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2003-03-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 4, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd x.. Cherie McCandless )c:: X Mayor Robert Corrie 2. Adoption of the Agenda: 6ljJPY'l9if'f..- cur t[ ~oC.ecL Bill Nary Keith Bird 3. Consent Agenda: !7 - G. A. Approve minutes of January 14. 2003 City Council Regular Meeting: a j?;fJ n9li'z.... Approve minutes of February 11. 2003 City Council Regular Meeting: tZjJ}JTOV"'R-- Approve minutes of February 11. 2003 Pre-Council Meeting: ~;J flV1.9 ~ Approve minutes of February 18. 2003 City Council Regular Meeting: a-Jq?n?VlZ.- Findings of Fact and Conclusions of Law for Approval: VAR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: .a-l"prov'Z.- Findings of Fact and Conclusions of Law for Approval: AZ. 02- 027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: t[/pY1?VI<-- Findings of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision by Wardle and Meridian City Council Agenda - March 4,2003 Page I of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing plellSe contact the City Clerk's Office at 888-4433 at lellSt 48 hours prior to the public meeting. B. C. D. E. F. Associates - west of North Locust Grove Road and south of East Fairview Avenue: approV".e.. a..J C( ~dLc.L- H. Findings of Fact and Conclusions of Law for Approval: CUP 02..Q41 Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: aj1fN'<9v~ 4. I. 2003 Sewer Cleaning Proiect - Award Bid: t:2-pp7Vv..e. J. 2003 Touchmark Crossing Water Main Extension -Award Bid: apfrov.u K. Change Order No. 1 White Drain Sewer Trunk Project: ~?ro(/1.V L. Sanitary Sewer Easement - Jim and Shirley Cobble (for Tuscany Lakes Subdivision): t:l.fJprt>v-e- M. ADDrove Bills: approv-e- Department Reports: ;3~ /lz. af:Jr:J'T ,~ 1- j/wc.rll{e~'tn-1.- 4>'?"L~/7JI'tYh-- #;;r<9/Jv7~ A. Public Work's Department _ Brad Watson: - /l.AtSu. tL j>cY"f:eA. ~Y'O~ - /lA.d~e rft:>cL~ ~p~t/.e- 1. Reauest for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: tv; I { {} e. T ~J--<€ I ^-/b-nn cv-h [n...) 5. (Items Moved from Consent Agenda) $'- (2 6. Ordinance No. Meridian Police Department Rules and Policies: ~{;..ee ~t /hCUch. /~ 2-<170.3 7. Continued Public Hearing from January 28, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Cd?1.nht-U!/ jJ/1v ~ Ituvu:;h /&0.../2003 " 8. Continued Public Hearing from February 25, 2003: PP 02-028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenu.e.; (.L:.__ _ A " aT/?rrn.ey-fo ~f9aAR.. "f-I;:';' e.. -i v VT w;?POV~ 9. FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: cen.-f?n~//?t!:Xe.. Iv MCf/tt/A. il( Z(f703 Meridian City Council Agenda - March 4,2003 Page 2 of3 All materiJ!ls presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. FP 03-009 Request for Final Plat approval of 53 building lots and 6 other lots on f7.6? acres in a R-4 zone for Tricia's Subdivision No.4 by Autumn Faire, L.LC. - southwest corner of Ustick Road and Black Cat Road: ~fr'OVJl.- Public Hearing: Dust Abatement Ordinance: CtT'YVh;VU/ Iv /Mtvtc/t. 18/ U>LJ3 Public Hearing: VAR 03..004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department locust Grove Substation - 3545 North Locust Grove Road: a/-fPr.Ae1 to J7Y.ef'~ /7r: 0/ c l..l ~ C?f~vd Public Hearing: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and e,a, st of South Locust Grove Road:/,_ ,~o, d7hrn.e~ fo prepCl/LJ!.. ~/;:: .f cl-e fUL ar~vv-<-" Public Hearing: RZ 02-009 Request for a Rezone of 0.17 acres from R- 8 to O-T zones for Bentlev Aoartments by Tamura and Associates - 518 East Broadway Avenue: p[ '/fl;-vA-etJ -fo p.e!j?A/..e /f;:.{ cl-f :fin- tZ/,;rroV"~ Public Hearing: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed 0- T zone for Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: .a..77zrr-A.ej -Ie pre?~ /ff ( C(-f k ~V'a.-e.. Public Hearing: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: {(..'Tn- fn-t t-t.V -ft; /Ip r-, 7 I ~ 2 () 0 3 AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: j?v6-U..1v 11)9-07 10 Zc?C13 Public Hearing: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: cOhnnvu. Iv? Ilpn? /5; .?Jf?o3 Public Hearing: VAR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverfeaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: C (hv"h ii J..1...U 1-0 11;01'7 i I i0 Z.pt? 3 Meridian city Council Agenda - Man:h 4, 2003 Page 3 of3 All materials presented at public meetings sb.all berome property of the City of Meridian. Anyone desiring lLCC{lmmodation for disabilities related to documents and/or hearing please contact the City Cleric's Office at 888-4433 at least 48 hoUtS prior to the public meeting. /Jruc...e. !Ju'lls - !1Crld reyeJCn!;,r.hv..u ~~SiU (Vast ~\')( (' p 0 h~ \ ~ uKJo'-\-\ uU CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 4,2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of January 14. 2003 City Council Regular Meeting: B. Approve minutes of February 11. 2003 City Council Regular Meeting: C. Approve minutes of February 11. 2003 Pre-Council Meeting: D. Approve minutes of February 18. 2003 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: G. Findings of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision by Wardle and Meridian City Council Agenda - March 4, 2003 Page 1 of 3 All materials presented at public meetings shall become property ofthe City of Meridian, Anyone desiring accommodati on 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. Associates - west of North Locust Grove Road and south of East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: CUP 02-041 Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: I. 2003 Sewer Cleanin" Proiect - Award Bid: J. 2003 Touchmark Crossin" Water Main Extension - Award Bid: K. Chan"e Order No.1 White Drain Sewer Trunk Project: L. Sanitary Sewer Easement - Jim and Shirley Cobble (for Tuscany Lakes Subdivision) M. Approve Bills: 4. Department Reports: A. Public Work's Department - Brad Watson: 1. Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: 5. (Items Moved from Consent Agenda) 6. Ordinance No. Rules and Policies: Meridian Police Department 7. Continued Public Hearing from January 28, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: 8. Continued Public Hearing from February 25, 2003: PP 02-028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: 9. FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H, Moore Company - southeast corner of Eagle and Overland Roads: Meridian City Council Agenda - March 4, 2003 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation 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, 10. FP 03-009- Request for Final Plat approval of 53 building lots and 6 other lots on 17_67 acres in a R-4 zone for Tricia's Subdivision No.4 by Autumn Faire, L.L.C_ - southwest corner of Ustick Road and Black Cat Road 11. Public Hearing: Dust Abatement Ordinance: 12. Public Hearing: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: 13. Public Hearing: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: 14. Public Hearing: RZ 02-009 Request for a Rezone of 0.17 acres from R- 8 to O-T zones for Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: 15. Public Hearing: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed O-T zone for Bentlev Apartments by Tamura and Associates - 518 East Broadway Avenue: 16. Public Hearing: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverfeaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: 17. AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: 18. Public Hearing: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: 19. Public Hearing: VAR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverfeaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: Meridian City Council Agenda - March 4, 2003 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFIRMATION REPORT ** 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DATE TIME TO/FROM 02/28 13:35 3810160 02/28 13:37 PUBLIC WORKS 02/28 13:38 12084664405 02/28 13:40 8841159 02/28 13:41 2088840744 02/28 13:43 2088467366 02/28 13:44 8985501 02/28 13:46 LIBRARY 02/28 13:48 IDAHO STATESMAN 02/28 13:49 208 388 6924 02/28 13:51 2088886854 02/28 13:53 KEITH BIRD 02/28 13:55 2083362100 02/28 13:56 8950390 02/28 13:58 208 387 6393 02/28 13:59 ADA CTY DEVELMT 02/28 14:02 CHERIE MCCANDLES 02/28 14:04 CHERRY LANE 02/28 14:06 POST OFFICE 02/28 14:08 208 888 1983 02/28 14:10 Walter R Johnson 02/28 14:11 ID PRESS TRIBUNE 02/28 14:13 208 888 6700 02/28 14:18 laurel AS OF FEB 28 '03 14:19 PAGE. 01 MODE EC--S UF--S EC--S EC--S EC--S EC--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 EC--S CITY OF MERIDIAN MIN/SEC PGS 01'42" 003 00'48" 003 01'01" 12103 01'00" 003 01'00" 003 01' 00" 003 01'00" 01213 01' 19" 003 00'59" 003 01' 17" 003 01'00" 003 01'01" 003 01'00" 003 01'00" 003 01' 00" 003 01'48" 01213 01' 16" 003 01' 18" 003 01'42" 003 01'20" 003 01'00" 003 01'00" 003 01'00" 003 01'02" 003 CMDt:t 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 016 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK ----~----~------------------~--------------~------------------------------------~---------~- ~bsu ~ cst ~b( PL)h\~u ~O't\u./ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 4, 2003 at 7:00 p.m. City Council Chambers 1. RolI~calJ Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: Bill Nary Keith Bird 3. Consent Agenda: A. Approve minutes of January 14. 2003 City Council Regular Meetino' , ( *'" TX CON, ~T I ON REPORT ** AS OF MAR 04 '032:3,- , PAGE. ell CITY OF MERIDIAN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDll STATUS 09 03/04 22:49 3810160 EC--S 01'56" 003 079 OK 10 03/04 22:52 PUBLIC WORKS UF--S 00'55" 003 079 OK 11 03/04 22:53 12084664405 EC--S 01'08" 003 079 OK 12 03/04 22:55 8841159 EC--S 01'08" 003 079 OK 13 03/04 22:57 2088840744 EC--S 01'07" 003 079 OK 14 03/04 22:58 2088467366 EC--S 01'07" 003 079 OK 15 03/04 23:00 8985501 EC--S 01'06" 003 079 OK 16 03/04 23:01 LIBRARY EC--S 01' 30" 003 079 OK 17 03/04 23:103 92003775449 EC--S 01'06" 003 1379 OK 18 03/04 23: 05 208 388 6924 EC--S 01'28" 003 079 OK 19 03/04 23:ll7 2088886854 EC--S lll'07" 003 1079 OK 20 03/04 23:09 8950390 EC--S 01' 06" 003 1079 OK 21 03/04 23:10 208 387 6393 EC--S 101 '07" 003 879 OK 22 03/0423:12 ADA cry DEVELMT 63--5 01'48" 003 079 OK 23 03/04 23:14 CHERRY LANE EC--S 01'28" 003 1379 OK 24 03/04 23:16 POST OFFICE EC--S 01'56" 003 079 OK 25 0~!/04 23: 19 208 888 1983 G3--5 01'26" 003 879 OK 26 03/04 23:21 ID PRESS TRIBUNE EC--S 01'07" 003 079 OK 2? 03/04 23:23 208 888 6700 EC--S 01'07" 1003 079 OK CITY OF MERIDIAN CllY COUNCIL REGULAR MEETING AGENDA Tuesday, March 4, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weard ~ Bill Nary --K- Cherie McCandless --2::... Keith Bird -L Mayor Robert Corrie 2. Adoption of the Agenda: t4fpn>v<... tV tl~,d.... 3. Consent Agenda: A. Approve minutes of Januarv 14. 2003 City Council Regular Meeting: 6r-fJiPr&l/"..t- B. Appr0\l8 minutes of Februarv 11. 2003 City Council Regu'ar Meeting: C&jJprtJl/1Z.- C. Approve minutes of Februarv 11. 2003 Pre-Council Meeling: '4?f'V1PV'(..... O. Approve minutes of FBbruarv 18. 2003 City Council Regular Meeting; a;v,pn>V'L E. Findings of Fact and Conclusions of Law for Approval: VAR 03-002 Request for a Variance to afJow a one year Time Extension for filing the final p'at for Baltic Place SUbdivision by PinnaCle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: "'1"prov:.{... F, Findings of Fact and Conclusions of law for Approval: AZ 02~ 027 Request for 200ing boundary modification of R40 and C~C zones on 11.78 acres for proposed Locust Grove PIOlc8 Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Lt; pYPV'<... !? - G. Findings Of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lols and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grov. Place Subdivision by Wardle and M<ri<Iim CityC<:uocll AgOilds -lofo>;-<b 4,2003 J'o&o I on All ....""*1. pr-..!"pobJ;cmoo<lop.&nU~. Jl'OP'01Y otll>o City of!.!..... ~ tbitingll.tlCCllX1lodoca fOl'diubilirios_t. <lolX1lll<G-'G&'.. h....ma: pl...._lho Cily C!aIo:'. om", 01 SU4433 IrlJnlot4r _prior IothojWJic lllOoUa& April 4, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST April 8, 2003 ITEM NO. Approve minutes of March 4, 2003 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUlLDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS [)~ rJ;17pr Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 4, 2003 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve as Amended 3. Consent Agenda: A. B. Approve minutes of January 14. 2003 City Council Regular Meeting: Approve Approve minutes of February ii, 2003 City Council Regular Meeting: Approve Approve minutes of February ii, 2003 Pre-Council Meeting: Approve Approve minutes of February 18, 2003 City Council Regular Meeting: Approve C. D. E. Findings of Fact and Conclusions of Law for Approval: V AR 03-002 Request for a Variance to allow a one year Time Extension for filing the final plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: Approve F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Approve 5-G. Findings of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for Meridian City Council Agenda - March 4, 2003 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Approve as Amended H. Findings of Fact and Conclusions of Law for Approval: CUP 02-041 Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Approve I. 2003 Sewer Cleaninq Project - Award Bid: Approve J. 2003 Touchmark CrossinQ Water Main Extension - Award Bid: Approve K. Chanqe Order No. 1 White Drain Sewer Trunk Project: Approve L. Sanitary Sewer Easement - Jim and Shirley Cobble (for Tuscany Lakes Subdivision): Approve M. Approve Bills: Approve 4. Department Reports: A. Public Work's Department - Brad Watson: 1. Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: Will get more information B. Mayor's Office - Mayor: 1. Parks and Recreation Commission Appointments: H.R. Bud Porter: Approve Andee Stockton: Approve 5. (Items Moved from Consent Agenda) 5-G 6. Ordinance No. Meridian Police Department Rules and Policies: Table until March 18, 2003 Meeting 7. Continued Public Hearing from January 28, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Continue Public Hearing to March 18, 2003 Meeting Meridian City Council Agenda - March 4, 2003 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents and{or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, 8. Continued - Public Hearing from February 25, 2003: PP 02-028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 9. FP 03-010 Request for Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H. Moore Company - southeast corner of Eagle and Overland Roads: Continue/Table to March 11,2003 Meeting 10. FP 03-009 Request for Final Plat approval of 53 building lots and 6 other lots on 17.67 acres in a R-4 zone for Tricia's Subdivision No.4 by Autumn Fairer L.L.C. - southwest corner of Ustick Road and Black Cat Road: Approve 11. Public Hearing: Dust Abatement Ordinance: Continue to March 18, 2003 12. Public Hearing: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: RZ 02-009 Request for a Rezone of 0.17 acres from R- 8 to Q-T zones for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed 0- T zone for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Attorney to prepare Findings of Fact and Conclusions of Law for Approval 16. Public Hearing: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Meridian City Council Agenda - March 4, 2003 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andfor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Crestline Development, LLC - 2683 West Chinden Boulevard: Continue Public Hearing to April 15, 2003 Meeting 17. AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: Table to April 15, 2003 Meeting 18. Public Hearing: PP 02-031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: Continue Public Hearing to April 15, 2003 Meeting 19. Public Hearing: VAR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: Continue Public Hearing to April 15, 2003 Meridian City Council Agenda - March 4,2003 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Meridian City Council Meetina March 4. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, March 4,2003, by Mayor Robert Corrie. Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie McCandless, Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Mike Worley, Dean Willis, and Will Berg Item 1. Roll call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: All right. I will open the Meridian City Council Regular Meeting Tuesday, March 4,2003, at 7:00 P.M. in the City Council Chambers. At this time, I'd like to have the City Clerk give roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Thank you. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: We do have some changes on the agenda. I believe Item Numbers 16, 17, 18, and 19, Public Hearings for the Silverleaf Subdivision for the annexation and zoning, the denial of Preliminary Plat, and the Preliminary Plat approval. The Variance, would like to be -- they would like that continued to April 15, 2003, and on the Consent Agenda, Item G, has been asked to be pulled off the -- on the Regular Agenda as 5-G. With that, I don't know if there is anything else. Corrie: I have one on the Department Reports, appointment to the Parks and Recreation, two names. Bird: That's an add? Corrie: That's an add. Bird: Yes. Add the Department Reports, Mayor. Okay. If there are no others, with that I would make a motion that we adopt the agenda with the noted changes. Meridian City Council March 4, 2003 Page 2 of 51 Nary: Second. Corrie: Motion has been made and seconded to adopt the agenda as corrected. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3. Consent Agenda: A. Approve minutes of January 14, 2003 City Council Regular Meeting: B. Approve minutes of February 11. 2003 City Council Regular Meeting: C. Approve minutes of February 11, 2003 Pre-Council Meeting: D. Approve minutes of February 18, 2003 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: VAR 03-002 Request for a Variance to allow a one year Time Extension for filing the Final Plat for Baltic Place Subdivision by Pinnacle Engineers, Inc., for LC Development, Inc. - south of East Franklin Road, west of South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 02- 027 Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: H. Findings of Fact and Conclusions of Law for Approval: CUP 02-041 Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: I. 2003 Sewer Cleaninq Proiect - Award Bid: J. 2003 Touchmark Crossinq Water Main Extension - Award Bid: K. Chanqe Order No.1 White Drain Sewer Trunk Project: Meridian City Council March 4, 2003 Page 3 of 51 L. Sanitary Sewer Easement - Jim and Shirley Cobble (for Tuscany Lakes Subdivision) M. Approve Bills: Corrie: Item 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move -- well, we -- I better take Item G, we moved to regular Item 5-G on the Regular Agenda and the rest of it I would move that we approve and for the Mayor to sign and the Clerk to attest on the proper papers. McCandless: Second. Corrie: Excuse me. Motion has been made and seconded to approve the Consent Agenda with moving Item 3-G to 5-A. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. Public Work's Department - Brad Watson: 1. Request for Sewer Service - Anthony Mahaty, 2075 West Franklin Road: Corrie: Department Reports, 4-A, Public Works Department. Brad Watson. Watson: Thank you, Mr. Mayor and Council Members. You should have in your packets a letter from a Richard Kartchner requesting connection to the city sewer system, specifically, without annexation. This property is on the south side of Franklin Road, west of Linder Road, directly across Franklin from the Sanitary Services site being developed currently. They came to me a week or so ago requesting this very specific ability to have only sewer service, no water service, and not to have to annex. The ordinance allows the Public Works director to approve up to four equivalent connections for residential use. They have stated that this will be a church project, so that's why it is in front of you. I feel like ['m leaving out some facts, but if there are any questions I'd be happy to answer those. Meridian City Council March 4, 2003 Page 4 of 51 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, could you explain that to me again? You said they want to connect to the sewer system, not the water system, or the other way around? Watson: Council Member Nary -- or Council, that's exactly right. They only want to be able to connect to sewer out to Franklin Road that was built as part of, I think, Caparelli Subdivision. Nary: But they don't want to be annexed now or agree to consent to annex when they are contiguous to the city? Watson: Councilman Nary, they are currently contiguous to the city. This is sort of an unusual request. Nary: Oh. Watson: If anyone else did this, we would say, sure, submit an annexation application and you can connect. This request came in, so -- because the Public Works Director can't specifically deny something that is not residential, that's why it's before you, Nary: And I'm looking at the letter that's submitted from Kartchner Engineering and I guess I don't see anything in here that tells me why they don't want to consent to annex so is somebody here for them that is going to explain that? Watson: Councilman Nary, Mayor and Council Members, I don't see Mr. Kartchner. I don't know anyone else associated with this project. I don't know that there was ever a reason given to me in my phone conversations, even, other than they simply didn't want to be within the city and were forging forward with an Ada county application. Nary: When I look at this letter it says the owner would agree to annex into the city and connect without the need for a lift station into this waste main in the future. Watson: Right. That's the fact I was leaving out. Nary: Oh. Watson: This is in a different drainage area that doesn't actually gravity sewer to the existing sewer. It would be part of the Black Cat system in the future. In order for them to connect right now, they need a private on-site little pump station or septic pump or something. Eventually, that property needs to sewer back into a line that would be south of them and part of the Black Cat system, Meridian City Council March 4, 2003 Page 5 of 51 Nary: So -- and maybe I'm just slow tonight, but -- so is this -- so is this -- basically what they are saying is that they might consent to annex at some point in the future, but they are not agreeing to annex now, since they are already contiguous, and that would be different than what we have normally done in the past on these kinds of requests? Watson: Councilman Nary, I think that's correct. It is different, because, like I said, anything that's currently contiguous, they submit an application and that's how they get the water and sewer service, unless there is some agreement or some other action the last couple years that I'm not remembering. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Brad, I don't know -- when he mentioned temporarily connect, why just temporary? Is it -- maybe I'm slow like Mr. Nary tonight. How can you temporarily connect to a sewer system? Watson: I believe, Council Member de Weerd that his meaning behind this is that he would temporarily be pumping into this line in Franklin until the line south of the property that it should properly drain to is constructed. That's how I have interpreted the letter. If I could just back up a little bit? You know, I think there is one reason that they want to connect to the sewer without annexing and it mostly has to do with the cost of a septic system. I recall that coming up during our conversation, that it's much cheaper, obviously, to put in a little grinder pump and pump into the sewer, than to construct a septic system for a facility like this. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: So, are they proposing changes to the existing house to accommodate this and -- I guess I don't understand why, if they are interested in annexing in the future, why they just wouldn't annex now and is their intention to annex in the future when they would connect to the appropriate line? What would trigger the annexation? Watson: Council Member de Weerd, that's a good question. I don't know. I could take some of these questions back and propose them in written form to the applicant and see if they have a good answer for them and them to appear before you before you make a decision. De Weerd: Okay. That sounds like an excellent idea. MeridJan City Counci' March 4. 2003 Page 6 of 51 Corrie: There are too many questions there that are going unanswered that I couldn't make a decision. Well, Council, do you agree that we need to go back and talk a little bit more on this? Okay. Brad, if you will do that. Watson: I will. Thank you. 2. Appointment to Parks and Rec Committee. Corrie: Thank you, The other item on the Department Report was my appointment to the parks and rec committee. We had two openings in the parks and rec commission and I would like to -- I think you all have the names there and they are -- what they are doing, Two of them I would recommend would be H. R. Bud Porter and Andee Stockton. Mr. Porter would -- his term would be up in January 2005 and Mrs. Stockton would be up in 2004, January the 1st. I would submit those two names for the Council to consider and to approve, then, I will let them know. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve your nominations of H. R. Bud Porter to a term on the Parks and Recreation Commission and also for Andee Stockton to a position on the Parks and Recreation Commission. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Mayor1s appointment to the Parks and Rec Committee. Any further discussion? All those in favor say aye. Opposed no? All ayes. Motion carried. I'll let them know in the morning, then. Thank you. MOTION CARRIED: ALL AYES. Item 5. (Items Moved from Consent Agenda) G. Findings of Fact and Conclusions of Law for Approval: PP 02- 026 Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision by Wardle and Associates - west of North Locust Grove Road and south of East Fairview Avenue: Corrie: Item Number 5 is moved from the Consent Agenda, which was Item G, and this is the Findings of Facts and Conclusions of Law for approval of the Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in a proposed R-40 and C- C zone for the proposed Locust Grove Place Subdivision. At this time, Brad. Meridian City Council March 4, 2003 Page 7 of 51 Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I requested that this item be put onto the- Regular Agenda after reviewing the condition that dealt with the pathway along the Jackson on this -- the north side of this Locust Grove Place townhouse project. I felt that the wording was difficult to understand, as well as there was a couple of other incorrect items that I wanted to clean up. I did give you tonight just those two paragraphs that I was referring to, 2-A-1 on Page 4 is dealing with the Jackson drain pathway. That center -- let's see. The second sentence said the property owner to the east of Locust Grove will work to continue the path extension when property is developed. That sentence is placing a condition on L.C. Development Corporation for property that he does not own or have any control over. Then, the second sentence after that, then, is the city further requires the pathway be paved after it is deeded and, then, I have just recommended a cleaner wording there on the last sentence. Then, that last item, Preliminary Plat, 6-1 on Page 5, is just cleaning up the lot numbers from 9 through 12. It should read two through 12. Wendy Kirkpatrick on our staff did talk with Jonathan Wardle about this. He was in agreement. We also have Scott Stanfield that has worked on the project to answer any questions, but I think we are all in agreement in terms of staff and the developer, so if Council agrees, I'd just ask that these be included in the findings. Corrie: Any questions of Brad? Okay. Is the representative here? Stanfield: Scott Stanfield. If you have any questions I would be glad to answer them. Corrie: Come up here. It's hard for him to hear. Stanfield: Scott Stanfield, Earl & Associates Engineering, 314 Badiola. Just here to answer any questions you might have. Corrie: Any questions? Bird: I have none. Corrie: All right. Thank you. Okay. Hearing no questions, Council, act on the request for Final Plat approval of the -- excuse me. I'm sorry. I'm on the wrong page. Request for Preliminary Plat of Locust Grove Place. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law for approval of PP 02-026, request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in a proposed R-4 and C-C zones for proposed Locust Grove Place Subdivision by Wardle and Associates, west of the North Locust Grove Road and south of East Fairview Avenue. To include the Findings of Facts, specific -- site specific comments done by our staff. There isn't a date on it, but it's Fact 2-A-1, page four, and Meridian City Council March 4, 2003 Page 8 of 51 for the Findings of Fact and the site specifics is page -- is 5-6-1, page five, and include those in it. