 05/10 22:22 208 387 6393 EC--S 130'52" 003 053 OK
18 05/10 22=23 ADA CTY DEVELMT EC--S eat 53J~ 003 053 OK
19 05/10 22:25 8885052 EC---S 00'52" 003 053 OK
20 05/10 22:26 IDAHO ~THLETIC C EC--S 00 · 53" ~03 053 OK
21 05/10 22:28 1D PRESS TRIBUNE: EC--S 00f53'n 003 053 OK
22 05/10 22:29 2088886701 EC--S 00' 52U: 003 053 OK
23 05/10 22:34 IDAHO STATESMAN EC--S 00 t 52 ~~ 003 053 OK
--------------------------------------------------------------------------------------------
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TuesdaYt May 10t 2005, at 7:00 p"m.
City Council Chambers
Ro II-call Attendance:
- + Shaun Wardle () Christine Donnell
----LL- Charlie Rountree =z= Keith Bird
-17'- Mayo r Tammy de Weerd AM l'v-u e 7!. ze fn-
Pledge of Allegiance: .JI?S"I". F~ - S..erll"'f'" ~-r IYl II..r
Community Invocation by ~^awh.,.I<~~ - ))?h",~chww:.fw af' 6IJA...
4~ Adoption of the Agenda: as" "'~
1~
2.
3.
5. Consent Agenda:
A~ Approve Minutes of April12t 2005 City Council RegUlar Meeting; ~v<...
B~ Approve Minutes of April 19, 2005 City Council Regular Meeting: ~
C.. Sanitary Sewer and Water Main EasQment for Idaho UroloQic
Institute: 7r"~
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of a~58 acres from RUT zone to C-G zone for
Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners _
985 East Freeway Drive: dvfpvo~
E. Sewer Master Plan UDdato and Ex~ansion AQreement - JUB
EnQineers: ~,V"<-
F. Award of Bid for Well 20B Pump House Expansion to Guho
Corporation: '/? pro vK.
G. Contract with Custom Electric for Telemetrv Installation at Size
Lift Stations= ~~
Meridian City counCil Agenda - May 10. 2005 page 1 Of 3
AU materialS presented at PUbliC meetings Shan become property Of the City Of Meridian.
Anyone desiring accommodation for disabilitieS rerated to documents andlor hearing
Please contact the City CterkOs Office at 888-4433 at reast 48 hOUrs Prior to thO pubJic meeting.
(
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** TX CONFIRMATION REPORT **
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DATE TIME TO/FROM
05/06 16:19 3810160
05/06 16:21 PUBLIC WORKS
05/06 16:22 12084664405
05/06 16:24 8841159
05/06 16:25 2088840744
05/06 16:26 POLICE DEPT
05/06 16:28 8985501
05/06 16:29 LIBRARY
05/06 16:30 92083776449
05/06 16:32 3886924
05/06 16:33 P-AND-Z
05/06 16:34 ALL RMERICAN INS
05/06 16:36 208 895 0390
05/06 16:37 128300040
05/06 16:39 208 387 6393
05/06 16:40 ADA CTY DEUELMT
05/06 16:41 8885052
05/06 16:43 CHERRY LRNE
05/06 16:45 IDAHO ATHLETIC C
05/06 16:46 ID PRESS TRIBUNE
05/06 16:48 2088886701
(.. .:
AS OF MAY 06 '05 16:49 PAGE.01
MODE
EC........S
EC"'~S
EC"'~S
ECw--S
EC-~S
EC~~S
EC~""S
EC~+-S
EC~-S
EC--S
EC--S
EC.....-S
EC~-S
G3~-S
EC~-S
EC--S
EC--S
G3~--S
EC~~S
EC---S
EC....-S
CITY OF MERIDIAN
MIN/SEC PGS
01 ' 20" 003
00' 48" 003
00' 50,t 003
00' 49" 003
00' 50" 003
00' 49" 003
00' 48" 003
01 '00" 003
00' 48" 003
00' 48" 003
00' 49" 003
00' 48" 003
00' 48" 003
01' 04" 003
00' 48" 003
00' 49" 003
00' 48" 003
01 ' 47" 003
00' 52" 003
00' 52" 003
00' Sl" 003
CMD~
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
023
STATUS
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
-----~----~~----------~~~-----~~----~~----~~------~~~------~~~----~~----~~--------~~------~~
~lk~~ Vast ·
~ub\l G lVo11U- / [ \IlOVVLLO'
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 1 0, 2005, at 7:00 p.m.
