HomeMy WebLinkAbout2001 10-16
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, October 16, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
-----6- Tammy de Weerd ~ Ron Anderson
---L Cherie McCandless -----6- Keith Bird
---L Mayor Robert Corrie
2. Adoption of the Agenda: Approve as Modified
3. Consent Agenda:
A. Approve minutes of September 11, 2001 City Council Workshop:
Approve
B. Approve minutes of September 25, 2001 City Council Regular
Meeting: Approve
C. Approve minutes of October 2,2001 City Council Special Meeting:
Approve
D. Approve minutes of October 5, 2001 City Council Special Meeting:
Approve
E. Meridian School Resource Officer Agreement: Table until
November 7, 2001
5-F. Tabled from October 2, 2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01-011 Request for
annexation and zoning of 9.79 acres from RUT to C-G zones for
Franklin Mini Storage by Ron Osborne - 1975 East Franklin
Road: Approve
5-G. Tabled from October 2, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01~024 Request for a
Conditional Use Permit for the construction of a storage unit on
9.79 acres with one office/commercial pad for Franklin Mini
Meridian City Council Agenda - October 16, 2001
Page 1 of 1
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Storage by Ron Osborne - 1975 East Franklin Road: Table until
November 7, 2001
H. Findings of Fact and Conclusions of Law for Approval: AZ 01 ~
010 Request for annexation and zoning from R 1 to C-G zones for
Podiatry Building by Smith Brighton, LLC - 1065 East Fairview
Avenue: Table until November 7,2001
5MI. Findings of Facts and Conclusions of Law for Approval: CUP
01 ~015 Request for a Conditional Use Permit for a Planned Unit
Development for mixed use Residential/Commercial in proposed C-
G and R-40 zones for proposed Baltic Place Subdivision by L.C.
Development, Inc. - Franklin Road west of Locust Grove Road:
Approve
J. Findings of Facts and Conclusions of Law for Approval: PFP
01 ~004 Request for Preliminary/Final Plat approval of 3 building
lots on 2.85 acres in an L-O zone for proposed Treasure View
Subdivision by Pinnacle Engineers, Inc. - 3500 East Magic View
Drive (southeast of East Magic View Drive and South Allen Street):
Approve
K. Findings of Facts and Conclusions of Law for Approval: PFP
01-003 Request for Preliminary/Final Plat approval of 2 building
lots on 4.04 acres in an I-L zone for proposed Heartwood
Subdivision by Pinnacle Engineers, Inc. - northwest corner of
West Franklin Road and North 10th Street: Approve
L. Findings of Facts and Conclusions of Law for Approval: AZ 01M
013 Request for annexation and zoning of 4.24 acres from M-1 to
I-L zones for Coors Distributing by Coors Distributing Co. - 3225
Commercial Court: Approve
M. Development Agreement with R. C. Willey: Approve
4. Department Reports
A. Public Work's Department - Gary Smith:
1. Waterline Easement - KD Roofing Project: Approve
2. Vienna Woods Subdivision Sewer Latecomers Agreement
with Peterson's: Approve
3. Landing Subdivision NO.7 Sewer Latecomers Agreement:
Table until October 23, 2001
Meridian City Council Agenda - October 16, 2001
Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
4. Landing Subdivision NO.7 Water Latecomers Agreement:
Table until October 23, 2001
5. Well No. 23 Pumping Facilities - Agreement for Professional
Services: Table until October 23, 2001
B. Mayor Corrie:
1. Urban Renewal Committee Appointment: Approve Linda
Rupe for three year term
2. Appointment of alternates for VJATrans Board: Approve
David and Brad Hawkins-Clark
5. (Items Moved from Consent Agenda)
6. Continued Public Hearing from October 2,2001: CUP 01 M026 Request
for a Conditional Use Permit for the addition of a Drive-up window and
Drive-Thru lane in a C-G zone for Moxie Java by Avest Limited
Partnership clo Dakota Company - North Locust Grove Road and East
Loop Lane: Approve denial of CUP
7. Public Hearing: CUP 01~021 Request for a Conditional Use Permit for a
dual restaurant with drive-thru in a C-G zone for Kentucky Fried
Chicken/A&W by G & H Enterprises II - 677 East First Street: Continue
Public Hearing to November 7,2001
8. Discussion of Ada County Development Services Project for Keltic
Heights - 1,451 units on 383.81 acres: Discussed
9. Agreement for the Reappointment of City Attorney, the Provision of
Legal Services and for Payment of Attorney Fees and Costs:
Approve
Meridian City Council Agenda - October 16. 2001
Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council MeetinQ
October 16. 2001
The regularly scheduled meeting of the Meridian City Council was called to order at
6:30 P.M. on Tuesday October 16,2001 by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie
McCandless.
Members Absent: Ron Anderson.
Others Present: Bill Nichols, Mike Worley, Shari Stiles, Gary Smith, Brad Watson, Ken
Bowers, and Will Berg.
Corrie: All right. We want to welcome everybody here tonight. It looks like we have high
school kids. Which cfass is this? Meridian High School. American government. Great.
Maybe you can teach us something. Okay. With that I will open the regular City Council
meeting, Tuesday, October 16lh, 6:30 P.M., and we will have role call attendance by the
City Clerk, please.
Item 1.
RolI~call Attendance:
_X_ Tammy de Weerd _0_ Ron Anderson
X Cherie McCandless X Keith Bird
- - _X_ Mayor Robert Corrie
Item 2.
Adoption of the Agenda:
Item 3.
Consent Agenda:
A. Approve minutes of September 11, 2001, City Council
Workshop.
B. Approve Minutes of September 25, 2001, City Council Regular
Meeting.
C. Approve Minutes of October 2, 2001, City Council Special
Meeting.
D. Approve Minutes of October 5, 2001, City Council Special
Meeting.
E. Meridian School Resource Officer Agreement.
F. Tabled from October 2, 2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01 M011 Request for
annexation and zoning of 9.79 acres from RUT to C-G zones for
Meridian City Council Regular Meeting
October 16, 2001
Page 2
Franklin Mini Storage by Ron Osborne - 1975 East Franklin
Road.
G. Tabled from October 2, 2001: Findings of Facts and
Conclusion of Law for Approval: CUP 01M024 Request for a
Condition Use Permit for the construction of a storage unit on 9.79
acres with one office/commerciaJ pad for Franklin Mini Storage by
Ron Osborne - 1975 East Franklin Road.
H. Findings of Fact and Conclusions of Law for Approval: AZ
01-010 Request for annexation and zoning from R1 to C-G
zones for Podiatry Building by Smith Brighton, LLC - 1065 East
Fairview Avenue. .
Findings of Facts and Conclusions of Law for Approval: CUP
01~015 Request for a Conditional Use Permit for a Planned Unit
Development for mixed use Residential/Commercial in proposed
C-G and R-40 zones for proposed Baltic Place Subdivision by
L.C. Development, Inc. - Franklin Road west of Locust Grove
Road.
J. Findings of Facts and Conclusions of Law for Approval: PFP
01 ~004 Request for Preliminary/Final Plat approval of three
building lots on 2.85 acres in an L-O zone for proposed
Treasure View Subdivision by Pinnacle Engineers, Inc. - 3500
East Magic View Drive (southeast of East Magic View Drive and
South Allen Street).
K. Findings of Facts and Conclusions of Law for Approval: PFP
01-003 Request for Preliminary/Final Plat approval of two
building lots on 4.04 acres in an [-L zone for proposed
Heartwood Subdivision by Pinnacle Engineers, Inc. - northwest
corner of West Franklin Road and North 10th Street.
L. Findings of Facts and Conclusions of Law for Approval: AZ
01-013 Request for annexation and zoning of 4.24 acres from
M-1 to J-L zones for Coors Distributing by Coors Distributing Co.
- 3225 Commercial Court.
M. Development Agreement with R.C. Willey.
Corrie: Okay. Item NO.2 is Adoption of the Agenda. Council, any changes?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Regular Meeting
October 16. 2001
Page 3
Bird: Under our Consent Agenda, Item E, the Meridian School Resource Officer
Agreement, Chief Worley would like that pulled off the agenda until him and the school
can get together and go over it, so we will pull that.
Corrie: Chief, do you have a date that you want that-
Bird: Do you want-when that comes back?
Worley: Mayor and Council, two weeks would be fine.
Corrie: Two weeks?
Bird: November ylh? Okay. Pull that to November yth. Items F and G have been
requested to be pulled off the consent agenda and moved to Items 5-F and 5-G. Item H
we do not have the findings, because the attorney is waiting for the legal descriptions,
so we will-I would recommend that we take that and table that until November 7,2001,
too. And item I needs to be taken off and made 5-1 onto the regular agenda. And also on
the regular agenda Item No. 7 has been-we do not have any ACHD findings or
anything, so we'd like to table that to November 7,2001.
Corrie: We will open the public hearing and we will do that.
Bird: Okay. And then Item No. 10 we are a week early on the water and sewer and
trash. That was my fault.
Corrie: Okay. All right. Any other corrections from Council?
De Weerd: No.
Corrie: Okay. Then I will move to adopt the agenda as-okay. Would you come up
here, please? I need to find out what's going on here for a minute.
Gibbs: I'm Jonathan Gibbs with G&H Enterprises and KFC and J don't think it's fair to
table our thing because of ACHD. When I went and picked up my agenda they had
attached Wendy's ACHD stuff to my agenda, instead of ours, and we have been
through with ACHD for two months. So I can't believe there should be any problem with
ACHD with KFC. Somebody screwed up and put Wendy's stuff on there.
Corrie: Okay.
Bird: Okay. We will open the public hearing, then, and go from there.
Corrie: All right.
Bird: Mr. Mayor.
Meridian City Council Regular Meeung
October 16, 2001
Page 4
Corrie: Yes.
Bird: J move that we approve the adoption of the agenda and also that we approve the
consent agenda as stated earlier.
Corrie: All right. Motion has been made to adopt the approved agenda as admitted and
the consent agenda.
McCandless: Second.
Corrie: Okay. Roll call vote.
Roll Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent.
Corrie: Okay. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 4.
Department Reports.
A. Public Work's Department M Gary Smith:
1. Waterline Easement. KD Roofing Project.
Corrie: Department Reports. Public Works Department. Gary Smith.
Smith: Thank you, Mr. Mayor, Council Members. The first item is a Waterline Easement
for KD Roofing Project. Their project is located on Overland Road. As my memo
explains, it's a small easement that's necessary for the city to access fire hydrant and
water meters for this building project. The easement document is attached with a legal
description of the easement and then I believe there is also a small map showing the
location of the easement graphically. Our recommendation to Council would be to
permit-approve of this waterline easement to access fire hydrant and water meters
located on private property of Kendall and Shelly Doty, authorize Mayor Corrie and City
Clerk Berg to sign the document.
Corrie: Okay. Council, questions?
Bird: I have none.
De Weerd: I have none.
McCandless: None.
Corrie: All right, then, I'll entertain a motion, then, on the request for -- excuse me-the
Public Works Department.
Meridian City Councll Regular Meeting
October 16, 2001
Page 5
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move we approve the easement to permit city access to the fire hydrants
and water meters located on private property of Kendall and Shelly Doty and to
authorize Mayor Corrie and City Clerk Berg to sign the easement and adopt the-
McCandless: Second.
Corrie: Motion has been made and seconded to approve the Waterline Easement for
the KD Roofing Project. Further discussion? Hearing none, all in favor of the motion say
aye. Any opposed? All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
2. Five Mile Sewer Latecomer Agreement.
Smith: Thank you, Mayor. Thank you, Council. The second item J have is a sewer
latecomer's agreement for the developers of Vienna Woods Subdivision, which is to
reimburse the developers for costs that they incurred in extending the sewer line to their
subdivision. The sewer line will serve other property that's adjacent to it in a gravity
manner. The agreement is attached to the transmitted letter. The developer has signed
the agreement and it's presented to you this evening for your approval. So it would be
Public Works' recommendation to approve of this sewer latecomers agreement to the
developers of Vienna Woods Subdivision; for the Mayor to sign and the City Clerk to
attest.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Gary, do you have Tom Nichol's letter that we received today?
Smith: No, I do not.
De Weerd: Dated October 15th?
Smith: No, I do not.
De Weerd: Mr. Clerk, can you get Gary a copy so we can talk about that?
Bird: You can take mine.
De Weerd: Mr. Smith, do you know what that is regarding?
Meridian City Council Regular Mee"'lg
October 16, 2001
Page 6
Smith: Pardon me?
De Weerd: Do you know what that's about?
Smith: Well, Mr. Jewett owned some property at the southwest corner of-or the
southwest corner of Chinden and Locust Grove and there is a portion of that property
that's included in the service area for this sewer line.
De Weerd: Does that have any effect on tonight's action?
Smith: I can't see why it would.
De Weerd: Okay. Thank you.
Bird: Mr. Mayor.
Corrie: Commissioner.
Bird: Gary, are you in receipt of the letter that this same developer had requested
sewer service from us? We received one I believe it was a week ago, ten days ago,
requesting-to the Mayor requesting sewer service to their property out there by Vienna
Woods?
Smith: I believe I have seen that. Yes.
Bird: And this is what this letter here is referring to; am I not right?
Smith: Well, his letter-this land consultant letter is stating that a portion of Jim Jewett's
property is included in the service area for this latecomer agreement, which is true. But I
don't know how that ties together with his request for sewer service. I think they are two
different subjects.
Bird: I agree with you.
Smith: Any other questions I can answer?
Bird: I have none.
Corrie: Any other questions from Council? Okay. Entertain a motion, then, on the
request for the latecomer's agreement for Vienna Woods Subdivision.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
Meridian City Council Regular Mee,,, Ig
October 16.2001
Page 7
De Weerd: I move that we approve the sewer latecomers agreement with-in regards
to Vienna Woods Subdivision with Martin Peterson and Dean H. Peterson Family
Limited Partnership and to have the Mayor sign and Clerk attest.
Bird: Second.
Corrie: Okay. Motion made and seconded to approve Vienna Woods Subdivision sewer
latecomers agreement. Further discussion? Hearing none, all those in favor of the
motion say aye? All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
3. Landing Subdivision No. 7 Sewer Latecomers
Agreement.
4. Landing Subdivision No. 7 Water Latecomers
Agreement.
5. Well No. 23 Pumping Facilities M Agreement for
Professional Services.
Smith: Thank you, Mayor, and Council. The next item I have is another latecomer's
agreement for the Landing Subdivision NO.7. It's a sewer latecomer's agreement.
Landing Sub No.7 is located on the east side of Linder Road south of Franklin. This
subdivision has been completed for sometime. The latecomer's agreement for both the
sewer and the water are before you this evening for approval. Again, it's an extension of
sewer line that will serve more property than what the developer actually constructed
and so they are requesting reimbursement for capacity of the sewer line beyond that
which is needed by their subdivision.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I have got a question for Gary or the Clerk. I have not received-and not that]
couldn't have misplaced it, but I have not received the sewer, water for the Landings, or
Well 23 agreements.
De Weerd: Neither have I.
Corrie: None of us have.
Bird: Have you got a copy of it, Mr. Clerk?
Meridian City Council Regular Meeullg
October 16,2001
Page 8
Berg: Mr. Mayor and Council, not in my packet, so I don't know if we received it, unless
Brad could tell me yes. He didn't get it in the packet or else it got distributed and not
attached to this final sheet.
Smith: Well, Mr. Mayor and Council, if you don't have them, then I would just suggest
that we table these items until following Council meeting.
Bird: Js that going to be okay, Gary?
Smith: Sure.
Bird: It's not going to affect anything? Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move, then, that we table items three, four, and five under 4-A, the
Landing Subdivision NO.7 sewer latecomers agreement and Landing Subdivision NO.7
water latecomers agreement and Well No. 23 pumping facilities - Agreement for
Professional Services until October 23, 2001.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to table items three, four, and five
in the Department Reports of the Public Works until the October 23rd meeting. Further
discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion
carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Smith: Thank you, Mr. Mayor, and Council. I apologize for not having that info to you.
Corrie: Thank you.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: It looks like this might be a short meeting, so I could also provide a lecture
for our high school students.
B. Mayor Corrie:
1. Appointment to Downtown Re~Development or Urban
Renewal.
Meridian City Council Regular Meeting
October 16, 2001
Page 9
Corrie: Council-you guys you want to leave early. Okay. Next item on the agenda is
myself; see if I'm prepared for this. Urban Renewal-a person for the Urban Renewal
Board, an appointment, and I would like to appoint-have you got that? Okay. That's
why. You have got it and I don't have it.
Bird: Here.
Corrie: All right. I would like to appoint Linda Rupe to the Downtown Urban Renewal
Board as the seventh member of the board.
Bird: What is her term there?
Corrie: The term will be-
Bird: Is it two or three years?
Corrie: It's three years, I think.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we confirm your appointment is of Linda Rupe to a three-year
appointment, if that's what the appointments for, to the Downtown Urban Renewal
Board.
McCandless: Second.
Corrie: Okay. Motion has been made to approve Linda Rupe as the seventh member of
the Urban Renewal Board. Any further discussion? All those in favor of the motion say
aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Linda, are you here tonight?
De Weerd: No. She's out of town.
2. Appointment of alternates for VIA Trans Board.
Corrie: She's out of town. Okay. Asked her if she could make it, but-all right. The
other is appointment of alternates to the VIA Trans Board. The request-I would like to
add as alternates to that board-Shari, what did we do with that piece of paper that you
had? Okay. The two alternates would be David Zarumba and Brad Hawkins-Clark to be
added and then the-Mr. Attorney, we will give you the form to make out the resolution
Meridian City Council Regular MeeLlllg
October 16, 2001
Page 10
or that, too, then. So with that I would ask Council to approve the alternates to that
board.
De Weerd: Mr. Mayor.
Bird: Mrs. de Weerd.
De Weerd: I move we approve the alternates for VIA Tran's Board as David Zarumba
and Brad Hawkins-Clark as alternative.
Bird: Second.
Corrie: Okay. Motion has been made and seconded to approve the two alternates to
the VIA Trans Board. Any further discussion? Hearing none, all those in favor of the
motion say aye. All ayes. Motion carried. Thank you.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5.