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 6. Ordinance No. Rules and Policies: Meridian Police Department Corrie: Item Number 6 is -- Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Sorry to interrupt you. Item Number 6 we had asked -- we heard this last week and asked that it be put on this week's agenda. There must have been some communication problems, so it wasn't transmitted to the clerk timely and so -- and the attorney that prepared this was out of town this week, so I should have done this earlier and I didn't realize that it hadn't been transmitted, but] would ask that we simply continue this item for a couple of weeks and, then, we will get to hear it properly like it needs to be and -- Bird: Is that a motion? Nary: Yes. I'd move that we continue this to March 18th. Bird: Second. Corrie: Okay. Motion has been made and seconded to move Item Number 6, the ordinance Meridian Police Department Rules and Policies, until the 18th of March. Any further discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7. Continued Public Hearing from January 28, 2003: Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan: Meridian City Council March 4, 2003 Page 9 of 51 Corrie: Okay. Then,-Item Number 7. This is a Continued Public Hearing from January 28th, 2003, Comprehensive Plan Text Amendments regarding Urban Services Policies in the 2002 Comprehensive Plan. I will continue the Public Hearing at this time and staff comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. You should have received a memo dated yesterday, March 3, from Mark Estess with Ada County Association of Realtors regarding this item. As you may recall, the staff sent the proposed modifications to the Urban Service language to BCA and ACAR asking their boards to actually review and endorse the amendment to our Comprehensive Plan text. As Mark states in his letter, Ada County Association of Realtors has reviewed it, they are referring the city to the North Meridian Area Plan, which, as you know, has proposed urban service policy language in it, much of which compliments and is similar to the city's Comprehensive Plan, but there are a few changes and I did also receive a message from John Eaton with BCA, who although he didn't send a letter in himself, said that he concurred with Mark's letter in terms of their review of our policies. What they are asking for is that the city consider holding off on this, essentially, until -- until we can either meet at staff leve[ with them to make this amendment more palatable and consistent with the North Meridian Area Plan or wait until the North Meridian Area Plan goes through. I guess, you know, this item has been continued for months now and I don't know that there is enough issues from Planning and Zoning's staff perspective to warrant holding this until we get through the complete North Meridian Area Plan process. I think we are -- as you know, we have the Silvercreek Subdivision, Lee Center's project, that you have heard a couple of times and he's going to be next -- on next week's agenda. That's a project that is impacted by this policy of the city. From staff's perspective, we are -- we'd just like time to review ACAR's letter and meet with them again and come back to the Council with a little bit more refinement. Unless you have questions, that's where we are standing right now. Corrie: Brad, I would feel more comfortable if we had a letter from John Eaton as well, rather than just his word that he approves. We need it on paper, so there can be no misunderstanding down the line. I agree, that we need to do it as quickly as possible. Council, any questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: [guess this has been kind of my issue. I should address it. We just got this today, so I haven't really had a chance to look at it either, but would appreciate a little bit further information from staff once you have a chance to talk with them further. In looking at the proposed language in the North Meridian Area Plan, I think it's more c1ose[y aligned to what we have had in the Comprehensive Plan in the past. It really achieves the goals that have been discussed during the Comprehensive Plan Public Hearings, as well as it's more in line to, I think, what staff -- staff's concerns and Meridian City Council March 4, 2003 Page 10 of 51 certainly my concerns have been. This is definitely a step in the right direction, but I would like to have our staff have the opportunity to comment back and maybe we can continue it for another week. Is that going to give you enough time, Brad? I do, as well, think that this is very important that we move it a little bit quicker than it's been going, so Nary: Mr. Mayor? Corrie: I think there is -- Nary: Oh. I'm sorry. Hawkins-Clark: Mr. Mayor, Council, I was just conferring with Public Works, with Brad Watson. I think we -- since there are, you know, a few disagreements and we probably won't come to full agreement, to be honest with you, in terms staff and as he says in his letter that our proposal was unacceptable to them, so -- but I think we would prefer two weeks to really work that out. De Weerd: Okay. Corrie: The 18th? De Weerd: So the 18th? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess part of my -- more of a process question as well. Since what we have is a recommendation from the Planning and Zoning Commission, basically to leave the language as it is, and I'm encouraged by the Association of Realtors suggestion of looking at the North Meridian Plan policies, does it really need to go back to the Planning and Zoning Commission instead, rather than coming back here in two weeks, since we are -- since basically we are going to ignore -- we may ignore their recommendation entirely of leaving it alone. Should it process wise go back there or is it fine just to leave it here? I just don't know, Corrie: Comments? Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I think the Planning Commission, if I recall correctly, had staffs recommended language, if I remember right, and voted to stick with what they had proposed before. I don't think that we are talking about something that has to go back again. Essentially, you have to make the final decision anyway and if there is alternative language -- I mean they are all within the same ambit, it's not like anything is a huge change, so -- and particularly when you look at what the language used to be. I would -- my opinion would be that you can go ahead and continue this for Meridian City Council March 4, 2003 Page 11 of 51 two weeks, an opportunity for staff and any other interested parties to be able to put their positions out there and, then, we can think of what it is you want the policy to be. Nary: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I believe we have had the conversation on whether it should go back to Planning and Zoning or not. I believe in the Planning and Zoning discussions, since they had not dealt with some of the area of impact issues like Powder River and Westborough. That they were not aware of why the current language that we have in the Comprehensive Plan right now did not meet the needs and did not have the knowledge of the background and so they did want it to just come back up here and have the conversation at this level. I think they fully understood it was a little bit above what they have had in front of them. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess so -- I was only concerned about process, I wasn't concerned about whether or not they changed it, I just wanted to make sure that we were properly doing that, but I agree with what was said, I do believe it's just a recommendation from them and we agree with it a little differently, so that's just -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we continue the Public Hearing for the Comprehensive Plan Text Amendment regarding Urban Services Policies in the 2002 Comprehensive Plan to March 18th, 2003. Corrie: Before I hear a second, is there anyone in the public that wants to issue testimony tonight on this? Okay. I will take a second. Nary: Second, De Weerd: Second. Corrie: Okay. Motion has been made and seconded, then, that we continue the Public Hearing, Urban Services Policies, until the March 18th, 2003. Any further discussion? All those in favor say aye. All ayes. Motion carried to the 18th. Meridian City Council March 4,2003 Page 12of51 MOTION CARRIED: ALL AYES. Item 8. Continued Public Hearing from February 25, 2003: PP 02-028 Request for Preliminary Plat approval of 7 building lots and 1 other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision No.5 (formerly known as No.4) by Thomas T. Wright - west of North Eagle Road and west of East Pine Avenue: Corrie: Item Number 8, a Continued Public Hearing from February the 25th, 2003, This is a request for a Preliminary Plat approval of seven building lots and one other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision Number 5, formerly known as Number 4, by Thomas T. Wright, west of the North Eagle Road and west of Eagle -- East Pine Avenue. At this time, I will continue the Public Hearing and invite staff's comments first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This item has been continued twice, I believe, on your agenda, but since the applicant was in a process of reviewing a couple of alignment issues with Commercial, I don't believe that you have seen the presentation, so I'll just quickly highlight the Preliminary Plat that we are talking about. It is Gemtone Subdivision Number 5. It's a small phase. Eagle Road is off the screen here on the right-hand side, but Pine Avenue, as you know, now has a signal at the intersection of Pine and Eagle. Commercial Court is a private street. It was part of Elixir Subdivision, which is here to the east. Commercial Street is private, so it's not showing on this Ada county base map data, but it does extend more or less along the north boundary of these lots shown here on the south side. Union Pacific Railroad has the right of way to the south of this project. Commercial Street public extends from the west and stubs into this southerly lot. The existing four phases of Gemtone Subdivision are here to the north and to the northeast. Here is an aerial photograph of the area we are talking about. The curb here is an abandoned rail spur, railroad spur, that creates that -- it chokes down to about a 50 foot wide strip here and, then, they have purchased -- acquired this lot here on the south end. It is currently vacant ground. Here is a copy of the plat that is -- was originally submitted to the Planning and Zoning Department in process. The reason it's been continued is largely oriented around the extension of Commercial here on the south side and the city -- city staff comments were responded to by Becky Bowcutt, which is dated yesterday, March 3rd, and we have -- they are in agreement with all of our conditions, so I won't go into most of the conditions that we have proposed, with the exception of the issue of the alignment of Commercial. The initial survey did show the private street to be in an incorrect location, as I understand it. It's -- the street is slightly to the north of where it was originally shown, so the engineer was having difficulty getting the geometry to work on the alignment of the center line of these two streets. You should have received I think -- yes -- an amended plat that shows the proposed new intersection. I can let the representative go into a little bit more detail on that, but, essentially, they are proposing to move this intersection that was shown to be -- this Machine Avenue is currently right of way that is deeded to the Highway District as a stub that would extend up to Pine eventually. At this point now they have proposed to have the traffic move east, they would go up Machine Meridian City Council March 4, 2003 Page 13 of 51 approximately 120 feet and, then, there would be a new intersection constructed here that would allow future connectivity between the Elixir project and Machine Avenue and, then, be able to continue out to Nola. I did also receive a written letter from Christy Richardson at Ada County Highway District. They have reviewed this new design and they are in agreement that the Commercial Street could be constructed on the east side of Machine Avenue 125 feet north of the existing Commercial Street. So the Highway District has reviewed this revised plat as well. I think -- I think those are the main -- the main highlights. The triangular shaped lot is actually a buildable lot. Of course, it would primarily be here at the north end in terms of a building. Then, because Machine Avenue -- assuming that it would go to a future full Commercial to extend up to Pine, they are talking about another four feet that would be for future right of way on the Gemtone Subdivision Number 5 plat and, then, a nonbuildable area, essentially, would be here in this tapered area. Like I said, the -- with the exception of a change that was - - it was a correction that Becky had suggested, there with a reference to Settler's Irrigation District on Page 2 of her March 3rd memo, which staff is in agreement with, I think just -- we are recommending approval with those changes. Corrie: Thank you, Brad. Questions for Brad? Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Brad, maybe this is better for Becky as well, but on this -- basically, the only one that's of significance here is this one of the Ada County Highway District condition and we don't have any specific written return from them saying this is what they agree to or we are going to end up in some dispute at some point in the future if we simply amend it saying comply with Ada county and we don't have anything other than this statement from -- on this specifically as to this offset and roadway construction and all that? Hawkins-Clark: Mayor, Councilman Nary, are you referring from the Highway District? Nary: Right. The Highway District specifically. Hawkins-Clark: Yes. Nary: So are we going to -- Hawkins-Clark: I do have something in writing from the Highway District tonight. Nary: Oh. Okay. Great. Do we have it or we don't have it? Just you have it? Okay. But it does comply with what's in the -- Hawkins-Clark: It does. Meridian City Council March 4, 2003 Page 14 of 51 Nary: Okay. Great. Thank you. Corrie: Any other questions? Mr. Nichols. Nichols: Brad, we have a brand new plat with a new date and so forth that has to be referenced in these documents. Hawkins-Clark: Yes, we do. Nichols: Okay. Hawkins-Clark: It is today's date. The revision is today's date, 3/04/03. Nichols: Thank you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess this is just now in front of us, so I'm trying to digest it and it's new information that's being introduced today. I just don't know if -- [ know staff has a comfort level in it, but I'd like to understand, I guess, a little bit more about why this road is moving and I know you tried to explain it to us, but I think Council has tried to maintain some consistency on information that is provided to us in our packet and new information to not make decisions on them on the day that we get it. I guess I would take issue with getting this new information right before the meeting -- or, actually, during the meeting. Corrie: Any other comments? Becky? I think you know where we going, don't you? Okay. McKay: Becky McKay, 150 East Aikens, Suite B, Eagle. New office address. Corrie: Is the testimony you are about to give the truth, the whole truth and nothing but the truth, so help you God? McKay: Yes, it is, sir. Corrie: And new name. McKay: Well, yes. I'm representing the applicant on this development. This has been approved in this simpler configuration as a Preliminary Plat in the past. We received some time extensions from this body. I think we even received a Variance and exhausted all of our ability to extend the original Preliminary Plat. It was the previous planning director's determination that it was best we resubmit a new Preliminary Plat ( Meridian City Council March 4, 2003 Page 15 of 51 and get everything fresh and approved. The problem that occurred is the issue of Commercial Street. -Ada County Highway District did not require that we make any connection from East Commercial Street, which is a public portion, to the portion on Elixir's property that is private. As you well know, this body made a determination when they came through at the Preliminary Plat to make that section of Commercial public. Then, this body at a later date rescinded that condition and stated that they could remain private. It was your staff's determination that at some point in time we should provide a provision to make a connection from the public portion of Commercial to the private portion of Commercial in the event that the private portion ever became public, Ada County Highway District, in their conditions of approval, stated if the City of Meridian requires Commercial Street to be ,extended as a public street to Machine Avenue, then, the applicant shall construct Commercial as a 40 foot street section and a 54 foot right of way, It was not a condition of ACHD's. We deferred this and your staff was well aware of it when we sent survey crews out to locate the location of that new private street and the new private street was thought to be located further south than it is in reality and what transpired -- I mean it's further north than it is in the field. What transpired is we thought it was located right here, so we would swing this down and build Commercial through us and make this intersection work. The private road was not built there. The field location is to its north, so we can't -- I can't make this intersection work. The private road stops right here. It's too close. I can't make it work. We met -- we asked for deferral of this body -- and your staff was aware of that -- to meet with ACHD to work on the geometry of the intersection. What we came up with was the best solution is to offset intersection and ACHD said -- we met with their traffic engineer and they said it makes more sense that if Commercial -- this private section of Commercial every became public, we would provide -- we build this new intersection 125 feet north of East Commercial, the public portion, and, then, they would have to construct this portion to swing it up and intersect. What we are doing is trying to fix a problem that we didn't create and I don't think we should be penalized for it. I mean this is an engineering and geometry issue based on the way an unrelated parcel has constructed a private road that originally was intended to be public. We are providing that avenue so that there could be connection in the future to Machine Avenue, We are improving our portion of Machine, because it's only half plus 12, with no curb, gutter, or sidewalk on our side. We are adding four foot of right of way to Machine Drive where you see that little stub going north. Then, what the Planning and Zoning Commission asked of us and we agreed to, is in the event Machine Drive is ever extended north through that property that's not part of us and connects to Pine, if a building were built on that property, that irregular parcel there, they wanted us to have a 20 foot setback. We would be in compliance with a flanking street setback. On the plat, we provided a 20- foot landscape easement along that corridor. Everything else that's on this plat is identical to what was already previously approved by this body. We already have approved construction plans from the Highway District from the City of Meridian for everything up there on State and Pine and whatever other street we have up there. Hickory Avenue. What we were working on was trying to comply with your staff's wishes to make a new intersection down there at East Commercial and that's when the problem was detected in the field. We are in agreement with your staff. We have no complaints. I gave an explanation of how we solved our problem. ACHD has faxed Meridian City Council March 4, 2003 Page 16 of 51 over a letter -- or e-mailed a letter to Brad stating that they are in agreement. The only thing that I could find in the document prepared by the city attorney was that Settler's comments were messed up and referenced some other property, because they talked about the Settler's main canal, the Coleman Lateral and some other lateral, which are not on this property so laterals are located miles north of this property. They also talked about no discharge of storm drainage into their facilities. Our facility is the Jackson -- is a ditch that leads to the Jackson Drain and we already have an agreement, a license agreement with Nampa-Meridian to discharge. Other than that, this is pretty cut and dry and I think everything is in agreement. Corrie: Becky, when did you know that this change was coming? McKay: I met with the Highway District last Friday was the earliest I could get with them, sir, and so that's why -- and I was of out town until yesterday afternoon. That's why that -- the lateness of that revision. I have kept your staff informed of everything that was going on and how we were attempting to solve that intersection issue. Corrie: Well, one of the things that we are -- and I will say it for them, if they don't want to, is when we get information like this just before we start the meeting, we pretty well understand that why are we getting it now, we haven't had time to look at it. McKay: Yes, sir. Corrie: And my recommendation to the Council would be take another week to look at this and maybe we can get everybody to agree to give it to us before the night of the Council meeting, because I can't read that fast and I know if it came to a two and two tie, I would delay it a week anyway, so -- McKay: Yes, sir. Corrie: -- I don't need to kill the messenger, but we need to make the message loud and clear that we are not going to be receiving things the night of the meeting. The Council may have a different idea than I do, but -- I don't know, but we just don't have time to read these. McKay: Understood. Corrie: And that's my point, so -- McKay: Yes. Well, we try our best in advance, but when we are dealing with other agencies or sometimes we are dealing with the applicant, they won't let us send those to the city until they have reviewed them, so sometimes we are at the last minute. Your message is loud and clear and I will inform my clients that they will haven to expedite their reviews. Corrie: Thank you for understanding, Becky. Any questions? Meridian City Council March 4, 2003 Page 17 of 51 Bird: I have none. Corrie: Okay. Thank you. McKay: Thank you. Corrie: Is there anyone else that would like to issue testimony at this time? Okay. Council? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would concur with your statements about trying to get this information prior to the beginning of the meeting. It is awfully cumbersome, but I guess in this particular one, even though we are getting all the information prior to the meeting, all of the information is everybody agrees. You know, this doesn't, at least to me, concern me as much as some of these other ones that we have had those, because, again, it is not a dispute, it's not us trying to figure out which party wants something or not. I mean this is really, I think, in deference to Ms. McKay, a very difficult problem that sounds like it's been very difficult to resolve, Ultimately, the bottom line is that his document says everybody agrees to it, the Highway District agrees to it, they agree to all the staff comments, they agree to all the recommendations that we were on the record from the Planning and Zoning Commission and this is the only little piece that was to be resolved and that was resolved. I guess I don't have particular concerns on this one, unless everyone else does, but I think this is one where that's what we want, we want them to come here and say everybody agreed to it. Corrie: Thank you, Mr. Nary. Any comments? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess the private-public road issue is -- that still, apparently, hasn't been resolved and whatever decision we make tonight is going to impact that and having the access out into Eagle from the businesses that are located on -- on some of these -- in some of these -- in some of these roads and I just -- ACHD doesn't care if this is public or private, we have had testimony that does care that this is -- this is public and so I'm -- even though we have an ACHD representative here, I'm not really confident that we have really considered all of this and how it connects and -- I guess one thing this does allow, if it does go public, it has the appropriate connection, but it's just -- the way to connect it, it just doesn't look like it flows very well for traffic. I guess you don't really want that access out to Eagle to be easy anyway. Needless to say, I'm not really sure what my point is, but this road has just been an ugly experience. Meridian City Council March 4, 2003 Page 18 of 51 McKay: Becky McKay. Mr. Mayor, Councilwoman de Weerd, we discussed that at the Highway District and we brought in Kendall, their traffic engineer, and Christy and myself, and they determined in looking at the overall vicinity and area map that an off- set of that intersection would probably be better than a straight alignment if that section ever did go public. They said it would make more sense and probably the safety of this intersection would be better. They thought that this was a superior idea than trying to make it all a straight line and it's just -- the way the private road has been built, it won't work, not with the geometry of the existing public section. Whether it is ever public or private, we are providing that option for an ACHD -- an intersection that meets ACHD standards. It may never ever go public, but, still, that option is there for that connection, so we are not closing the door. I think that's what your staff was looking at, because if they didn't take that opportunity here, there would never be a connection to Machine or to Pine and linking all these roadway networks. Thank you. De Weerd: That made it a lot clearer. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I think the question that you're raising is not a question that this property owner has. I mean I think you have raised the exact problem in this area is that private roadway, but they can't fix that, all they can do is fix it on their property and I think that's all they have tried to do, just address it and, then, that other private section may not happen in the immediate future, but when it does, then, this will be connected the best we can. De Weerd: Well -- and the alignment makes a lot more sense, too. Nary: Yes. De Weerd: Okay. Hawkins-Clark: Mr. Mayor? Corrie: Brad. Hawkins-Clark: If I could just also point out that if the Council adopts the recommendation from the Planning and Zoning Commission as it's written, which includes the ACHD commission condition, the ACHD's current condition says they have to construct a barricade -- Jersey barriers at the east terminus of this intersection that we are talking about, so there would be no opportunity for vehicular connection until this whole issue, as Councilman Nary pointed out, is resolved with the private portion of Commercial right now. Meridian City Counci' March 4, 2003 Page 19 of 51 Corrie: Okay. De Weerd: I have nothing further. Corrie: Well, do you want to continue it or close the Public Hearing? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing. Nary: Second. Corrie: Okay. Motion made and seconded to close the Public Hearing. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion on the request for Preliminary Plat? Further discussion? Okay. Then, I will entertain a motion on the request for Preliminary Plat. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of PP 02-028, request for Preliminary Plat approval of seven building lots and one other lot on 12.081 acres in an I-L zone for Gemtone Center Subdivision Number 5, formerly, known as Number 4, by Thomas T. Wright, west of North Eagle Road and west of East Pine Avenue. To include all staff comments, the recommendation of the Planning and Zoning Commission. In addition, with the Preliminary Plat submitted dated today from the applicant, as well as the comments included from the applicant. As well as the addendum from the Ada County Highway District of site specific condition of approval -- site specific condition of approval Number 1 from Ada county. Including the current letter received by the Planning and Zoning Commission with the amendment regarding the offset roadway along Commercial and Machine, for counsel to prepare Findings of Facts and Conclusions of Law and Decision and Order. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to accept the Preliminary Plat with the conditions stated in the motion. Any further discussion? De Weerd: Mr. Mayor? Meridian City Council March 4, 2003 Page 20 of 51 Corrie: Mrs. de Weerd. De Weerd: I guess just as a point before I vote. I will vote for the support of this, but I do really think that we need to draw a line in the sand somewhere on trying to digest this as we are hearing it and that we have this information in our packet and if we keep making exceptions, we will never see a change. Tonight I guess you're just going to have to set -- and realize after tonight, anything not in our pocket we will not consider. It just makes it too cumbersome with the information and trying to consider all the different facts, Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I'm not going to disagree with Councilwoman de Weerd. As I said, I think in this particular case everyone is in agreement and that's exactly what we want. I do not agree that it's even after tonight, J'd say after this one. This may not be -- this may be it of having to wait and get this information at the last moment, but -- Corrie: Okay. Any further discussion? Okay. Mr. Berg, roll call vote. Please. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for Preliminary Plat is approved. MOTION CARRIED: ALL AYES. Item 9. FP 03-010 Request for Final Plat approval of 34 build ing lots and 16 other lots on 82.9 acres in C-C and C-G zones for Bonito Subdivision by W.H, Moore Company - southeast corner of Eagle and Overland Roads: Corrie: Now Item Number 9. This is a request for a Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in a C-C and C-G zones for Benito Subdivision by W.H. Moore Company, the southeast corner of Eagle and Overland Road. Comments from staff first. Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat application is for the southwest corner of Eagle Road and Overland Road. It was approved with a Preliminary Plat, annexation and zoning, and planned development under the name EI Dorado. The Silverstone Subdivision is immediately adjacent to the east. The Thousand Springs Subdivision and the Ridenbaugh Canal abut the south boundary. There is currently Ada county property owned by Mr. Van Auker, as well as the Resolution Subdivision here to the west. They are coming through right now with a full plat, Final Plat application. This was not a phased project. They are proposing to Final Plat the entire 82.9 acres at this point in time. The Final Plat is in substantial conformance with Preliminary Plat that was held. There is one public street connection Meridian City Council March 4, 2003 Page 21 of 51 built -- or it would be built to a commercial standard that abuts more less the center of their property. Again, we are talking about a half-mile project from Overland down to the Ridenbaugh, more or less, so this would be about a quarter mile south of Overland and would be a stub to this unplatted piece to the west. They do have a collector roadway that is taking access here in alignment with Silverstone across the street and that does serve the entire project. They have received approval through the Public Works, building, and Planning and Zoning Departments for a single Building Permit out on the property at this time. Typically, we do allow, if there is an existing legal parcel, we typically allow them to pull one Building Permit prior to the plat actually being recorded, and that is what they have requested approval for. Their building that they have got a permit for is located more or less in the center of the project, taking access off of Eagle Road. The Fire Department has reviewed the grade and the road system. They feel that that's adequate, as long as fire suppression methods are in place out there. That was also approved as a part of the Preliminary Plat. That single building. You should have a memo dated March 4th, ]t's dated March 4th. I believe it was - yes. It's received by the city clerk's office February 28th. In light of the previous item, I should point out that -- that we also have received information late on this project, so I just want to point that out. The applicant received our staff report there on February 28th last week. There was a discussion held this morning at our office with Dave McKinnon and written comment received later this afternoon from Mr. Jonathan See!. The main issue I guess to point out from staff's perspective on this, there is a public pathway that was approved that is along the north boundary of the Ridenbaugh Canal and the requirement was for that pathway, which meanders here on the backside of these six or seven lots here to be within an easement that is in favor of the City of Meridian and would go to serve the Kiwanis Park area, as well as Mountain View High School. Ultimately, that path would continue and serve the high school. That portion is within a public easement. Since it is a planned development, one of their amenities was to provide an internal pathway system that, then, continues up here along their boundary-- along their west boundary and circulates within the project. That is one of the main points that we raised in our staff report about how that internal jogging path that's being networked, although that portion is private, the portion along the Ridenbaugh is public, but the rest would be private and not dedicated. We still are asking for that to be within an easement and that was addressed in our condition number six and seven on page two of our memo. I guess I'd like to ask if Mayor and Council would like me to continue with the memo that we received today from Jonathan Seel or if you would, in light of the last item, like me to hold off and receive input from you later. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to see us go ahead with it. We worked on the one before we can certainly work on this one. Hawkins-Clark: Okay. Thank you. The memo that we received from Mr. Seel today addresses -- let's see. Item Number 4, Item Number 6, Item Number 7,8, and 13. Staff Meridian City Council March 4, 2003 Page 22 of 51 has had an opportunity to review this. The item on Number 4 that the applicant's proposing to strike the standard city requirement that the pressurized irrigation system be approved prior to Building Permits, the drainage lots we agree with striking, because there are no drainage lots, it is all sub surface in this case. Staff does not agree with the strike out that says approved -- they are proposing to strike out approved by the Ada County Highway District, the road base acceptable for fire and emergency equipment, approved by the Ada County Highway District. We, really, as a city staff, are not equipped to test those road surfaces and so we have just always wanted those to be to ACHD standards and not have to go out and test those ourselves. So, we would disagree with that strike out. The addition that he's proposing on number four is this condition excludes the first Building Permit, which was approved by Meridian City Council under the Preliminary Plat. This first permit was granted for the existing legal lot and I think I referred to that, so that's -- that's an agreeable addition. That second paragraph under Item Number 4, all development improvements shall be installed and approved prior obtaining certificates of occupancy. I would suggest adding of the second building, except for those items that could be bonded for, including, but not limited to, landscaping and pressurized irrigation. Our standard ordinance is that the bonding for commercial developments like this suffices for landscaping, We allow them to get their CO's and move in, as long as we have some bonding. The pressurized irrigation, typically, we want that in place when they occupy their -- when they get their certificate of occupancy, so other than the first building, which we have no problem with, for all the subsequent buildings we prefer that the pressurized irrigation be installed and operational and not just bonded for. Item Number 5 is a clarification simply on the Landscape Plans that we have approved for this project, the addition of sheets L-2, and L-3 and we are in agreement with that. Just for clarification, the applicant is still in agreement for constructing the Overland Road -- all of the Overland Road landscaping and all of the Eagle Road landscaping, both of those are 30 foot -- 35 foot wide landscape common lots and they are in agreement that those would be installed. The clarification dealt with the internal landscaping within the roadways and on each individual lot. Then, this Item Number 6 gets to the issue of the -- of the pathway within the project and, as proposed here, the owner is to provide a permanent pedestrian easement in favor of the City of Meridian, proposing to strike: Shall be added to the face of the plat, thafs previously depicted on the Preliminary Plat. They are proposing instead of putting the easement on the face of the plat, to record an easement as a separate easement document, and our preference is to put this clearly on the face of the plat, so that future lot buyers, when they look at the plat, they know that there is an easement that may affect their property, rather than having to trust the title search to bring up the easement as a separately recorded document. We are asking for that to be shown on the face of the plat, instead of a separate document. There is not a difference as to whether or not they are going to construct this path. The main issue is its exact location, as Jonathan points out in his memo. Our recommendation was for that internal pathway that I referred to, to be completely constructed by the time 50 percent of this project is built. This was an issue that we -- frankly, just was an oversight during the Preliminary Plat process. We didn't -- we didn't include discussion or a condition about when that private system -- that private pathway system would have to be constructed, so that's why we are having to deal with it now at the Final Plat Meridian City Council March 4, 2003 Page 23 of 51 stage. That's -- that's dwelt with there in Item Number 7, which Mr. Seel is proposing to delete in its entirety -and, then, he has a proposed alternative to that condition. The pathway would be owned and maintained by the Bonita owners association and placed within a ten-foot pedestrian easement. Again, the issue here is what is the timing and a hammer for the city to insure that this -- that this internal amenity, the pathway, gets built. As it's proposed here in Item Number 7, there really is not timing as to when that would have to go completed, nor is there really anything that says that the city can point to that says it has to be done. I think those are the two big issues on the pathway. Then, Item Number 8 does deal with the sanitary water and sewer services and I'll let Brad Watson speak to that. Watson: Mayor and Council Members, the proposed revision in Mr. Seel's letter of today to site specific comment number eight, I have never seen this particular comment changed, but I don't think that the comment needs to be deleted. The only thing that I can suggest is that the developer has indicated that he has already cooperated with Sundance Development Company and the Silverstone project, as far as payment of latecomer fees. I know I have a letter stating that they intended to do that. I don't have documentation from Sundance Company themselves that these latecomer fees have been paid. I guess my suggestion would be to add to condition number eight, if we need to do that tonight, that -- the second to the last sentence. The applicant shall be subject to latecomer fees to reimburse the parties responsible for bringing service into the area. Unless documentation is provided showing direct payment to the original parties has been made and the original party agrees in writing to release -- or to exempt the applicant from those fees. I need to point out there is two latecomer fees this property will be subject to, too, and I have no indication that the first latecomer agreement has been satisfied by this developer, only an indication that perhaps the second one has. On Item Number 13, pressurized irrigation system, it looks like we have perhaps either a misunderstanding or a change in direction on the ownership of the PI system. When they indicate that the PI is to be owned by an irrigation district, we have a standard comment that we plug into all of these and I can read that verbatim from another project to you tonight, if you so wish, or we can put that together as some sort of a response memo. Thaes all I have, unless you want me to go ahead with reading that statement into the record. That revised condition. Corrie: Any other comments? Bird: I have none. Corrie: Okay. Thank you. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, with regard to the latecomer fees, since that's, essentially, an agreement between the city and the developer that installed the facilities, we need to Meridian City Counci' March 4, 2003 Page 24 of 51 make sure that there is something in writing that acknowledges a payment toward the amount of reimbursement that's set out in those agreements, so that everybody knows exactly how much is left owing on that particular agreement as additional hook-ups are made and additional payments are received from others. Corrie: Okay. Jonathan. Seel: Jonathan Seel. 600 North Steelhead, Boise, Idaho. Representing W. H. Moore Company. First off, before I start with this, I'd just like to clarify something. I apologize for getting this to you today. I was notified Friday afternoon that the staff report was ready. I was out of the office. I was working. I picked it up Monday morning, I looked though it, I met this Dave McKinnon this morning, which would be the first time that we able to get together. We spent quite a bit of time and I went right back to the office, I drafted a letter, and drove it directly over here. I did the best I could. I understand the dilemma after listening to what you were saying to Becky kind of was hitting home there. I just want to let you know that I was not trying to delay this and not saying it was anybody's fault. Again, I apologize for it. I'd also like to say in all this our intent here, I think you know with Winston Moore, is not to try to change things. All I'm simply trying to do here is clarify things that I think are important. This is about a three and a half million dollar project we are going to be starting this year and the last thing I want is some small detail holding things up, because we maybe didn't address it here, so as a result of that, I took the opportunity. Going through the items, number four -- and I'm not sure I completely follow Brad. I'm sorry, maybe I was a little dense on that. All I'm trying to say in number four is that first we do have the right to build the office building now, which we have submitted. Number two, if we do have a suitable road, we do have adequate fire protection and if the suitable road -- if you want ACHD to test it, we will agree to that. ACHD told me they don't typically test the base, they sign off on the road, but we can agree to that. I will handle that. What we want to be able to do is be able to start buildings during the construction process of the infrastructure, so that when the asphalt is in, the paving, the landscaping, and everything else, we hope that we are well on our way on buildings. We are not waiting until the plat is recorded, until everything is completed and signed off, we are in the process. The certificate of occupancy, obviously, is what holds you -- or holds us, so that's where our -- I guess you might call it the hammer. All I was trying to do in this was simply get clarification on that. That's all my intent was on that and nothing else. With respect item five, that's fine. With respect to item six, if there is a problem with it -- and it sounds like there are, we will put on the plat the easements for the pathway. I guess the saying is it's not a hill worth dying for and, in this case, this one isn't. Our concern was a little bit of deviation, but we will deal with that. I don't want to hold the process up. This is very, very critical that we get started on this project immediately. So, we can go back. All I would ask is that the non-encroachable access for buildings and allows us other things, such as pressurized irrigation or gravity feed or other things -- I talked to Dave McKinnon this morning. That would be my only request, so that we are clear, that we can encroach upon with buildings, but if we have a pressurized irrigation line or we have a gravity feed, which is under the ground or something like that, we can put that in. With respect to item seven, if I can -- and here is the dilemma we have. I don't know if -- can you turn that light off? Meridian City Council March 4, 2003 Page 25 of 51 As you can probably see, here is the pathway we have shown, which goes something like this, and around-this way. Again, we don't have any problem with that. We have agreed to that. We would guarantee it. We would give you whatever comfort level you need. Where our dilemma is -- let's say, for example, we put this in on the plat and we put it like this and, then, Hewlett-Packard, Albertson's, whatever it might be, comes in and says I want to take these two lots and I want to put a building right here. All of a sudden we have the pathway there. What we will end up doing, potentially, is about every two months I'm going to be in here saying I need to vacate an easement. Well, I really don't think you want to see me that often. What we are trying to do -- and it's a dilemma and we are struggling with it, too, is the reason we want to avoid it on the plat is for that reason. We can give you an easement that says this is it, with the understanding that staff -- we can go to staff, if a building comes here, and then it jogs up this way and we will tie it in this way. If we have a building that goes here, maybe we would bring it around here. All we are simply doing is asking for the flexibility. Again, when I talked to Dave this morning, one of his -- I asked him, I said, well, what do you do with other parks like this, he said, well, I don't know, we really haven't had to encounter this. Maybe we are blazing new trails here, but we don't want to put it out of there, because, to me, it's almost like a sewer easement and we want to try to avoid the kind of dilemma. We can put that on it. If you want to put something such as 50 percent of the project was developed and at that point the pathway will be constructed, I think that's probably reasonable. I have a few mixed emotions about that, but if that eliminates the dilemma, we can go with that. I would suspect when we get 50 percent of this park built we will have a pretty good idea where the pathway is going to be and we are willing, at that point, to take a risk or -- you know, that could be three or four years down the road and we will deal with it at that point. If staff needs that, as they refer to, to hammer, we can give that to you. I hope you understand that by putting this on the plat it's going to create some real headaches for us potentially. I think we all know that the way this looks right now may not be the way it's going to be developed. This is our best guess at this time and I think -- I have talked to some of the Council members before about this and I think some of them we share our opinions on that so, that's a dilemma. If we need to put 50 percent in, we can live with that. We would, again, still ask that this easement be a separate document and we can work with staff, so we don't have to come back to you. We want to put the jogging path in. We just simply don't know where to put it at this point. That's the situation we have on that and, as I say, as I'm going through this, if you have any questions, I will be glad to answer them. Let's see. Hopefully, I have somewhat addressed that. I'm trying to be short. I understand you have a lot of things on your agenda tonight. With respect to the sanitary sewer -- sewer services for the development -- and we talked about latecomers. That's fine. If you want to put in there something that we have to do that, we do have an agreement with Sundance, which owns Silverstone. We have -- we have come up with the values on that, but we would agree that we would provide you with the adequate documentation to satisfy the city that we have paid that and that either Sundance or whoever cannot come back -- will not come back to us so we can address that. I think that would be fairly simple. With respect item 13, Brad is right, originally we did talk about a private pressurized irrigation and we really grappled with this and it's only, frankly, been within the last two or three months -- two or three weeks, Meridian City Council March 4, 2003 Page 26 of 51 rather, that we decided to go with Nampa-Meridian Irrigation on this. I guess I -- maybe I should have communicated this to city. That's my fault. I simply forgot about that. We can, again, provide to the city the land use application, along with the documentation to them saying that we have submitted it, including any transmittals you want that the plans have been submitted to them for their approval and prior to pre-con, we will have to provide you with an acceptance letter from Nampa-Meridian Irrigation. Again, I guess what I will hopefully want to emphasize tonight is this is an extremely important project. I know this is March, everybody is thinking we have got plenty of time, but if we don't start this project now, we have a reasonable likelihood that we may not be paving in November and that's a critical thing for us for a variety of reasons. Brad said we would have one project right here, which is a major employer that has to be in that building in January. They are moving from Boise. They have to be out of their building. It's Great West Casualty. It's important to us that we get this project done and that we get this project started now. If we don't, we are at risk, and I know that seems like a long way away, but the amount of work we have to do on this project, November will be here very quickly. I apologize if I went through these things -- I guess what I'm trying to say is I think we can work this out, I don't see anything in here that's a detriment, we are just asking for clarification and some flexibility. With that I would be glad to answer any questions. Corrie: Any questions of -- De Weerd: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Seel, I truly empathize with what you're saying, but I guess what I'm concerned with is there seems to be a lot of massaging of these conditions. There is not a lot of them, but there is a lot to sort of digest and I recognize that part of it is not your fault, that we are having to do that, but how imperative is a week? I know in many of these things a week can be significant, but I guess, for me, I want to know from you -- I mean how detrimental to your project is one week going to be? Seel: Well, Mr. Mayor, Council Members, you know, I wouldn't suggest that it's the end of the world. What my desire is, is to take care of this tonight. I'd like to believe maybe I'm idealistic here, that we can get some of these things resolved with staff with the approval of the plat tonight. You know, a week can add up. You know, if this was a residential subdivision -- and I will be in here shortly on another one, a week, two weeks wouldn't bother me. I think every week we have, obviously, helps, because two weeks from now it might be raining and we are shut down for two or three weeks and November is when all of a sudden those days start to add up. Again, I don't see -- you know, I know this is my opinion, I'm a little bit biased on this, but I don't see anything in here that I see as a detriment -- or a problem, I guess, is what I should say. The jogging path is one that hopefully you can understand our situation and I think we can create Meridian City Council March 4,2003 Page 27 of 51 something that will provide you with -- if you want the 50 percent, as staff has asked for, we will provide it 50 percent. You, then, have the hammer. We will put the pedestrian easement back in, all we ask for is that it stays roads. I think the other things is just -- some of it is housecleaning and I think that Item 4, all I'm asking for is just clarification that, yes, once the plat is recorded, once there is a suitable base here on ACHD's approval, that's fine, we will get that or whatever, there is adequate fire flow, we can begin constructing a building. We are not saying certificate of occupancy, we are saying we are about to start constructing a building and that are understanding is to see about -- even pressurized irrigation, if you want the pressurized irrigation in before a certificate of occupancy, we will get that in. Landscape does concern me, because sometimes, you know, you just can't get it all in time. I think we are trying to meet most of your requests, with a few clarifications, so -- so, my desire, quite honestly, is to get it approved tonight. Nary: Thank you, Seel: You probably didn't realize that, did you? McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: Mr. Seel, apologies to you, because I realize that you have been here a lot. Your projects are wonderful and rarely do you make us look at something at the last minute like you are tonight. I would feel a lot more comfortable in making a decision on this if I knew there were agreements on all these points and though you say you think they can be worked out, I want to see that on paper. This is important to us and -- Seel: I understand. McCandless: -- for that reason I don't think a week is going to make that much difference. Seel: Again, like I say, I can't sit here and look you straight in the eye and tell you that a week is going to be the end of the world. It's not. As I say, again, my preference would be to wrap this up and get it approved tonight. Typically, I don't think a Final Plat is a big deal and I -- you know, it's one of those things if we had more time. If that's the only way to do it, then, I have no choice, I have to live with that, and I will work with staff, you know. I think I have pleaded my case. I don't want to beat this ad nauseam for you. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Counci' March 4, 2003 Page 28 of 51 Bird: This is for Brad. Brad, with the pressurized irrigation system on a project this large, do you require all of them to be in before they -- did we require Silverstone's pressurized system to be in? I don't care which Brad. Watson: We were playing rocks, paper, and scissors to see. Mr. Mayor, Council Member Bird, I would hope that it would have been in and active before Building Permits were issued. That's the intent of every subdivision that we do and that's supposedly what our tracking provides. I'm not the one that tracks that, so I can't swear that it was active, but I hope it was. Bird: I know they had to do some lot adjustments and stuff over there at that point and if they would have -- if they would have had their pressurized system in, I'm sure they had to redo a bunch of them, because they had Michael's of Oregon took up two lots or something at that point, so -- I can understand why developers don't like to put it in ahead of time. I didn't realize that was enforced to have it in. I can see residential, but not commercial, because you get some owners who want to take two or three lots up, well, you know, they want to put in a two or three hundred thousand square foot building and a pressurized system, if it's in already, you're redoing it and sometimes you can't get the roots and stuff back. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess J still would like to know where there are disagreements. It just sounds like the applicant has said we can keep Item 6 as is, regarding the public pathway, and being part of the -- as part of the phase of the plat is that correct? Seel: Yes. With the clarification that this is not appropriate for buildings, but we are allowed other items, such as pressurized irrigation or other things, we could just say not encroachable for buildings, De Weerd: And is staff agreeable to that? So -- and on Item Number 4, then, the applicant has agreed to keep approved by the Ada County Highway District and I thought staff agreed with the pressurized irrigation statement; is that a correct assumption, Brad? Hawkins-Clark: For clarification, the -- we agreed that the landscaping -- Seel: We will bond for landscaping. Hawkins-Clark: Yes. Would be bonded for in terms of the -- before an occupancy permit. You know, PI system is, again, a change -- as Brad said, a change of internal procedure. J mean we typically have asked for other than -- it's a little bit confusing there. Right now Mr. Seel and Mr. Moore have the Marlin Subdivision, which is residential, and, of course, the PI system can't be activated until the water flows and ( Meridian City Council March 4, 2003 Page 29 of 51 they have received occupancy permits out there for that reason, but -- so I -- you know, I mean that's the City-Council's calf. I mean our preference is to see the PI in. Seel: Again, as far as the pressurized irrigation system, if we leave that, if that becomes an issue, as far as being activated, we may not -- we may not have it in. You know, until sometime in October, maybe at that point you don't even want to turn it on, maybe -- you know, maybe you haven't your site -- like we did at Marlin, we have it in. We have never turned it on so, you know, that's the only thing. The landscaping is my main concern. Again, we want to get it in. You know, Mr. Moore, as I say, is spending about three and half million dollars, that's what the budget is on this. The entryways by themselves are going to be substantially expensive and he is sparing no dollars -- this is not a requirement of the city to do that, but that's what he's going to put into it. We want to have this thing looking like a Class "A" project it's just sometimes the timing. If we can get the landscaping when we get everything completed this year, obviously, we will do everything we can. I think you have seen some of the things that -- some of his past products, We are not trying to skimp. Even in the arches, the arches by themselves, two of them, probably run between 150 to 200 thousand dollars apiece. That's each one. There are two of them. I think that kind of gives you an idea of what he is -- and that doesn't go to the sidewalk and the streets, that's almost froo froo. I wouldn't tell him that. You know, we are not trying to skimp here. Nary: I'm trying to write this down. Seel: Yes. We are not trying to skimp here. If we can accomplish everything, we will, it's just the timing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Jonathan, the problem is -- and if we are -- if we are doing -- you know, if we are requiring the pressurized irrigation on other developments, which I did not know, but if we are, then I would think that it would be of benefit to do that. Seel: We will do that. Bird: And also the more we can get on plats, Final Plats, the better off we are. We have had some problems with stuff getting left off the Final Plats and so this Council and Mayor, I think, are very, very touchy about what gets on every -- we want every little detail on the Final Plat that we can possibly get, for that simple reason. Seel: Mr. Mayor, Councilman Bird, I -- if I knew where the pathway was-- Bird: Well, that's something else. Meridian City Council March 4, 2003 Page 30 of 51 Seel: Yes. The pedestrian pathway down there on the canal, we will put that in. We will go ahead and do-that. I think at least I have gotten one of the two and if I could put the other one in, I would do it, I would agree to it, I'm just -- if I agree to you today, I'm going to be in front of you a half a dozen times over the next year. Bird: Well, I think that's something that you and the staff can definitely work is that pathway and -- the internal pathway, but the easement stuff has to be on that Final Plat for that -- for the Ridenbaugh pathway. Seel: That's fine. We wlll -- Bird: It's got to be there. Seel: We will put that on. You know, we wlll get the pressurized irrigation system in this year. If that becomes an issue, we will put that in. Just all I ask for is landscaping flexibility and landscaping, again, I emphasize we are going to do everything we can to get that in this year. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess the problem here, Jonathan -- and I understand how weeks can multiply and they really can, but there is just one or two things that we need clear language on and I don't feel that we are there. It's nothing that's simple by just saying keep Item 6 and delete Item 7, 8 and 13 are fine, we need to fine-tune Item 4. It sounds like it's a little bit more complicated in the fact that we need words, so as we instruct our attorney to draw up the Findings, that the findings are going to be fair and we are not going to have a lengthy dissertation on what's wrong with the Findings, then, at that point. [think we just need to do it right and I do understand exactly where you're coming from. We want to give you the flexibility, but if we don't do it right, we might be shooting you in the foot just from that standpoint. Seel: No, I understand where you're coming from, too, and [ can appreciate that. Like I say, I -- you know, we can schedule it for I guess, what, next Tuesday, if I'm understanding? Then, we will just -- you know, we will deal with that. Then -- I certain don't -- I don't disagree, because I think if we have all the language and, then, somebody interprets it different that what you thought -- so that's why I'm trying to avoid it here. If we need to, then, we go over the next week, staff and I will sit down, and we will come up with language that we can come in and just say I like it, thank you very much, and, then, sit down. Bird: We don't want to be in a hurry and leave out stuff, really, we can leave something in there that isn't agreeable to you that you don't pick up, the same that you could leave stuff in there that we don't agree with. Meridian City Council March 4, 2003 Page 31 of 51 Seel: Sure. Bird: And I know how time schedules and stuff are very important in a project this size and stuff, but I have to agree with Councilwoman de Weerd, I think if you can sit down with staff and give us something that we could look at and not have lines crossed out and everything like that, that we can say go for it. Seel: I understand. Yes. I understand and, like I say, I apologize, I know this is a lot with everything else - Bird: And Brad said our staff was at fault, too, so we apologize. Seel: No, we can -- we can sit down and twist our arms. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I think -- not to belabor the point, but I think it is -- I think it's too expensive of a project to do the project -- for us to try to hurry and shoe horn it in and the only thing that keeps running in my mind is Wingate Lane, which doesn't have anything to do with this project, but it is one that the rest of us up here have to deal with. Again, it's just an interpretation of what those -- of what those conditions mean and that's -- I mean I don't have any problem with the plat, I don't have any problems with what we are trying to get to, I think I agree with Councilwoman de Weerd and Mr. Bird, I just want to see the language, so that we are all comfortable and all know what we meant and we all know what we are passing. Seel: Sure. I fully understand and we will just -- it will probably -- you know, one of these days this whole thing we become a non-issue so I can appreciate it. Yes. Bird: If it starts raining week, then -- Seel: Yes. Corrie: Jonathan, before we do what we have to do here, I have known you a long time and I think you have known me a long time and the developers we have known for a long time and because of this we are not -- your integrity and you -- when Becky was here and the others, is not questioned whatsoever. It's what we need to know and, as some of us said, it's a double edge sword, it can hurt both ways if you don't understand all of it and that's what I was trying to get across before so with that I -- Seel: Again, I understand and I appreciate it. Corrie: That's not what we are saying. Meridian City Council March 4, 2003 Page 32 of 51 Seel: No. I appreciate it, we will be back next week, and I think we will all feel a little bit better. You know, things always work out for the best, so I hope they will, too. Corrie: And you have a good project out there and I don't want to see anything go sour because of something we did as well, so -- okay. Seel: Thank you. Corrie: Any other comments? Nary: Do we need a motion? Corrie: Yes, we do. We need a motion to delay this -- Seel: But it will be on next Tuesday; is that correct? Corrie: If they say so. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the request for the Final Plat approval of 34 building lots and 16 other lots on 82.9 acres in a C-C and C-G zones for Bonito Subdivision by W.H. Moore Company, southeast corner of Eagle and Overland Roads, to March 11, 2003. For the applicant and the staff to get together and get the differences worked out and in proper language. Nary: Second. Corrie: Okay. Motion has been made and seconded to table the request for Final Plat to March 11th, next week. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no. All ayes. Motion carried. We will see you next week. MOTION CARRIED: ALL AYES. Item 10. FP 03-009 Request for Final Plat approval of 53 building lots and 6 other lots on 17.67 acres in a R-4 zone for Tricia's Subdivision No.4 by Autumn Faire, L.L.C. - southwest corner of Ustick Road and Black Cat Road Corrie: The next item is Item Number 10. This is a request for Final Plat approval of 53 building lots and six other lots on 17.67 acres in an R-4 zone for Tricia's Subdivision Number 4 by Autumn Faire, LLC, southwest corner of Ustick Road and Black Cat Road. At this time I'd like to have Brad, either one, first. Meridian City Council March 4, 2003 Page 33 of 51 Hawkins-Clark: Thank you, Mayor, Members of the Council. This Final Plat is for the fourth phase of what was originally called Autumn Faire Subdivision, now Tricia's Subdivision. This fourth phase is on the south side of Ustick Road on the west side of Black Cat. Ashford Greens Subdivision is here. The project is in substantial conformance with their Preliminary Plat that was approved a couple of years ago. This final phase is about 17.6 acres. Here on the screen is the Final Plat layout and street configuration. The staff has prepared a memo dated March -- well, it shows 5th, but it was received by the city clerk's office February 27th and we have received a plat back that complies with all of our comments. The Final Plat revision date is stamped February 28th, '03, received by the city clerk's office March 4th, 2003. The main small adjustments that were made -- on these two cul-de-sacs here and here, the original plat showed them just under the 40 foot minimum core distance that we require by our code, so they have basically just tweaked these lots a little bit in their length in terms of their frontage on the cul-de-sacs. The number of lots is the same. Just the frontage has kind of been changed a little bit. There are the two stub streets that come in on the south side from the earlier phase of Tricia's Subdivision. They have a large open space storm water retention area here on their west boundary. They do have a Landscape Plan that is here along Ustick Road and in that common lot that is -- matches what they have already planted on Black Cat Road and so that's -- that's referenced -- that Landscape Plan has been reviewed and we have recommended approval of that. I think with that I would ask for our staff comments be included in your -- any motion you make. Corrie: Okay. Any questions of Brad? Is the representative of Tricia's Subdivision here? Stanfield: Scott Stanfield with Earl & Associates Engineering, Caldwell, Idaho. 215 Badiola. We concur with the staff report, the conditions and requirements, and we don't have any desire to change it. I trust you have everything in your packets. Corrie: Makes it a little easier. Okay. Thank you. Any questions? Bird: I have none. Corrie: Thank you. Okay. Any further discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approval the request for Final Plat of 53 building lots and six other lots on 17.67 acres in an R-4 zone for Tricia's Subdivision Number 4 and ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Meridian City Council March 4, 2003 Page 34 of 51 De Weerd: To include all staff comments. Nary: Including the one from Mr. Freckleton? De Weerd: Oh. Uh-huh. Nary: Okay. Bird: How about the date of the plat? De Weerd: All staff comments and note that the Final Plat is dated 2/28, received on 3/4/03. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Final Plat request is approved. MOTION CARRIED: ALL AYES. Item 11. Public Hearing: Dust Abatement Ordinance: Corrie: Item Number 11 is a Public Hearing, Dust Abatement Ordinance. Is this request by David McKinnon? Is this -- should we delay this again or -- is that what he's asking? Okay. Is there anyone here that would like to issue any testimony on this Dust Abatement Ordinance at this time? Okay. I will open the Public Hearing and, then, invite Council for a motion to continue the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for the Dust Abatement Ordinance until March 18th, 2003. McCandless: Second. Corrie: Okay. Motion has been made to continue the Public Hearing for March the 18th, 2003. Any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council March 4, 2003 Page 35 of 51 Item 12. Public -Hearing: VAR 03-004 Request for a Variance to allow a reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation -- 3545 North Locust Grove Road: Corrie: Item Number 12 is a Public Hearing. This is a request for a Variance to allow a reduction of a front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation, 3545 North Locust Grove Road. At this time, I will open the Public Hearing and invite staff comment first. Hawkins-Clark: Thank you, Mayor, Members of the Council. Item Number 12, Locust Grove Substation Number 3 for the City of Meridian Substation shown here on the screen. As you well know, the property is on the west side of North Locust Grove, Summerfield Subdivision is on the east side. Heritage Commons Subdivision, you can see the portion of the plat here on the north. The request tonight is for a Variance for reducing the front building setback. Here is a sketch and a Landscape Plan of the plan that I believe our Fire Department has reviewed. Chief Bowers is here to make any comments that he would like or questions could be answered. Generally, the Variance request -- as you know, there was some discussion with the Highway District about the . Locust Grove right-of-way width here in this location on North Locust Grove. Originally, the Fire Department understood them to have a little bit more property than ended up being the case. We are still looking for a three -- two lane with a center turn lane section here, but the right of way does encroach a little bit and that meant that the canopy that is on the front of the substation here, doesn't -- it's a -- I think about an eight foot canopy on the front entrance and that projection would project into the front setback. The 30 feet is typical minimum from the property line back to any portion of the structure and they were looking for that to be reduced to 22 feet. The other portion of the Variance has to do with the landscape buffer in the rear of the building here on the west side. Typically, the -- well, the landscape ordinance does require that when you have incompatible uses, like a public -- quasi-public use and residential, that you have a minimum 20 foot wide distance there of buffer. They are proposing to reduce that to five along the middle section of their west boundary. That's, of course, largely to accommodate the turning movement of our engines, so they can make this turn and get to the back of the -- get to the back of the station there for access. Staff has reviewed this. We have -- Steve Siddoway has prepared a memo dated February 27th with an analysis and we are recommending approval of the Variance for the landscape buffer and the building setback. Corrie: Okay. Thank you, Brad. Is the applicant here this evening? Tom? Representative. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Zabala: It is. Corrie: Name and address, please, Tom. Meridian City Council March 4, 2003 Page 36 of 51 Zabala: My name is Tom Zabala and I'm with ZGA Architects in Boise, Idaho. My address is 565 West Myrtle Street, Suite 225. 83702. Mr. Mayor, Members of the Council, we are here this evening representing the Meridian Fire Department and the Meridian Rural Fire Department District. We have had an opportunity to review the staff report and concur with the findings and requirements indicated therein. Be happy to answer any questions that Mayor or Council may have with regard to this particular request for a Variance. Corrie: Any questions? Okay. Thank you, Tom. Is there anyone else from the public that -- for the -- okay. Let's - yes. I have Herb. Come up here, please. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Dalrymple: It is. Corrie: Thank you. Name and address, please. Dalrymple: Herb Dalrymple, 3539 North Locust Grove Road. The original concept as presented to me by the Fire Department that they would have a station that would blend into a residential area. North Locust Grove is exclusively a residential street, other than the couple blocks adjacent to Fairview. Now, their setbacks have conditionally been to protect the value of property, now they wanting to push this out onto the road further. They have already received a gift, so to speak, from ACHD, in that they are only going to have to accommodate two lanes and a turn lane, which is less than what they had originally intended and I was just opposed to this fire station sticking out there that close to Locust Grove Road. It's going to -- there is a church adjacent to my property that has a great deal of traffic and we are going to have this fire station sticking out there like a sore thumb. That's all J have to say about it. Corrie: Okay. Thank you, Herb. Appreciate that. Any questions of Herb? Thank you. No questions, I guess. Thank you. Is there anyone else from the public that would like to issue testimony? Okay. Hearing none, Council, any other discussion on the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess just so I'm clear, there seems to be two things in here -- we are talking about the Variance. It's not just a front setback, it's a rear setback as well; is that right? Five foot in the back. Aside from the -- at least the way I read this report, the only thing that's encroached into the 30 foot setback is just this canopy, just part of the entryway; correct? The building isn't in that, it's just the cover over the doorway to the building; is that what it is? Meridian City Council March 4, 2003 Page 37 of 51 Hawkins-Clark: That's correct. Nary: And I noticed in the staff report it said that this similar Variance was granted on the Ten Mile Substation. Was that the front setback Variance or the rear five-foot setback that was granted or was it both at Ten Mile? Hawkins-Clark: It was just the front. Nary: Okay. That canopy area on the Ten Mile station is in the -- approximately the same amount into the setback area? Hawkins-Clark: That's correct. Nary: Okay. Thank you. Corrie: Any other questions or comments? Bird: I have none. Corrie: Hearing none, I will entertain a motion, then, to close the Public Hearing. Nary: Mr. Mayor, I would move to close the Public Hearing. McCandless: Second. Corrie: All right. Motion has been made and seconded to close the Public Hearing on Item Number 12, the Variance, Number 03-004. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess my only discussion is that it seems like we have set a precedent for this. I guess I would disagree a little bit with Mr. Dalrymple, if the -- the intent is to build this station to look like the Ten Mile Station, I think it does blend with the neighborhood. I don't think there is a -- I don't think it sticks out like a sore thumb and I don't think it sticks out too close to the street. I mean I live a half a mile from that station and I drive by it a lot. I don't see this as a problem. I understand your concern, but I think the intent here is, really, to build a very nice looking station. Certainly, they could not build the front canopy on and it would be -- and do that for the front, but I don't think you'd like it. I don't think you'd like the looks of it. I think the quality here is in that and I think the Meridian City Council March 4, 2003 Page 38 of 51 size of the lot limits the opportunity for this particular station. Probably the only thing I guess I would say ---and it's really, I guess, saying it to us, part of the reason for this problem was that there was some issues of the size of the lot, which wasn't determined until later and that's something we can control in the future and I assume we probably meant to control it in his one, it just didn't happen that way, but we will do a better -- hopefully, a better job for all around in the future, but I guess just don't see this as a big concern. Like I said, I think the Ten Mile Station does blend in and that was the concerns that were raised, so that's alii have. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I would concur with Councilman Nary and I -- it wasn't until the 11th hour that we found out the requirement for the right of way and that really did put us in a predicament with the station. We wanted to maintain the integrity of the functionality of the station without endangering not only the public, but our firefighters as well and having the trucks back out and that's our thing so, we are very restricted. I agree that without the canopy it would take away from the looks and how it blends into the neighborhood. So -- and [ do live over by the Ten Mile Station and it does fit in there very nicely and I think that the neighbors have appreciated how well it does blend. If there aren't any further comments, I would be willing to make a motion to approve the request for Variance to allow the reduction of the front building setback from 30 feet to 22 feet for the Meridian Fire Department Locust Grove Substation. Ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the request for Variance with all staff comments. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. The request for Variance 03-004 is approved. MOTION CARRIED: ALL AYES. Item 13. Public Hearing: CUP 02-047 Request for a Conditional Use Permit for a Planned Unit Development to include adding a new 4 classroom seminary to back of existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects - south of East Overland Road and east of South Locust Grove Road: Meridian City Council March 4, 2003 Page 39 of 51 Corrie: Item Number 13 is a Public Hearing. This is a request for a Conditional Use Permit for a planned unit development to include adding a new four classroom seminary to the back of an existing site in an R-8 zone for the Mountain View Senior Seminary, south of East Overland Road and east of South Locust Grove Road. At this time, I will open the Public Hearing and invite staff's comments first. Brad. Hawkins-Clark: Mayor, Members of the Council, the Conditional Use Permit before you is for a planned development. The site is -- currently has an LOS church on it. The proposal is to add a second principal building here to the backside. The location is on the east side of South Locust Grove Road. The Rim View Subdivision, an Ada county subdivision, is adjacent to the south side. Mountain View High School is located here fully on the east. Resolution Business Park has been annexed a couple of years ago -- not platted, but is here to the north. The Sportsman Point Subdivision is on the west side of Locust Grove. The Hunter Lateral does course along this whole east boundary. Here is an aerial photograph of the area. As you can see, the majority build out residential, lower density residential subdivision here to the south uses, and, then, Sportsman Point, city higher density subdivision here on the other side. This photograph does reflect the first beginning of the foundation work there for the church site and the seminary is proposed to be back here in this location. Here is the site plan that was submitted with their application and, again, the reason it's a Conditional Use Permit is because it's a single lot and they are looking for two separate buildings. They would have separate services -- service -- water and sewer services to each of these buildings. They are looking to add a new parking lot to the backside, around 60 lots or stalls. An open area is here on the north side of the seminary and, again, the Hunter Lateral, which was required to be piped, which is part of the Resolution Subdivision, is here. As this drawing does show, they are proposing to extend their pedestrian walkway across the Nampa-Meridian Irrigation District, Hunter Lateral property. The only comments we have received so far from Mr. Henson at Nampa-Meridian Irrigation District say that the applicant will be required to get the license agreement with them. We have not received any evidence that the applicant has gotten that approval. The staff report did state that the applicant would need to show it, but I do have just one change for you on this condition, if I could just -- Brad, if you could hand that out. It's just one liner, just so if you do want to reference it, just a change there that we would ask that the applicant submit a copy of any executed license agreement when they apply for the Building Permits. That, I thought, was a pretty important piece that was not in the recommendation from the Planning and Zoning Commission, so we proposed just to add there that one last sentence. Applicant shall submit a copy of the executed license agreement with Nampa-Meridian or other evidence of the irrigation district approval for the pedestrian easement across the Hunter Lateral and I guess we probably should add prior submittal of Building Permits. Forgot to add that on there. Other than that, the Planning and Zoning Commission did recommend approval of this project. They did ask that a gate be constructed at the southeast corner of the property within the fence to allow the Rim View Subdivision property owners access to the water -- to their water delivery point. That was a condition added by the Commission and also that they work with the Fire Department to insure that there is proper access in here to Meridian City Council March 4, 2003 Page 40 of 51 get around this building. Other than that, I think the recommendation, with that one change that I submitted, stands as is. Corrie: Thank you, Brad. Questions of Brad? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: With that gate, would that allow the residents to the south to access that bridge over the canal? I think with the school going in there, that might be -- I don't know how -- if there are any access points over that canal -- I just thought I'd ask. Hawkins-Clark: Council Member de Weerd, my apologies for not doing the research, but I believe it's actually piped, so, you know, we are not really talking about a bridge per se. I could be -- I could be wrong. We are looking, but the applicant should be able to clarify that. De Weerd: So it is open further back. Hawkins-Clark: Right. Right but in this particular section -- De Weerd: We can ask the applicant. Hawkins-Clark: We would still look, in the sense it is irrigation district easement, that they would still need to get approval to put the -- even if it's just a surface path, to get the license agreement to go across the top of the tile ditch. De Weerd: Okay. Well, I'm sorry, I know it's open further down the line. I didn't know it was tiled there. Thank you. Nothing further. Corrie: Is the applicant here -- representative here tonight? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Lystrup: It is. Corrie: Name and address, please. Lystrup: My name is Jim Lystrup with Lystrup/Jensen Architects. My address is 1133 Call Creek in Pocatello, Idaho. We are here this evening representing the Church of Jesus Christ of Latter-day Saints. We certainly hope to be able to build this new seminary building to facilitate the members of the church that attend the high school, so they can access the facility and participate in released-time seminary. Do you have any questions for me? Corrie: Did you get a copy of this? Meridian City Council March 4, 2003 Page 41 of 51 Lystrup: I haven't seen that. Corrie: Have you seen it? Lystrup: I haven't seen it. Just what they read tonight. We don't have concern -- Corrie: Okay. I just want to make sure for the record that you have seen it and have no objections to the recommendation. Okay. Any questions of staff -- or, excuse me, of-- Bird: I have none, Mayor. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Just verification that that is piped back there. Lystrup: J was on the site the other day and it was a pile of dirt. Whether or not the canal has been tiled yet I do not know. I know that the church has entered into an agreement with the school district to insure that that happens. The irrigation canal will be tiled at least to the end of our property and I assume -- well, I know that the high school will take it clear to the end of their property. We will participate in the cost of extending through our property. De Weerd: Okay. Thank you. Lystrup: Any other questions? Corrie: Thank you. Richard? Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Schmidt: Yes. Corrie: Name and address, please. Schmidt: I'm Richard Schmidt, I live at 1770 Charlais Drive in Meridian. As you look at the aerial photograph, directing your attention to the southern boundary of the property you will see three residential neighbors. I'm in the center of those three. The entire main irrigation -- I saw it, it's all been in a cement pipe that's totally buried, there is no more open canal from the southern part of that picture all the way to Overland Road. It's totally buried. However, there is a point of delivery for the irrigation water into the subdivision and the church will build a Cyclone fence along the entire southern boundary to the back corner. When they do that, they will eliminate the historic access to the point of origin -- point of diversion for the irrigation water for myself and for my neighbors to the west. There has always been a gate there in that corner since the Meridian City Council March 4, 2003 Page 42 of 51 subdivision was created in about 1978. That's how we have gotten the water. We simply walk around one way or the other to the gate and go in the neighbor's corner of his backyard there and access our water and, then, go out by the gate and we are asking the -- what I'm asking the church to do is simply put a gate in there so we can do this. The church has made a -- well, at the Planning and Zoning meeting, the church consented to the installation of the gate and the Planning and Zoning Commission said they would make it a condition of the Conditional Use Permit and the church consented to that being a condition of the permit. It is understood that there is limited use to that gate. There will be a lock on it maintained by the water users. It will not be an open access gate. The limited purpose of the gate is to allow us to go in the gate into the neighbor's backyard, access our water, come out and lock the gate. There are only two people that will use that gate. Myself and my neighbor to the west. At our expense we will have to have a lock. The church will not involve itself in the locking of the gate. If we leave it open, the church, as I understand it, will remove the gate. They will not allow general access to the public through that fenced backyard and we accept that. If the church does not install the gate, we are locked out of our water and that's the only access we have and that's the historic points. I'm simply asking that the Council accept the recommendation of the Planning and Zoning Commission and include the requirement of the gate as part of the Conditional Use permit, which the church has already graciously agreed to, in any event. I have not heard any objection to this addition to the property and with that request I'm here to speak in favor of the church's application. Corrie: Okay. Thank you. Any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just a minute, Have you seen the language in the recommendation? Schmidt: No, I have not. Corrie: Okay. Nary: The language only indicates that at the southeast corner of this project the gate will allow neighboring homeowners to access their water delivery point. Is there more specificity you would prefer to see? Is that what you're asking? Or do you think that's -- Schmidt: No. If the church is satisfied, I'm satisfied. Nary: Okay. Great. As long as that answers your concerns, that's alii was after. Schmidt: Yes. We need to have the irrigation water. Bird: Mr. Mayor? Meridian City Council March 4, 2003 Page 43 of 51 Corrie: Mr. Bird. Bird: We do have to have the stipulation about locking -- about the locks on the gate, that it will not be a public access. It is strictly -- Schmidt: That's certainly -- Bird: It's just a water user access. It's not a public access. Schmidt: Correct. Bird: So the locks will have to be on it. Corrie: Okay. Any other questions? Okay. Thank you. Schmidt: Thank you. Corrie: Anyone else like to issue testimony in this case? All right. Thank you. Lystrup: I'm sorry, Mr. Mayor. If we could have staff bring that site plan back up. If Mr. Schmidt would just show us where he'd like that gate, we will know where he'd like the gate. Schmidt: I think the overhead photo would work best. Lystrup: Because we want to get it in the right place. Schmidt: Now, the irrigation company delivers water to this homeowner's property at that corner and there is a small local ditch for the subdivision that follows the meander line generally along this direction and goes into this man's property there. It goes out here, goes under his gate, and continues for the purpose of the church and you have a pump in there for you own water. If you were to walk along this line, you will see a gate right in that corner that already exists, which was this man's gate, because this used to be a cow pasture. You just match that gate. In the southeast corner there is an existing gate that has been the one that's been there for 20 plus years. When you add your fence to match that gate, I assume he's going to pull his fence line. I don't know that. With your fence, there I certainly can't go through his gate. Maybe there will be two gates. I don't know. Lystrup: As we looked at that initially, our thought was to leave the fence at least on this side of the property. You have got a six foot high fence now, it's all chain link, we thought about putting a privacy slat in the fence, but we really couldn't see any need to move the fence, so the gate would stay just the way it is, unless -- unless staff recommends that we put a new fence in. Meridian City Council March 4, 2003 Page 44 of 51 Schmidt: I will tell you the genesis of that. Mr. Larry Mower recently retired at the property office in this-area told me that when the church developed this back half, they would repeat the fencing and landscaping now present on the first half, that is going to extend the landscaping and your fence all the way down and, thus, cover the gate. I can assure now, the quality of the fence that's in there now isn't close to what the church puts in, but it's your call. Just don't close our gate. Lystrup: We will do it right. Schmidt: Thank you. Corrie: Thank you, Richard. Okay. One more time, would anybody else like to issue testimony? Okay. Thank you. Council, any questions for the Public Hearing? Hearing none, I will entertain a motion, then, to close the Public Hearing on Item Number 13, the Mountain View Senior Seminary request for a Conditional Use Permit. Bird: So moved. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Hearing none, I will entertain a motion, then, on the request for the Conditional Use Permit for the planned unit development for Mountain View Senior Seminary. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of CUP 02-047, the request for a Conditional Use Permit for the planned unit development, to include adding a new four classroom seminary to the back of an existing site in an R-8 zone for Mountain View Senior Seminary by Lystrup/Jensen Architects, south of East Overland Road and east of South Locust Grove, to include all staff comments, including the one that was submitted tonight in regard to condition B-2, with the additional language on the recommendation of Planning and Zoning, special condition A sub one, adding language that would indicate that locks will be provided by the immediate property owners, gates cannot be used for public access, the gates shall remain on the southeast corner of applicant's property and the traditional water delivery will continue as required by the Idaho Code. McCandless: Second. Meridian City Council March 4, 2003 Page 45 of 51 Nary: And to prepare Findings of Facts and Conclusions of Law and Decision and Order. McCandless: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 14. Public Hearing: RZ 02-009 Request for a Rezone of 0.17 acres from R- 8 to 0- T zones for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Item 15. Public Hearing: CUP 02-048 Request for a Conditional Use Permit for a multi-family dwelling unit in a proposed 0- T zone for Bentley Apartments by Tamura and Associates - 518 East Broadway Avenue: Corrie: Item Number 14 and 15 are Public Hearings. Item Number 14 is a request for a rezone of 0.17 acres from R-8 to an O-T zone for Bentley Apartments by Tamura and Associates, 518 East Broadway Avenue. Then Item Number 15 is a Public Hearing, request for a Conditional Use Permit for a multi-family dwelling unit on the proposed 0- T zone for Bentley Apartments by Tamura and Associates, 518 East Broadway Avenue. Hearing otherwise, I will open the Pu blic Hearing on Item 14 and 15 and invite staff's comments for the Public Hearing. Hawkins-Clark: Mayor, Members of the Council, this rezone request for Item Number 14 is to go from a current R-8 to Old Town. The property is on the north side of East Broadway Avenue near East 5th, just east of East 5th. The Comprehensive Plan does show this property to fall within an area designated as Old Town for -- within the Comprehensive Plan, so the Old Town request is in compliance with that. The next item, Number 15 -- well, I guess here is an aerial photo to show you that there is currently a residential structure and an accessory unit on the backside and there are 4- plexes, generally, in this area currently built out. More industrial uses in nature here on the south side of Broadway. The request is to construct a single 4-plex building on the property. It's proposed to be 3,884 square feet, two stories tall, two units on the first floor and two units on the second floor. The parking that they are proposing would all be accessed off of the alley on the north side of the lot. On this particular layout, Broadway is here on the right-hand side. The sidewalk is currently four feet wide, both on the east and west abutting properties, so they have proposed, rather than a standard five-foot, to go to a four foot wide sidewalk to match the adjacent properties. The Meridian City Council March 4, 2003 Page 46 of 51 access would, then, continue on. The main access to the 4-plex would be here on this side. The parking is -- they are proposing two tandem areas. They have four covered carport parking spaces off of the alley and, then, they have two on the east that are not covered, one would be for a compact here and, then, a standard and, then, the same thing on the west, a compact and a standard. The Planning and Zoning Commission did talk about the width or the -- both the parking arrangement and the width of the sidewalk. The proposal is for this internal sidewalk to just be three and a half feet wide, the one that accesses off of Broadway sidewalk and comes back. That did get some discussion by the Commission, but they -- they did choose to recommend approval of that, given the narrow width of the lot. The one change that the Commission did talk about was there is currently right now no sidewalk provided here in front of the parking stalls. That was requested to be added, so that should someone park in here, they would be able to walk on a sidewalk, instead of having to walk all the way around these cars so that sidewalk would be added as a new feature. The other condition added by the Commission was to extend the fencing. The existing fencing can be used, so that the applicant is not required to put up new fencing. I think the recommendation is fine for staff as it's written, with the exception of number eight, does still state that the internal sidewalk should be five feet, but the minutes do reflect that the motion said that they should be three and a half feet -- or to allow three and a half feet in width. That would need to be a modification in any motion that you make. Elroy Huff from the parks department did go out and take a look at the existing tree that is right in the center of the property and he did determine that to be a dead and dying tree, so staff agrees that it can be removed without mitigation. Here are a couple of the existing site photos. Here is that tree I mentioned. The proposal would be to demolish that house, of course, and, then, construct the new 4-plex and here are the proposed elevations. I think that's alii have at this point. Corrie: Thank you, Brad. Comments? Questions? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Brad, on the ACHD conditions of approval, it's got it down -- if I'm looking at it correctly, it's a five foot wide sidewalk and you're saying it should be four foot to match the existing sidewalk? Hawkins-Clark: Thank you for pointing that out, Mr. Nichols. I hadn't seen that. The site plan does show four to match up with the existing, so -- but, of course, this is -- this is within the right of way, so I think we would need the Highway District's input on that to mod ify it. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Meridian City Council March 4, 2003 Page 47 of 51 Nichols: Mr. Mayor, Members of the Council, just -- if it's your pleasure to approve this, we might just make the four-foot width contingent upon approval of AcHD. Corrie: Okay. Is the representative here for Bentley? Theresa. Is the testimony you are about to give the truth, the whole truth, and nothing but the truth, so help you God? Bentley: Yes. Corrie: Name and address, please. Bentley: Theresa Bentley, 2929 Wildwood, Boise. 83703. Corrie: You have seen all the conditions. Do you have any questions on any of those? Bentley: No. I agree -- I agree with staff. Corrie: Questions of Ms. Bentley? Bird: I have none. Corrie: Okay. Thank you. Anyone else wish to enter testimony at this time? Okay. Hearing none, Council, I will entertain a motion at the pleasure of the -- for the Public Hearing. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move we close the Public Hearing RZ 02-009 and Public Hearing CUP 02-048. Nary: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES? Corrie: Discussion on Item 14, request for rezone from an R-8 to an 0- T for the Bentley Apartments. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Hearing no discussion, I would move that we approve the request for rezone of 0.17 acres from R-8 to O-T zones for Bentley Apartments by Tamura and Associates, Meridian City Council March 4, 2003 Page 49 of 51 Corrie: All ayes. Mot~on is approved. MOTION CARRIED: ALL AYES. Item 16. Item 17. Item 18. Item 19. Public Hearing: AZ 02-030 Request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC - 2683 West Chinden Boulevard: AP 03-001 Request to Appeal Meridian Planning and Zoning Commission's Denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC - 2683 West Chinden Boulevard: Public Hearing: PP 02~031 Request for Preliminary Plat approval of 72 building lots and 8 other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by crestline Development, LLC - 2683 West Chinden Boulevard: Public Hearing: V AR 03-006 Request for a Variance to exceed 1,000 foot maximum block length and Variance to open space requirement for Silverleaf Subdivision by Crestline Development - 2683 West Chinden Boulevard: Corrie: As stated earlier in the meeting today, we have Items 16, 17, 18, 19 are all Public Hearings. I will open all of the Public Hearings, 16, 18, and 19, and is there anyone from the public that would like to issue testimony? Hearing none, I will entertain a motion to continue the Public Hearings on 16, 18, 19, and to have Item Number 17 moved to April the 15th, as request by the applicant. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue Public Hearing AZ 02-030, the request for annexation and zoning of 38.65 acres from RUT to R-4 zones for proposed Silverleaf Subdivision by Crestline Development, LLC, 2683 West Chinden Boulevard, to April 15th, 2003. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? All in favor of the motion say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council March 4, 2003 Page 50 of 51 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we move to AP 03-001, request to appeal Meridian Planning and Zoning Commission's denial of Silverleaf Subdivision Preliminary Plat by Shawn Nickel and Crestline Development, LLC, 2683 West Chinden Boulevard, to April 15th, 2003. Nary: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we continue Public Hearing PP 02-031, request for Preliminary Plat approval of 72 building lots and eight other lots on 38.65 acres in a proposed R-4 zone for proposed Silverleaf Subdivision by Crestline Development, LLC, 2683 West Chinden Boulevard, to April 15th, 2003. Nary: Second. Corrie: Motion made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. MOTION CARRIED: ALL AYES. Corrie: Mr. Bird. Bird: Mr. Mayor, I move that we approve or continue Public Hearing VAR 03-006, request for Variance to exceed 1 ,OOO-foot maximum block length and Variance to open space requirements for Silverleaf Subdivision by Crestline Development, 2683 West Chinden Boulevard, to April 15th, 2003. Nary: Second. Corrie: Motion has been made and seconded. Is there any further discussion? All those in favor of the motion say. Opposed no. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council March 4, 2003 Page 51 of 51 Corrie: Before we have a motion for the closing of the meeting, I'd like to invite the representative from ACHD to come up and identify himself give his name and address. He will be our new representative from ACHD so welcome. Mills: Thank you, Mr. Mayor, Council Members. I'm Bruce Mills from the ACHD and I'm the manager of the right-of-way development services section and I will be happy and looking forward to working with all of you. I have some business cards I can hand out. Corrie: Thank you very much. We are looking forward to working with you. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I have just two things. One is the update on the annexation bill. Our attorney represented our city very nicely with arguments against House Bill 274 and the end result was it's being held in committee, so, essentially, that means the bill is dead, at least for this year. Secondly, I was hoping to get an update on the Planning and Zoning Commission director position and the process of hiring. Corrie: We will start the process next week and we have the committee that will be sitting in on the interviews and, hopefully, within three weeks we will have it done and I will give you the recommendation and you will have the resumes of the ones that I recommend. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Are we staying with the format that we mostly have used all the time? And I know I didn't get -- being liaison at the parks, I didn't get to see the parks, because of my hospitalization, but are we having the liaison from Planning and Zoning sit in on this, too? Corrie: As far as I know. Bird: Okay. Corrie: That's being worked out right now so anything further? De Weerd: So those interviews will be held next week? Corrie: Next week and we will figure out when we can meet, so -- De Weerd: Okay. Thank you. Mr. Mayor, I move we adjourn. Meridian City Council March 4, 2003 Page 52 of 51 Bird: I second that. Corrie: Okay. All in favor say aye. All ayes, Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:36 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: R~YOR 4-/ g /03 DATE Item Packet Pickup ale 3/4 /63 February 28,2003 V AR 03-002 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. March 4, 2003 ITEM NO. 3.....C REQUEST Findings - Request for a Variance to allow a one-year Time Exentsion for filing the Final Plat for Baltic Place Subdivision - south of East Franklin Road, west of South 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 Findings ~ pdv fIf({tf () If rJv r tvr r r S {it Contacted: Date: Phone: ~g7,17laO ~~ bllc meetings shall become pro erty ofthe City of Meridian. RECEIVED MAR 0 5 2003 City Of Meridian City Clerk Office CIC 02-18-02 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., FOR A ) VARIANCE FOR TIME EXTENSION ) OF ONE YEAR TIME FRAME FOR ) SUBMITTING THE FINAL PLAT ) FOR BALTIC PLACE SUBDIVISION, ) LOCATED 1095 E. FRANKLIN ROAD ) GENERALLY SOUTH OF EAST ) FRANKLIN ROAD, WEST OF ) SOUTH LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) V AR-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 18, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Clint Boyle, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice ofits Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-002 BALTIC PLACE SUBDIVISION I PINNACLE ENGINEERS, INC. Page 1 of8 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code SS 67-6509,6516 and Meridian City Code Ss 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Pinnacle Engineers, Inc., whose address is 12552 West Executive Drive, Ste. B, Boise, Idaho 83713. 4. The owner of the property is L.c. Development, Inc. - Lee Centers, whose address is P.O. Box 518, Meridian, Idaho 83642. 5. The location ofthe subject property is presently located in a C-G and R-40 (General Retail and Service Commercial District and High Density Residential District), and which subject property is located at 1095 E. Franklin Road generally south ofE. Franklin Road, west of S. Locust Grove Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is on record in the Meridian City Clerk's office, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as C-G and R -40 (General Retail and Service Commercial District and High Density Residential District), and which subject property is presently vacant land with development for office and multi-family development for a subdivision to be known as Baltic Place Subdivision. 8. The proposed land use of subject property is to develop the subject property with office and multi-family development, and which subdivision has been developed and is now known FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE! V AR-03-002 BALTIC PLACE SUBDIVISION! PINNACLE ENGINEERS, INC. Page 2 of8 as Baltic Place Subdivision. 9. That a vicinity map, which is on record with the Meridian City Clerk's office, with the proposed scale approved by the City Council shows property lines, existing streets, proposed district and such other items as required which has been furnished. 9. The Applicant seeks a variance ofthe following provision ofthe Meridian City Code, 912-3-6C, APPROVAL PERIOD, and in the C-G and R-40 zone if granted the fe-zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void if the applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Councll and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. The special circumstances or conditions affecting the property which the strict application of the provisions of this Title would clearly be impracticable or unreasonable are that the Ada FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 3 of8 County Highway District still needs to begin and complete construction on Franklin Road adjacent to the proposed development, as ACHD plans to widen Franklin Road and a final development plan cannot be drawn up because ACHD's construction project would be very disruptive to the development and marketing of the project. The site's access to Franklin would be limited during the road widening project, but per staffs findings, it does not find that the reasons cited above make the required submission impracticable and unreasonable. 13. The strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adj acent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements ofthis Title will result in inhibiting the achievements or the objectives of this Title are that strict compliance with the requirements ofthis Title are not due to unusual topography, or other physical conditions ofthe site. The Franklin Road widening project adjacent to Baltic Place may hinder the development of the project in the near future. Additionally, some discrepancies when the development agreement and annexation actually were adopted are in question. 14. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated because it is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-002 BALTIC PLACE SUBDNISION / PINNACLE ENGINEERS, INC. Page 4 of 8 15. That such variance will not have the effect of altering the interest and purpose ofthis Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan if only a one year time extension is approved. 16. Granting the variance would maintain rights which would be afforded to others in the same situation. 17. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Plmming Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code ~ 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code g~ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code ~ 11-18-2, and the findings which are required are set forth in Meridian City Code ~ 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-002 BALTIC PLACE SUBDNISION / PINNACLE ENGINEERS, INe. Page 5 of8 and umeasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives ofthe ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-3-6C, APPROVAL PERIOD, and in the C-G and R-40 zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A ofthis Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end ofthe said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARIANCE IV AR-03-002 BALTIC PLACE SUBDNISION I PINNACLE ENGINEERS, INe. Page 6 of8 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for time extension of a one year time frame until October 2,2003, for submittal of the final plat for Baltic Place Subdivision in the C-G and R-40 zone. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code Section 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 a variance authorizing a variance ofthe AFPROV AL PERIOD requirements in the C-G and R-40 Zones as provided in the Section 12-3-6C and may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -"'-Ii; ~ day of /Il.Mclv ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED fleev COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-03-002 BALTIC PLACE SUBDIVISION I PINNACLE ENGINEERS, INC. Page 7 of8 MAYORROBERTD. CORRIE (TIE BREAKER) DA TED: .-- VOTED MOTION: APPROVED:~ - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ByJf~P~ ~ City Clerk Dated: 3- 4- --tl3 - - Z:\Work\M\Meridian\Meridian 15360M\Baltic Place Sub V AR 03002 Time Extenson File Plat\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INe. Page 8 of8 R CEIVED FEB 2 6 2003 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC., FOR A ) VARIANCE FOR TIME EXTENSION ) OF ONE YEAR TIME FRAME FOR ) SUBMITTING THE FINAL PLAT ) FOR BALTIC PLACE SUBDIVISION, ) LOCATED 1095 E. FRANKLIN ROAD ) GENERALLY SOUTH OF EAST ) FRANKLIN ROAD, WEST OF ) SOUTH LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) City Of Meridian City Clerk Office C/C 02-18-02 V AR-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on February 18, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Clint Boyle, appeared and testified, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A V ARlANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INe. Page 1 of9 Resolution No. 02-382 and Maps. 2. The requirements ofIdaho Code S~ 67-6509, 6516 and Meridian City Code ~~ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Pinnacle Engineers, Inc., whose address is 12552 West Executive Drive, Ste. B, Boise, Idaho 83713. 4. The owner ofthe property is L.e. Development, Inc. - Lee Centers, whose address is P.O. Box 518, Meridian, Idaho 83642. S. The location ofthe subject property is presently located in a C-G and R-40 (General Retail and Service Commercial District and High Density Residential District), and which subj ect property is located at 1095 E. Franklin Road generally south ofE. Franklin Road, west of S. Locust Grove Road, Meridian, Idaho. 6. The legal description ofthe property appertains to the real property that is included within the Vicinity Map, and is on record in the Meridian City Clerk's office, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subj ect property is presently zoned as C-G and R-40 (General Retail and Service Commercial District and High Density Residential District), and which subject property is presently vacant land with development for office and multi-family development for a subdivision to be known as Baltic Place Subdivision. 8. The proposed land use of subject property is to develop the subject property with office and multi-family development, and which subdivision has been developed and is now known FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INe. Page 2 of9 as Baltic Place Subdivision. 9. That a vicinity map, which is on record with the Meridian City Clerk's office, with the proposed scale approved by the City Council shows property lines, existing streets, proposed district and such other items as required which has been furnished. 9. The Applicant seeks a variance of the following provision of the Meridian City Code, S 12- 3-6C, APPROV AL PERIOD, and in the C-G and R-40 zone if granted the re-zone, which provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval ofthe preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination ofthe said one year period as stated in subsection A ofthis Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. 11. All property owners within three hundred feet (300') ofthe external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. The special circumstances or conditions affecting the property which the strict application of the provisions of this Title would clearly be impracticable or unreasonable are that the Ada FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INe. Page 3 of9 County Highway District still needs to begin and complete construction on Franklin Road adjacent to the proposed development, as ACHD plans to widen Franklin Road and a final development plan cannot be drawn up because ACHD's construction project would be very disruptive to the development and marketing of the project. The site's access to Franklin would be limited during the road widening project, but per staffs findings, it does not find that the reasons cited above make the required submission impracticable and unreasonable. 13. The strict compliance with the requirements ofthis Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements ofthis Title will result in inhibiting the achievements or the objectives ofthis Title are that strict compliance with the requirements ofthis Title are not due to unusual topography, or other physical conditions of the site. The Franklin Road widening project adjacent to Baltic Place may hinder the development of the project in the near future. Additionally, some discrepancies when the development agreement and annexation actually were adopted are in question. 14. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated because it is found that the requested variance will not necessarily be detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LA W AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDNISION / PINNACLE ENGINEERS, INe. Page 4 of9 15. That such variance will not have the effect of altering the interest and purpose ofthis Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will not violate the intent and purpose ofthe Meridian City Code and the Comprehensive Plan if only a one year time extension is approved. 16. Granting the variance would maintain rights which would be afforded to others in the same situation. 17. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code ~s 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe provisions of Zoning and Development Ordinance would clearly be impracticable FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 5 of9 and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes ofthe Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, S 12-3-6C, APPROVAL PERIOD, and in the C-G andR-40 zone if granted the re-zone, provides as follows: 12-3-6 APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval ofthe preliminary development plan shall become null and void ifthe applicant fails to submit the final development plan within one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A of this Section, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end ofthe said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INe. Page 6 of9 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance for time extension of a one year time frame until October 2,2003, for submittal of the final plat for Baltic Place Subdivision in the C-G and R -40 zone. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance ofthe APPROVAL PERIOD requirements in the C-G and R-40 Zones as provided in the Section 12-3-6C and may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ,2003. ROLL CALL: COUNCILMAN KEITH BlRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 7 of9 MAYORROBERTD. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: City Clerk Dated: Z:\Work\M\Meridian\Meridian I 53GOM\Balic Place Sub V AR 03002 Time Extensrn File Plat\FfClsGrantVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-03-002 BALTIC PLACE SUBDIVISION / PINNACLE ENGINEERS, INC. Page 8 of9 February 28,2003 AZ 02-027 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates March 4, 2003 ITEM NO. 3-F REQUEST Findings - Request for zoning boundary modification of R-40 and C-C zones on 11.76 acres for proposed Locust Grove Place Subdivision - west of North Locust Grove Road and south of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: contacted:J~\,j \0t'kfCUu Date:.:J/~~s Phone: ClMiliJJ )Zk~ Materials presented at publtc meetings shall become property of the City of MerIdian. See attached Findings .\fJ/ tiJfro RECEIVED FEB 2 6 2003 City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 02-18-03 IN THE MATTER OF THE ) APPLICATION REQUEST FOR ) ZONING BOUNDARY ) MODIFICATION OF R-40 AND C-C ) ZONES FOR 11.76 ACRES FOR ) PROPOSED LOCUST GROVE ) PLACE SUBDIVISION, LOCATED ) ON THE WEST SIDE OF N. ) LOCUST GROVE RD., % MILE ) SOUTH OF E. FAIRVIEW AVE., ) MERIDIAN, IDAHO ) ) WARDLE & ASSOCIATES, ) APPLICANT ) Case No. AZ-02-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION The above entitled annexation and zoning application having come on for public hearing on February 18, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Jon Wardle, and Lee Centers, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIF'ICA TION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for zoning boundary modification is described in the application, is approximately 11.76 acres in size and is located on the west side ofN. Locust Grove Rd., 14 mile south ofE. Fairview Ave., Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Plalll1ing Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is L.c. Development, Inc., P.O. Box 518, Meridian, Idaho 83680. Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway Ave., Ste. B, Boise, Idaho 83702. 5. The property is presently zoned R-40 & C-C (High Density Residential and Community Business), and consists of vacant land. 6, The Applicant requests the property be re-zoned to allow additional R-40 and less C-C (High Density Residential and Community Business). 7. The subject property is bordered to the north by commercial properties, to the south by Danbury Fair Subdivision, to the east by Ada County property zoned RUT, and to the west by Danbury Fair Subdivision No.2 and Pelll1 Station Apartments. 8. The Applicant proposed to develop the subject property in the following manner: Twenty-two single family detached residential, fifty-two single family attached, two commercial lots and eight common/drainage lots. 9. The Applicant requests zoning of the subject real property as R-40 and C-C, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as High Density Residential. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 12. Giving due consideration to the conunents received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ANEXATION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Conunission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way and at the correct vertical difference from the center of the road (see District staff). Coordinate the location and design of the sidewalk with District Design staff (387-6225). lfthe sidewalk is constructed outside of the right-of-way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south ofthe north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027) 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 Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) change the planned use of the subject property unless a waiver/variance of said requirements or-other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1 ,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide aminimumofa20' clear driving surface available at all times. 13. It is found that the proposed zone change is not in compliance with the Comprehensive Plan, the Comprehensive Plan designates the subject property as "High Density Residential". The subject property was originally rezoned to C-C under a previous Comprehensive Plan which permitted the C-C zoning designation. The proposed rezone will reduce the area which is not in compliance with the current Comprehensive Plan_ 14. It is not anticipated that the applicant intends to rezone the subject property in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) 15. It is found that the proposed commercial buildings and residential development will be allowed within the requested C-C zone, (if accompanied with an approved Conditional Use Permit for a Planned Development). 16. It is found that the areas surrounding the subject property have been rezoned and developed at a medium density that is conducive to commercial development. Several commercial properties are located in the vicinity of the subject property. 17. It is found that the proposed use (commercial and residential) will not change the existing or intended character of the area, which is medium-high and high density residential. 18. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD and Fire Department's comments concerning this subdivision will provide further information regarding public services. 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed commercial development, as conditioned through the development agreement, will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also recognized that traffic and noise will increase with the approval of this subdivision; however sit is not felt that the amount generated will be detrimental to the public welfare of the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) 22. It is found that the commercial property's vehicular traffic approaches off of Locust Grove will create new interference with the existing traffic on Locust Grove, however, it is not believed that the conunercial property will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation of this property would be in the best interest of the City. 25. It is found that ifthe developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character ofthe general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of High Density Residential (R-40) and Connnunity Business District (C- C) are defined in the Zoning Ordinance at S 11-7-2 F and I as follows: (R-40) Hil!h Densitv Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. AND (C-C) Community Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027) business, and to encourage the development of modem shopping centers with adequate off- street parking facilities, and associated side amenities to serve area residents and employees; to provide strip conunercial development and encourage the clustering of conunercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized inigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for zoning boundary modification of approximately 11.76 acres to High Density Residential (R-40) and Conununity Business (C-C) are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for zoning boundary modification of 11.76 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND CwC ZONES FOR LOCUST GROVE PLACE SUBDMSION (AZ-02-027) shall conform to all the provisions ofthe City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-zoning, with the City of Meridian, which provides for the following conditions of development, to-wit A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: ANEXATION AND ZONING COMMENTS 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested materiaL The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way and at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) correct vertical difference from the center of the road (see District staff). Coordinate the location-and design of the sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of the right-of-way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of24- feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100-feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDMSION (AZ-02-027) 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDNISION (AZ-02-027) C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the zoning boundary modification designation ofthe real property which is the subject of the application to (R-40) High Density Residential and (C-C) Community Business Districts, and Meridian City Code S 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ * '"T ~ day of 111 MC/V ,2003. ROLL CALL COUNCil.,MAN KEITH BIRD VOTED~ VOTED~ COUNCil.,WOMAN TAMMY deWEERD COUNCil., WOMAN CHERIE Mc CANDLESS VOTED ~ VOTED~ COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 3-4--03 MOTION: ~ APPROVED:j~PPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and . \,\\1111111/// the City Attorney. '\'\\'Of M;_-D'lllll ",... ~I '-I rlDJ 11// ~ :<,." ..-1 'l ~ .:::-...'\. "'?01;/A .,1,.......... ~ V' 01' '''ih ~ ~ ,:-// _ L~. ~ .:; .;;.0 ~() ~ By' ~/d-- Dated: :J --1---tJ 3 ! ~ t City Clerk -" I. :: :: : '"7. & 2 Z:\Work\M\Meridian\MeridianI 5360M\l.ocust Grove Place Sub AZ-02-027 PP-02-026 CU~2dM l&OrdeL~ O,g ~ ,..<) l' 151 . .:f- $ ~".i: ""1 -of:) X' ,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 "~L(II ~bui\rr'{. \\\\", AND DECISION AND ORDER GRANTING APPLICATION "I;I:n",.; .,.0\\"\\' FOR ZONING BOUNDARY MODIFICATION OF R-40 AND C-C ZONES FOR LOCUST GROVE PLACE SUBDIVISION (AZ-02-027) -- VOTED February 28,2003 CUP 02-041 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates March 4, 2003 ITEM NO. _3... H REQUEST Findings - Request for a Conditional Use Permit for a Planned Development for 74 townhouses and 2 office/commercial lots on 11.76 acres for proposed Locust Grove Place Subdivision - west of North Locust Grove Road and south of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEfT: 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 Findings vJ/ tipr J~11\ ~()IJH~./ Date: u/1J/' Ips- t MaterJals presented at public meetings shall become property of the City of Meridian. Phone: p.JN\ 0\A11. A.. Contacted: ~tl~C~l V j!;l,) FEB 2 7 2003 City Of Meridian BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN City Clerk Office IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCUST GROVE PLACE SUBDIVISION IN R-40 AND C-C ZONES, LOCATED ON THE WEST SDIE OF N. LOCUST GROVE ROAD, 'l4 MILE SOUTH OF E. FAIRVIEW AVE., MERIDIAN, IDAHO WARDLE & ASSOCIATES, APPLICANT C/C 02/18/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-041 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on February 18, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Jon Wardle, and Lee Centers, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for February 18, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 18,2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in R-40 and C-C zones and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the west side ofN. Locust Grove Road, ~ mile south of E. Fairview Ave., Meridian, Idaho. 5. The owner ofrecord of the subject property is L.C. Development, Inc., P.O. Box 518, Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 6. Applicant is Jonathan Wardle, Wardle & Associates, 50 Broadway Ave., Suite B, Boise, Idaho 83702. 7. The subject property is currently zoned R-40 and C-C. The zoning districts ofR- 40 and C-C are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Plmmed Development consisting of74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres. The R-40 and C-C zoning designations are within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as High Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognized the concerns of Wendel Bigham, Joint School District No.2, expressed in his letter dated November 4,2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Plalll1ing & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O zone will require a new conditional use permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all ofthe requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5- foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way and at the correct vertical difference from the center of the road (see District staff). Coordinate the location and design ofthe sidewalk with District Design staff (387-6225). lfthe sidewalk is constructed outside of the right-of-way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 3. Rep lace .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 Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities witmn the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 6 change the planned use of the subj ect 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which is comprised of one and two family dwellings will require a fire-flow of 1,000 gallons per minute and shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFe 901.4.2 & 901.3, 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require a fire- flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Reconunendations of Settlers Irrigation District as follows: 1. All inigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary ofthe property just south ofthe Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. Ifthis development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. H. Adopt the action ofthe City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. 14. That the subject property is large enough to accommodate the requested use and all other required features. 15. The current Comprehensive Plan Land Use Map designates the subject property as "High Density Residential" and "Community Business District". It is found that the proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The proposed commercial uses are not supported by the Comprehensive Plan, however, the original zone change which created the C-C zoning designation was permitted under the City of Meridian's previous Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, and reduced setbacks, and a 20% exception for uses permitted by the zoning district. If the project is approved as a Planned Development, it will meet the minimum requirements of the Meridian City Code. 16. It is found that the proposed residential subdivision use will be harmonious with the intended and existing character of the area. Danbury Fair Subdivision, directly south and west ofthe proposed project is similar in density and size to the proposed use. 17. That the proposed use, ifit complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity. 18. That the proposed use will be served adequately by essential public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT - 9 services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. 19. 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 ofthe community. 20. It is found that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. 21. That the proposed use will not create significant interference with any traffic on the surrounding public streets. ACHD did submit a report for the project. 22. 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. Existing trees greater than 4" caliper must be retained or mitigated for, ifremoved. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and,in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d, That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to- create interference with traffic on surrounding public streets; and L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the High Density Residential District (R-40) and Community Business District (C-C), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17 -6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres in R-40 and C-C zones located on the west side ofN. Locust Grove Road, Y4 mile south ofE. Fairview Ave., Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 A. Adopt the Recommendations ofthe Planning & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L- o zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-Q zone will require a new conditional use permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all ofthe requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way and at the correct vertical difference from the center of the road (see District staff). Coordinate the location and design of the sidewalk with District Design staff (387-6225). Ifthe sidewalk is constructed outside of the right-of-way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet FINDINGS OF FACI' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south ofthe north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe 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 Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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 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 ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which is comprised of one and two family dwellings will require a fire-flow of 1,000 gallons per minute and shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of20' available at all times. The typical street width of34' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1, E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 degradation. F. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary of the property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. 1. Adopt the action ofthe City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date oftrus decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the -f'b 4- :--- day of !J1(/{/LU!v ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ VOTED~ COUNC~WONU\NT~deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 COUNCILMAN WILLIAM L.M. NARY VOTED* MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-4---D3 VOTED --- MOTION: ~ APPROVED. DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\\1111 rlll/(I/ \\\ f le -, I" "" --l. 0 fVlt:.FtI.I) 11/(( ", ~..;:"'1(";" ::;:.:::-" () o?POR.<l)'; <-1; ~ ..... -">.0 <.~ ... ::: ~ v ~ 3 - 5',P3 ~ ~ BY;/!~fr~f~ City Clerk Dated: Z:\Work\M\Meridian\Meridian 15360M\Locust Grove Place Sub AZ-02-027 PP-02-026 CUP-02-04 l\FfClsCUP02-041 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR LOCUST GROVE PLACE SUBDIVISION IN R-40 AND C-C ZONES, LOCATED ON THE WEST SIDE OF N. LOCUST GROVE ROAD, ~ MILE SOUTH OF E. FAIRVIEW AVE., MERIDIAN, IDAHO WARDLE & ASSOCIATES, APPLICANT CjC 02/18/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-041 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the February 18,2003, under the provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of 74 residential lots including 22 detached single family homes and 52 attached single family homes, two (2) commercial lots, eight (8) landscape, storm drain, and common lots on 11.76 acres in R-40 and C-C zones located on the west side ofN. Locust Grove Road, ~ mile south ofE. Fairview Ave., Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-041) -1 A. Adopt the Recommendations of the Planning & Zoning Commission as follows: 1. All uses within the C-C zone (Lots 59 and 60) shall be in conformance with the L-O zone. All uses proposed on Lots 59 and 60 that are not permitted uses within the L-O zone will require a new conditional use permit. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of-way and at the correct vertical difference from the center ofthe road (see District staff). Coordinate the location and design ofthe sidewalk with District Design staff (387-6225). If the sidewalk is constructed outside of the right-of-way, the applicant must provide an easement. ORDER CONDITIONAL USE PERMIT (CUP-02-041) -2 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100- feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction ORDER CONDITIONAL USE PERMIT (CUP-02-041) -3 Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements ofthe 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 #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe 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. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project which is comprised of one and two family dwellings will require a fire-flow of 1,000 gallons per minute and shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. ORDER CONDITIONAL USE PERMIT (CUP-02-041) -4 2. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require a fire- flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifonn Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER CONDITIONAL USE PERMIT (CUP-02-041) -5 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary of the property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan reviewlinspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. G. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. H. Adopt the action of the City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all ofthe lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type- (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted), and the fencing plan shall be submitted prior to submittal of the Final Plat. 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. ORDER CONDITIONAL USE PERMIT (CUP-02-041) -6 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. A_--a- By action of the City Council at its regular meeting held on the L day of )Jz~ , , 2003. D. Come, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Bydl~p~9-. City Clerk Dated: $- 5"--& 3 \\\\\\11111 HilI!_ \\\ .- ,J1.' '/1,. ,-.\\ ~{ Or 1i.c.Ffir... 11// ;:;.':-<,.... -{:'1 //., ~'c} ",PO,t) A ,,'7~ ',/ "' ,..0'0' Vi " , /. ... _.'V ;(.. ......... ~ ~ 6 S ~ ~ SEAI.~ "'(" r!J- -;;. O(.t ....q) 0 .';: ~ '1"() '&, 18\ . ,~~':; ~, ;,;; ._",1:--::-'" ....." ',I C...,. \V ,-' /11 .r t'f~"-"~'{ ....' i'/i..;_~"" ' i,\\\\\\ Z:\Work\M\Meridian\Meridian 15360M\Locust Grove Place Sub AZ-02-027 PP-02-026 CUP-02"()41\OrderCUP.doc . ORDER CONDITIONAL USE PERMIT (CUP-02-041) -7 February 28, 2003 ME:RJDIAN CITY COUNCIL MEETING March 4, 2003 APPLICANT REQUEST 2003 Sewer Cleaning Project Bid Award /?~1 ITEM NO. J ~~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached F tirF Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 1~ E;:; i! 1 2003 C~ty Of Meridia.l1 CIty Clerk Office To: Brad Watson From: Lenard Grady /0 1,. CC: Gary Smith Date: 2/27/2003 Re: Proposed Agenda Items for March 4, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 4 City Council agenda, under Consent Agenda, for Council's consideration: 2003 Sewer Cleanina Proiect. Three bids were received for this project as summarized below and detailed in the attached spreadsheet: . C-More Pipe RNR Inc. Municipal Service $58,491.00 $66,447.00 $70,425.00 . . C-More pipe has to lowest bid. This project includes cleaning for sewer pipe ranging from 8- inch to 21-inch pipe totaling approximately 200,000 feet. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for 2003 Sewer Cleaning with C-More Pipe Services Co. for $58,491.00 and authorize the Mayor to sign it 2003 Touchmark Crossing Water Main Extension Eight bids were received for this project as summarized below and detailed in the attached spreadsheet: . Hi Grade $317,520.60 . Masco $320,565.10 . Owyhee $324,425.00 . Sommer $326,862.20 . T.A.Dibble $344,679.50 . Irminger $346,259.75 . Bodiford $349,533.30 From the desk of... Lenard Grady Staff Engineer Meridian Public Works Departmenl 660 E. Watertower, Suile 200 Meridian, Idaho 83642 It Page 1 (208) 898-5500 Fax: (208)887-1297 grady1@Ci.meridian.id.us Completion of this project will provide a considerable increase in the amount of water we are able to pump under ~-84. Recommended Council Action: The Public Works Deparbnent recommends that City Council approves the contract for The 2003 Touchmark Crossing Water Main Extension with Hi-Grade Underground, Inc. for $317,520.60 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 ...... o (I) "- o s... a.. C> c c CO Q) () s... 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C\l :!: <( It) o;;t o ~ o o r..: '<;t '<;t cD (0 o o T- O) v_ (X) IO "ffi 15 I- February 28,2003 MERIDIAN CITY COUNCIL MEETING March 4, 2003 APPLICANT ITEM NO. 3 - S REQUEST 2003 Touchmark Crossing Water Main Extension Bid Award 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: See attached OvJJ tuff Date: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. '. ~.'" ""- ;' oj- ;~~ ' f"\.,1_: ; .' , , ,_. J '.". '! L} FEJ 2 7 2003 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady 10 1,. cc: Gary Smith Date: 2127/2003 Re: Proposed Agenda Items for March 4, 2003 City Council Meeting The Public Works Department respectfully requests the following items be placed on the March 4 City Council agenda, under Consent Agenda, for Council's consideration: 2003 Sewer CleaninQ Proiect. Three bids were received for this project as summarized below and detailed in the attached spreadsheet: . . C-More Pipe RNR Inc. Municipal Service $58,491.00 $66,447.00 $70,425.00 . C-More pipe has to lowest bid. This project includes cleaning for sewer pipe ranging from 8- inch to 21-inch pipe totaling approximately 200,000 feet. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for 2003 SeYler Cleaning with C-More Pipe Services Co. for $58,491.00 and authorize the Mayor to sign it 2003 T ouchmark Crossina Water Main Extension Eight bids were received for this project as summarized below and detailed in the attached spreadsheet: . Hi Grade Masee Owyhee Sommer T.A.Dibble Irminger Bodiford $317,520.60 $320,565.10 $324,425.00 $326,862.20 $344,679.50 $346,259.75 $349,533.30 From the desk ot:.. . . . . . I..euard Grady Staff Engineer Meridian Public Works Department 660 E. Wafi:rtower, Suite 200 Meridian, Idaho 83642 (208) 898.5500 FlIX: (208) 887.1297 gradyl@ci.m:ridian.id.us . . Page 1 Completion of this project will provide a considerable increase in the amount of water we are able to pump under t-84. 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N ::;: <( v v ~ 8 ...; III en III ~ ~ g N ~ s ~ ~ CD ~ b N N fE CD &j 8 ~ N V ~ o ~ 18 o N ~ o CD 6 N ~ ~ ~ oc !!; -' f! ~ February 28,2003 MERIDIAN CITY COUNCIL MEETING March 4, 2003 APPLICANT REQUEST Change Order No. 1 White Drain Sewer Trunk Project ITEM NO. 5-K AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: INTERMOUNT AJN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS s: ec C\W1 Qhecl ~ ~r~ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED FE8 2 8 2003 City Of Meridian City Clerk Office To: Mayor Conie & City CoU;~ From: Brad Watson, P.E. ~~ CC: File, Gary Smith, PE, City Clerk Date: 212712003 Re: Proposed Agenda Items for February 25 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the February 25 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement, Jim & Shirlev Cobble. This is an off-site sewer easement required for the Tuscany Lakes, Messina Hills and Saguaro Canyon Subdivision projects. Recommended Council Action: Approve the sanitary sewer easement from Jim & Shir1ey Cobble and authorize the Mayor to sign and City Clerk to attest. 2) ChanQe Order No.1. White Drain Sewer Trunk Proiect. This change order, a copy of which is attached, contains final reconciliation of quantities. Included in this change order are numerous individual sewer services stubbed out to lots in Bridgetower, Cedar Springs, Sundance Place and Quenzer Commons Subdivisions. The cost for these services will be reimbursed to the City through agreements approved by City Council in 2002. The total amount to be reimbursed to the City is $68,486.50. The original contract amount with Thueson Construction was $994,060.10. Change Order No.1 is for an additional $23,059.10 to bring the total contract amount to $1,017,119.20. However, the real project cost to the City, after reimbursements noted above, will be $948,982.70. While this project is not completely closed out, we believe we will finish the White Drain project approximately $45,000 under budget. . Page 1 Recommended Council Action: Approve Change Order No.1, in the amount of $23,059.10, to the contract with Thueson Construction, Inc. for the White Drain Sewer Trunk project and authorize the Mayor to sign and City Clerk to attest. 3) Reauest for Sewer Service - Anthonv Mahatv. 