City Council Chambers
1.. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
2. Pledge of Allegiance:
3. Community Invocation by
4. Adoption Of the Agenda:
5. consent Agenda:
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
(
IUJ1i lJuun I , nCliUnUtti J. UA VID NAVARRO AMOUNT .00 7
BOISE IDAHO 05/10J05(.."~.~8 PM
~~&g~~E~i:k~:JI~~ST~OF III1I1II1IIIII11111111111111111111111
Meridian Cily 105058Ef39
FIRST ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT" OF
THE DEVELOPMENT AGREEMENT (CASE NO. AZ-OO-019
FOR NEW CASE NO. RZ-03-013)
The following is an addendum to that certain Developlnent Agreement between
the City of Meridian and Howell-Murdoch Development Corporation, and specifically to
section 4.1 Uses Permitted By This Agreement on page 4 of the Development
Agreement, which is subsequent to entering into of the original Development Agreelnent
dated May 6,2002, and recorded in the Ada County Recorder's office as Instrument No~
102067381.
The parties hereto agree as follows:
All Th.e Development Agreement dated May 6,2002, as it pertains to Uses
Permitted By This Agreement, is amended to read. as follows:
Construction and development of264 building lots and 31 other lots for a
residential subdivision, carwash, coffee standlkiosk, fuel pumps and office
uses.
Development shall.be consistent with the 2002 Meridian Co.mprehensive
Plan Generalized Land Use Map, which designates the property as "Mixed
Use-Community" and "Medium Density Residentia1."
B. It is agreed between the City and Developer tllat the development project
of Cedar Springs Professional Center shall be fully incorporated into the original
development agreement with Howell-Murdoch Development Corporation, and
shall include the 5.51 acres with a C-N zoning. Additionally, the conditions and
the specific uses that were allowed within the original development agreement,
which is attached hereto and by this reference incorporated herein as if set forth in.
full and consisting of forty-eight (48) pages, s11all apply to the Cedar Springs
Professional Center~
Therefore, the "Developer" shall comply with the following additional
conditions as follows:
A. Adopt the Recommendatio.ns of the Meridian Planning & Zoning Department as
follows:
1. - The legal description submitted with the application meets the requirements
of the City of Meridian and State Tax Commission.
2~ The subject property is within the Urban Service Planning Area.. Essential
City services will be made available to the subject property~
First Addendum to Development Agreement
page 1 0 f 7
("
3. Any existing dOl11estic wells alld/or septic systems within this project will
have to be removed froIn tlleir dOlnestic service, per City Ordinance
Section 5-7-517, whell services are available from the City of Meridian.
Wells may be used for nOll-dolnestic purposes such as landscape
irrigation.
B. Adopt tIle Recommendations of ACHD as follows:
1. Construct Venable Lane as one-half of a 40-foot street section with curb,
gutter, 5-foot concrete sidewalk on the east side of Venable Lane and a
minimum of 24-feet of pavement within 40-feet of right-of-way.
2. Construct a 30-foot shared curb return type driveway that intersects
Venable Lane approximately 270-feet north of Us tick Road, as proposed..
Pave the driveway its full width and at least 3D-feet into the site beyond
the edge of pavement of the roadway and. install pavement tapers with 15-
foot radii abutting the existing roadway edge.
3 · Construct a 48- foot shared curb return type driveway with an 8-foot center
island within it that intersects Ustick Road approxilnately 140-feet west of
the east property line, as proposed. Pave the driveway its full widtll and at
least 30-feet into the site beyond the edge of pavement of tIle roadway and
install .pavement tapers with 15-foot radii abutting the existing roadway
ed.ge.
4. Otller than the Access point that is specifically approved with this
application, direct lot access to Ustick Road is prohibited. Access
restrictions will be required to be noted on the final plat.
5~ Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
l~ Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2~ All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3~ - Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file num.ber) for details.