(Items moved from Consent Agenda)
F. Tabled from October 2, 2001: Findings of Facts and
Conclusions of Law for Approval: AZ 01 ~011 Request for
annexation and zoning of 9.79 acres from RUT to C-G zones for
Franklin Mini Storage by Ron Osborne - 1975 East Franklin
Road.
G. Tabled from October 2, 2001: Findings of Facts and
Conclusion of Law for Approval: CUP 01M024 Request for a
Condition Use Permit for the construction of a storage unit on 9.79
acres with one office/commercial pad for Franklin Mini Storage by
Ron Osborne - 1975 East Franklin Road.
Corrie: All right. Items moved from the Consent Agenda. We have items F and G. The
first one we will take up is F. This is the Findings of Fact and Conclusions of Law for
Approval, request for annexation and zoning of 9.79 acres from RUT to C-G zones for
Franklin Mini Storage. At this time, staff, do you have any-Mr. Bird, do you have-
Bird: Well, we have a letter here that-asking that they have some-on Item G, the
Finding of Fact No. 46 regarding-
De Weerd: Maximum building height.
Bird: Yes. Maximum building height. It should have Exhibit A removed, it says. Mr.
Nichols, do you-
Nichols: Mr. Mayor.
Meridian City Council Regular Meellllg
October 16, 2001
Page 11
Corrie: Mr. Nichols.
Nichols: Perhaps we can shortcut this a little bit. Shari, have you seen this position
statement from Mr. Brown?
Stiles: Yes. I received ittonight.
Nichols: Have you had a chance to review that?
Stiles: I just looked over it. It doesn't appear that there is anything out of the ordinary,
but I haven't referred back to the findings on it.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: This is one of the other things that we-that causes a lot of confusion is the fact
that we get this request on the day of the meeting. We have had no chance to review it,
neither the staff, nor any of us. I would like to ask, if the applicant is here, when he got
his Findings of Facts and Conclusions of Law from the City.
Corrie: Mr. Brown.
Bird: Mr. Brown.
Brown: We got it just before our last meeting two weeks ago and then I got just the
other day or Monday I got a copy of the proposed development agreement and I wanted
to look at it before I could generate this letter and so then I went through that and the
purpose of this is just to make it easier for staff and myself as we comply with these
conditions. That's the only intent in the four changes, other than we had made a request
during the hearing not to have landscaping behind the Osborne home put in, in the
initial phase and so, therefore, we just asked for a clarification. In none of the
hearings-we had two hearings before P&Z and the one hearing with the City Council
and there was never any opposition to that request. It's just kind of a convenience on
their part to not have that until it develops in the future with phase two.
Bird: The only problem we have in getting it at this late a date-
Brown: I understand.
Bird: -- we have had no way to review it. And then, you know, we have got to sit here
and go and try to digest this while the actual event is going on and it's not really fair to
the client, it's not fair to staff, and you have had the Findings of Facts for a couple of
weeks-
Meridian City Council Regular Meelirlg
October 16, 2001
Page 12
Brown: Yes.
Bird: -- and you went over this-
Brown: Correct.
Bird: -- and we couldn't have responded last week on the Findings of Facts, regardless
of the development agreement? Because your opposition seems to be mostly in the
Findings of Facts.
Brown: On the Conditional Use. It has nothing to do with the annexation.
Bird: I realize that. I realize that.
Brown: And, realistically, we could live with everything, other than we are asking just to
clarify, so that staff would be aware, whether there is a real need for the landscaping
behind. J mean, realistically, I think that even jf you didn't change the wording we could
get through it. I feel that my wording is a little easier to understand, especially when you
tie that with the development agreement, that first one, to remove Exhibit A. Well,
Exhibit A is-when these Findings become a part of the development agreement, it
makes references to an Exhibit A also, but it happens to be a metes and bounds
description of the property that's being annexed. So my intent was not to make it more
confusing, but just make it easier to understand. I mean if you look at the Exhibit A, then
you're going to be looking at a metes and bound description and going how does that
have anything to do with the building height, so-but do I think I can work that out with
staff? Yes. I mean if-
Bird: The problem is what we pass on tonight is the deal here and for us to go back and
say this was what was and wasn't meant, we have to go back and look through the
minutes and see if that's how the motion's stated, if that was what the public testimony
was, what the Council had been in a motion, we need to do the deal. I have no problem
we can't work it out.
Brown: Mr. Mayor, Councilman Bird, it was what the motion was. The staff passed on
what was there. There wasn't any problem with the way the Findings and the way that
they were originally drafted; it just had to do with the confusion. The only part that we
initially-I guess the reason I went and made those changes is because we did want to
talk about-there was never anything that was discussed about we made a request to
not have landscaping behind the Osbornes, there was never anything really finalized on
that. Since we were going to interrupt this meeting anyway to take it off the consent
agenda, my intent was-is to try to clarify two or three of those -- I mean we have got 68
findings, you know, and there is like ten of them that refer to fencing and if you read
each one of them you almost-you need a jigsaw puzzle to go, okay, this one says this,
now what-how does that go in comparison with Finding 68, also finding-I mean so
you just-my intent was to make it easier. But if you don't want to do that, then the only
Meridian City Council Regular Meeting
October 16, 2001
Page 13
thing that we are interested in is if you were opposed to the request that we originally
made about putting landscaping behind the Osborne's house.
Bird: I'm sure that that was-Mr. Brown, I agree with you a hundred percent, but the
problem is we have not had a chance to look at your deals and we have not had a
chance to go back and look at our deals. This time-this time we give you plenty of time
with your Findings of Facts and Conclusions-we got them to you in a timely manner
and then we don't get this until tonight is the thing that I --
Brown: And I understand.
De Weerd: Mr. Mayor? Maybe we should just go ahead and act on annexation and
zoning and table this, so that you can get with staff to clarify some language and we can
have it back on the agenda and maybe if in our next package we can have the minutes
that went along with the motion, so that we have a chance to review that. Is that okay
with the applicant?
Brown: I don't see any problem.
De Weerd: Okay.
Bird: Let's do that.
Corrie: Okay.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the Findings of Facts and Conclusions of Law and
Decision of Order for the request for annexation and zoning of 9.79 acres from RUT to
C-G zones for Franklin Mini Storage and to have the Mayor sign and the Clerk attest.
McCandless: Second.
Corrie: Motion made and seconded to approve the request for annexation, Item 3-F.
Further discussion? Hearing none, roll call vote, Mr. Berg.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent.
Corrie: All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
G. Tabled from October 2, 2001: Findings of Facts and
Conclusions of Law for Approval: CUP 01-024 Request for a
Meridian City Council Regular Meeling
October 16,2001
Page 14
Conditional User Permit for the construction of a storage unit on
9.79 Cares with one office/commercial pad for Franklin Mini
Storage by Ron Osborne - 1975 East Franklin Road.
Corrie: Item G, then, from that-we wanted to table that discussion to what meeting?
Bird: Go ahead.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we table the Findings for a Conditional Use Permit for Franklin
Mini Storage to November 7,2001.
Bird: Second.
Corrie: Okay. Motion made and seconded to table the request for Conditional Use
Permit on Item 3-G to November the 7, 2001. Any further discussion? All those in favor
of the motion say aye. All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Findings of Facts and Conclusions of Law for Approval: CUP
01-015 Request for a Conditional User Permit for a Planned
Unit development for mixed use Residential/Commercial in
proposed C-G and R-40 zones for proposed Baltic Place
Subdivision by L.C. Development, Inc. - Franklin Road west of
Locust Grove Road.
Corrie: I believe we have got three-or 5-1. This is a request for a Conditional User
Permit for a planned unit development and mixed-use residential/commercial in a
proposed C-G and R-40 zone for proposed Baltic Place Subdivision. Oh, there you are.
Okay. Would you like to come up? We will have you questioned here.
Center: Lee Centers. 325 Meridian Street.
Corrie: Okay. You were wanting some clarification, I believe, on yours; is that correct?
Centers: Yes.
Corrie: Okay.
Centers: Okay. We did meet with ACHD on a temporary sidewalk. They didn't have a
problem with it. We can extend the shoulder over. We can get about five or six feet,
actually, and then put up-on the fog line we can put up an extruded curb and paint it,
I
Meridian City Council Regular Meeting
October 16, 2001
Page 15
so that no one would drift over into that area. I just wanted to clarify that. There are
power poles and irrigation boxes, grades, and some other things that would be in the
way of it going any farther.
Corrie: I believe that was-item 25 is a five foot temporary sidewalk.
Centers: Yes. Yes.
Corrie: And you're wanting to know if it's okay if you just do it where you-
Centers: Yes. There is actually one like that out on Ten Mile that's been approved that
way.
Corrie: Okay. Council, do you have any problem with that?
De Weerd: No.
Bird: No.
McCandless: No.
Corrie: Okay. That's fine. So we will just go ahead approve your Findings of Facts and
a request for a Conditional Use Permit.
Centers: Okay. Thank you.
De Weerd: Thanks, Lee.
Corrie: Thank you, Lee. Okay. I'll entertain a motion, then, on Item I, Findings of Facts
and Conclusions of Law for CUP 01-015.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we approve the Findings of Facts and Conclusions of Law and
Decision of Order for the request for a Conditional Use Permit for a planned unit
development for a mixed use by the proposed Baltic Place Subdivision and have the
Mayor sign and the Clerk attest.
Bird: Second.
Corrie: Motion made and seconded to approve the CUP 01-015, Baltic Place
Subdivision. Any further discussion? Hearing none, Mr. Clerk, roll call vote, please.
Roll-Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, absent.
Meridian City Council Regular Mee(lflg
October 16, 2001
Page 16
Corrie: Okay. All ayes. Motion has been approved.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6.
Continued Public Hearing from October 2, 2001: Public Hearing:
CUP 01-026 Request for a Conditional User Permit for the addition of
a Drive-up window and Drive- Thru lane in a C-G zone for Moxie Java
by Avest Limited Partnership c/o Dakota Company - North Locust
Grove Road and East Loop Lane:
Corrie: Item No.6 is a continued public hearing from October 2, 2001. This is a request
for a Conditional Use Permit for the addition of a drive-up window and a drive-thru lane
in a C-G zone for Moxie Java by Avest Limited Partnership, Dakota Company. So at this
time I will continue the public hearing and staff comments, kind of bring us up to date on
this, please.
Stiles: Mr. Mayor and Council, this is for an application we have previously seen. It
was originally brought before the Council before the building was built. There was a
request at that time to have two drive-thrus for the TCBY and another drive-thru and
that was denied, mostly because of the impact on the adjacent residential uses across
Locust Grove. The current proposal is basically identical, as far as I can tell, from the
previous application. They would propose to have the north-south access, two-way
traffic, then they would have-apparently the traffic would access across the lane of
travel and go in here. I'm not quite sure of whether-how these signs work in. They
have got a sign shown here that says right turn only and a sign here that says do not
enter. I'm not sure, really, the purpose of those or how it exists today, but I would like
clarification from the applicant on what-the purpose of those, but we still feel that it's a
safety hazard and the Planning and Zoning Commission recommended and staff
concurred that the application should be denied.
Corrie: Okay. Any questions of staff at this point?
Bird: I have none.
Corrie: Okay. Mr. Durkin.
Durkin: My name is Larry Durkin. My address is 380 East Park Center Boulevard in
Boise, and I'm here tonight on behalf of Avest Property Management. I know I have my
work cut out for me on this request. It has been before you before and it was denied
before. I would like to clarify the record, though. As you know, I'm the developer of this
project and I took the original property through the annexation process, comprehensive
planning process, all of the approvals when all of the buildings were built and while we
did discuss with staff at that time the idea of putting a drive-thru on the east end of the
building, we never applied for it, we never had a hearing on it, and it was not denied.
The application was made later after the building was built. The application was
approved by the Planning and Zoning Commission and denied by Council. At that time
I
Meridian City Council Regular Mealing
October 16, 2001
Page 17
Rob Haggett asked for a motion to reconsider and that was denied. So, technically, it
has been in front of you twice, once on a regular application and once on a motion to
reconsider. So you might be wondering why I'm up here trying this again. And I will go
through my comments here and maybe you will see. This request is consistent with all
of the ACHD requirements. This request is consistent with all of the Meridian
ordinances. This request is consistent with the current comprehensive plan and the
latest draft of the newest comprehensive plan. As you know, this center was designed
and built in the early and mid '90s. It was the closest center of the City site that was
available at that time. While it does include a large Fred Meyer store, the site, as you
know, is geared to neighborhood uses, with local uses like a bank, sandwich shop, dry
cleaners, grocery uses, beauty salon, Christian movie rental. We are required to go
through the conditional use process for a drive-thru in the City of Meridian, yet it seems
to me that the City has applied a higher standard, because this is a larger center. A
couple of examples I'll give you. There is a Walgreen's across the street. Walgreen's
was approved and built within the last year. There is a drive-thru there. It was approved.
The access and the use for that drive-thru goes right through the parking. It probably
has a similar amount of travel as the application that we are making. There was no
comment, question, criticism, or concern about any safety matters at that time, yet it's
built on a very busy intersection. And I think they would be valid questions. There is a
Kentucky Fried Chicken, there is an Arby's, and there is a Dairy Queen in Meridian. All
of them have a similar drive-thru configuration with the same hazards that were brought
up at the last hearing. Intermountain Arms is right across the street. Good place. I go
there all the time. When I do, I go to that kiosk which sits in the middle of the parking lot.
It doesn't have any striped parking or driving arrangement whatsoever. It is-it's a kiosk.
It doesn't serve a real neighbor use. These are just to name a few. A denial tonight will
result in our tenant relocating to a space that will not have the neighborhood features
that we are talking about. It will not have parking in front, it will not have outside seating,
and it won't have a 1,500 square foot area inside for people to gather. I'd kind of like to
go off subject just for a moment. As you know, I have supported the comprehensive
plan-new plan that's in front of the City. I have testified at each public hearing about
that plan. I've attended many workshops-every one, I believe. My peers criticize me for
my support of the mixed use zoning in that camp plan, because it will require a planned
unit development and a Conditional Use Permit for each use. They claim the
Conditional Use Permit or planned unit development will allow the City to add conditions
that are outside of the ordinances or the plan and they also claim that these-this
language will not allow changes over time. As you know, it's been in the paper that I
have supported the neighborhood center concept. Well, my telephone rings off the hook
from other developers saying that this change will preclude just the type of request that
I'm making tonight. I tell my colleagues that responsible development will always be
allowed and encouraged in the City of Meridian. What we have developed in this
shopping center is responsible development. What we are proposing tonight is
responsible development. The landscaping, the walkways, the design of each building,
including this request, are well within the guidelines of existing plans and ordinances in
the City of Meridian. ACHD is in full support. The other tenants in the center are in full
support. To date there has been no opposition from the public at any meeting on this
subject. Centers must change over time or they die. Tenants must change over time or
Meridian City Council Regular MeeurLg
October 16, 2001
Page 18
they go out of the business. When this center was built, believe it or not, there was one
drive-thru coffee shop in the entire Treasure Valley and now there are many, including
in Meridian. We make changes to this center all the time. This particular change
requires your approval. We continually upgrade the landscaping, the lighting, the
striping, the traffic patterns in the center and we have a solid reputation with this group
for making changes at either your request, staff's request, or the public's request. If I
cannot provide a drive-thru, this tenant will leave and a valuable, quality neighborhood
use will move to a higher volume location without a neighborhood flavor. They'll move to
a kiosk without parking. They'll move to a kiosk with the same dangers that were
discussed at the Planning and Zoning and I think that there will be a loss for all in
Meridian. We respectfully request your approval and I will happily answer any questions
that you may have.
Corrie: I have got one. Larry, I think you did an eloquent job tonight. However, you
didn't answer the question what's changed since we denied it before.
Durkin: A couple of-our applications-there hasn't be a significant change to our
application since you denied it before. But, Mayor, it's a really good question to ask me.
In the previous hearing-and I have only read the minutes, I wasn't here. There was an
awful lot of discussion about the proximity of the drive-thru access onto the road to the
north of this building and I don't believe that the staff-in fact, I'm certain that the staff-
and I don't believe that you were aware this is a private road. This is a loop road. It's
owned by the developer. It's controlled by the developer. It's maintained by the
developer and the safety and the manner in which it's accessed, ingress and egress
from this center and from the center across the street, is completely under the control of
the center. There was a lot of discussion about-that this is too close to the street,
when, in fact, the street that we have to focus on is Locust Grove. There is a very
limited amount of traffic -- and I really believe that if you had that information at the time
that that would not have been an issue. There is a very limited amount of traffic on the
Loop Road. There is a great deal amount of traffic on Locust Grove. But the proximity
here to the great deal of amount of traffic is a substantial distance, as well as far in
excess of the guidelines that Ada County Highway District would impose. I think another
change in what you looked at before is the manner in which we're signing the area and
protecting it to satisfy some concerns that were addressed here. As you know, there is a
drive-thru now for the TCBY on the west-get my directions-on the west end of the
building. We can certainly punch a driveway through closer to Locust Grove and still be
well within the guidelines of the development-of the Ada County Highway District's
criteria. But we think that this is the right way to do it. TCBY's traffic is evening traffic.
Moxie Java traffic is morning traffic. It couldn't be a better circumstance. You know,
there is another building in this center with two drive-thrus, the Subway building, which
includes a drive-thru for Subway, and a drive-thru for the cleaners. They operate, again,
on different times and different hours. To my knowledge we have asked, we have
checked, there hasn't been any accidents, injuries at any drive-thru in the City of
Meridian. It's not an issue. It's a concern I think you have to be careful of, but we are
responsible. We are a responsible development company. Our client Avest are the
builders, owners of this project, and they have a solid reputation of being safe and
Meridian City Council Regular Meellng
October 16, 2001
Page 19
sound and I think the concerns that were addressed at City Council didn't take that into
consideration and so that's what I'm asking you to take into consideration tonight.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Larry, the traffic flow is going to go south to north for the Moxie Java?
Durkin: Correct.