2075 W. Franklin Road. Mr. Anthony Mahaty, through his engineer Richard Kartchner, is requesting connection of an existing building outside city limits to the sewer collection system. Mr. Kartchner's February 24, 2003 letter indicates this building will serve as a church. The property is adjacent to city limits and directly south of the new Sanitary Services, Inc. site being developed. Mr. Kartchner is requesting this connection of sewer only without connection to water or annexation to the City. A copy of Mr. Kartchner's letter, a site plan and vicinity map are endosed. Ordinance 9-4-26.A allows the Public Works Director to only approve connection requests for a single family residence or multi-family residence less than 4 equivalent residential units. This ordinance also requires the applicant's agreement to annexation, which the applicant specifically does not want to do. Recommended Council Action: Discussion and direction from City Council. Thank you for your consideration. p . Page 2 CHANGE ORDER No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER Citv of Meridian CONTRACTOR Thueson Construction, Inc. Contract: White Drain Trunk Sewer Project White Drain Trunk Sewer OWNER's Contract No. C-13A ENGINEER Keller Associates ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Additions, deletions and modifications to bid items as listed in attached final pay application worksheet. Reason fOf Change Order: 1) Added sewer services at request of adjacent developers; will be reimbursed per individual agreements, 2) final reconciliation of quantities. Attachments: See attached final pay application worksheet. CHANGE IN CONIRACT PRICE: Original Contract Price $_994.060.10 Net Increase (Decrease) from previous Change Orders No. - to - $ -0- Contract Price prior to this Change Order: $ 994.060.10 Net increase (decrease) of this Change Order: $ 23.059.10 Contract Price with at! approved Change Orders: $ 1.017.119.20 RECOlVllviENDED: APPROVED: CHANGE IN CONIRACT TIMES: Original Contract Times: Substantial Completion: 160 Ready for final payment: 190 (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: -0- Ready for final payment: -0- (days) Contract Times prior to this Change Order: Substantial Completion: 160 Ready for final payment: 190 (days or dates) Net increase (decrease) this Change Order: Substantial Completion: -0- Ready for final payment: +50 (days) Contract Times with al1 approved Change Orders: Substantial Completion: 160 Ready for final payment: 240 (days or dates) ACCEPTED: By: By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) By: CON1'F-A_CTOR(Aull1orizcd Signature) Date: Date: Date: mCDC 191O-8-R (1996 Edition) Prepa,ed by the Engrneers Joint Contract Documents Committee llIld endorsed by The Associated General Contracrors or Amenca and the Constructlon SpecIfications Institute. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Changc Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to UlU1ecesSary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attacbments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. February 28,2003 MERIDIAN CITY COUNCJl MEETING APPLICANT March 4, 2003 ITEM NO. ,'5'" ~ REQUEST Sanitary Service Easement - Jim and Shirley Cobble (for Tuscany lakes Subdivision) 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: JNTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Sftt" 0. t1 0. C. hJl.cL ~ dJfr Contacted: Date: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. !5 RECEI"lED FEB 2 8 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. / /f!Lr..J CC: File, Gary Smith, PE, City Clerk Date: 2/27/2003 Re: Proposed Agenda Items for February 25 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the February 25 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement. Jim & Shirlev Cobble. This is an off-site sewer easement required for the Tuscany Lakes, Messina Hills and Saguaro Canyon Subdivision projects. Recommended Council Action: Approve the sanitary sewer easement from Jim & Shirley Cobble and authorize the Mayor to sign and City Clerk to attest. 2) Chanae Order No.1, White Drain Sewer Trunk Proiect, This change order, a copy of which is attached, contains final reconciliation of quantities. Included in this change order are numerous individual sewer services stubbed out to lots in Bridgetower, Cedar Springs, Sundance Place and Quenzer Commons Subdivisions. The cost for these services will be reimbursed to the City through agreements approved by City Council in 2002. The total amount to be reimbursed to the City is $68,486.50, The original contract amount with Thueson Construction was $994,060.10. Change Order NO.1 is for an additional $23,059.10 to bring the total contract amount to $1,017,119.20. However, the real project cost to the City, after reimbursements noted above, will be $948,982.70. While this project is not completely closed out, we believe we will finish the White Drain project approximately $45,000 under budget. e Page 1 Recommended Council Action: Approve Change Order No.1, in the amount of $23,059.10,-to the contract with Thueson Construction, Inc. for the White Drain Sewer Trunk project and authorize the Mayor to sign and City Clerk to attest. 3) Request for Sewer Service - Anthonv Mahaty, 2075 W. Franklin Road. Mr. Anthony Mahaty, through his engineer Richard Kartchner, is requesting connection of an existing building outside city limits to the sewer collection system. Mr. Kartchner's February 24, 2003 letter indicates this building will serve as a church. The property is adjacent to city limits and directly south of the new Sanitary Services, Inc. site being developed. Mr. Kartchner is requesting this connection of sewer only without connection to water or annexation to the City. A copy of Mr. Kartchner's letter, a site plan and vicinity map are enclosed. Ordinance 9-4-26.A allows the Public Works Director to only approve connection requests for a single family residence or multi-family residence less than 4 equivalent residential units. This ordinance also requires the applicanfs agreement to annexation, which the applicant specifically does not want to do. Recommended Council Action: Discussion and direction from City Council. Thank you for your consideration. p . Page 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this c:2~ day of JA-A/tl4/Z. V ,2000, among JIM and SHIRLEY L. COBBLE (husband and wife), the party of the first part, hereinafter called the Grantor; THE CITY OF MERIDIAN, Ada County, Idaho (public Works Department), and R. CRAIG GROVES, the party of the second part, hereinafter collectively called the Grantee; RECITALS: A The Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and B. The sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and C. Grantee; It will be necessary to maintain and service said pipelines from time to time by the D. Grantor and Grantee wish to enter into the following agreement to allow a sanitary sewer and water main right-of-way easement across the premises and property. AGREEMENT 1. Grant of Right. In consideration of the mutual promises contained herein, benefits to be received by the Grantor, and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, the Grantor does 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 following described property: (SEE A TT ACHED "EXHIBITS A-[MAP] AND B-[LEGAL DESCRIPTION OF EASEMENT STRIP]") 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. 2. Right to Convey. The Grantor does hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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. SANITARY SEWER AND WATER MAIN EASEMENT-1 011900 1045 BOI_MTl :280249.1 3. Repairs and Replacement to Sanitary Sewer and Water Mains. It is expressly understood and agreed, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing, or restoring any permanent structures, large trees, or brush place within the area described in this easement. 4. Placement of Structures and Large Landscaping. The Grantor does hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees, or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 5. Succession. The said easement and right-of-way shall inure to and shall be binding upon the heirs, personal representatives, successors, and assigns of the parties. IN WITNESS WHEREOF, the said party ofthe first part has hereunto subscribed his signature the day and year first herein above written. GRANTOR: ~/ ~JJM COBBLE a'J tJ/J-" . ~' l , . I /; .. _. I; ",-I "., . I.. . . n~.i:t2 .L,"I,~ .~. SHIRLEY L. CO BLE !~ I [ ( - I Il"" r~ ~L"-- ,,",' 1/ GRANTEE: THE CITY OF MERIDIAN, Ada County, Idaho Its: ~r R. CRAIG GROVES By: SANITARY SEWER AND WATER MAIN EASEMENT - 2 0] 1900 1045 BOI MTl :280249.1 ST ATE OF IDAHO ) ~Or:/i;t7 ) S County of A-da J ) . J{~ On this 'jZ day of , 2000, before me the undersigned, a Notary Public in and for said State, personally ap ared JIM d SHIRLEY L. COBBLE, known or identified to me to be the persons who executed tlus instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wt~tteiJ::;~~~:"~""Q, A~ 0'" .... ',., ....~ l> ".. ''', _ '4';- l~"'--%Qooeooooa'o"r>. >-'....~.. ~ .. ........ ~& .-. 0 '; _;,). :: <? of} _....OTA!? t;," .~ Q 0 \- .. J,? ., 0 ' -r. ~ ~ * i '-0= ~~.,: ~ e~--L- ;. ~o PUBL.\C r;.s,;'" i NOTARYP ICEORID~cy "'<pIIlQ c,: ' t' \. ~ oOooooc>~oco,,<i...,<:-O....~ Residing at ,(; PPqqt;/'-S OF \\) ~~~~.. Commission Expires: It - /, . U (J/ "'q'Q9aoDaaQQ\I\l1I , ST ATE OF IDAHO ) ) S County of Ada ) On this ~_ day of ,2000, before me the undersigned, personally appeared __~~ known or identified to me (or proved to me on the oath of ) to be the , of THE CITY OF MERIDIAN, Ada County, Idaho, the municipality that executed the instrument or the person who executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Conunission Expires SANITARY SEWER AND WATER MAIN EASEMENT - 3 011900 1045 BOI~MTI:280249.1 STATE OF IDAHO ) ) S County of Ada ). . -.... ~ , . On thIs (;f1:L day of (\ (~\\uo.~~ \...~ ' 2000, before me the undersigned, personally appeared R. CRAIG GROVES, Jw.uw..n or identi led to me (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, \~Y\{j ,f\l1~ NO AR Y PUBLIC FOR IDAHO Residing at '('f - l '-. -' I D My Commission Expires C' "\ ~ SANITARY SEWER AND WATER MAIN EASEMENT - 4 o Ll900 1045 BOI~ MTl :280249,1 See attached. '"" EXlllB1'f l\. "- IV. ......... ~ '-. '-. - v -Q -g -'Q ~ G 11' t-~ ~ '.....--- --- ( ~--, ( ~ \8 .;. \~. 1 l"" \}-'--__ \ J \ r -"-. /------- \ ~ -' \ \ \ \ \ UI ~ ~ 5? :....< )>:iQ.~ ,?sgUl 8~ ~ 0J c-.-. ~ ; to ;g rfJ .' ~;o _ ~ rn 0->> ~:- :1. ('T\ o ::0 ...,..". ~ OJ ~ rn ~ tf\ r""' \ \ ...... -- .... \ o~ _ ,T\ ....... ~ C> " C o \ ~ 'ti,Cl gz o'? ..,. cP 'F \ \ co \ /- ~ , \ 138 iJ\ ~ 'Z r':eg - Q. ~ - g ~",'t "Z. tp. :I;o~ ~ !;;j \ o t; ~ 1, D z -.J ~ ....-lVl 0> <:1 d -0 \ \,.0 0 Oc- -J :0 t?,~ 0 ~,1 \..J ~ ~ ." \ \ - - - \i\CIO\~ROP,O E}C1lll3 rr A 0113001'152. - - - '. EXHffiIT B DESCR.IPTION FOR SANITARY SEWER EASEMENT . THRO~~H COBBLE P~OPERTY January 16, 2000 An easement for sanltary sewer, located in the SE 1/4 of Section 19, TownshIp 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a strip of land 30.00 feet in width, 15.00 feet on either side of the following described centerline: Commending at the SW corner of the SE X of Section 20, T.3N., R.1 E., 8.M., thence N 000341261' E 1669.96 feet along the westerly boundary line of said SE X to the REAL POINT OF BEGINNING of this centerline'descrlption; Thence S 26052'14" E 251.05 feet to a point; Thence S 50"26'42" E 296.43 feet to a point; Thence S 00"16'59" W 838.86 feet to a point; Thence' s: 04~28156" W 392.89 feet to the ENDING POINT of this centerline description, said easement containing 53,343 S.F., more or less. . Michael E. Marks, p, L. S. No. 4998 EXHIBIT B 011800 1753 BOI_MTl :280249,1 February 28,2003 MERIDIAN CITY COUNCil MEETING APPLICANT March 4, 2003 ITEM NO. :3'" M . REQUEST Approve Bills 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: vJ-/ (j.;ff{fJ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. February 28, 2003 Department Reports MERIDIAN CITY COUNCIL MEETING March 4. 2003 APPLICANT Public Works Department -- Brad Watson ITEM NO. Jd,. A '" 1 REQUEST Request for Sewer Service -- Anthony Mahaty, 2075 West Franklin 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: Se ~ 0- tro QhJ1 ol i ~(lV~ wiJP 1;: Contacted: Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo RECEIVED FE8 2 8 2003 City Of Meridian City Clerk Office To: Mayor Corrie & City cou;.~ From: Brad Watson, P.E. /' /('LJ CC: File, Gary Smith, PE, City Clerk Date: 2/2712003 Re: Proposed Agenda Items for February 25 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the February 25 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement. Jim & Shirley Cobble. This is an off-site sewer easement required for the Tuscany Lakes, Messina Hills and Saguaro Canyon Subdivision projects. Recommended Council Action: Approve the sanitary sewer easement from Jim & Shirley Cobble and authorize the Mayor to sign and City Clerk to attest. 2) Chanae Order No.1, White Drain Sewer Trunk Proiect. This change order, a copy of which is attached, contains final reconciliation of quantities. Included in this change order are numerous individual sewer services stubbed out to lots in Bridgetower, Cedar Springs, Sundance Place and Quenzer Commons Subdivisions. The cost for these services will be reimbursed to the City through agreements approved by City Council in 2002. The total amount to be reimbursed to the City is $68,486.50. The original contract amount with Thueson Construction was $994,060.10. Change Order NO.1 is for an additional $23,059.10 to bring the total contract amount to $1,017,119.20. However, the real project cost to the City, after reimbursements noted above, will be $948,982.70. While this project is not completely closed out, we believe we will finish the White Drain project approximately $45,000 under budget. . Page 1 Recommended Council Action: Approve Change Order No.1 J in the amount of $23,059.10, to the contract with Thueson Construction, Inc. for the White Drain Sewer Trunk project and authorize the Mayor to sign and City Clerk to attest. 3) ReQuest for Sewer Service - Anthonv Mahatv, 2075 W. Franklin Road. Mr. Anthony Mahaty, through his engineer Richard Kartchner, is requesting connection of an existing building outside city limits to the sewer collection system. Mr. Kartchner's February 24, 2003 letter indicates this building will selVe as a church. The property is adjacent to city limits and directly south of the new Sanitary $eNioos, Inc. site being developed. Mr. Kartchner is requesting this connection of sewer only without connection to water or annexation to the City. A copy of Mr. Kartchner's letter, a site plan and vicinity map are enclosed. Ordinance 9-4-26.A allows the Public Works Director to only approve connection requests for a single family residence or multi-family residence less than 4 equivalent residential units. This ordinance also requires the applicanfs agreement to annexation, which the applicant specifically does not want to do. Recommended Council Action: Discussion and direction from City Council. Thank you for your consideration. p . Page 2 2l24/03 /';J,. A1LTr, , ~-F;'-I !T! ''In-,fiJ '1,[,: :i ,; ,-.._c.,.. .... KARTCHNER ENGINEERIN City of Meridian Building Departmenl c/o Brad Watson 660 E Water Tower, Suite 200 Merjt.lian, Idaho 83642 RECEIVED FFR 2 4 2003 RE: Request for Waste Connection at Proposed Church Development 2075 W Franklin Road, Meridian MERIDIAN CITY ENGINEER Dear Brad, I respectfully petition in behalf of my client, Anthony Mahat)'. to temporarily connect into the end of the Meridian City waste system for the referenccd property located in Ada County, adjacent to Meridian City Ii miLS, witilt!ut annexation, Th0 existing house on the property, which will be modi fied to accommodate an assembly area for the church, is presently on a septic system, Central District Health is requiring connection to the waste system (due to proximity) and abandonment of the existing septic system when the church addition is made, The connection point La the Meridian City waste system is just East of the property and may require the owner to provide a lift station, I understand that a waste main is proposed to run directly in front of the property in the future and wi II drain to the West. The owner would agree to annex into the city and connect without the need of the lift station into this waste main in the future, The attached vicinity map and proposed master plan describes the owners intent. This Church is quite small, 50 10 60 members at present, and wi lJ have little impact tagging into the end of this branch of the city system, Thanks for taking a minute yesterday to talk to me about the referenced. Let me know if you need anything else, The owner is anxious to get started on his project and make the necessary Ada County applications and so your immediate allention to this maller is appreciated. /l~~.~ ~ ....-... .~ ~ Richard T. Kartchner P,E. Kartchner Engineering eclosures Mechanical Engineers 1500 West Barrett Drive Meridian, ID 83642 (208) 888-7145 Fax (208) 888-7165 karteng@earthlink,net [_:J [ ( I ;WI WIVW l I.,,, ""." .. I ~'J: ^ ~ H I. t, j~ (II 'NVICHlI"L~ \ \ \ ,-- -,- ._..... - ._. - .-. -. _._.... -. -. _._._. -,,,,,", -- _._._, Q 'Oel NI 1::::.1NV;S:j Q '" - - ",- - - " - ; r- - - - - - - - - - - - -",'"'- " - - ~ -,-,- - -...- - - - - - ~ 0 cr l-ll.' !f:x w<[ ill ~:h~ <!l ro I xiil 0 ~ ",..Il -------.J V. .... ~ \ IU <l <f>(l) ,,0',<; ~ ....U w<l <!lID ' H0",'; ---r i i , , \ I 0/ ,j' _________ I ~1. ----------.J &: ~ ~- , ','S\ '& , ~\ ~\ ,- \ Cll-o ~~~ QO::", llO-, Oll<ll !l:l:8 Q~a -' "'l i~ Cl ~Ua) l..')~ x~~ ~:r UJI.1.hO tS)..J ) ~~ .----J . ! tt :31 I- ,- tl ~g Cl"''' iloffi - ~G~- -<ti=.q ll<l", ~~ z~ o!f ~c.~ 0-' ,.. __, II :; &1. , O<ll.,. ((3 Il'" z '" -' !!) w ~ Ii o """01'00 9N1!SIX3 ,'-'>"n -,-,>-,,,~ ,w -' '''' ,- l~ 'n;, iO id I'f. ~ ~/~ f== 3'St 'it^I~a "'" Qu 0::.- f!:6 ~ ' I f ~6'" 1 ' ::ll6' , :. . - - - - - - - - - _._ ______. . - - ____ __._._....._.",_, __._.___._,_..._._ -'-';'-12m ~ _,:______._._~._._i 0....U .' w<l !!!<f>ID I~---.~ -~- :::ii JC,.,""~,'" C;;i~l!: j I .. ) 5 ;:: lli~<l" l-....W <twO': 3Cl':<l I ;ao; .:1 . ~ I [;.: ~ .. .; I -: I i ~~ z I <( ..JI u..j w! u..i <( I 21 z' <( i ..J I " I~ w I- I~ <J) -' <I ~ U , , -.;- q ~....., >~ ~~ ~N ~, l.L; u_ ffi "" gj ffi ~I il [jl I I I I , I , I I I ! I i z o ;:: lli~<l I- I-- tll <lwCl': '-- 3Cl':<l "-J ----~------ ['_._-'~--~--~--' - I CityLimits I I I ! I I \, , '!;\IlW@JfrJFi>'j}~J[~~ RUT ~ RUT L~~j C~! r---:J L_,~ I~'. ----) __._ r )---.") -~---' 600 ,",,-~.~_L~~ ~ C2 RUT RUT Ada County BOise Eagle Garden City Kuna Meridian Star o I j.L : J..IERI(>I~f~ CITY UMIT~ --- --. ----3.N~ RUT ~"""H~'."'E"-"".l L~~..~ [=J N D N .._--, 600 1200 Feet I I I , i I RUT -- TT-;~~-- J~L! r I ! ji-.' '1 ,I L_ -1'-. - I ,i f L Iii' i Ii f I f --I I.L, i I ! i RUT I.L RUT RUT RUT RUT 1-' ~.. ,- i ljU1 R-4 . I .. I! ' , , i 1 ! I i I ! i I i iJ,t2f.LLr L I! ---- -- ~---, Areas of City Impact ~ B ~ fa ~ ? Y) '17 ('lEI\" TE1 r) Jit.._.1 ,j.J V :.J L i~ :or !,_ J -Nd " Airport Influence Areas Rivers and Canals ,I~ ~ , ~'j ~ ;~ 'il ;~1 /1 J1 ^~,0.. ,... _. ~~':::~: MERIDIAN C.R W E S Zoning Streets " This map is made from data copyrighted by Ada County, Ada County shall not be liable for inaccuracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely, However, use in any digital form requires written permission of Ada County_ 9-4-26: SPECIAL CHARGES; SEWER INSPECTIONS; SEPTIC TANK WASTE DUMPING: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to parcel(s) which are either partially or entirely outside of the corporate city limits the following provisions must be complied with: 1. There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service, The city council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the public works director given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcel(s) for which service is being applied, the name and address of the legal owner(s) of the parcel(s) and purpose of the requested service. 2. A completed application must be filed with the public works department. 3, Following the filing of a completed application form and the payment of the application fee the public works director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the municipal sewer system to provide an acceptable level of service to developed parcels with existing service within the city limits which shall not be compromised, 4, The public works director shall then review the findings and recommendations with the applicant for comment. 5. The public works director shall then submit the application and a report of recommendation(s) to the city council regarding the application. 6, The city council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation(s) of the public works director. 7. In the event the council grants the application it shall include as a condition that the legal owner(s) of the parcel(s) shall enter into an "Agreement for the Extension of Domestic Sewer Service Outside the City Limits" (hereinafter in this section referred to as the "Agreement") which agreement form shall provide that the legal owner(s) of the parcel(s) agree that the provisions of the city's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including hookup, service fees, and inspection fees, apply as terms of the "Agreement" and which form shall also provide that the owner(s) of the parcel(s) agree to the annexation into the city of the parcel (s) serviced; and the council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the city limits and to assure that the proprietary funds of the city domestic sewer service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "Agreement". 8. The sewer user of the parcel(s) serviced pursuant to a granted application under this http://66.1I3.195.234/ID/Meridian/ll004000000026000.htm 2/27/2003 section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the property being served remains outside of the corporate limits of the city. 9, Notwithstanding subsection A5 of this section, if the requested connection is for a residence, or a multi-family residence not exceeding four (4) residential units, and if sewer service is readily available to the affected parcel without extension of service, then, if the public works director deems it in the best interests of the city to do so, said connection may be authorized by the public works director without action by the city council. If the director declines to approve the connection, the request will proceed to the city council for final decision. (Ord. 01-910, 2-27-2001) /: B, Sewer ' e And Facility Inspection Fee: The resolution of the board of sewer app sers for the adoptio fees for the inspection of sewer lines and facilities is hereby roved and adopted, which r ution reads, in part, as follows: The Meridian Sewer Board 0 raisers hereby proposes th e fee for inspection of sewer lines or facilities, and their in lation, should be dollars thirty one cents ($2.31) per lineal foot. C. Septic Ta~k Waste Dumping ~ee 32 : . resolutio~ df-..t~ Board of Sewer Appraisers f~r the adoption of fees for dumpln tIC tank waste IS hereby approved and adopted, which resolution reads, in part, as ows: The Meridian Sew oard of Appraisers hereby proposes that the fee fo umping septic tank waste int e Meridian sewer treatment plant should be thirty three do[[a~y cents ($33.50) one thousand (1,000) gallons, (Res. 157, 7-19-1994) ~ http://66.113.195.234/ID/Meridian1l1004000000026000.htm 2/2712003 ~, b c)' ' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR LOCUST GROVE PLACE SUBDIVISION FOR 74 BUILDING LOTS AND 11 OTHER LOTS ON 11.76 ACRES LOCATED WEST OF NORTH LOCUST GROVE AND SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: WARDLE & ASSOCIATES, APPLICANT CIC 02/18/03 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 18, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Jon Wardle and Lee Centers, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part ofthe record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE 'l4, SEC. 7, T 3 N, R I E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13, 2003, EARL & ASSOCIATES, INe. - SURVEYORS, ENGINEERS & PLANNERS, L.e. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION 1 (PP-02-026) 1 DEVELOPMENT, lNC, - LEE CENTERS - DEVELOPER", L.C, DEVELOPMENT, lNC, - LEE CENTERS, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code 9 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned R-40 and C-C, and requires cOlmection to the Municipal Water and Sewer System. [Meridian City Code 9 11-7-2 F and I] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital hnprovement Program and if the conditions, which are requested by the Planning and Zoning Department and the Engineering Technician ill, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELThfiNARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 2 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Plalll1ing and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE Y4, SEC, 7, T 3 N, R I E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13,2003, EARL & ASSOCIATES, INe. - SURVEYORS, ENGINEERS & PLANNERS, L.C. DEVELOPMENT, INC. - LEE CENTERS - DEVELOPER". 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 AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE Y4, SEC. 7, T 3 N, R 1 E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13, 2003, EARL & ASSOCIATES, INC. - SURVEYORS, ENGINEERS & PLANNERS, L.e. FINDIN"GS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 3 DEVELOPMENT, INe. - LEE CENTERS - DEVELOPER", L.C. Development, Inc. - Lee Centers. Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning & Zoning Commission as follows: 1, The proposed design is approved, tiling the Settler's Canal (also known as the Flume Canal), and leaving the Jackson Drain until ed, with a pathway along the north side of the property that shall match the pathway constructed in the Penn Station project. The proposed pathway shall be concrete or asphalt to match the rest of the pathway. The City further requires that the paved pathway be deeded to the City, at which time the City will accept maintenance ofthe pathway. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: SITE SPECIFIC COMMENTS I PRELIMINARY PLAT L The proposed five foot (5') reduction in the required buffer between land uses resulting in a proposed fifteen foot (15') buffer between the office uses and residential uses is approved. The buffer shall be landscaped in accordance with the City's Landscape Ordinance. 2. Meridian City Fire has recommended that parking be allowed on only one side ofthe subdivision streets to ensure that the subdivision has adequate emergency vehicle access. The revised plat depicts the side that has the restricted parking. 3. A cross-access easement between the two commercial lots is depicted on the plat and noted in the plat notes. 4. Lot41,BlockI will be constructed as a five foot (5') setback lot line building on the west side ofthe property. 5. A detailed fencing plan shall be submitted upon application ofthe final plat. Fencing adjacent to Lot 40 shall be no taller than four feet (4') in height. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 6. Added or revised are the following notations on the preliminary plat notes: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION I (pP-02-026) 4 (1.) The corrected plat note lists the setbacks; the rear setback shall be 15' excepting the lots adj acent to the common lot on the north; Lots 2-12 shall be allowed to have thirteen foot (13') rear setback. Per 12-6-5A -2 ofthe MCC a reduction in rear setbacks is not allowed at the periphery of a Planned Development. (2.) Added is a note to the face of the plat indicating that the Home Owners Association shall be responsible for the maintenance of the common lots. (3.) Added is a note to the face of the plat restricting direct lot access to Locust Grove unless specifically permitted by ACHD and the City of Meridian. (4.) Added is a note to the face of the plat that requires anyre-subdivision of this plat to be in compliance with the most recently approved subdivision standards of the City of Meridian. (5.) Added is a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight-obscuring material is used for fence construction, 7, Ten (10) copies of the revised plat have been submitted to the City Clerk's Office for this plat. 8. Several existing ditches/drains traverse through the proposed subdivision, however it is not clear on the preliminary plat map how these ditches/drains will be addressed. The revised plat shows routing/piping information, 9. The corrected preliminary plat map shows how Lots 59 and 60 will provide sanitary sewer and water service. 10. The reconfigured access to Lot 13 shows it is to be a shared driveway for lots 13 and 15. This can all be part of the common lot 14, with a cross access easement over that portion being used fro access to these two lots. A blanket sanitary sewer and water easement would also be required for the benefit of the City of Meridian, 11. Sanitary sewer service is via extension of an existing main installed as part of the Penn Station project. Water service to this site shall be via main line extensions from the existing mains adjacent to the property in Locust Grove Road, N. Scrivner Avenue, and the Penn Station project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION I (pP-02-026) 5 Applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 12. Any drainage areas (detention/retention basins) shall be designed to ensure that water is retained only duringlOO-year storm events, and for a period oftime not to exceed 24 hours, in accordance with the requirements of the city of meridian and DEQ. Side slopes within drainage areas shall not exceed 3: 1. GENERAL COMMENTS 1. Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform, 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Trust funding shall not be accepted for the proposed sidewalks, 4. All pathways within the proposed subdivision shall be designed m accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 7. 250 and lOa-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMlNARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 6 8. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) shall be designed to ensure that water is retained only during 1 DO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 9. Any tree over 4" in caliper that i s removed from the property shall b e replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees shall not be considered as replacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION / (PP-02-026) 7 2. Either provide an $8,800.00 Public Right' s-of- W ay Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right- of-way and at the correct vertical difference from the center ofthe road (see District staff). Coordinate the location and design of the sidewalk with District Design staff (387-6225). lfthe sidewalk is constructed outside of the right-of- way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately l20-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with I5-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 J\1PH and a maximum intersection approach grade of 2% for at least 40- feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100-feet south of the north property line, as proposed. Pave Locust View Street a minimum of 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDMSION I (pP-02-026) 8 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 Construction Services at 387- 6280 (with file numbers) for details, 5, All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes, 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, 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. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10, No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDMSION I (pP-02-026) 9 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 ofthe property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: I. The project which is comprised of one and two family dwellings will require a fire-flow of 1,000 gallons per minute and shall be available for duration of2 hours to service the entire proj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. 9. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION / (pP-02-026) 10 400' apart. 1997 UFC Appendix ill-A. 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 11. All access roads within the project shall have clear driving surface with a minimum width of20' available at all times. The typical street width of34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2,1. E. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary ofthe property just south of the Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. Ifthis development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary of the Penn Station Apartments. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. G. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (PP-02-026) 11 day of 1. This proposal can be approved after written approval from appropriate entities are submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5, The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. H. Adopt the action ofthe City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all of the lots that are along the pathway that extends from Penn Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted). 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. By action of the City Council at its regular meeting held on the JntfvU:;!t- ,2003. . 4-1& ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION / (pP-02-026) 12 COUNCILWOMAN McCANDLESS VOTED~ VOTED~ COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) ~ VOTED - Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By:~4-&.-;> ~ City Clerk Dated: Z:\Work\M\Meridian\Meridian 1 5360M\Locust Grove Place Sub AZ-02-027 PP-02-026 CUP-02-04l\FfCls0rdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION I (pP-02-026) 13 February 28, 2003 PP 02-026 MERIDIAN CITY COUNCIL MEETING APPLICANT Wardle and Associates March 4, 2003 ITEM NO. S... & REQU EST Findings - Request for Preliminary Plat approval of 74 building lots and 11 other lots on 11.76 acres in proposed R-40 and C-C zones for proposed Locust Grove Place Subdivision - west of North Locust Grove Road and south of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETILERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings ~V\Jw_AOP} IS tt~~ JJrr~ Jt(}J oJ /Iv ~ OTHER: , I Contacted: (j ~~ WoW'(}J.J..j~ Date: o/'Z12/5 Phone: ~N\^~d till ) rr Materials presented at public meetings shall become property of the CIty of Meridian. Locust Grove Place Preliminarv Plat (PP-02-026) FJ3JCEIVED MAR - ~ 2003 CITY OF MERIDIAN Modity by strikethrough (delete) Revise by underline (add) Finding of Fact 2.A.l, page 4: "The proposed design is approved, tiling the Settler's Canal (also known as the Flume Canal), and leaving the Jackson Drain untiled, with a pathway along the north side of the property that shall match the pathway constructed in Penn Station project. The proposed pathway shall be concrete or asphalt to match the rest of the pathway. The property ovmcr to the east of Locust Grove shall \vork to continue the path extelliiion when property is developed. The City furthcr requires that the pathvlaY be payed after it is deeded to the City and that the City accept and. maintain it, before construction ofihe path\\'uy by the developer." The City further requires that the paved pathway be deeded to the City. at which time the City will accept maintenance of the pathway. " · Remove sentence referring to property owner to the east; · Clarify intent of last sentence Site Specific Comments / Preliminary Plat 6 (1), page 5: "The corrected plat note lists the setbacks; the rear setbacks shall be 15' excepting the lots adjacent to the common lot on the north; Lots 9---l-2- 2 - 12 shall be allowed to have thirteen foot (13') rear setback. Per 12-6-5A-2 of the MCC a reduction in rear setbacks is not allowed at the periphery of a Planned Development." · The lots adjacent to the northern common lots are Nos. 2 through 12. The note incorrectly lists the lot numbers. RECEIVED FEB 2 6 2003 City Of Meridian City Clerk Office BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR LOCUST GROVE PLACE SUBDIVISION FOR 74 BUILDING LOTS AND 11 OTHER LOTS ON 11.76 ACRES LOCATED WEST OF NORTH LOCUST GROVE AND SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BY: WARDLE & ASSOCIATES, APPLICANT C/C 02/18/03 ) } ) ) } } ) ) ) ) ) } } } Case No. PP-02-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 18, 2003, and Brad Hawkins~Clark Interim Director for the Planning and Zoning Department, Jon Wardle and Lee Centers, appeared and testified, and the City Council having received a report from Wendy Kirkpatrick Planner II for the Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE ~, SEC. 7, T 3 N, R 1 E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13,2003, EARL & ASSOCIATES, INC. - SURVEYORS, ENGINEERS & PLANNERS, L.c. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION / (pP-02-026) 1 DEVELOPMENT, INC. - LEE CENTERS - DEVELOPER", L.C. DEVELOPMENT, INC. - LEE CENTERS, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned R-40 and C-C, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 F and I] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4, The proposed development is a continuity ofthe proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Department and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 2 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing ofthe preliminary plat herein designated as: "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE~, SEe. 7, T 3 N, R 1 E, B.M., MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13,2003, EARL & ASSOCIATES, INC. - SURVEYORS, ENGINEERS & PLANNERS, L.C, DEVELOPMENT, INe. - LEE CENTERS - DEVELOPER". 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 AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: LOCUST GROVE PLACE SUBDIVISION A PART OF THE NE %, SEC. 7, T 3 N, R 1 E, B.M" MERIDIAN, ADA COUNTY, IDAHO, REVISED AND DATED FEBRUARY 13, 2003, EARL & ASSOCIATES, INC. - SURVEYORS, ENGINEERS & PLANNERS, L.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 3 DEVELOPMENT, INC. - LEE CENTERS - DEVELOPER", L.c. Development, Inc, - Lee Centers. Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations ofthe Plmming & Zoning Commission as follows: 1. The proposed design is approved, tiling the Settler's Canal (also known as the Flume Canal), and leaving the Jackson Drain untiled, with a pathway along the north side of the property that shall match the pathway constructed in the Penn Station project. The proposed path shall be concrete or asphalt to match the rest of the pathway. The property owner to the east of Locust Grove shall work to continue the path extension when the property is developed. The City further requires that the pathway be paved after it is deeded to the City and that the City accept the pathway and maintain it, before construction of the pathway by the developer. B. Adopt the Recommendations of the Plmming and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: SITE SPECIFIC COMMENTS I PRELIMINARY PLAT 1. The proposed five foot (5') reduction in the required buffer between land uses resulting in a proposed fifteen foot (15') buffer between the office uses and residential uses is approved. The buffer shall be landscaped in accordance with the City's Landscape Ordinance. 2. Meridian City Fire has recommended that parking be allowed on only one side ofthe subdivision streets to ensure that the subdivision has adequate emergency vehicle access. The revised plat depicts the side that has the restricted parking. 3. A cross-access easement between the two commercial lots is depicted on the plat and noted in the plat notes. 4. Lot 41, Block I will be constructed as a five foot (5') setback lot line building on the west side of the property. 5. A detailed fencing plan shall be submitted upon application ofthe final plat. Fencing adjacent to Lot 40 shall be no taller than four feet (4') in height. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION I (pP-02-026) 4 6. Added or revised are the following notations on the preliminary plat notes: (1.) The corrected plat note lists the setbacks; the rear setback shall be 15' excepting the lots adjacent to the common lot on the north; Lots 9-12 shall be allowed to have thirteen foot (13') rear setback. Per 12-6-5A-2 ofthe MCC a reduction in rear setbacks is not allowed at the periphery of a Planned Development. (2.) Added is a note to the face ofthe plat indicating that the Home Owners Association shall be responsible for the maintenance ofthe common lots. (3.) Added is a note to the face of the plat restricting direct lot access to Locust Grove unless specifically permitted by ACHD and the City of Meridian. (4.) Added is a note to the face of the plat that requires anyre-subdivision of this plat to be in compliance with the most recently approved subdivision standards ofthe City of Meridian. (5.) Added is a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight-obscuring material is used for fence construction. 7. Ten (10) copies of the revised plat have been submitted to the City Clerk's Office for this plat. 8, Several existing ditches/drains traverse through the proposed subdivision, however it is not clear on the preliminary plat map how these ditches/drains will be addressed. The revised plat shows routing/piping information. 9. The corrected preliminary plat map shows how Lots 59 and 60 will provide sanitary sewer and water service. 10. The reconfigured access to Lot 13 shows it is to be a shared driveway for lots 13 and 15. This can all be part of the common lot 14, with a cross access easement over that portion being used fro access to these two lots. A blanket sanitary sewer and water easement would also be required for the benefit of the City of Meridian. 11. Sanitary sewer service is via extension of an existing main installed as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION I (PP-02-026) 5 part of the Penn Station project. Water service to this site shall be via main line extensions from the existing mains adj acent to the property in Locust Grove Road, N, Scrivner Avenue, and the Penn Station proj ect. Applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 12, Any drainage areas (detention/retention basins) shall be designed to ensure that water is retained only during! OO-year storm events, and for a period of time not to exceed 24 hours, in accordance with the requirements ofthe city of meridian and DEQ. Side slopes within drainage areas shall not exceed 3; 1. GENERAL COMMENTS 1, Submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2, Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Trust funding shall not be accepted for the proposed sidewalks, 4. All pathways within the proposed subdivision shall be designed 111 accordance with MCC 12-13-15 "Micropath Landscaping", 5, A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, 6, Sidewalks within the proposed subdivision shall be built in accordance with MCC!2-13-1O-8. 7. 250 and lOa-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 6 design and pennit from the Public Works Department pnor commencmg installations. 8. Submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) shall be designed to ensure that water is retained only during 1 DO-year stonn events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees shall not be considered as rep lacement trees for those trees that have to be removed. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 13. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation, C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 7 breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), iffunds are available. 2. Either provide an $8,800.00 Public Right's-of-Way Road Trust deposit for the construction of 5-foot concrete sidewalk abutting the site (approximately 440-feet) prior to issuance of a building permit, or District approval of a final plat, OR construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right- of-way and at the correct vertical difference from the center ofthe road (see District staff). Coordinate the location and design ofthe sidewalk with District Design staff (387-6225). Ifthe sidewalk is constructed outside of the right-of- way, the applicant must provide an easement. 3. Construct Drucker Street to intersect Locust Grove Road approximately 120-feet north of the south property line, as proposed. Pave Drucker Street a minimum of 24-feet wide and at least 3D-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road, District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 4. Construct Locust View Street to intersect Locust Grove Road approximately 100-feet south of the north property line, as proposed. Pave Locust View Street a minimum of24-feet wide and at least 3D-feet into the site beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. The applicant shall provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of20 MPH and a maximum intersection approach grade of2% for at least 40-feet. 5. The applicant shall provide the District with a copy of a recorded cross access easement for the parcels within the development to use the private roads within the development for access to the public street system. 6. Other than the private streets approved with this application, direct lot or parcel access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 7. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 8 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION I (pP-02-026) 9 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe 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 ofthe 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. The project which is comprised of one and two family dwellings will require a fire-flow ofl,OOO gallons per minute and shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. 2, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to Public Works for plan review. 5. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 6. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 7. An approved turn-around is required for any dead-ends over 150' in the commercial area. 8. On street parking shall be restricted to one side on all streets to provide a minimum of a 20' clear driving surface available at all times. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 10 9. Commercial occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart, 1997 UFC Appendix III-A. 10. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code, 11. All access roads witllln the project shall have clear driving surface with a minimum width of20' available at all times. The typical street width of34' will be allowed to have parking on both sides. The typical street with a minimum width of 29' will be required to have restricted parking to only one side. UFC 902.2.2.1. E. Adopt the Recommendations of Settlers Irrigation District as follows: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Settlers Canal that courses near the northern boundary ofthe property just south ofthe Jackson Drain. This canal will require tiling with reinforced concrete pipe according to SID specifications. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on-site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to construction. 5. An irrigation diversion facility is provided for this development located near the east boundary ofthe Penn Station Apartments. F. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDIVISION / (pP-02-026) 11 G. Adopt the Recommendations of the Central District Health Department as follows: 1, This proposal can be approved after written approval from appropriate entities are submitted, 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Deparhnent of Health & Welfare, Division of Environmental Quality, 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. H, Adopt the action of the City Council taken at their February 18, 2003 meeting as follows: 1. For clarification, all of the lots that are along the pathway that extends from Perm Station from the east to Locust Grove shall have the restriction that the fencing shall be consistent with the fencing plan submitted, and that the fencing shall not be more than a four foot solid fence or a six foot semi-private open fencing type - (e.g. lattice on the upper two feet along the pathway is allowed if vision is not unduly restricted). 2. That the Applicant has requested a change from the apartment complex to a townhouse development for this project. By action of the City Council at its regular meeting held on the day of , 2003. ROLL CALL COUNCILMAN BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDNISION / (pP-02-026) 12 COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED COUNCILMAN NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: Z:\Work\M\Meridian\Meridianl 5360M\I..ocust Grove Place Sub AZ-02-{)27 PP-02-{)26 CUP-{)2-{)41 \FfClsOrdPP,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT LOCUST GROVE PLACE SUBDMSION / (pP-02-026) 13 February 28,2003 MERIDIAN CITY COUNCIL MEETING APPLICANT March 4, 2003 ITEM NO, Lo REQUEST Ordinance -- Meridian Police Department Rules and Policies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE 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: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: 'f>~ , ( Jv (VlOf- tv ~# Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED MAR 1 1 2003 City of Meridian City CIerl;: Office WHITE PETERSON KEvIN E. DINIUS JUl.IE KLE1NFlSCHER WM. F. GtGRAV, III T, Guy lL\u.M!* D. SAMUEL JOHNSON LAmtvD, MOORE WH.I.IAMA. MORROW WlU.IAM F.NICHOIS. QnuSTOPHI!ll S, NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PtuUPA.PETBRSON ArrORNEYS AT LAw NAMPAOFFICE ERICAS, PtuwPS 5700 E. FRANKLIN RD., BlUeS. ROSSMAN 8=200 TODDA. RossMAN NAMPA, IDAHO 83687-8402 DAVlDM.SWAR1UY TEL, (208)466-9272 PAMELAJ. TARWW TERRENCER. WHITE." FAX (208) 466-4405 NICHOLAS L WOu.EN "Also admitted in OR ... Also admitted in WA March 10, 2003 William G. Berg, If. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: AUTUMN FAmE, LLC I TRICIA'S SUBDIVISION NO.4 FINAL PLAT (FP-03-009) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Z:\Work\MIMeridian\M:eridian 1 5360M\Tricia's Sub No.4 FP..o3-009\Clerk FP Ilr03 10 03.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 03/04/03 IN THE MATTER OF THE ) APPLICATION OF AUTUMN ) FAmE, LLC FOR APPROVAL OF ) FINAL PLAT FOR TRICIA'S ) SUBDIVISION NO.4, LOCATED ) SOUTHWEST CORNER OF ) USTlCK ROADN AND BLACK CAT) ROAD, MERIDIAN, IDAHO ) ) CASE NO. FP-03-009 ORDER OF CONDmONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on March 4,2003, and the Council finding that the Administrative Review is complete which has included certain comments as stated in a letter to the Mayor and Council from Wendy Kirkpatrick Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and that Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Scott Stanfield, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"TRICIA'S SUBDIVISION NO, 4, APART OF U.S. GOVERNMENT LOT 1, SECTION 4; T, 3 N., R lW.; B.M.; MERIDIAN, ADA COUNTY, IDAHO 2003, AU0901002 2/28/03, HANDWRITTEN DATE: 2/28/03, RECEIVED MAR 04 2002 CITY OF MERIDIAN CITY CLERK OFFICE, SHEET 1 OF 3, EARL & ASSOCIATES, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDMSION NO. 41 (FP-03-009) - 1 INC,~SURVEYORS, ENGINEERS & PLANNERS", Autumn Faire, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Wendy Kirkpatrick Planner II for the Planning and Zoning Department, dated March 5,2003, listing 10 General Requirements and 18 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "N', and consisting of four pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their March 4,2003 meeting as follows, to-wit: 1.1 Per action of the Council taken at their March 4, 2003 meeting pertaining to Site Specific Comments number 15, the following Site Specific Comments number IS shall be revised and which shall now read as follows: SITE SPECIFIC COMMENTS 15. Sanitary sewer service to this development will be via the temporary lift station in the Ashford Greens development. Applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. This development shall be subject to existing Ashford Greens lift station and pressure sewer latecomer fees, which will be due and payable prior to plat signature, 1.2 Comply with the Meridian Fire Department's requirements as follows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDMSION NO.4 / (FP-03-009) - 2 2, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius, 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 ofthe Uniform Fire Code, 6, The roadways shall be built to Ada County Highway Standards. UFC 902.2,1 7, Provide an approved turn around for any street, which exceeds 150' in length as a result of the phasing of the project. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: I. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2, Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRlCIA'S SUBDMSION NO.4 / (FP-03-009) - 3 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1, The Plat dimensions are approved by the City Engineer; and 2, The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on the 1--I~ day of In MOA.,. , 2003. ~~ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. Dated: 3-11-& \,\IUIIII r/1I111 \\\, .r:: 1\.1- I" '. ..,,\ _{ Q. Me.RIb. "1/ $:' ~, ~ .../~ $' c} o?'poR.1)'; ~ ':;. :: ~G ~o ~ :: ~ ~ - ~ ~ - ByJf~~~P,. City Clerk SEAL ,. & ::: -:. ~ -$5 02 ~"7^ USi 15\ ' ~.:::' ~ v. ~ '" ...... -;,;; ,~0\ "..... h C~^ ,V,, ~//I. v! ~~r"f"'l1 '\" 11'<'0", "'0',,; ,.,\\\\\ l"'i;'",~~/ c~_~,"\ Z:\Work\M\Meridian\1\.feridian 15360M\Tricia's Sub No, 4 FP-03.009\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRICIA'S SUBDIVISION NO. 4/ (FP-03-009) ~ 4 RECEIVED FEB 2 7 2003 CITY OF MERIDIAN Request for Final Plat Approval ofTricia's Subdivision No.4 - CITY CLERK OFFrCE Fifty~Tbree (53) Building Lots and Six (6) Other Lots on 17.67 Acres in an R4 Zone, by Earl, Mason and Stanfield, Inc. (File No. FP~03-009). MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY COlJNCIL ME1vfBERS TanunydeWeerd Keith Bird Cherie McCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN~ IDAHO 83642 (208) 888-4433 . F A.,.'X (208) 887-4813 City Clerk Office Fax (208) 888-4218 l\:IEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission Wendy Kirkpatrick, Planner IT [JA-l ~ Bruce Freckleton., Senior Engineering Tech ~ From: Re: LEGAL DEPARTlvIENT (208) 288-2499 . Fa.>: 288-2501 PUBLIC WORKS BUILDING DEP ARTIvIENT (208) 898-5500 . Fa.>: 887-1297 PLA.l'-iNING Ai'l"D ZONING DEPARTMENT (208) 884-5533 ' F A..X 888-6854 March 5, 2003 We have reviewed the above referenced submittals and otTer the foRowing comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property is located on the south~west corner of Us tick Road and Black Cat Road. SURROUNDING PROPERTIES North: Rural residential/agricultural, zoned RUT (Ada County). South: Tricia's Subdivision No.1, zoned R-4. East: Rural residential/agricultural, zoned RUT (Ada County). West: Rural residentiaVagricultural, zoned RUT (Ada County). SITE SPECIFIC CO:MMENTS I 1. W, Sagewood Street has been revised from the preliminary plat; the street no longer stubs to the western edge of the subdivision. A new stub street was added to Tricia' s Subdivision No. 1 and subsequently the stub street originally proposed for Tricia's Subdivision NO.4 was no longer necessary. 2. Lots # 8, 9, 10. and 11 of Block 1 ~ lots # 7 and 9 of Block 10 do not meet minimum frontage requirements of an R-4 Zone (40~feet measured on the chord.) A revised plat must be submitted showing that all subdivision lots meet frontage requirements before the plat can be signed by the City Engineer. FP-03-0Q9 E)A:b;~ "If" IIJ/if Ttici&'s Sob, No.4.FP C",. Planning & Zoning CornrnissioUtMayor & City Council October 21,2002 Page 2 3. Add the "FRONT' arrow symbol from the plat legend on Lots 6, and 13, Block 1, Lots 1, and 24, Block 10, and Lot 20, Block 9 toward N. Valley Green Way; and on Lot 9, Block 8, toward N. Sweetwood Avenue; and on Lot 16, Block 10, toward W. Harvest Way; and on Lots 5, 11 and 12, Block 10, toward W. Sagewood Street; and on Lot 11, Block 9, toward N, Willowside Avenue. Although some of these lots show "FRONT" on the lots, the arrow symbol and designation per the legend should be more readily understandable by buyers and homebuilders. 4. Revise plat note # 9 to read, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known established normal ground water elevation. " 5. Remove easement lines across the north side of Block 1, Lot #16. 6. Applicant is to meet all terms of the approved preliminary plat and development agreement. 7. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 8, The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The common areas within the development will be subject to City of meridian water assessments since this system has a backup connection to the City water system. Payment of water assessment fees for the common areas is required prior to city signatures on the final plat map. 9. A detailed fencing plan has been submitted with the application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 25-year storm events; and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. tJ&:b:-l "}I" ~cf4 I!~"<<<<' t.,'..,. Planning & Zoning ComrnissiofilMayor & City Council October 21,2002 Page 3 12, A detailed landscape plan, in compliance with the landscape ordinance has been submitted for the subdivision with the final plat application. 13. The applicant has submitted a master grading and drainage plan as part of the development plans for the subdivision. This plan will be reviewed and approved as part of the plan review process. 14, Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer) ') water etc., prior to signature on the final plat. WV~ ~ .~f .15. kanitary sewer service to this development will be via the temporary lift station in the -I ' Ashford Greens development. The developer shall enter into an operation and (L '< :y t maintenance agreement with the City of Meridian. Applicant will be responsible to \.J' ~v ?J ~~ construct lateral sewer mains to and through this proposed development. Subdivision ~~ (I\) \ ~ . designer to coordinate main sizing and routing with the Public Works Department. Once \:.;bf\" f1i~ oJ the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City \ 'J,\~\'\' Council, such fees would be applied to each building permit issued in this development. ~ CjJio~j.. The current estimated fee is $1,500.00 per lot. r 16. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 17. Sidewalks are to provide a clear five-foot-wide walkway without encroachment of mailbox structures. 18. Applicant shall be responsible to construct a temporary trash containment fencing around the outside perimeter of this subdivision, except where the City has expressly agreed, in writing, that such fencing is not necessary. GENERAL COMMENTS 1. A copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering has been submitted. 2, Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. EPt.'&.~1 "1).. 3 oP.J C" Planning & Zoning CommissiontlMayor & City Council October 21, 2002 Page 4 4. Developer shall coordinate mailbox locations with the Meridian Post Office. 5, Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. 250 and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company, The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Compaction test results have been submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 10, Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12- 5-2.K. t'A.Alb,'~ "f) It '1 cf4