First Addendum to Development Agreement
page 2 Of 7
(.:
4. Utility street cuts in pavelnent 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 tIle Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplelnents, 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 improvelnent plans.
6. The applicant shall submit revised plans for staff ~pproval, prior to
issuance of building pennit (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. hnpact Fee Ordinance.
9~ It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing
utilities damaged by the applicant. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way.. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are comprolnised during any phase of construction.
10~ No change in the terms and conditions of this ~pproval s.hall 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 tIle
subject property unless a waiver/variance of said requirements or other
legal reliefis granted pursuant to the law in effect at the time the change in
use is sought.
First Addendum to Development Agreement
page 3 Of 7
(
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c. Adopt the Meridian Fire Depal11nent Recomnlendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the
entire project Fire hydrants shall be .placed an average of 350' apart~
2. Acceptance of the water supply for fire protection will be by tlle Meridian Water
Department
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department Additionally, internal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of 28' inside and 48'
outside.
6. Operational fire hydrants and. access roads are required before combustible
construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the
fire hydrant within 1 0'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in
landscaping areas.
10. All fire lanes sIlaII have a clear driving surface which is20' wide available a~ all
times.
D~ Ado.pt the conditions of Sanitary Service Company as follows:
1. Design the enclosure per the standard recommendations of sse for access,
gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the
design with sse. Approval of the trash e.nclosure design will be required
prior to issuance of a Certificate of Zoning Compliance for the project.
E~ Adopt the action of the City Council taken at their March 16, 2004 meeting as
follows:
For clarification:
1. The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated
3/8/04. The. CUP shall also reflect this revised plan.
First Addendum to Development Agree.ment
page 4 Of 7
2~ The new fuel island canopy elevations sheet (by LAB Architect) is dated
October, 2003. The CUP sllalI also reflect the revised sheet in COl1dition
#6 of the Recomlnendations~
3. The revised Site/Landscape Plan reflects Inost of the modifications
required, but the Plan does !l.!2!. reflect the following:
a) a detaclled sidewalk on Ustick Road (PP condition #2)
b) right-of-way landscape improvements adjace.nt to Ustick Road
(PP condition #8.b.)
c) parallel parking stall change (CUP condition #7, page 2)
4. The above modifications (3 above) lnust be made during the Final Plat
and/or CZC approval process~
5. The proposed school site is presently conceptual, as the school district has
not decided on a layout as of yet
6~ Hours of operation for the drive-through coffee stand shall be from 6:00
a~m~ to 8:00 p.ln.
Hours of operation for the car wash (no more than three (3) vacuums
allowed), and two (2) fuel pumps shall be allowed. as a 24 hour operation.
Hours offuel delivery and refrigerated. truck operation shall.be from 7:00
a~m. to 6:00 p~m~
The decihellevels generated at the site sllaII be required to cOlnply with
Meridian City Code 6-3-6.
7~ The developer shall also be required to comply with all the conditions set
forth in the corresponding applications, which are PP-03-044 and CDP-03-
067~
c. Except as modified by this Addendum, the Development Agreement
between the parties dated May 6,2004, is hereby ratified and co.nfirmed.
IT IS SO AGREED.
First Addendum to Development Agreement
page 5 0 f 7
~.:(
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DATED AND SIGNED this a - day of r{ /TY-/2
, 2ttOZr?(? 0 5:
CITY OF MERIDIAN
BY.
City Clerk
Attest
BY:
STATE OF IDAHO )
: ss
County of Ada, )
On this ~~ day of n'l , 2004, before me, the undersigned
Notary Public, personally appeared Kevin Howell, known or identified to me to be the
President of Howell-Murdoch Development Corporation, who executed the instrument on
behalf of said corporation and acknowledged to me that he executed the same on behalf
of said corporation.
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First Addendum to Development Agreement
page 6 Of 7
otary Public for Idaho
Residing at~2st ~ -,Jl. ()
Cormnission Expires: ~ - d::? 1 D
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STATE OF IDAHO )
· ss
County of Ada, )
On this 3'.1 day of Mltv , ~ before Ine, the undersigned
Notary Public, personally appeared Tammy de Weerd and Willi81n GA Berg, Jr., knOWll or
identified to me to be the Mayor and City Clerl<, respectively, of the City of Meridian,
who executed the instrumellt or the persons that exectlted the instrument on behalf of said
City, and aclmowledged to me that such City executed tIle same.