Bird: And then you have got the TCBY coming from the east and then down to the
south; right?
Durkin: Yes, Shari, could you put your cursor up just east of that where -- keep going
around the corner. Keep going. Keep going. Keep going. Keep going. Okay. Now go
north. That's where the traffic now comes in for TCBY. They come in there and they turn
and go along the side of the building.
Bird: And that's on that Loop Road?
Durkin: That's on that private drive. I want you to know, Councilman Bird, that there is
only one access point on the entire north side of that road and that's at the opposite end
of the Fred Meyer building for that storage facility and it's the same ownership that owns
everything else. So the changes we have added to that drive, so when you come
through the Moxie Java drive-thru you will just-you will go straight out. But the TCBY
people can't access there, they have to access on the existing driveway to the east.
Right there. So there shouldn't be any conflict with people coming in and out of that
driveway. It will be signed and maintained by the developer.
Bird: I believe the one you stated, the Subway and the cleaners down there, is the-
they are not by the Loop Road, I don't-go north of them and they do flow in a circle
pattern, don't they? They come in from the south and in the north?
Durkin: They are more straight, but they do-they do interact with drive lanes within the
center and, you know, in a practical sense the drive lanes in the center carry an awful
lot more traffic than this Loop Road. There is a higher probability for conflict and that's
management controlled with lighting, landscaping, and striping by us. There would be
less conflict here than at any other intersection in the entire-within the entire shopping
center development. For example, where the McDonald's drive-thru comes out on that
main drive and then you turn and go onto Fairview, there hasn't been any accidents
here, There hasn't been any injuries there. You guys don't like it. I'm not real keen on it,
but it's working. It's a successful component to this center. This is significantly less of
a-
Meridian City Council Regular Meeting
October 16, 2001
Page 20
Bird: Larry, let me-where is the actual window going to be? Right where the circle is
there?
Durkin: Yes. Right there.
Bird: So is there any way that-and I was probably the least one concerned about this
drive-thru when it come before us. Is there any way that we could put some kind of a
piling or something there to not let that traffic go up and through or is that going to make
too big of a bottle jam? Right there on the northeast corner of the-so that a car coming
through and-you don't have an intersection is what I'm saying. Is there any way to do
that and make sense?
Durkin: It's really difficult, Councilman Bird. It's-you know, I would like to say, sure, we
can work on something like that, but-
Bird: That's not practical.
Durkin: Well, it isn't a cost issue. You know, when you build buildings with the best
knowledge and information you have at the time and then a change is required, this is
a-what we are trying to do is have a straight right angle interaction that people are
more familiar with, than having some kind of a curving action that you're not familiar with
it. You know, we will go to the grocery store and we drive along the road in front of the
grocery store and we are used to that and we are used to people coming out with
shopping carts and we are careful and this is a traffic situation that people are used to
and we think it's safer to do it this way.
Bird: They will actually-to your benefit there will be no blind corners where traffic-no
traffic will be coming from the west to the east on the north side of there; right?
Durkin: That's correct. The traffic-I might just do a-
Bird: Because the traffic of TCBY is coming from the east to the west and down south.
Durkin: The traffic right now for TCBY will come in about 70 feet west-right about
there, Shari. That's where it comes in now. And that will come in and turn and go along
the back of the building, exactly what it's doing right now.
Bird: Where does-
De Weerd: So they come from the Loop Road?
Durkin: They come from the Loop Road or they can go up that drive lane and turn left,
but there will be a normal interaction with the cars that would be leaving TCBY-or
Moxie Java, they would have a very normal interaction like you would have in your
residential subdivision and an intersection or at any other intersection within this
development.
Meridian City Council Regular Meeting
October 16, 2001
Page 21
Bird: Where will the TCBY cars go? Will they be able to go on north and get on the
Loop Road?
Durkin: They go around-
De Weerd: They go around through there?
Durkin: That's where the TCBY window is and they come out-
De Weerd: They come out there?
Bird: No. No. I mean the Moxie Java.
Durkin: They go straight out onto Loop Road. That's the only-
Bird: They can get onto Loop Road?
Durkin: They have to.
Bird: Oh, not up on the Loop Road?
Durkin: They go straight.
Bird: They go north?
Durkin: They go due north.
Bird: Right up there.
Durkin: They get their coffee and they go right there.
Bird: Okay. Larry, what's going to-your way the people come in from the Loop Road
and then drop down at the-where that letter is up there, down and then come into
TCBY. What's going to stop them from coming in at the same place as the Moxie Java
people that are leaving?
Durkin: Well, Councilman Bird, they will have a-there will be an interaction there. We
can control it in many different ways. We can do speed bumps. We can do signs. We
can do stripes. We can do a lot of different things. The fact is they will be going five
miles an hour, there is a caution, it's the kind of thing that you face every time you go to
Albertson's and drive down a row, there isn't a place to park and you turn into the next
row to find a place to park. You're getting-you're interacting with people backing out of
stalls and it's a normal kind of interaction that people deal with. We've had Adobe
Engineering work at it. They are-they have no concern, because their desire was-
from an engineer standpoint was to keep it normal, not to do anything unusual, you
Meridian City Council Regular Meeung
October 16, 2001
Page 22
know, to swing it out, give it some kind of a curvature. But there will be-we can put
stop signs there. We can do a lot of different things. If you go downtown Boise and pull
out of one of the garages, you know, there are buzzers and bells and flashing lights, so
you don't drive over a pedestrian. But these are things that we face everyday and we
are not in a situation where we are dealing with 800, 900 cars a day, we are dealing
with very few and, fortunately, the timing of when TCBY-or when Moxie Java does
most of their business, TCBY isn't open, and when TCBY does most of their business
Moxie Java-it's a gathering place at that hour, but it isn't a drive-thru type of place. And
I think it's important for you to know we had a petition from Moxie Java that was
submitted in the record last time from 140 people that frequent the place that are
supportive of this. But, you know, the only drive-thru coffee place when we designed the
center was at the corner of Vista and Overland in a former seafood Alaska fish place.
Do you know where I mean? Over by the Vista Village Shopping Center in east Boise.
And I was intimately involved in the design and thought that it would have a future, there
was not a lot of other people at that time that did it.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Mr. Durkin, I appreciate your lecture for the kids here tonight. You did a
wonderful job. I do-I am curious, though. You had mentioned that you could do a new
cut in there to go to TCBY, rather than bringing them back behind the building or to the
north of the building. Where exactly were you referring? Or am I making something up?
Durkin: We could do a lot of things. I have never come before this group and suggested
anything that I didn't think was safe. There are other options that we can do that I think
are less-that are not safe.
De Weerd: Yes. But if you have Moxie Java going straight out north, you have TCBY
customers going directly west, where-you know, if they are going in there at the same
time they are going to intersect each other and-
Bird: There is no blind corner.
De Weerd: Well, you have up here on the Loop Road and floating around.
Durkin: There is a significant-I can expound on that. There is a significant amount
more traffic having that same kind of interaction here, here, here, everywhere
throughout the center. You have the same thing here. That's a common-you can't
make that go away. You can make it go away here by not approving this tonight, but
you have that same exact interaction everywhere throughout the entire shopping center.
There is a significantly greater number of cars dealing with that same kind of decision
right here, right here, right here. They are dealing in straight angles. It is not-it is not an
unsafe circumstance. I have asked the city how many accidents have you responded to
at a drive-thru in the city, how many kiosks have had accidents, and there are far more
Meridian City Council Regular Meb.",g
October 16, 2001
Page 23
dangerous looking facilities throughout the city. How many accidents have there been at
the Moxie Java on Main Street in Meridian? This is-what we are suggesting here is the
same interaction that customers are facing here, here, or all along throughout the front
of the Fred Meyer and to say, okay, well, you have to get a Conditional Use Permit,
well, are going to say that is not a safe-because it's a not reasonable solution. Can't-I
can't have any support for that.
De Weerd: Yes. But those people going to Moxie Java are not always going to go north
to the Loop Road. If it were me and I was going out Fairview and wanting to go to Boise,
I would be flipping a little U'ie-sorry, chief.
Durkin: Well, you know, the chiefs here tonight and I'm sure he-
De Weerd: Don't tell anyone.
Durkin: He could tell us stories all night about people not following the signage and the
striping and the-it's up to us to design something that's safe, to build it safely, and to
do everything in our power for the private property owner to enforce that safety. And if
that's-if that means choking it down, making further modifications-you know, a good
example is the wall. If you were going through that TCBY drive-thru-after we built the
shopping center and the TCBY opened-and they are open until late at night, people
were driving through there and so the headlights were shining in the people's homes
across the street. We got a call saying, hey, we've got a problem. Well, we went out and
fixed it and we didn't put a little wooden fence up. we put a very expensive nice wall up
and that's what responsible developers do. And we are responsible developers. Our
client Avest Property Management is a substantial property owner in Ada County and in
the City of Meridian. This is a life long investment and a family company and you have
to make the assumption, I think, that they are going to be responsible, that they were
not -- they are not from Florida or California or out-of-town people. And I think if there is
a problem they will-they are responsible to make it safe for the people of Meridian, for
the customers of the shopping center, and for the tenants. They have a good reputation
of doing that and we have done it throughout the shopping center without-we don't call
and tell you about it, we do it all the time. This is a particular matter that requires your
consent. Other changes that we make don't require that and we make them all the time.
Corrie: Okay. I hate to cut you off, but-
Durkin: I'm done.
Corrie: Good. We've gone about 25 minutes and we normally spend five minutes, but I
wanted to get everything that you had here, Larry, so that -- they had some questions,
so we will give you a chance to rebut after hearing everybody. But any other questions
for La rry?
Meridian City Council Regular Mee,..,g
October 16, 2001
Page 24
De Weerd: Not from Larry. I would have for Chief Worley. Have you had a chance to
look at this and how traffic flows and do you have any observations you'd like to share
with us?
Worley: Mr. Mayor, Councilwoman de Weerd, no, I have not had a chance to look at it.
The only comment I would have at this point from a police standpoint this is private
property, so from a traffic enforcement standpoint, everybody is pretty much on their
own. It's whatever the design of the property dictates as far as traffic flow is what it is.
Traffic law, for the most part, does not apply on private property.
De Weerd: Well, I do realize that. I was more interested in your observations on the
circulation.
Worley: I have not had a chance to look at it.
De Weerd: Okay.
Corrie: This is a continued public hearing. Is there anyone from the public that would
like to issue testimony? Yes, sir. Come up here, please, and give your name and your
address.
De Weerd: I think he should get an A for participation.
Van der Ploegh: My name is-
Corrie: Okay. Raise your right hand. Do you swear to tell the truth, the whole truth, and
nothing but the truth?
Van der Ploegh: I do.
Corrie: State your name and address.
Van der Ploegh: My name is Josh Van der Ploegh. My address is 2764 South Velvet
Falls Way. Well, you're saying that like the traffic flow is the same in all those other
areas and things, but there is no building there. That's just a parking lot. It's not as
though a parking lot is anything that could possibly block your view. I mean if there is a
building, you might be able to see around it, but you'll have a much better chance of
seeing over just like a parking lot-I mean if it's ground level there is no way it could
possibly restrict your view. If it's around the corner of a building, although it might not be
a blind corner, it still is more likely to restrict your view than just paint on the ground or
even an island with grass and something, it's not much of a risk of being able to not see
the car coming around the other side.
Corrie: Okay.
Bird: Mr. Mayor.
Meridian City Council Regular MeeLlllg
October 16, 2001
Page 25
Corrie: Mr. Bird.
Bird: Son, don't leave, we are going to have some questions of you. No. What we had
meant in that was as you come up out of Moxie Java, if this is approved-go back there,
Shari. If this is approved, as you leave you have no blind corners, because there is no
cars coming from the west-no cars coming from the west. That-if you have been out
there at TCBY, you come in and you go west on the north side and come around, so
that was what I was meaning by no blind corners.
Van der Ploegh: Okay.
Bird: You know, you will intersect with cars, but you won't-
Van der Ploegh: But can the people going up through the Moxie Java drive through turn
left?
Bird: I would imagine they should be able to turn left, but then they are just in the line to
go through TCBY.
Van der Ploegh: Well, wouldn't-like it could restrict traffic in the actual drive-thru itself
if they are just-if they want to turn left and there is a line at the TCBY thing, so they just
trying to wait and merge in. And the same TCBY-
Bird: You would have a traffic jam.
Van der Ploegh: Yes. And then the people behind them who are still waiting to get their
coffee, their delicious inexpensive coffee.
Bird: You know, you young kids have been in enough McDonald's and drive-thrus and
stuff to know that there is also traffic jams in a drive-thru.
Van der Ploegh: Oh, yes.
Corrie: Thank you. Anyone else from the public? Raise your right hand. Do you swear
to tell the truth-?
Scott: I do.
Corrie: -- the whole truth, and nothing but the truth?
Scott: Yes, sir.
Corrie: All right. Go ahead.
Meridian City Council Regular Meewlg
October 16. 2001
Page 26
Scott: My name is Arthur Scott, 1844 North Bing Avenue. What does it say on this plan
to-instead of making an intersection where you have a lot-where cars interact, what's
to say we don't make a curve-what's to say we don't make a curve that comes up
through here and then goes off to the right, so you would have to go around these
islands to get back onto the private drive, instead of having an interaction between cars
in an intersection now. Because the fewer forced cars, the only thing that they would
have deal with as far as traffic is they would have to worry about the traffic on this
through-way, instead of making an intersection here and where you could just turn them
way and take them up onto the private drive and then you wouldn't have interaction
between the cars deciding what's in that lane. Because here if you have a lot of kids
that drive a lot like some people I know, they could come around that corner just-I
mean they could see somebody as they come around that corner and say, oh, I thought
that person was stopped and you run into them and there might be an accident, but I
think that the idea of a drive-thru is great, because it's an easiest way for you to get your
coffee and not have to worry about it, but maybe an additional plan that doesn't involve
an intersection, that might be able to-might be able to deflect traffic, so you're not
having the two cars-the two different businesses interacting.
Bird: You're saying bringing the window-the serving window down?
Scott: Well, you might be able to-you might even be-yes, like you might even be
able to put the window more -- but I understand that most of the business is ran out of
the back of the building and so that they would probably have to keep the window kind
of towards the back of the building also to allow a line to form in case they got busy. But
maybe instead of just letting them go straight, forming some kind of curb to direct the
flow of traffic to turn here and to come out on along here and go up that way or choose
to come back down this way.
De Weerd: That's where I was going.
Bird: Thank you.
Corrie: Thank you. Very good.
De Weerd: See, you should have hired him.
Corrie: Anyone else? Great experience. Good advice, too. Okay. Hearing none, we will
have rebuttal here. You can do it in three, but I'll give you five.
Durkin: I appreciate your participation. I think that's good. We took a real close look at
trying to-the window is near the counter in this part of the building and we took a really
close look at trying to move the traffic out of here and felt that that movement was more
of a conflict. You would have an angle intersection here and that's a circumstance that
people don't deal with every single day. By having the traffic go straight this way, it's a
circumstance that people deal with everyday. There isn't a blind corner, because if you
get your coffee, you drive up here, you stop, the only traffic that you're going to
Meridian City Council Regular Meellllg
October 16, 2001
Page 27
encounter is coming from this direction and it's moving very slowly. You stop; you move
through here, take your left or your right, whatever you're going to do. There are a
number of things that we can do to-we can add chokers and I think that the Council is
familiar with what a choker is, maybe the audience isn't, but it's a traffic calming-it
narrows the drive lane down, it really limits the traffic, the speed. But I think even in the
way Councilman de Weerd drives, you can't really get the speed going in this drive-thru,
it's really going to be a slow circumstance. That's something that you can make-put a
condition on tonight for us to do, you can put a condition on us tonight to look at that
upon completion and add it at a later date. We are willing to do that. We are also willing
to have a condition to make it go out at an angle, as the young man suggested and as
one of you suggested. But as I testified earlier, there isn't a cost difference to us, it's a
safety matter, and our experts, private consulting, Doby Engineering, and Dakota
Company, having dealt with these matters many times, we felt that the straight
intersection was what people would be most familiar with and would be the safest
circumstance. And, again, I just, in closing, I'd like to remind you that the conflict that-
the likelihood of a traffic jam at Moxie Java and at TCBY at the same time would be
highly unlikely. Is there any other questions?
Bird: I've got one question, Larry. On that aisle way I can maybe see-it's not a big
problem, but you got arrows going north and south and I realize you have to go north to
park-north to get out. What traffic would be coming south? I can see cars going up to
getting-and I can see at certain times Moxie Java having three or four cars parked out
there waiting to get into line, you would hope if you own Moxie Java. Is that south arrow,
that traffic flow to the south right there, is that necessary?
Durkin: I can see no reason for that to be there, Councilman Bird. 1-
Bird: I'd hate to guess. I doubt very few people use it.
Durkin: I can't imagine why they use it, because of the way the stalls are facing. I would
happily limit that-I can choke that down at the other end to limit it to a one way, if you
feel that would be a safer circumstance.
Bird: Well, I don't know, I just-coming down to the south if you have got more than
probably four or five cars waiting line, which I have seen Moxie Java early in the
mornings have more than four or five cars waiting in line.
Durkin: Sure.
Bird: The people coming south are going to wait anyway.
Durkin: Right. I can see no reason for that southbound traffic and I would happily-at
least for the distance of the building I'm happy to make that go away.
Bird: I think going south when you come out from in front of there to the south of the
building, yes, they need to be able to go south.
Meridian City Council Regular Mee."lg
October 16, 2001
Page 28
Durkin: Sure.
Bird: But I think that maybe at that point there maybe we could try not stopping, but limit
it a little bit.
Durkin: That's a-having done hundreds of these, that's something I didn't notice until
you mentioned it right this very second and that's not a problem, it's not-as you notice,
the other drive lane-in fact, I wonder in real life if that is just one way. Because I
noticed on the drive lanes that-
Bird: Because you're going to-and you know-
Durkin: I think the arrow might be incorrect on that plan that we are looking at, which
we provided you, but I believe it is one way right now. But I could certainly make it one
way. I can choke it down on the south end of that to make it impossible to go two ways
there.