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Z:\Work\M\Meridian\Meridian I 5360M\Ccdar Srpings Professional Center RZ~03-0 13 PP-03-044 CU.P-03~067\Fjrst Addendum to
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First Addendum to Development Agreement
page 7 Of 7
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 10, 2005, at 7:00 p.m.
City Council Chambers
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance:
3. Community Invocation by
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve~Mjnutes of April 12, 2005 City Council Regular Meeting:
B. Approve Minutes of April 19, 2005 City Council Regular Meeting:
c. Sanitary Sewer and Water Main Easement for Idaho Uroloaic
Institute:
D. Development Agreement: AZ 04-029 Request for an Annexation
and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners _
985 East Freeway Drive:
E. Sewer Master Plan Update and Expansion Aareement - JUS
Engineers:
FII Award of Bid for Well 20B Pump House Expansion to Guho
Corporation:
G. Contract with Custom Electric for Telemetry Installation at Size
Lift Stations:
Meridian City Council Agenda - May 1 OJ 2005 Page 1 of 3
AU materiars presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabHities 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.
t.
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H. Well 26 Production Well Chanae Order No.1 (Final) - Treasure
Vallev Drillina:
6. Department Reports:
A. Mayor's Office
1. Proclamation: Letter Carriers Food Drive Day _
Saturday, May 14,2005
7a (Items Moved from Consent Agenda)
''Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter~ "
8. Tabled from May 3,2005: FP 05-028 Request for Final Plat approval for
114 single-family residential building lots and 23 common lots on 41.05
acres in a R-4 zone for Saauaro Canyon Subdivision No.2 by Farwest,
LLC - north of East McMillan Road and east of North Meridian Road:
9. Continued Public Hearing from May 3, 2005: MI 05-003 Request for a
Miscellaneous approval to operate a fruit and vegetable stand in a C-G
zone for Richard Handke by Richard Handke -- 97 Main Street:
10~ Public Hearing-: CUP 05-011 Request for a Conditional Use Permit for a
daycare facility for 6-12 children for Stephanie Edwards by Stephanie
Edwards - 1537 West 15th Street:
11. Public Hearing: PP 05..010 Request for a resubdivision of Lots 4 & 51
Block 1 of Bonito Subdivision for Preliminary Plat approval of 9
commercial building Jots and 1 other lot on 4.06 acres in a C-G zone for
Bonito Subdivision No.3 by Travis Burrows for Dave Evans
Construction - 3041 & 2967 East Copperpoint Drive:
12. Public Hearing: RZ 05-003 Request for a Rezone of 4~42 acres from a R-
8 PO zone to a C-N zone for Quenzer Commons Commercial by
Landmark Properties, LLC - west of Locust Grove Road and north of
Heritage Park:
13. Presentation Update on North Meridian Plan Project:
14. Ordinance No. AZ 05-006 Request for
Annexation and Zoning of 76.29 acres from RUT to R-4 zone for Zebulon
Heights Subdivision No.2 by Traditions by Amyx II, LLP - south of East
McMillan Road and east of North Locust Grove Road:
Meridian City Council Agenda - May 1 at 2005 Page 2 of 3
Air materials presented at public meetings shalJ 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 meeUng.
/
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\....~ .....
15. Ordinance No. AZ 04M029 Request for an
Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for
Cottonwood lane by Tom Holliday/Cottonwood Lane Partners - 985
East Freeway Drive:
Meridian City Council Agenda - May 10, 2005 Page 3 of 3
AU materials presented at public meetings shari become property of the City of Meridian.
Anyone desiring accommodation for disabilities reJated to documents and/or hearing
Please contact the City Clerk'S Office at 888-4433 at least 48 hours Prior to the PUbliC meeting,
i (~.