Bird: I think that's a decision that would have to worked out. The developer would have
to design for that, but I can see that as being one way there.
Durkin: You can see on the road next to Fred Meyer two ways of the traffic, but the
parking stalls are faced two way, though. That would be-I'd happily make that change.
Bird: I have no more, Mayor.
Corrie: Okay. Any questions? Thank you, Larry. Discussion, Council?
Bird: I have none.
De Weerd: I have none.
Corrie: Okay. Then I will entertain a motion to close the public hearing on Item No. CUP
01-0126.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move we close the public hearing for the drive-thru lane in a C-G zone for
Moxie Java.
McCandless: Second.
Corrie: Motion and seconded to close the public hearing. Further discussion? All in
favor say aye. Opposed no. All ayes. Motion carried.
Meridian City Council Regular Me&;"lg
October 16, 2001
Page 29
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Discussion? Don't all speak at once.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: When this had come through in '99 I wasn't as concerned with the safety factor as
some of the other council people. I don't-I don't have any problem with this. I think
there is a lot of facts showing that you got two business there that does their peak
businesses at different times. I would like to see if the developers couldn't some way
choke that-at least the length of the building from the loop down to the length of the
building and go south. I realize once you come out of the parking lot there to the south
of the building you need to go south, but I don't see any problems with that. If Moxie
Java has that much business they would probably be-have Larry finding them a bigger
place. So I, for one, would have no problem with approving this Conditional Use Permit.
See what the other Council people think.
Corrie: Any other discussion? Any comments?
Bird: These two didn't vote on it originally.
De Weerd: I did at P&Z.
McCandless: I only have one comment and that is we were talking about the drive-
thrus that are on the property, the sandwich shop and the dry cleaners, and I would just
point out that there isn't that kind of congestion there, because the cleaners go from
south to north and the sandwich shop goes from north to south on the other side.
Bird: And that's basically what they are doing, except they have got a loop road to deal
with on this one where the loop road don't deal with at the cleaners and the deal. So
you're basically running the same system here.
McCandless: Exactly.
Bird: There is probably not quite as much traffic congestion to me at this one than there
is over at the Subway and the cleaners. That seems like an awful small parking lot to
me in the south of that building.
McCandless: Yes, it's small, but-
Bird: Especially if you've got a pickup trying to get through there.
De Weerd: Mr. Mayor.
Meridian City Council Regular Meet"'lg
October 16, 2001
Page 30
Corrie: Mrs. de Weerd.
De Weerd: I guess I still have a concern for those that want to go back out onto
Fairview, that they are not going to go onto the Loop Road, so there should be some
kind of measure there to direct that traffic to the east, so that you're not running into the
possibility of a car going into the drive-thru for TCBY. But I do agree that our shopping
centers kind of have a life and it's a living one and things constantly change. The corner
across the street has changed to commercial, whereas before it was residential, so I'm
just concerned about the intersection there.
Bird: Mr. Mayor. Mrs. de Weerd, I would think that a person would only once try to get
out from that shopping center across Fairview, traveling Fairview as much as I do.
You'd be awful smart to go the Loop Road and get onto Locust Grove and at least have
a light to get you onto it. I think that this is very clean. I don't see any hidden corners
where people are going to be blind, can't see the cars. The only problem you could
have if somebody got in the -- coming through the TCBY backwards, which I guess
could happen, but I doubt it would. So, you know, I think that the businesses and the
developer will make sure that the safety is number one, because it's to their advantage
to make sure the safety is number one.
Corrie: Any other discussion? Mrs. McCandless.
McCandless: I was just wondering, that arrow up there on that access road or private
road, is that a one way or is that just the way they put it? Up there next to Locust Grove.
Yes.
Stiles: It's two way.
McCandless: Is it two way?
Bird: I beg your pardon. That Loop Road? It's a two lane.
McCandless: Well, that's what I was asking. Does that arrow indicate one way?
Bird: I don't believe it's just one way. It's-well, I think you can come on from -- you
can come on-or get onto Locust Grove and-
McCandless: And you can go out that way, too?
Bird: You can go out that way.
McCandless: Okay.
Bird: Mr. Mayor.
Meridian City Council Regular Meeting
October 16. 2001
Page 31
Corrie: Mr. Bird.
Bird: If we have no more discussion, I would move that we approve the request for a
Conditional Use Permit for the addition of a drive-up window and a drive-thru lane in a
C-G zone for Moxie Java, Locust Grove Road and East Loop Lane, and for the attorney
to draw up the Findings of Facts and Decision of Order-and Conclusions of Law.
Corrie: Okay. A motion has been made. Do I hear a second? Okay. No second? Motion
dies for lack of second. Boy, you guys are really getting some training, aren't you?
Okay. I will take another motion then. Or-
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: If I may ask a question.
Corrie: Okay.
Nichols: Would it make any difference to the Council members if a condition was
imposed that if it created a traffic hazard the Conditional Use Permit could be revoked?
De Weerd: Yes.
Corrie: A Conditional Use Permit can always be revoked on a condition, yes.
Nichols: So if it were a condition that the developer would take steps to improve the
safety and determine whether or not it created a safety hazard could be written into the
permit.
Corrie: That could be done if Council so desires, yes.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: The only question I have is who determines whether it's a safety issue or not? I'm
not a traffic engineer. I guess it would-I guess it would-and I don't believe that minor
fender benders-our police department is always called out on them in private parking.
They do not write tickets or anything. So we would have no idea that way. It's like the
Mayor says, you can always -- if you have a problem you can-on a Conditional Use
Permit, you can always revoke it. You don't have to have a special reason to revoke it.
A certain person could get-or, you know, somebody could get upset with it and come
back in and say it's a safety hazard. Well, I'm not going to be the judge of whether it's a
safety hazard or not, nor do I think we should be.
Meridian City Council Regular Meeting
October 16, 2001
Page 32
De Weerd: What's your thought, Mr. Nichols. You don't want an answer as to who
would make that decision?
Bird: Well, I don't think anybody can tell you who is going to make that decision, unless
you put it in your motion. And what are you going to say if it's-if they have five wrecks
out there is it a safety hazard? If they have ten wrecks? Or is it like stop signs and stuff
like that, you have to have so many people hurt. How do you determine what's a safety
hazard?
De Weerd: Good question. I don't know.
Bird: Because you've got traffic intersections in the city that's probably a safety hazard
and I don't like this on a condition-my opinion it's bad enough to have to come forward
for a Conditional Use Permit period. And then when you start putting more restrictions
on it, I'm a hundred percent against it.
De Weerd: Yes. But if those restrictions are to assure the safety of a potential hazard
you're creating, then it deserves to be there, so -
Bird: What's the different hazard you're going to have there as you would -- that you
have down at McDonald's? In fact, you have got worse at McDonald's. You're going
through a drive-thru, plus coming in and out of a parking structure that's right there to
the north of it. I don't believe there has ever been a wreck out there, There might be a
fender bender, but our police department would not be called. I don't know. I just think
it's time we quit legislating things for the-let the people take-you know, have their
ways.
Corrie: I'm going to say something here to this class. A lot of things I agree with what
Mr. Bird is saying, but it is the job of the City Council to legislate and it's our
responsibility, we are elected to that, and we have to make our decisions sometimes.
So don't get the idea that we don't want to make decisions, we may not like them, but
we have to make them. And so that's the -- if you run for election and you win, you get
on the City Council, you have to make these decisions. We don't always like it and we
may not always agree, but we just can't say let it go and not do anything. So I just-
that's my perspective and I don't think that's what he meant, but just-he has to make
those decisions-not he, but we all do. So just so you know, so-okay.
Bird: Let me clarify that. It did sound a lot worse than what I really meant. I'm not afraid
to make-to legislate anything. But I think it's time that-I think that we need to put a
little more responsibility on the citizens, the drivers and stuff. It's not-this isn't
something that's rare to have drive-thrus with this type of traffic congestion. So it's not a
first. And I think it's like Mr. Durkin said, we have had-they had plenty of these, there is
no bad wrecks or anything else, you know, you're not talking about going 50, 60 miles
an hour. Maybe a fender bender now and then, but-and as good business people, if
they start having this, I believe that they will do something to get rid of it. They will
either shut the window down or they will change the plan. They are here to serve
Meridian City Council Regular Meellilg
October 16, 2001
Page 33
customers and to sell their coffee. So I don't see anything wrong with it. But the other
two can-l threw my motion out and I don't want to sit here another hour waiting.
De Weerd: Okay. Well, I will give my two cents worth. I do take it as to-just because
decisions have been made in the past that set up for some pretty awkward situations
with vehicle access into drive-thrus and cross traffic, it does not mean that we need to
continue to make those decisions. And we do need to take safety as a first concern in
how we formulate decisions and even though I highly respect Mr. Durkin, I just have
some real serious doubts about the flow of those two drive-thrus and I just can't support
it as it's being presented. So with that I will make a motion that we deny the Conditional
Use Permit for the addition of a drive-thru window-or drive-up window and drive-thru
lane in a C-G zone for Moxie Java and to have the city attorney draw up the Findings of
Facts and Conclusions of Law and Decision of Order.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to deny the request for the drive-
thru Conditional Use Permit 01-026. Further discussion? Okay. Hearing none, roll call,
Mr. Berg.
Roll-Call: Bird, naye; De Weerd, aye; McCandless, aye; Anderson, absent.
Corrie: Okay. Two ayes, one naye, motion to deny is approved.
MOTION CARRIED: TWO AYES. ONE NAYE. ONE ABSENT.
Corrie: Okay. Item NO.7. I'm going to Jet the-
Bird: Holy cow. We got rid of the-
Corrie: What is the teacher's name. Mr. Palmer? Fullmer.
Bird: Are we supposed to report the ones that stay and the ones that leave?
Corrie: This is an example of something that comes up quite often with the Council.
You look at that and think, well, this is going to be a slam-dunk or it's going to be real
quick and we have spent about an hour on this one, but that happens. I will answer
questions, since this is a class here tonight. Yes. Give your name again.
Van der Ploegh: Josh Van der Ploegh.
Corrie: Okay.
Van der Ploegh: The one thing I don't understand is why does TCBY really need a
drive-thru? I mean in my entire life-I have heard of drive-thru coffee, but drive-thru ice
cream? I mean if you want ice cream you usually go inside, get ice cream, and sit down
Meridian City Council Regular Meeting
October 16, 2001
Page 34
and eat it. I mean, if anything, why don't they just give the drive-thru to Moxie Java and
take away TCBY's and-does anyone here really go for a drive-thru ice cream?
Bird: That--
Van der Ploegh: Do you go for drive-thru ice cream? Oh. Okay.
Bird: I don't go get Moxie Java either.
De Weerd: I do.
Item 7.
Public Hearing: CUP 01-021 Request for a Conditional Use Permit for
a dual restaurant with drive-thru in a C-G zone for Kentucky Fried
Chicken/A&W by G & H Enterprises II - 677 East First Street.
Corrie: Okay. Let's continue here on Item No.7, public hearing, request for Conditional
Use Permit for a dual restaurant drive-thru in a C-G zone for Kentucky Fried Chicken
and A&W by G & H Enterprises II - 677 East First Street. Before we open the public
hearing I will want to you notice that we did not get any comments from ACHD and this
public hearing may be continued to the next meeting time because of that, because we
don't have that. So at this-yes.
Berg: Mr. Mayor, Members of the Council, there might be some confusion because
Wendy's proposed application that's coming up before you soon is close to the same
address, but the P&Z, if I'm not mistaken, did receive recommendations from ACHD and
in their recommendation to you it points out in the document those certain
recommendations. So I don't want the confusion saying that ACHD did not see their
project. My understanding is they did and P&Z even delayed it to see their
recommendations from ACHD and put that in their recommendations to the City
Council.
Corrie: Okay.
Berg: And you may need some more explanation from Shari, but just so there is no
confusion there, I don't think they are waiting for ACHD's recommendation. Those from
Wendy's were mistakenly put on because of the address.
Corrie: Okay. Thank you. We will get this all out here very soon. So I will open the
public hearing and ask staff to comment first.
Stiles: Mr. Mayor and Council, you have the recommendations from the Planning and
Zoning Commission. This is for a new drive-thru Kentucky Fried Chicken at the parcel-
on the parcel where the current Kentucky Fried Chicken is located. The
recommendation from the Planning and Zoning Commission was that the existing drive-
thru be closed. If that is the division of City Council, we need some discussion of the
timing of that closure, whether it will be prior to occupancy of the new Kentucky Fried
Meridian City Council Regular Meellllg
October 16, 2001
Page 35
Chicken or when that would be. The Planning and Zoning Commission recommended
landscaping adjacent to the southern boundary. Additional landscaping. I don't know if
this plan shows that or not. I am a little confused with the site plan and Ada County
Highway District's comments. They have indicated that they need a minimum of 40 feet
right of way on Meridian Road from the center line and that would be-that 40 feet
would be right to this drive-thru, which would leave no room for any landscaping. I'm not
sure if Mr. Gibbs can comment on that, but it does not appear that there will be any
opportunity for landscaping. This is an entryway corridor; our landscaping ordinance
requires a minimum of 35 feet. Because of the odd configuration of the ground we could
probably work on some alternative compliance, but I think we need to clarify that with
the Ada County Highway District. Gary Smith, the Public Works Director, has indicated
that the centerline of Meridian Road is the section line as they show on their plan. So
that would wipe out a lot of landscaping on a very important entryway into our city. They
have also-they also requested during the Planning and Zoning Commission hearing
retaining the existing 60 foot sign with the bucket on it that is not in compliance with our
sign ordinance and that cannot be approved as part of this Conditional Use, but they
have applied for a variance, which will be before the City Council on the 20th of
November. Ada County Highway District's conditions also asked for a road track for a
five foot wide detached concrete sidewalk on Meridian Road and East First Street.
Gary, is this on any plan that they have for construction? You might remember that we
brought up with Ada County Highway District the need to get this intersection planned.
We have asked for that for years. Especially if you're considering approving a new
building and it's going to be very costly for them to obtain the right of way once there is
a new building there. But it doesn't seem that they have really addressed that. I would
recommend that that sidewalk be built, instead of waiting, or depositing it into Ada
County Highway District's road trust, unless it's within a plan to be done in the next five
years, which I don't remember if it is or not. Gary said it was 2005, 2006. So-and Gary
indicated there is a design for the intersection. Other than that, I would like to see how
they are proposing to do any landscaping on the southern boundary here, because they
do have parking shown there now. Whether it would be here or where I don't know.
Their arrows indicate that they would have to-
Gibbs: The southern boundary.
Stiles: Oh, I'm sorry. You're right, Mr. Gibb. They have indicated that they would like
the additional landscaping on the southern boundary.
Corrie: On the southern or the northern?
Stiles: The southern property line where this is. I don't know if they don't have any
plans to connect these-this sidewalk or what the design is for that, but if they are going
to request the 40 feet, that's going to be a particular problem for this site, so-if that's
not the case, then Ada County Highway District can indicate to us that they are not
taking 40 feet from the center line -- or from the section line, we would recommend that
it be approved with the recommendations of the Planning and Zoning Commission and
the-all other staff and agency conditions.
Meridian City Council Regular Meeting
October 16, 2001
Page 36
Corrie: Okay. Any questions for staff?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: That intersection is scheduled to be improved in 2004, I believe. They were
talking about bumping it back to 2005, but I do know that in the discussions on Overland
and Franklin that City Council did strongly oppose that and it's been scheduled for
construction and improvement several times and they keep bumping it off. So we-our
recommendation was to them to try and keep that in there as much as possible and
they will just have to deal with the dollars on that. So how does that affect-I guess
without ACHD's recommendation it would be kind of hard to even discuss this, if you
don't have the specifics on the right of way they are requiring, and how those sidewalks
should be connecting, that's really odd that they don't have a sidewalk connecting. But
we not seen any kind of design or plan for that intersection, so, I don't know, maybe the
applicant, when he comes up, can tell us what they informed him of.
Corrie: Any other comments? Questions? Okay. This is a public hearing. The applicant
has-
Shari: This is from Wendy's?
Corrie: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help
you God?
Gibbs: Yes.
Corrie: State you name and address.
Gibbs: Jonathan Gibbs. I'm a partner with G & H Enterprises II, 9502 Scorpio, Boise,
Idaho. Mr. Mayor and Members of the City Council, we have met with ACHD on this
matter several months ago. We discussed the corner there. They do not have any plans
as of yet. They are going in to start their planning in the year 2002 for that corner.
However, we did go out and measure it, there is plenty of room there, like from our
property line to the road there was 50 feet of space there. We told them we would be
happy to put the sidewalk in around that corner or we would put the money in trust for
the sidewalk, whatever they desired in that respect. We would like to see it complete,
because we want a nice looking facility for our store. But we would go along with
however they want to do it. So we only designed the sidewalks to come there to not
interfere with their construction. They didn't want us to build them and then maybe have
to tear part of it out or something when they did the corner and that was their suggestion
on that. As far as the 40-foot right of way on Meridian Street, we complied with that in
our drawings. After we met with them we resubmitted them to the City of Meridian, they
went through Planning and Zoning with the correct 40 foot distance on our landscape
Meridian City Council Regular Meeting
October 16, 2001
Page 37
and everything was drawn to-properly done with the 40 foot right of way, so I don't
know what the problem is now. The architect is here if you want to want address any of
those concerns. But we thought we had complied with every aspect of ACHD and the
City of Meridian and we met with the Planning and Zoning on it and they indicated we
had. And so to hear that comment from Shari today kind of took us as a setback,
because we are pretty sure we are in compliance with the ACHD then.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: So the plat-the most recent plat is August 6th; is that correct?
Gibbs: It's what?
De Weerd: It's dated August 6th? Okay. Shari, is that the one that you're referring to?
Stiles: Yes.
De Weerd: Okay.
Stiles: And we also have a letter dated-from Ada County Highway District, dated
August 2nd, that requests a 96 foot right of way on Meridian Road.