** TX C( MATION REPORT ** AS OF MRY 133 ' 05 ri. PRGE~el
CITY OF MERIDIAN
DATE TIME TO/FRQr1 MODE MIN/SEC PGS CMD~ STATUS
82 05/03 08:37 PUBLiC WORKS EC--S 130'41'" 002 251 OK
03 05/03 as=38 12084664405 EC--S 00'42u 002 251 OK
04 06/03 08:39 8841159 EC--S 00'42t:1 002 251 OK
05 05/03 08: 41 2008840744 EC--S 00' 43u 002 251 OK
06 05/03 08:42 POLICE DEPT EC-.....S 00' 41'" 002 251 OK
07 05/03 08:43 8985501 EC--5 B0t 41 if 002 251 OK
08 05/03 08:44 LIBRARY EC--S 00' 511:1 002 251 OK
09 05/03 08=45 92083776449 EC--S la0'41u 002 251 OK
10 05/03 0S: 46 3886924 EC--S 00'41u 002 251 OJ<
11 05/03 08:48 P-AND-Z EC--S 00)42n 0132 251 OK
12 05/03 08:49 208 895 0390 EC--S 00f 41 H 002 251 OK
13 05/03 08=50 128300040 G3--S 00~48n 002 251 OK
14 05/03 08:51 208 387 6393 EC--S 00'40n 002 251 OK
15 05/03 08: 53 ADA CTY DEVELMT EC--S 00139n 002 251 OK
16 05/03 08= 54 8885052 EC--S 00J 39'" 002 251 OK
1? 05/03 08:55 IDAHO RTHLETIC C EC--S 0[1t 40Jt 002 251 OK
18 05/03 08:56 ID PRESS TRIBUNE EC--S 00'48'" 002 251 OK
19 05/03 08:58 2088886701 EC--S 0'0 t 40:'t 002 251 OK
2e 05/03 09:09 3810160 EC--S 01 ) 01" e02 251 OK
--------------------------------------------------------------------------------------------
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NOTICE OF REGULAR MEETING
MAYOR
Tammy de Wecrd
CITY COllNCll ME.MSERS
Keith Bird
Christine Donnell
Chal.!E:S M. Rounh-e!
:iha un W.3rd Ie
CITY OF MERIDIAN
HISTORIC PRESERVATION COMMISSION
OTY DEPARThfllNl$
:F ir~
540 Bt Franklin Road
8H8-1 ~14 / fax 595.0390
NOTICE IS HEREBY GIVEN that the City of Meridian Historic
P~rks & Recrea Uon
11 W~ Bower Streer
B8~..jS?9 I fax 898MSSOl
Preservation Comm ission (H PC) wm hold its regular monthly meeting at
Meridian City Haft, 33 East Idaho Avenue., Meridiant Idaho in the Mayors
Conference Room on Thursday, May 5, 2005 at 5:30 PM~ The HPC wifJ
Planning
660 Er W6J tertow€r ~ne
Suite 202
884-5533 / f~x 888.6844
meet to discuss the following items:
Police
1401 E. Watcrtower Li1n~
R8S-667S I 846..7366
- Discussion of Reconnaissance Survey and Amendment to Emily
Peeso Contract:
... Other Business:
I~lJbJic Works
660 E. WalcrtowcT Lane
Suite 200
898..5500 / fax 89S..gS5J
The public is welcome to attend.
- BuildiL'S
660 E. Wale.rtow..~r [.a ne
Suit~ 150
887-22J] / fax 887-1297
DATED this 3rd day of May, 2005.
dI~
- Was tewalCr
.3 !OI N. Ten lvIile Road
8A8...219l! fax 884-074..4
- W~ter
2235 N.V\': 8th Street
888...5242 I fi1x 884. t 159
The HPC regular meetings are scheduled for the first Thursday of each
month at 5:30 pm at Meridjan City HaWs Conference Room.
Meridian Historlc Preservation Commission - May 5,. 2005
AU materials presented at PUblic meetingS Shan beeome property of the City Of Meridian.
Anyone deSiring aCCOmmOdatiOn for disabilities related to documents 8nd I or hearingS,
em' HAT.1. pf.~Wtm:&ijl ~~~Jrt.f@jl~20U~&8fM..tS9llcmeeting.
CITY ClE"RK - FAX Sas.~lS C1TY ATTOnNf.v I HR P fAX 6S4-8n3 FlNANC'F: &; UTIU JY 6lLUNC - fAX 68704913 MAYOR'S OFFJCE _ FAX" 6&Hll19
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