Gibbs: That was their original request. We went to a hearing on that, too, by the ACHD
to change that from 96 to 80 feet, because they didn't have any plans for the road either
and when the original 96 was put up there they didn't know what they were going to
need and so we had a re-hearing and they agreed on the 90 -- on the 80 feet. So there
may be some confusion there, but I thought we had had it all cleared and I met with the
Planning and Zoning on this and Dave has indicated that it was set to go and
recommended to -- and it went through the Planning and Zoning on that basis. So we
are a little -- we are confused tonight, especially after I went down and picked up my
plans and had all of Wendy's stuff in there from ACHD and that's why the comment-
see comment from ACHD was put on there, because they had Wendy's stuff attached.
Because this letter addresses all of the concerns, I think, of ACHD of the final approval
in August.
De Weerd: So the notation from ACHD in the findings or the recommendation by the
Planning and Zoning Commission is correct as to the ACHD requirement on your
application?
Gibbs: As far as we are concerned they are correct. We have agreed with them and
we have made our drawings in conformity to them.
Meridian City Council Regular Meeting
October 16, 2001
Page 38
Corrie: I guess my question is, Shari, on this-if they have to dedicate that 40 feet of
right of way, then you have got some landscaping problems here. They don't have
enough room.
Stiles: They don't. The 40 feet is not indicated on the plan, it's only 30 feet.
Corrie: Yes.
Stiles: Between the property line and Meridian Road it only scales 30 feet.
Gibbs: When we built the Bolo's and the Taco Bell, the road was widened at that time
and the 30 feet dedicated all along there. They purchased the property from us, ACHD
did, and when we took this project to them they originally said 96, we argued that point,
they changed it to 80, which meant 40 feet from the center line and we went back
through our plans, took out another ten feet for the right of way and submitted them and
had them approved by ACHD and Planning and Zoning, City of Meridian, so-
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Mr. Gibbs, what you're saying, then, is the original 30 feet of right of way was
dedicated when the original plat proposed-
Gibbs: When you widened Meridian Road, which is a little bit after-
Bird: Okay.
Gibbs: Yes. We had to dedicate it at that time, but it was put in when they widened the
road to the 30 feet.
Bird: So what you're-what you're saying off of this drawing right here is ACHD is only
requesting ten more feet?
Gibbs: That's correct.
Bird: And that is shown here on the-on the plan.
De Weerd: No.
Bird: It isn't?
Gibbs: My understanding is that we had that all taken care of.
Nichols: Mr. Mayor, Members of the Council, maybe the engineering can clear up this
point, I mean whether this-there is a line that's shown on here that appears to be the
Meridian City Council Regular Meeling
October 16,2001
Page 39
section line that shows the-where the section corner is, that is on this one that I looked
at, and that's the one, I believe, that Shari just measured and said it's 30 feet from that
line to the property line and perhaps we can get to this particular issue if an engineer or
the architect could come forward and tell us where they are coming from on that point.
Corrie: Yes.
McKeegan: My name is Patrick McKeegan. My office address is 810 South Vista
Avenue, Boise, Idaho. I'm the architect on this project. And the plan that I have in my
briefcase and the one that I prepared, Mr. Gibbs originally brought the original plans to
us with the 96 foot overall, we pulled it back so that we do have 40 feet of-of right of
way on-from the center line of the street. I don't know if the center line has been
adjusted or what, but I know when we did the planning for Mr. Gibbs we made sure that
everything would work on that regard.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. McKeegan, take this one that's in my file that was received on August yth,
see if that matches the one that you took out of your briefcase that was considerably
reduced by-
McKeegan: Yes, they are the same plan.
Nichols: Well, why don't you get the measuring stick from Shari and you can explain
this apparent discrepancy then.
Bird: If that's the center line of the road we sure don't have no 40 feet to the boundary.
Nichols: That's-I mean we just-nobody wants to make a mistake here, that's why I'm
just checking.
McKeegan: I stand corrected. Staff is correct. We only show 30 feet from the center-
from the center line to the property line. We can certainly adjust that and, actually, it's
just about 30 -- 30 to about 35 -- we can adjust-we have enough room in the parking
lot to where we can adjust the-we can adjust the west property line to accommodate
that. And then we will just have to tilt the entrance to the parking down a little bit. That's
not a-we can certainly accommodate that requirement. We have enough room on the
site to do that. That won't affect our parking, it won't affect any of the other items that --
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Meridian City Council Regular Meeting
October 16, 2001
Page 40
Bird: Patrick, will this-it won't affect your drive-thru there? It won't shut down-it won't
come back in on that too far, will it, by the time you get your planting and your sidewalk
in?
McKeegan: No. We have more than enough stacking space. If you look in that
drawing, we have one, two, three, four, five, six-
Bird: Yes.
McKeegan: -- seven, eight, nine, ten, eleven cars shown, you know, which is almost
200 feet. I mean we have-so I'm not-[ think so-
Bird: Will it tighten that corner, though, getting around the-that's the thing in the-
McKeegan: The corner will stay the same. For design purposes on these types of
drive-in restaurants, which I seem to do quite a few of. Your interior -- minimum interior
rate is 18 feet and that's what we-you always design to. So the portion that would be
modified-if you look at the building, on the south side of the building there is kind of an
enclosed area there, that is an equipment screen that is not going to be required for this
project, so we actually have additional area there at the back of the building that we can
-- you know, that we can utilize. The equipment screen is left over from a previous
rendition of the project and on this project is not going to be required. I will be-we
have lengthened this-the kitchen area of the store, so that the equipment that would
normally be stored there can be stored indoors. If I may, I'd like to address a couple of
the other comments that staff made. Mr. Gibbs was correct, we-the Highway District
does not have any definitive plans for that corner and at the Planning and Zoning
Commission I made the point that-there was a lot of discussion about the existing
trees at that location and I made the point at the Planning and Zoning Commission that
those trees, in fact, are on ACHD's right of way and we have no control over ACHD in
the future what will happen with that. Our commitment is to Planning and Zoning
Commission and a commitment that we will reiterate here tonight is that we will add
additional landscaping on the south side of the property line on our property. At the
Commission we were reluctant to commit to any landscaping with an ACHD right of way
when in two or three years they are going to be tearing it out and removing it. It
doesn't-it's not a good use of our money, we would rather put the money into
landscaping our property that's going to stay there. And also we committed that if it was
Council's pleasure at this point in time, we would put in a connecting sidewalk just on
the other side of the property line and, hopefully-I have talked to my engineers and
they are hopeful that ACHD can give us some guidance as to where the sidewalk
elevations would be. Along that regard we would also-at Planning and Zoning we also
committed that we would put the sidewalks along the east and west boundaries as we
have shown, if it's Council's pleasure at this point in time. We-again, there is always a
concern that you're going to put in something that the Highway District may come out
and tear out in the future, but if they decide that that's a diligent use of public funds,
then that's a decision that they have to make. In my mind, my engineers have indicated
Meridian City Council Regular Meeung
October 16, 2001
Page 41
that if we place those sidewalks six inches or 12 inches above the crown of the existing
street that would probably be in a safe location and we would, of course, confirm that
with the Highway District before we would do anything. One other item that we
requested and the Highway District has approved was that the existing entrance drives
into the facility on the northwest and northeast corners be widened to 35 feet to allow for
better ease of traffic getting off and on of those-off and on those streets. I'd like to
point out that there is also a driveway that we are going to be closing, which is
approximately midway between the existing northwest driveway and the southwest
corner of the property. The Highway District has requested that we close that-that we
close that driveway and which we have shown on our plan. The Planning and Zoning
Commission requested that we change the type of plant material along the east
property line from the skyrocket junipers to another plant material and we are going to
do that when we do our submission to the city for a building permit. We agree those are
not appropriate material for that-for that place. Finally, as to the drive-thru, staff made
a very good point that in Planning and Zoning's requirement that the drive-existing
drive-thru be closed, there wasn't any discussion as to the timing. I think it would only
be logical that that drive-thru be allowed to be-maintain its use until the new facility is
open and the building abandoned. I certainly wouldn't want to place my client in a
position of having to shut down an important part of his operation and something that's
highly utilized by the citizens of Meridian before the new facility is open. At this time I'd
answer any questions you might have.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Patrick, on the existing building, you run that-you will keep that open until you
can actually move in and start selling out of the new one?
McKeegan: Yes.
Bird: Then get rid of the old one?
McKeegan: The building will be abandoned. The owner hasn't determined yet if he's
going to maintain the structure or if he's going to-
Bird: You don't know if it's going to come down or just going to-
McKeegan: It's our-that decision hasn't been made, but the-because of the
awkwardness of the existing drive-thru in the location and the existing congestion at
that-the Planning and Zoning Commissioners was very adamant about wanting to
make sure that that was-that we understood that that would be closed and that any
reopening of that would require a new application. It was not a given that that drive-up
window in that location would be automatically approved as part of this request.
Bird: Okay.
Meridian City Council Regular Meeting
October 16. 2001
Page 42
Corrie: Okay. Any other questions, Council?
Bird: I have none.
McKeegan: Thank you. I apologize for the confusion on the property line issue.
Corrie: Is there anyone else here from the public that would like to issue testimony on
this issue? Council? I guess the question is now do you still want to see the ACHD
letter or go without the comments?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Do you really believe that ACHD is far enough along to give us an accurate
guideline? Do you think they really-l don't believe they-I don't believe at this point
that-
Corrie: Is that a rhetorical question or do you want to answer it?
Bird: No. I want you to answer it.
Corrie: I think you're going to give one the same as mine.
Bird: I guess just-not having that doesn't bother me on this. We can make a decision.
I feel that this is probably designed as well as you could design anything for that corner.
Corrie: Any other comments from Council? The reason I asked that question is we
have a public hearing and-
Bird: Yes. You bet.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I think we should have the correct and updated ACHD report, in particular if
they are changing the right of way from 96 to 80 feet, we do need that for our Findings
and we should leave this open so that we can enter that into public record and
accurately reflect those findings from ACHD.
Bird: When will we receive that?
De Weerd: I don't know.
Meridian City Council Regular Meeting
October 16, 2001
Page 43
Corrie: Shari, can we get those-when will we get those? Do you have any idea?
They have got them, don't they?
Stiles: Well, we have the one. It doesn't say it's a draft, it says the commissioners
acted on it on August 1 st, It's a final letter. I don't have-I don't know where the other
one-do you have any record of another letter?
Smith: No.
Stiles: And feel like it's the revised site plan that shows the accurate right of way,
because if this is-if they need 40 feet there, they are losing all of the landscaping,
basically, on Meridian Road. They are cutting into the parking stalls, they are cutting
into the retention swale-
De Weerd: Well, then, I think it would be appropriate to table this and give the applicant
a chance to meet with staff, talk about the plat, and to get an ACHD report that reflects
the location of the change of right of way requirement that applicant also noted or-
Bird: You mean to continue it or-
De Weerd: To continue it. I'm sorry. What is a reasonable amount of time to table this
to? Is two weeks enough to get the information from the applicant and ACHD?
Bird: We could have a new site plan.
Corrie: Let the record show that the applicant said yes to have enough time in two
weeks.
De Weerd: Okay. You can say they nodded.
Corrie: They nodded. Yes.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: With that, then, I'll move that we continue the public hearing for the request of a
Conditional Use Permit for a dual restaurant with drive-thru in a C-G zone for Kentucky
Fried Chicken/A&W, 477 East First Avenue.
De Weerd: Second.
Corrie: Oka~. Motion has been made and seconded to continue the public hearing to
November 7t ; is that correct?
Bird: Yes. November 7th.
Meridian City Council Regular Meeting
October 16, 2001
Page 44
Corrie: All right. On the CUP 01-021. Any further discussion?
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: Is it 477 or 677, Keith?
Bird: it's 677. I'm sorry.
McCandless: Yes.
Corrie: Okay. 677 East First Street. Okay. All those in favor of the motion say aye.
Opposed no? All ayes. Motion carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Okay. So we will have that in-the faster we get that back in and we will get the
ACHD to put it on the agenda.
Item 8.
Discussion of Ada County Development Services Project for Keltic
Heights - 1,451 units on 383.81 acres.
Corrie: Item No.8 is a discussion of Ada County Development Services project for
Keltic Heights, 1,451 units on 383.81 acres. Okay.
Stiles: Mr. Mayor and Council, I had hoped to have a review done for you by tonight.
Unfortunately, other city projects came up that took precedence over this. The proposal
is to have approximately 1,451 units on this property located between Linder Road and
Meridian Road north of Ustick-or north of McMillan. Excuse me. There has also been
a separate application submitted to the county for rezoning of this property to -- 40
acres to a C-2 zone, commercial zoning. They are proposing teaming with other
developers and creating their own package plant for this property or some kind of
wastewater treatment facility. You can tell by this drawing they are proposing
commercial here, some more strip commercials at the intersection here and along
Chinden. Also along Linder Road. The proposal is for light commercial. I have no
definition for light commercial. I didn't find anything in Ada County's code for light
commercial. A lot of the development is proposed for some of these-they didn't show
up-the colors don't show up well on here, but what they term a large house concept,
which is apartments and not having any idea of what those look like, I would imagine it's
probably similar to what they proposed in Sundance Subdivision, which is now known
as Resolution Subdivision. I don't know. That's just a guess. Greg's here if you have
some questions of him. But my recommendation to you would be to forward a letter-
that I would write a letter forwarding it to the county tomorrow asking for this to be -- if
they would consider continuing the public hearing until November 20th, so hopefully we
Meridian City Council Regular Meeting
October 16, 2001
Page 45
can get our review complete and also let our city attorney review some of the issues
regarding this project. A plat has not been submitted at this time. The county accepts
what's known as a sketch plat. You don't have a copy of that. We have got one copy of
it and it's very large. We didn't have a reduced copy of it, so-
Corrie: Shari, this letter-am I reading it right, that it says that we plan on building the
North Slough trunk line for the City of Meridian to and through this site. If the City of
Meridian decides not to be ready for sewer service at the time, we will create a new
sewer district-is that the way they interpret-
Stiles: That's what they are proposing, yes.
Corrie: And they are going to service it with United Water?
Stiles: That's what they are proposing, yes.
Corrie: Where are they in this 12 square mile discussion with Ada county and us and
everybody else? Are they out on their own and not in that discussion?
Bird: No. They are participating.
Johnson: Do you want me to-
Corrie: Would you, please. We would like to know if you're a part of it or not a part of it.
That's the question.
Johnson: Greg Johnson at 2433 Can Ada Road, Melba, Idaho. Do you have a copy of
this?
Bird: Yes.
Johnson: With the color? Okay. Mayor, to address your question as to whether we are
a part of that North Meridian Planning, we are. You have to understand that this
submittal was submitted to the county in April, long before that had ever been proposed.
We have-we have stated in our application with the county that we would like to build
Meridian services. We would like to build Meridian sewer. We do have an agreement
entered into with Mr. Goldsmith that we have easements through his property, if his
property isn't approved, but if it is approved we would do that project jointly. We are
willing to build water systems, give well sites, so that Meridian water would also be
obtained. We did submit in our application at that time in April that if Meridian chose not
to service that, that we would like to be able to service that with local services, but-
Corrie: In what period of time?
Johnson: We have-we have since discussed with your city engineer the capacity of
the plant. There seems to be plenty of capacity in that plant and plans for future
Meridian City Council Regular Meeting
October 16, 2001
Page 46
development of the treatment plant to be able to handle this growth. We are certainly
not going to develop this 380 some acres all at once, it will be in phases of 50 lots at a
time. As Shari has mentioned, the white corner down at the bottom in the-it would be
the southeast corner, that 40 acres is designated on the current comp plan as
neighborhood commercial and we absolutely made a separate application for zoning to
that type of zoning on that corner. What you see here is submitted for R-4 zoning, as
it's called for in the current comp plan, and what we are proposing is a planned unit
development on that R-4 property for mixed development. The red areas that are
designated light commercial on Meridian Road and Linder and the portion furthest west
on Chinden, those would be dentist-type offices, accounting offices, services similar to
office buildings there on Eagle Road that have been developed along there and also
along Chinden further to the east towards Boise. The corner section of Chinden and
Meridian Road-in the county they restrict those buildings to under 2,000 square feet
and so it would be a neighborhood shopping-small shopping, it would not allow a large
box-type retail there. And that is not under our ownership, but it is part of our
application. That ten acres is still retained by the original owner. First of all, any other
questions by the Council as to-I do want-I do want you to understand that I'm not
trying to be hard headed. I know you have told me once that you weren't ready for this.
We submitted it for annexation a little over a year ago. Please understand that from my
perspective I can't just sit and wait. The interest carry on this is huge and I have to
keep pursuing to develop it. I'm not trying to make life miserable for anybody or trying
to push something that shouldn't be pushed before its time. If I could take a little more
time, I'd like to explain a couple things about the market that has been taking place in
the last year and a half. When the city announced that they were going build the White
Trunk, at that time we were paying about 20,000 an acre for ground in north Meridian.
Since that time, from the last-the last couple of weeks there has been parcels of
ground bought in the Ustick-McMiJlan corridor at 37,500 an acre. That's almost double.
In the meantime, very-very few plats have been approved in not just Meridian, but all
of Ada county has been somewhat restricted. Because of that, lot prices have jumped
significantly. When we started developing in Meridian in 1988, the first project we did
was Gem Park Subdivision. That subdivision the lots sold-similar lots to what we are
asking for here today-sold for 14,900 a lot. That was in 1989 by the time those were
developed. Today that same lot sells for 45 to 55 thousand an acre-or per lot. That's
over triple. We have pushed affordable housing out of Ada county. Most of it is going
to Nampa and Caldwell. On current prices of lots, builders, because of ratios to lot
prices that they have to build on houses, the cheapest houses we have in Ada County
are around 130,000. There might be one or two lower than that, but the bulk of it is
130,000 to 250,000. We need to start approving a few of these projects, so that the
dam just doesn't eventually burst one day and then the market is totally flooded. We
don't need more things like the Eagle market where there is just all one product, it's a
very expensive product, and now it's extremely overbuilt, but we need a variety of
housing, we need to cover as many of the areas as we can over 110,000 to provide
housing for the citizens in Ada county. And I would sure appreciate your support if you
can. Any questions?
Corrie: Yes. I've still got questions.
Meridian City Council Regular Meeting
October 16,2001
Page 47
Johnson: Okay.
Corrie: What's your time table here? Are you not-are you wanting to do this before
we come to a possible agreement with the developers and Ada county and ACHD and
the City of Meridian or are you planning to do this now? I mean I'm sure it's a money
situation, you have made that very plain. As far as we are concerned, it's what's going
happen in 15 years out there. We are trying to work with Ada county and I hope
developers and trying to do exactly what I think you're saying you want to do. But my
take on this is you're trying to jump it. Now am I wrong? And not wait for this
development thing to see what's going to-
Johnson: I'm working it-I'm working it the same time as-right now I'm working with
that plan. We are just putting together right now the land use portion of it. What J'm
proposing here is really no different than what we are proposing in a lot of the area,
although in some of the areas there will be more business-park type proposals at this
time, but we are working through that. This application at the county will simply get us
zoning and a development agreement. If the city would like, I am willing to come back
into the city through annexation. We are contiguous to the city now in the southwest
corner to Bridgetower project-or the Primeland project. I don't have-I don't have any
desire to develop outside of the City of Meridian if I can develop within the City of
Meridian. We have not submitted a preliminary plat. It will probably take us another six
months to a year, if we get approvals now I to submit a preliminary plat and to actually
have our first phase under construction would probably be a year and a half. I hope we
have all those other things settled by then.
Corrie: I hope so, too. It's a disturbing thing to me-and the Council can pick your's,
too. I don't want to take up all the time, but-
Johnson: Okay.
Corrie: -- but I would like to-it states here will be served by United Water and we will
create our own sewer district if Meridian doesn't move on this or accept your offer to do
this.
Johnson: Mr. Mayor-
Corrie: Now hear me out. Hear me out.
Johnson: Okay. What are you reading from?
Corrie: I'm reading from the Briggs Engineering letter to the Keltic Heights Planned Unit
Development that was I presume for the city and I guess my concern is we have really
got probably a flagship development out of this 12 square mile area. We are all trying to
work together and to me this just says if you don't like what I'm-what we are doing,
you're going to go ahead and do it and we are trying to make this all work together, we
Meridian City Council Regular Meeting
October 16, 2001
Page 48
have got 55 to 60 thousand people out there and I don't know what your time table is,
but it sounds like if it's not done within six months, then you're going to ask the county to
do all this and we are going to be on the other side of the fence.
Johnson: This letter was written on June 5th of this year.
Corrie: Okay.
Johnson: I believe the proposal to do the planning for the north Meridian was proposed
the 1st of August or so.
Bird: I think we had our first meeting in June-end of June. It was after this.
Johnson: It was after this letter.
Corrie: After this letter.
Johnson: And, Mayor, I don't want to be adversarial and our intent now is to work with
the other developers in that area and the city and the county and to come up with a
reasonable program and development of that. We will wait as long as we have to for
those services, but we would like to be able to continue through the process so that all
of us aren't trying to get through the gate two years from now and nothing gets
developed.
Corrie: And I think this can be all done with this-all of us grouped together and plan it
out, but when I see things like this, the hair on the back of neck stands up and-
Johnson: And I understand.
Corrie: Because you're just smacking in the face of you don't want to follow what we
are saying, you have got a plan-and I'm not just saying you, I mean it's others, you
understand?
Johnson: Yes.
Corrie: And I'm not bitter at you or anything else, I'm just saying that we need to work
together on this thing and if we don't we are going to give a heritage to our kids out
there of blacktop and houses that all look the same and I don't think we want to see
that.
Johnson: And we don't want that either.
Corrie: And that's where I'm coming from. So I want to-I've taken enough time.
Johnson: I'm sorry that letter was written before and submitted as part of this, but it was
and I can't take that back.
Meridian City Council Regular Mee'"lg
October 16, 2001
Page 49
Corrie: I understand.
Johnson: My intent now is to build city services, both water and sewer, and to try to
build this in the City of Meridian, if you will allow me to.
Corrie: Okay. Council, I'm sorry I took up so much time, but-
Johnson: Any other questions?
Bird: I have none.
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I think you said the lion's share of it. You know, I would say that this city, if
this application does go forth to the county, would oppose it. We would much rather you
annex in and work within the city and be a participant in the North Corridor Planning
Area. I do see your predicament and at this time I don't know if any of us have an
answer to that, but I know our staff is a little bit concerned about what's going to happen
when this North Corridor Planning Area is resolved and the onslaught of applications
that they will get at that time, too. So maybe that's something that we can have some
dialogue on at a workshop setting or something like that, that maybe you can get some
further feedback from Council.
Johnson: Can it be looked on a little bit like Primeland's holdings who have an
application approved, they are still participating in the overall plan, they do have other
properties that are involved in that. This application was submitted prior. We are not
proposing anything that would jeopardize that plan and I don't want to get ahead of
myself, because we haven't finalized what we are proposing there, although it is a
mixed housing, if you will, type proposal and mixed commercial and other applications
in there. It certainly isn't finalized and we will have plenty of time to discuss that. But
because we have paid the fees on these applications and we have spent the money to
do them, we would like to proceed with it. We are not trying to short-circuit the other
process, though. This is simply a request for a zoning and a development agreement
that would allow this mixed use development.
De Weerd: Within the county, but not within the city.
Johnson: I would propose-I am willing to come into the city. We have paid fees for
annexation once. Would the city request my annexation? Or, if not, we will-we will go
back through that process again, but what would be wrong with annexing it with the
zoning and the development agreement in place?
Bird: Through the county? With the county development agreement?
Meridian City Council Regular Meellllg
October 16, 2001
Page 50
Johnson: Yes.
Bird: The only thing that really disturbs me is-and I know this letter was written before
the thing come-the North Corridor study started and, by the way, it's a public record,
Greg was one of the developers to step forward with not only time, but money to get this
North Corridor Study going. I'm kind of like the Mayor, as long as I sit on the City
Council United Water-and whether it's water or sewer, which they are very capable of
running sewer, that is probably their biggest business in the United States, the sewer or
water -- will not get into our territory. I know they are already there for the church. And
that was probably a mistake on our part. But I also think that the developers have the
right to demand from the city a timely and lived-by schedule that when we will supply
the deals. And this is what this North Corridor Study going to go and I guess I'm not-
not ever done-I never have done a development, I don't know what the advantage
would be for you to get the development agreement with the county when you're going
to wait for us to get the services out there and I believe that the city will get the services
out there on a timely fashion once this study-I realize this North Corridor Study needs
to be completed, we don't need to be a two year drag out. I would think that early
spring it should be completed with a plan. I hope. What is the advantage-and I'm
asking you this, Greg, is What is the advantage for you to go forward with this
application, other than you do have money tied up, to get a development agreement
with Ada county development and getting -- and get the deal, what's the advantage to
you now?
Johnson: Once I have the development agreement-and I would be willing to work with
city staff to make sure that that development agreement is acceptable with to the city,
as well as the county. Once we have that development agreement, then [ can begin
spending money on a plat, knowing that if I comply with this, the plat is going to be
acceptable within these parameters and a plat on this size of a parcel is very expensive.
We have to layout water, sewer, basically have all the engineering done up front and I
don't want to do that without having the assurance that the governing entities are in
agreement that this is the way they'd like see it developed.
Bird: Okay.
Johnson: Then I could come back to the city for annexation and a preliminary plat and
that will probably take as much time as it takes to work out the schedule of services and
other things and-I mean we have got a mile and a half of sewer to build there. This is
a long project. But before we start building sewer-and I mean we are willing to build
the sewer, we are not asking the city to do that, we are willing to go ahead, we'd
appreciate your help if you decide to do that, but we are willing to build those trunks, if
we can proceed with it. There is one other item that-I know the fire department had
expressed an interest in having a site somewhere along Under. They wanted to be up
by Chinden. We don't have any property right up by Chinden. But if they chose to go in
that light commercial along Linder, we would be glad to give them an acre and a half lot
there along Under.
Meridian City Council Regular MeeLUlg
October 16, 2001
Page 51
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Greg, I don't know-we can ask Chief Bowers, but I-do you like your stations on
intersections or like the one at Ten Mile or up out of the intersection?
Bowers: Mayor Corrie, City Council Members, Councilman Keith Bird, no, we do not
like them at the intersections. There is too much traffic, too much -- especially if the
traffic gets backed up. We cannot have it. So we come back a quarter of a mile or so
would be fine. Or like we got on Ten Mile, a half mile.
Johnson: This would be the approximate half mile. This section in here, would this be a
reasonable location?
Bowers: Mayor Corrie, City Council Members, there has already been a couple people
come in and talk about different properties, so-and I can't tell you if we've picked any
certain property yet or not.
Johnson: I'm willing to cooperate if they need it.
Bird: And I don't believe they-actually, you guys haven't actually got a designated plan
really in place right now of where you need these, Chief Bowers, have you?
Bowers: Mayor Corrie, City Council Members, Councilman Keith Bird, we have had
several meetings with the EMS, Kent Brown, Ward Wardle, and -- Mike Wardle I believe
his name is, and John Wardle, both of them, and we have picked an area on Linder
Road a quarter of a mile south of Chinden that we would need a piece of property up in
that area.
Bird: Okay. That's something that can be worked out.
Corrie: Further discussion?
Bird: I have nothing else.
Corrie: Greg, I don't have any objection to developers putting in sewer lines. I mean
that's great. I mean they can get it done faster. But, the thing is, we want to make sure
that engineering and everything else is together, because if we don't do it, then we put
in a system that's something else, it may not work, so-
Johnson: Our intention all along is to have-to follow JUB's plan and have Brad and
others review those and to build a system that will drain that whole area all the way
back passed Locust Grove there.
Corrie: And, again, I thank you for saying that you wished this letter hadn't been written.
Meridian City Council Regular Meellllg
October 16, 2001
Page 52
Johnson: You know, I have not read this. I'm sorry that it's kind of worded strongly
and-
Corrie: I understand.
Bird: Well, let's put it this way, Greg. You aren't the first letter that we have seen like
that. Maybe it was your letter. But it was enough that the Mayor and myself and Gary
had a little meeting with United Water. As long as I sit on this Council they are not
getting in our impact area anymore. They have got one line and that's the limit.
Johnson: I understand that. There has been certain things in my life that I have drawn
a line in the sand on and I understand that.
Corrie: They play by different rules. You know that.
Johnson: I don't like to pay the water fees either.
Corrie: I understand. Any other questions-
Bird: I have none.
Corrie: -- or discussion on this?
Bird: I have none.
Corrie: All right. Thank you very much for your input. I believe that we have some
time-something has to be stated to the City-County Planning and Zoning; is that
correct?
Stiles: I need to get a letter to them tomorrow, even if it's just requesting delay.
Corrie: Okay. Council, what do you want to do? What's your pleasure on that one?
Bird: When is it scheduled, Shari?
Stiles: Next-
Bird: What's the hearing date?
Stiles: Next Thursday.
Bird: The 25th? Then when would the next meeting be?
Stiles: Probably November-
Meridian City Council Regular Meellllg
October 16, 2001
Page 53
Bird: The week before Thanksgiving or the week after?
Stiles: I think it's the week of thanksgiving.
Bird: Thanksgiving is on a Thursday.
Stiles: Yes.
Bird: So it can't be on Thursday.
Stiles: Well, I'm not sure. They will decide when they have their meeting. But staff has
told me that they are recommending it be continued as well.
Corrie: Okay. What is your thinking? Should we table this?
Stiles: They still don't have the response from Ada County Highway District either.
Corrie: Yes.
Stiles: That's what Nichole Baird at Ada county told me yesterday.
Bird: Ada county is hearing this tomorrow at noon on this request? We don't have time
to get a letter in anyway. It's tomorrow. Tomorrow at noon.
Stiles: It's the Highway District that's meeting tomorrow.
Bird: Oh, the Highway District?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I guess the letters that we have written in the past would certainly apply
quadruple anything that-you know, because of the size of this project and, you know, I
really am-I guess I have my heels dug into the sand on my position as far as applying
to the county and having the county approve a development of this size, whether it's just
the development agreement or not, this certainly isn't their purview, it's the City of
Meridian's and their area of impact. I think that the elected officials are all committed to
this North Corridor Plan and I am like Councilman Bird, I would like to see it happen in a
timely fashion. I do understand your concern and you have been at this far before this
North Corridor. In fact, your application might be even promoted the need for it. So I
don't know if this was a first-in-line type of thing, but I certainly think it's something that
the city needs to talk about as well. So I would go on record, though, to say I am
opposed to the city supporting this application to the county. And I think that staff needs
to reflect that and cite many of the same reasons that we did on our other county
Meridian City Council Regular Meeullg
October 16, 2001
Page 54
applications and go forth in that direction and it's certainly not against you, Greg, to
have this brought back into the jurisdiction that it belongs in.
Corrie: Okay. Any other comments?
McCandless: Tammy said it all.
Corrie: Okay. Then-Shari?
Stiles: Mr. Mayor and Council, could I have until November-your November-
Corrie: 20th?
De Weerd: yth?
Stiles: I'd love the 20th, but-
Corrie: That's just the word I heard, so --
De Weerd: November yth?
Stiles: November 7th to get a draft letter to you.
De Weerd: And to the applicant?
Stiles: Well, the letter should be ratified by the Council, but the letter I will write her
tomorrow is just indicating that if you-if that's what your decision is, that you oppose
the project and will recommend denial, but you need further time to review this
application.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: Perhaps this is also a discussion item we can have on November 13th at our
workshop and further explore it.
Corrie: Have it the 13th, rather than the yth? Or the 7th and then-
De Weerd: Yes.
Bird: Yes.
De Weerd: Well, you know, regardless, I think the letter is going to remain the same. I
mean we will oppose this going through the county. I think the workshop on the 13th
Meridian City Council Regular Meellng
October 16, 2001
Page 55
would be more how we can work with this applicant and talk about some of the issues
that he raised tonight.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: As I understand what Shari wants right now is just a letter asking for a
postponement to a deal and I don't-I feel that that's all we need to do. I'm for-I'm for
discussing this on the 13th and getting a letter prepared at that time. I will be very up
front if we-if we are not going to be-after this North Corridor study is done and we-
we are not going to be timely, then I'm going to probably be more on the side of the
developers that need something like this, even as bad as I hate to say that, but this is a
chance for us to go out and prove what we are working to do and get us a good planned
development out there in a timely fashion. These gentlemen-and this developer is not
the only one that's got a lot of money tied up out there, they are paying interest on it,
and they need to see some returns. And that's all I would say. Just ask for the delay
and then the 13th we can discuss it and we can write the letter at that point. That's my
thing.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I think that-whatever his name is-has-we'd like to ask for the extension
right now-right now and the letter that we would talk about on November yth would be
the recommendation to deny it at the county level. The discussion at the workshop
would be how we go about working with the-
Bird: That's a hundred percent right. That's right. The 7th would be the --
De Weerd: And, You know, and I would agree with you. This North Corridor Planning
is an opportunity for both the city and the development community and once that is put
in place we have to be prepared to move forward, so-
Corrie: And I echo that sincerely, but two things that we got to keep in mind. We are
planning on this to be done in this ten year period and we got the area of impact from
the county that we would put this in and we want to make sure that we do it and plan for
it and do it right. Whether it costs the developer more money or not, that's not our goal.
I mean we didn't ask the developer to buy that land ahead of time, but-and it may
sound like a harsh thing, but it's true. But our main objective is to make sure we have
that plan and we follow through with what we say we are going to do and I think if we
don't, then we are the ones that are going to get taken to the woodshed. But as far as
the developers buying the land, I mean that's their prerogative, they knew that going
into it. So that's what I say, we want to do it in a timely manner and do it right-as soon
as I get through we will go on to something else. I said that before and I'm going to say
Meridian City Council Regular Meeting
October 16, 2001
Page 56
it again and we need to get on with the program. So at that point, then, you have got
your marching orders, I guess, Shari, on that one. We'll talk afterwards, Greg.
Item 9.
Agreement for the Reappointment of City Attorney, the Provision of
Legal Services and for Payment of Attorney Fees and Costs.
Corrie: The next one is the agreement for reappointment of the city attorney, the
provision of the legal service, and payment for attorney fees and costs. Mr. Nichols, you
have the floor.
Nichols: Mr. Mayor, would you like me to go down to the podium or from the podium
to-
Corrie: You can sit there. I can hear you.
De Weerd: I'd like to see you on your knees when you do your presentation.
Nichols: I was on my knees a lot before I drafted the presentation.
Corrie: Pretty concise.
Nichols: The agreement is not much different than what was there before and I did give
you a cover letter, which outlined the differences, the changes in the proposed retainer
agreement, where we are at. Just kind of review who we have and what's you're getting
with these services. And in addition to my services on the civil end we also have Dave
Swartley who covers at least one of the Planning and Zoning meetings every month. On
the prosecution end we have Larry Moore, who is an experienced prosecutor and Jill
Jurries handling the prosecution duties. And as needed we have other lawyers,
typically young lawyers from the Nampa office come over and fill in when somebody's
ill. If we need coverage we have the ability to do that. We have Chris and I who
handles the judicial review suits and then some of the other lawyers in the office handle
some of the other litigation-type matters as they come up. so although I may be the
face you see at most of the Council meetings, there is certainly a lot of people that this
covers. And so most of the-like I say, most of the items there are covered in that letter
and I'm ready and willing to answer any questions you might have.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I'd like to make one statement. I believe that this was probably the most
beneficial thing that the city did. Four years later their bill to us is 35,000 less than 1997
or '98 fiscal year proposed budget by our in-house attorneys and it's something like
maybe 15,000 more than their '97 budget. I, for one, believe that we have got-we
have gotten over the last two years superior -- superior law work and I credit that all to
Mr. Nichols. And I think they have stepped up the service-the legal service for the City
Meridian City Council Regular Meetlllg
October 16, 2001
Page 57
of Meridian to make it first class. And if there is no more discussion I would move that
we accept this agreement with White, Peterson, Morrow, Gigray, Rossman, Nye,
Rossman and Nichols.
De Weerd: Second.
Corrie: Okay. Motion made and seconded. Any discussion?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I would just like to ditto what Councilman Bird said. I came on-I had
served before I got on the Council and certainly had concerns and since Mr. Nichols has
been the face we have had at this level, it's, indeed, been an extreme pleasure working
with him and been very satisfied with their services. I would have a question to staff. If
they have any comments that impact a couple of member's budgets and I just want to
make sure you have no comment.
Stiles: And how would that impact me for my department?
De Weerd: We want to make sure you have got it budgeted. I know you too good. But
do you have anything you want to add?
Stiles: Is that shown on his request there?
De Weerd: No. I checked with Stacy.
Bird: We put it all in the Planning and Zoning budget.
Stiles: Okay. I guess my fees will have to go up on again.
Corrie: What she told me today it sounds okay.
Stiles: Oh, yes. Yes. Pretty good. So, yes, Bill's done a great job for us. He's been
very responsive and we really appreciate all his work.
Nichols: Thank you.
Smith: Mr. Mayor and Council, I'd echo what Shari's just said. It's been a real joy and
pleasure to work with Bill Nichols and I also enjoyed working with Bill Gigray, as long as
you have the time. Bill does like to talk and-but having Bill Nichols here has been a
real joyful experience and one thing that I always appreciated is his good common
sense approach to problems and he's got a good thought process and I'd just say thank
you, Bill, for all your help you have given to me and the Public Works department.
Meridian City Council Regular Meetrng
October 16, 2001
Page 58
Nichols: Thank you, Gary.
Corrie: Any other comments?
McCandless: Mr. Mayor.
Corrie: Mrs. McCandless.
McCandless: I can't add anything to what's been said, really, it's just that I've sure
enjoyed working with him and thank you for all you have done for us. We appreciate it.
Corrie: Bill, I guess I'm the last one. You're not going to get away with anything here. I
believe that Rush Limbaugh on his program had a saying that dittos and what more can
I say but double dittos. You've done a great job, Bill, and so has your firm and I think
that the Council is ready to show you that this is approved by them and we will get a
unanimous decision for you here.
Nichols: Thank you.
De Weerd: Most people get this only at their funeral.
Nichols: I appreciate that, Councilwoman de Weerd.
Corrie: All right. With that being said, motion has been made and seconded to approve
the legal of White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, PA.
Bird: No. You got to add Nye, Rossman, and Nichols. He is now a partner.
Corrie: Nye, Rossman-okay.
Bird: We'll make sure that's on there.
Corrie: We want to make sure that that's on there, so our stenographer will certainly get
it all on there, so-any further discussion? Hearing none, all those in favor of the
motion say aye. Opposed no? All ayes. Motion has been carried.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Nichols: Thank you, Mayor and Council.
Corrie: Thank you. Departments heads. I would like to request Council to go into
executive session for a couple items that I have in relationship on the contracts, so jf
you so desire we can be out of here in probably five minutes.
Bird: Mr. Mayor.
Meridian City Council Regular Meeting
October 16, 2001
Page 59
Corrie: Mr. Bird.
Bird: I move that we go into executive session, according to Idaho State Code 67-
2345@ -- I think it was.
Corrie: I think you're right. It is C.
Bird: Yes. Or-yes. We will go with that.
Corrie: Okay. All in favor?
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Okay. We will go into executive session.
(Executive Session.)
Corrie: Okay. I'll entertain a motion to come out of executive session.
De Weerd: So move.
Bird: Second.
Corrie: Motion made and seconded. All in favor say aye.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Corrie: Let the record show no decisions were agreed to at the executive session. So
with that I will entertain a motion to close at 10: 1 0 the regular City Council meeting-or
come out of executive session.
Bird: We have already come out.
De Weerd: We already came out.
Corrie: We did come out.
Bird: Yes. We made the motion to come out and now we need to adjourn.
Corrie: So be it.
Bird: Cherie, it's your turn. Make a motion to adjourn before Tammy gets on one of her
oratories.
McCandless: So move.
Meridian City Council Regular Meeting
October 16, 2001
Page 60
Corrie: Motion made. Do I hear a second?
Bird: I second it.
Corrie: Motion and seconded. All those in favor say aye. All ayes. Motion carried.
Thank you.
MEETING ADJOURNED AT 10:10 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
(I / 7 I/)(
DATE APPROVED
~4:-fl-Jk;, ~
WILLIAM G. BERG, JR.;CI'fV CLERK
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR BALTIC
PLACE SUBDIVISION IN
PROPOSED R-40 AND C-G
ZONES, LOCATED AT
FRANKLIN ROAD WEST OF
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
L.C. CONSTRUCTION, INC.
APPLICANT
C/C 08-08-01
Case No. CUP-OI-OIS
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 July 17, 2001 and continued until August 8,2001 and
October 2,2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was:
Shawn Nickels, and appearing with comments or concerns was: Kevin Abernathy,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
taken oral and written testimony, and having duly considered the matter, the City
Council hereby makes the following Findings of Fact, Conclusions of Law and
Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for July 17,
2001 and continued until August 8, 2001 and October 2,2001, 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 July 17, 2001 and continued until August 8, 2001 and October
2, 2001, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
2. There has been compliance vvith all notice and hearing requirements set
forth in Idaho Code s67-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in an R-40 and C-G zones and by
reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was
required before the City Council on this application.
4. The property is located at Franklin Road west of Locust Grove Road,
Meridian, Idaho.
S. The owner of record of the subject property is Centers Construction of
Meridian, Idaho.
6. Applicant is L.c. Development of Meridian, Idaho.
7. The subject property is currently zoned R-I/RUT. There is, however, an
application before the City Council for annexation and zoning of C-G/R-40. The
zoning district of C-G/R-40 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a
planned unit development for mixed use residentiaVcommerciaI. The C-G/R-40
zoning designations within the City of Meridian Zoning and Development Ordinance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
require a conditional use penuit be obtained for most uses including those requested
by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-
1) .
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the follovving 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
City of Meridian subject to the following:
Adopt the Recommendations of the planning and zoning and engineering staff
as follows:
1. Landscaping shall be installed per the approved landscaping plan (to be
approved by staff prior to approval of the Final Plat).
2. The monument sign dimensions as dravvn on the submitted site plan
conform with the sign ordinance. A separate sign permit shall be
required prior to construction of the signs.
3. All commercial buildings within the subdivision shall participate in a
Planned Sign Program, implemented in accordance with Ordinance 11-
14-9.E. A separate Planned Sign Program application and permit shall
be required.
4. The commercial parking lots shall be used only for short-term parking
for patrons of the commercial establishment, and not for overnight use.
5. Applicant shall specifically state hours of operation for all uses within
the commercial development during the public hearing. No uses shall
operate for 24 hours without a conditional use permit.
6. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Block 1
shall provide the required 10' landscape buffer along S. Baltic Place.
7. Per Ordinance I2-13-8.3.C, no linear group of parldng exceeding 12
spaces shall be allowed without an internal planter island. The Planning
and Zoning Commission and City Council further recommend granting
a waiver to allow 13 parking spaces in four areas between planters.
Commercial areas shall fully comply with the landscape ordinance.
8. Six-foot-high, permanent perimeter fencing shall be required, except
where the City has specifically agreed, in writing, that such fencing is
not necessary. Applicant shall submit detailed fencing plans for review
and approval with submittal of the Final Plat. All required fencing is to
be in place prior to issuance of building permits. The Planning and
FINDINGS OF PACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - S
Zoning Commission and City Council recommend a waiver from the
Zoning Ordinance to reduce the required landscape buffer along the
Cemetery (to the west) and Medimont Subdivision (to the east) to only
five feet, in order to accommodate the placement of garages but requires
solid fencing.
9. According to the Landscape Ordinance, the western boundary of Lots 1,
2, 4, and 6 of Block 1 a 20~foot landscape buffer is required between the
different land uses. Changes to the site plan shall be made, or the
applicant may make a request to the Commission and Council, at the
public hearing, to reduce the landscape setback between different land
uses. The Council and Commission may reduce the setback based on
the fact that this application is a PD, which would allow a reduction in
setback requirements if the Council and Commission find that it would
be appropriate. The Planning and Zoning Commission and City
Council further recommend that the buffer be reduced to 5' adjacent to
Stonebridge Subdivision, and reduced from 20' to 10' on the westerly
boundary .
The City Council further requires 5' building setbacks for lots fronting
on parking lots, with 10' setbacks for other sides and 20' between
buildings.
10. Off-street parldng shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance.
11. Paving and striping shall be in accordance with the standards set forth
in Sections Il-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 6
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
13. Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance with City Ordinance Section 11-13-4.C.
14. All construction shall conform to the requirements of the Americans
with Disabilities Act.
15. Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
16. Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of
the conditional use permit.
Adopt the Recommendations of the Central District Health Dept as follows:
17. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
18. Run-off is not to create a mosquito breeding problem.
19. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
20. 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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ 7
follows:
21. The District's Hunter Lateral courses along the south boundary of the
proposed project. Any encroachments shall be approved and a signed
License Agreement shall be in place.
22. The District also requires a Land Use Change/Site application to be
filed.
Adopt the Recommendations of Sanitary Service as follows:
23. Container locations and volume is inadequate.
Adopt the Recommendations of the Meridian Fire Department as follows:
24. All codes shall be met, including fire hydrants, water supply, and fire
sprinkler systems. Open space shall be kept clear of trash and weeds. E.
Kalispell Street shall be built through. Fire hydrants shall be added to
S. Baltic Place off of Franklin Road.
Additionally, the Applicant shall comply with the motion made by the City
Council at their October 2, 2001 meeting, as follows:
25. No building permit shall be allowed for the apartment complex until the
following conditions are met:
a. AS' temporary sidewalk shall be provided on the west side of the
development on Franklin to Stratford in the existing Franklin
Road right-of-way.
b. A 5' permanent sidewalk shall be provided from the apartment
complex to the west side of the commercial development to
Franlctin Road.
c. Ada County Highway District's installation of a opticon activated
traffic light at the Fire Station on Franldin Road.
13. The proposed uses within the subject application will not be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
City of Meridian Zoning and Development Ordinance, however, the Plan is currently
under review and this area is being considered for some commercial designation,
which then would be harmonious because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as "Mixed/Planned Use Development".
14. The uses proposed .within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
15. The uses proposed within the subject application vvill not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, 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.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
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. s67-6S03).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice 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)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
S. Prior to granting a conditional use permit in the High Density
Residential District (R-40) and General Retail and Service Commercial District (C-
G), a public hearing shall be conducted with notice to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code S 11 ~ 1 7 ~5 City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - II
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 IS 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 vvith 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:
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
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 Comprehensive Plan of the City of Meridian, which was adopted December
21,1993, Ord. 629, January 4,1994 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 unit development for mixed use residentiaVcommercial in an R-40 and C-G
zones located at Franklin Road west of Locust Grove Road, Meridian, Idaho, subject
to the following conditions of use and development, subject to the following:
Adopt the Recommendations of the planning and zoning and engineering staff
as follows:
I. Landscaping shall be installed per the approved landscaping plan (to be
approved by staff prior to approval of the Final Plat).
2. The monument sign dimensions as drawn on the submitted site plan
conform vvith the sign ordinance. A separate sign permit shall be required
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
prior to construction of the signs.
3. All commercial buildings within the subdivision shall participate in a
Planned Sign Program, implemented in accordance with Ordinance 11-14-
9.E. A separate Planned Sign Program application and permit shall be
required.
4. The commercial parldng lots shall be used only for short-term parldng for
patrons of the commercial establishment, and not for overnight use.
5. Applicant shall specifically state hours of operation for all uses within the
commercial development during the public hearing. No uses shall operate
for 24 hours without a conditional use penuit.
6. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Block 1 shall
provide the required 10' landscape buffer along S. Baltic Place.
7. Per Ordinance 12-13-8.3.C, no linear group of parldng exceeding 12 spaces
shall be allowed without an internal planter island. The Planning and
Zoning Commission and City Council further recommend granting a waiver
to allow 13 parldng spaces in four areas between planters. Commercial
areas shall fully comply with the landscaping ordinance.
8. Six-foot~high, permanent perimeter fencing shall be required, except where
the City has specifically agreed, in writing, that such fencing is not
necessary. Applicant shall submit detailed fencing plans for review and
approval with submittal of the final Plat. All required fencing is to be in
place prior to issuance of building permits. The Planning and Zoning
Commission and City Council recommend a waiver from the Zoning
Ordinance to reduce the required landscape buffer along the Cemetery (to
the west) and Medimont Subdivision (to the east) to only five feet, in order
to accommodate the placement of garages but requires solid fencing.
9. According to the Landscape Ordinance, the western boundary of Lots 1,2,
4, and 6 of Block 1 a 20-foot landscape buffer is required between the
different land uses. Changes to the site plan shall be made, or the applicant
may make a request to the Commission and Council, at the public hearing,
to reduce the landscape setback between different land uses. The Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
and Commission may reduce the setback based on the fact that this
application is a PD, which would allow a reduction in setback requirements
if the Council and Commission find that it would be appropriate. The
Planning and Zoning Commission and City Council further recommend
that the buffer be reduced to 5' adjacent to Stonebridge Subdivision, and
reduced from 20' to 10' on the westerly boundary.
The City Council further requires 5' building setbacks for lots fronting on
parking lots, with 10' setbacks for other sides and 20' between buildings.
10.0ff-street parldng shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance.
1 1. Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12.A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. S57, 10-1-91)
for all off-street parldng areas. Storm water treatment and disposal shall be
designed in accordance \vith Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
13.0utside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and properties,
in accordance with City Ordinance Section 11-13-4.C.
14.AlI construction shall conform to the requirements of the Americans with
Disabilities Act.
15. Trash enclosures shall meet the requirements of the Sanitary Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT ~ IS
Company's guidelines for location and size.
16.Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of the
conditional use permit.
Adopt the Recommendations of the Central District Health Dept as follows:
17. The Applicant's central sewage and central water plans shall be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
18.Run-off is not to create a mosquito breeding problem.
19.5tormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
20.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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
2 1. The District's Hunter Lateral courses along the south boundary of the
proposed project. Any encroachments shall be approved and a signed
License Agreement shall be in place.
22.The District also requires a Land Use Change/Site application to be filed.
Adopt the Recommendations of Sanitary Service as follows:
23. Container locations and volume is inadequate.
Adopt the Recommendations of the Meridian Fire Department as follows:
24.AlI codes shall be met, including fire hydrants, water supply, and fire
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
sprinkler systems. Open space shall be kept clear of trash and weeds. E.
Kalispell Street shall be built through. Fire hydrants shall be added to S.
Baltic Place off of Franldin Road.
Additionally, the Applicant shall comply with the motion made by the City
Council at their October 2, 2001 meeting, as follows:
25. No building permit shall be allowed for the apartment complex until the
following conditions are met:
a. A 5' temporary sidewalk shall be provided on the west side of the
development on Franldin to Stratford in the existing Franldin Road
right-of-way.
b. A 5' permanent sidewalk shall be provided from the apartment
complex to the west side of the commercial development to Franldin
Road.
c. Ada County Highway District's installation of a opticon activated
traffic light at the Fire Station on Franldin Road.
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 of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
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 S 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit approval may within twenty~eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
S2, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of /Ycfi;6vu ,2001.
/6~
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED d6J-e-,J;-
COUNCILMAN KEITH BIRD VOTED*tL
COUNCILWOMAN TAMMY deWEERD VOTED$-~
COUNCILWOMAN CHERIE McCANDLESS VOTED~v
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED_
DATED: ~/O-16 -to!
MOTION: ~
APPROVED:~
DISAPPROVED:_
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:k~frjfe,,-#> 9-
City Clerk 1/
Dated:
Z:\ W ork\M\Meridian\Meridian I 5360M\Ba[tic PlaceAZO 1-008 PPO [-009 CUPO 1-0 15\FfClsCUPO 1-0 15 .doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/08/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR BALTIC
PLACE SUBDIVISION IN
PROPOSED R-40 AND C-G
ZONES, LOCATED AT
FRANKLIN ROAD WEST OF
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
Case No. CUP-OI-OI5
ORDER GRANTING
CONDITIONAL USE PERMIT
L.C. DEVELOPMENT, INC.,
APPLICANT
1. This matter coming before the City Council on the 2nd day of
October, 2001, under the provisions of Meridian City Code S 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
planned unit development for mixed use residentiaVcommercial in an R-40 and C-G
zones located at Franklin Road west of Locust Grove Road, Meridian, Idaho, subject
ORDER CONDITIONAL USE PERMIT
(CUP-OI-OI5)
- 1
to the following conditions of use and development:
Adopt the Recommendations of the planning and zoning and engineering staff
as follows:
1. Landscaping shall be installed per the approved landscaping plan (to be
approved by staff prior to approval of the Final Plat).
2. The monument sign dimensions as drawn on the submitted site plan
conform with the sign ordinance. A separate sign permit shall be
required prior to construction of the signs.
3. All commercial buildings "vithin the subdivision shall participate in a
Planned Sign Program, implemented in accordance with Ordinance 11-
14-9.E. A separate Planned Sign Program application and permit shall
be required.
4. The commercial parldng lots shall be used only for short-term parldng
for patrons of the commercial establishment, and not for overnight use.
5. Applicant shall specifically state hours of operation for all uses within
the commercial development during the public hearing. No uses shall
operate for 24 hours vvithout a conditional use permit.
6. Per Ordinance 12-13-7,4, the commercial building on Lot 3, Block 1
shall provide the required 10' landscape buffer along S. Baltic Place.
7. Per Ordinance 12-13-8.3.C, no linear group ofparldng exceeding 12
spaces shall be allowed without an internal planter island. The Planning
and Zoning Commission and City Council further recom.mend granting
a waiver to allow 13 parldng spaces in four areas between planters.
Commercial areas shall fully comply with the landscaping ordinance.
8. Six-foot-high, permanent perimeter fencing shall be required, except
where the City has specifically agreed, in writing, that such fencing is
not necessary. Applicant shall submit detailed fencing plans for review
and approval with submittal of the Final Plat. All required fencing is to
be in place prior to issuance of building permits. The Planning and
Zoning Commission and City Council recommend a waiver from the
ORDER CONDITIONAL USE PERMIT
(CUP-OI-OI5)
- 2
Zoning Ordinance to reduce the required landscape buffer along the
Cemetery (to the west) and Medimont Subdivision (to the east) to only
five feet, in order to accommodate the placement of garages but requires
solid fencing.
9. According to the Landscape Ordinance, the western boundary of Lots 1,
2, 4, and 6 of Block 1 a 20-foot landscape buffer is required between the
different land uses. Changes to the site plan shall be made, or the
applicant may make a request to the Commission and Council, at the
public hearing, to reduce the landscape setback between different land
uses. The Council and Commission may reduce the setback based on
the fact that this application is a PD, which would allow a reduction in
setback requirements if the Council and Commission find that it would
be appropriate. The Planning and Zoning Commission and City
Council further recommend that the buffer be reduced to 5' adjacent to
Stonebridge Subdivision, and reduced from 20' to 10' on the westerly
boundary.
The City Council further requires 5' building setbacks for lots fronting
on parking lots, vvith 10' setbacks for other sides and 20' between
buildings.
10. Off-street parldng shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance.
11. Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and ll-I3-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 5S7, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
ORDER CONDITIONAL USE PERMIT
(CUP-OI-015)
- 3
development plan approval. The applicant is responsible for filing all
necessary applications 'with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
13. Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance with City Ordinance Section 11~13-4.C.
14. All construction shall conform to the requirements of the Americans
with Disabilities Act.
IS. Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
16. Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of
the conditional use permit.
Adopt the Recommendations of the Central District Health Dept as follows:
17. The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
18. Run-off is not to create a mosquito breeding problem.
19. Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
20. 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.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
21. The District's Hunter Lateral courses along the south boundary of the
ORDER CONDITIONAL USE PERMIT
(CUP~OI-OI5)
-4
proposed project. Any encroachments shall be approved and a signed
License Agreement shall be in place.
22. The District also requires a Land Use Change/Site application to be
filed.
Adopt the Recommendations of Sanitary Service as follows:
23. Container locations and volume is inadequate.
Adopt the Recomnl.endations of the Meridian Fire Department as follows:
24. All codes shall be met, including fire hydrants, water supply, and fire
sprinkler systems. Open space shall be kept clear of trash and weeds. E.
Kalispell Street shall be built through. Fire hydrants shall be added to
S. Baltic Place off of Franklin Road.
Additionally, the Applicant shall comply with the motion made by the City
Council at their October 2, 2001 meeting, as follows:
2S. No building permit shall be allowed for the apartment complex until the
following conditions are met:
a. A 5 t temporary sidewalk shall be provided on the west side of the
development on Franklin to Stratford in the existing Franklin
Road right-of-way.
b. A 5' permanent sidewalk shall be provided from the apartment
complex to the west side of the commercial development to
Franldin Road.
c. Ada County Highway District's installation of a opticon activated
traffic light at the Fire Station on Franldin Road.
3. The above conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application
for a conditional use permit.
ORDER CONDITIONAL USE PERMIT
(CUP-OI-OIS)
-5
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.
By action of the City Council at its regular meeting held on the
16 -r.6-
day of
C/c-hP ~
,2001.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
ByJ~,d~~
City Clerk
Dated: /p.-16-t}/
l:\ W or k\M\Meridi an\M eridian
ORDER CONDITIONAL USE PERMIT
(CUP-OI-015)
- 6
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF RON
OSBORNE, THE APPLICATION
FOR ANNEXATION AND ZONING OF
9.79 ACRES FOR FRANKLIN MINI
STORAGE, LOCATED AT 1975 E.
FRANKLIN ROAD, MERIDIAN, IDAHO
C/C 09-18-01
Case No. AZ-OI-011
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW AND
DECISION AND
ORDER GRANTING
APPLICATION FOR
ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on September 18,2001, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified
on behalf of the Applicant, and appearing with comments and/or concerns was Scott
Beecham, and the City Council having duly considered the evidence and the record
Law, and Decision and Order:
in this matter therefore Inakes the follovving Findings of Fact and Conclusions of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page I
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for September 18, 2001, 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 that 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 September
18, 200 I, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1-0 11)
Page 2
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 9.79 acres in size and is located at 1975
E. Franklin Road. The property is designated as Franklin Mini Storage.
6. The ovvner of record of the subject property is Ron and Carla Osborne
of Meridian, Idaho.
7. Applicant is Ron Osborne of Meridian, Idaho.
8. The property is presently zoned by Ada County as RUT, and consists of
vacant land and 1 single family dwelling.
9. The Applicant requests the property be zoned as C-G.
10. The subject property is bordered to the north by the proposed
Sparrowhawk Subdivision, zoned C-G, to the south by Woodbridge Subdivision,
zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-I, and a single-
family dwelling and agricultural land, zoned RUT, and city limits of the City of
Meridian are adjacent and abut to the north and south of the subject property.
11. The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE/
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 3
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: develop a mini-storage facility.
14. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the concerns of Derrick O'Neill on behalf
of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association,
Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and
Robin Paulson.
17. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYRON OSBORNE/
FRANKLIN MINI STORAGE (AZ-OI-0Il)
Page 4
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/ common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. Prior to annexation,
the applicant shall provide documentation that Ada County has
approved a combination/split of the properties to reflect the lots as
proposed are legal lots. If such documentation is not submitted, the
applicant shall be required to prepare a subdivision plat for recordation
prior to obtaining building permits. If annexed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
17.2 All irrigation ditches, laterals or canals, exclusive of natural watelways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12A-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, vvith
written confirmation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
17.3 Any existing domestic wells and/or septic systems within this project
shall 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.
17.4 Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
17.5 Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 5
17.6 Applicant shall comply with all of the General Requirements of the Staff
comments listed in their July 2, 2001 letter.
Adopt the Recommendations of the Ada County Highway District as follows:
17.7 Dedicate 48 -feet of right~of-way from the centerline of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
17.8 Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
17.9 The proposed driveway located approximately 135-feet west of the east
property line is approved with this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Franklin Road. Otherwise, the
driveway shall align or offset a minimum of 1 85-feet from any
driveways within the Sparrowhawk Subdivision.
17.10 Pave the driveway its full width of 30 to 35-feet and at least 30-feet into
the site beyond the edge of pavement of Franklin Road and install
pavement tapers with IS-foot radii abutting the existing roadway edge.
17.11 Only one driveway is approved with this application. Any existing
driveway( s) shall be closed using benuing, landscaping, curbing, or other
method approved by the District.
17.12 Locate any proposed gated entry a minimum of 50-feet from the new
Franldin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff.
17.13 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE/
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 6
17.14 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
17.1S Other than the access point specifically approved with this application
(as noted on the submitted site plan), direct lot or parcel access to
Franldin Road is prohibited.
17.16 Applicant shall additionally comply with all the Standard Requirements
listed in the ACHD's letter dated June 22,2001.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
17.17 If a pressure urban irrigation system is planned that shall be owned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
system, and also fill out and return a questionnaire of the pressure
urban irrigation system.
Additionally, the Applicant shall comply with the City Council's action
from their meeting held on Tuesday, September 18,2001, as follows:
17.18 Use of a portion of the property as a non~conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
allowed to pasture as a non-conforming use.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 7
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20. It is found that the zoning of the subject real property as General Retail
And Service Commercial District (C~G) requires connection to the Municipal Water
and Sewer systems and will be compatible with the Applicant's development
intentions, and vvill assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mixed Planned Use Development.
21. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1-011)
Page 8
21.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
21.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
21.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 SO-222. The Meridian City Code S 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1-0 II)
Page 9
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 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal vvith area-specific policies and
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Oll)
Page 10
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fit existing and projected needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 11
Economic Development Chapter
1.2-- . . .set aside areas where commercial interest and activities are to dominate.
lA-Positive programs should be undertaken to support existing commercial areas to
ensure their continued vitality. . .
Land Use Chapter
4.3U-Encourage new commercial development within under-utilized existing
commercial areas.
4.8U-Encourage commercial uses...to locate in the Old Town district, business parks,
shopping centers and near high-intensity activity areas, such as freeway interchanges.
Community Design Chapter
2.2U-Encourage area beautification through uniform sign design that enhances the
community.
4.4U-Encourage landscaped setbacks for new development.
5. The zoning of General Retail And Service Commercial District (C"G) is
defined in the Zoning Ordinance at S 11-7-2 K as follows:
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a mixed
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1"011)
Page 12
planned use development on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11 ~ 16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZkOl-011)
Page 13
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
The applicant's request for annexation and zoning of approximately
9.79 acres to General Retail and Service Commercial District (C-G) is granted subject
to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 9.79 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, tOwwit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/ common area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 14
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. Prior to annexation,
the applicant shall provide documentation that Ada County has
approved a combination/split of the properties to reflect the lots as
proposed are legal lots. If such documentation is not submitted, the
applicant shall be required to prepare a subdivision plat for recordation
prior to obtaining building permits. If annexed, all future uses shall be
required to be approved through the planned development process and
as conditional uses.
3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The Five Mile Drain is a natural waterway and will not be
tiled.
3.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8 . Wells may be used for non-domestic purposes
such as landscape irrigation.
3.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Warks Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
3.5 Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas or public right-of-ways
and shall be in accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
3.6 Applicant shall comply with all of the General Requirements of the Staff
comments listed in their July 2, 2001 letter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1-0 11)
Page 15
Adopt the Recommendations of the Ada County Highway District as follows:
3.7 Dedicate 48 ~feet of right-of-way from the centerline of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
3.8 Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 330-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
3.9 The proposed driveway located approximately 135~feet west of the east
property line is approved with this application, should this site develop
prior to driveway plans being submitted for the Sparrowhawk
Subdivision on the north side of Franldin Road. Otherwise, the
driveway shall align or offset a minimum of 1 85-feet from any
driveways within the Sparrowhawk Subdivision.
3.10 Pave the driveway its full width of 30 to 35~feet and at least 30-feet into
the site beyond the edge of pavement of Franldin Road and install
pavement tapers with IS-foot radii abutting the existing roadway edge.
3.11 Only one driveway is approved with this application. Any existing
driveway(s) shall be closed using benning, landscaping, curbing, or other
method approved by the District.
3.12 Locate any proposed gated entry a minimum of 50-feet from the new
Franldin Road right-of-way. Coordinate the location of any proposed
gated entry with District staff.
3.13 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
3.14 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
3.15 Other than the access point specifically approved with this application
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-Ol1)
Page 16
(as noted on the submitted site plan), direct lot or parcel access to
Franklin Road is prohibited.
3.16 Applicant shall additionally comply vvith all the Standard Requirements
listed in the ACHD's letter dated June 22 ,2001.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
3.17 If a pressure urban irrigation system is planned that shall be ovvned,
operated and maintained by the Irrigation District, then Applicant shall
coordinate with the District concerning the installation of the pressure
system, and also fill out and return a questionnaire of the pressure
urban irrigation system.
Additionally, the Applicant shall comply with the City Council's action
from their meeting held on Tuesday, September IS, 2001, as follows:
3.1S Use of a portion of the property as a non-conforming use may continue.
However, there shall be no more than four adult horses and 1 colt
allowed to pasture as a non-conforming use.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (C-G) General Retail And Service Commercial
District, and Meridian City Code S 11-7-2 K.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 17
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 S 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 vvithin twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action .of the City Council at its regular meeting held on the / 6 -f.!:.. day
of
(fJc;fzp ~
, 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED af}J~
COUNCILMAN KEITH BIRD
VOTED$rA.-
COUNCILMAN TAMMY deWEERD
VOTED$-CL--
COUNCILMAN CHERIE McCANDLESS
VOTED ~tZ--
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-O 1-0 II)
Page 18
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /0-/6-&/
VOTED -==
MOTION:
APPROVE~ DISAPPROVED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By~;a~p~t
City Clerk
Dated:
Z:\Work\M\Meridian\lV1eridian I5360M\Franklin Mini Storage AZGI-O! I
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY RON OSBORNE /
FRANKLIN MINI STORAGE (AZ-OI-011)
Page 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR
PRELIMINARY/FINAL PLAT
FOR HEARTWOOD
SUBDIVISION FOR 2
BUILDING LOTS ON 4.04
ACRES IN AN I~L ZONE,
LOCATED AT THE
NORTHWEST CORNER OF
WEST FRANKLIN ROAD AND
NORTH IOTI-! STREET,
MERIDIAN, IDAHO
BY: PINNACLE ENGINEERS,
INC.
C/C 1 O~02~0 1
Case No. P/FP-OI-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF
PRELIMINARY/FINAL PLAT
The above entitled matter coming on regularly for public hearing before the
City Council on October 2,2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and appearing and testifying on
behalf of the Applicant were: Kirby Kirkham and Ron Whitney of Pinnacle
Engineers, Inc., and the City Council having received a report from Shari Stiles, the
Planning and Zoning Administrator, and the City Council having received as part of
the record of this matter the recommendation to City Council of the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-Ol.003)
- 1
Zoning Commission and the applicant having submitted the Plat Drawing described
as follows, "PRELIMINARY PLAT FOR HEARTWOOD SUBDIVISION, A
PORTION OF THE NE1/4 OF THE SEl/4 OF THE SEI/4 OF SECTION 17
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY,
IDAHO 2001, DATE: 6/15/01, DRAWN BY: JGC, DESIGNED BY: JGC,
CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C016089, SHEET PP-l,
PINNACLE ENGINEERS, INC.", submitted for preliminary/final plat approval and
which preliminary/final plat application is herein received and adjudged by the City
Council pursuant to Meridian City Code, Section 12w3. Therefore the City Council
makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned I-L Light Industrial District, and
requires connection to the Municipal Water and Sewer System. [see Meridian City
Code, Section 11-7-2 N.]
2. The preliminary plat is in conformance with the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-OI-003)
- 2
City of Meridian adopted December 21, 1993, Ordinance No. 629.
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 Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III are met there will be public financial capability of supporting services for the
proposed development.
5. The development, if built in accordance vvith 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.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which
are herein adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-O 1-003)
- 3
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Final Plat of the applicant as evidenced by" PRELIMINARY PLAT FOR
HEARTWOOD SUBDIVISION, A PORTION OF THE NEl/4 OF THE SEl/4 OF
THE SE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 6/15/01, DRAWN BY: JGC,
DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO.
C016089, SHEET PP-l, PINNACLE ENGINEERS, INC.", submitted for
preliminary/final plat.
1. The conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from David McKinnon, Planner for Planning and Zoning,
and Bruce Freckleton, Engineering Technician III, dated July 30,2001, listing 3
Final Plat Site Specific Comments and 9 General Comments, a true and correct copy
of which is attached hereto and marked Exhibit '1A", and consisting of four pages, and
by this reference incorporated herein, with the additional requirements from the City
Council at their meeting of October 2,2001, and the requirements are as follows, to-
wit:
1.1 The City Council's action from their October 2, 2001 meeting, shall be
the revision of number 7 on page 1 of the Recommendation presented
to Council from Planning and Zoning, and which number 7 on page 1
shall now read as follows:
7. The Applicant proposes to develop the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-OI-003)
- 4
following manner: division of 1 lot into 2 lots to accommodate
an already approved conditional use permitted development for
two office/warehouse buildings.
1.2 The City Council's action from their October 2, 2001 meeting, shall be
the revision of number 2 on page 2 of the Recommendation presented
to Council from Planning and Zoning, and which number 2 on page 2
shall now read as follows:
2. Per Ordinance 12-13-7.3, an additional common lot should be
added along Franklin Road frontage to accommodate the required
street landscape buffer. However, due to the fact that this project
was previously approved as a CUP, the addition of a common lot
for landscaping vvill not be required. Nevertheless, the
landscaping shall be installed, at the time a lot begins
construction, along Franklin prior to occupancy of either
building, and all the landscaping along the western boundary.
1.3 The City Council's action from their October 2,2001 meeting, shall be
the revision of number lIon page 3 of the Recommendation presented
to Council from Planning and Zoning, and which number lion page 3
shall now read as follows:
11. Prior to the issuance of building permits on each individual lots a
drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. Storm water
treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog
of StorIn Water Best Management Practices for Idaho Cities and
Counties and City of Meridian standards and policies. Off-site
disposal into a surface water is prohibited unless the jurisdication
which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection
Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-OI-003)
- 5
1.4 The City Council's action from their October 2,2001 meeting, shall be
the deletion of number 34 on page 6 of the Recommendation.
1.5 Comply with the Nampa and Meridian Irrigation District as follows:
1.5.1 All laterals and waste ways must be protected and all municipal
surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage
plans. The developer must comply with Idaho Code s31-3805.
2. The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements; and
By action of the City Council at its regular meeting held on the ! {;;ft- day of
Pcb ~
, 2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-OI-003)
- 6
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By J4L,LS /5c? 9-
City Clerk
Dated:
tJ-~/6--{)/
Z:\Work\M\Meridian\Meridian 15360M\Heartwood Sub PFPO I-003\FinaIPlatFfCls.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - HEARTWOOD SUBDIVISION I
BY PINNACLE ENGINEERS, INC. (PFP-OI-003)
. 7
MAYOR
Robert D. Corrie
HUB OF TREASURE VALLEY
A GoOO Place to live
CITY OF l\1ERIDIAN
orr COUNOL ./vlEIvlBERS
Ron Anderson
Keith Birr!
TammydeWeerd
alene M:Gndless
33 EAST IDAHO
:MERIDIAN IDAHD 83642
(208) 888-+03' FAX (208) 887-4813
Gty Oerk Office EL': (208) 888-4218
MEMORANDUM:
:S~e~\ ~1Qt))
:rle-~ *" 7
DEPARThlENT
(208) 884-5533 . F A,'{ 888-6854
July 30,2001
To: Mayor, City Council, Planning & Zoning Conunission
From: Bruce Freckleton, Assistant to City Engineer~
David McKinnon, Planner NA
Re: Request for Preliminary/Final Plat Approval for Heartwood Subdivision
By Heartwood LLC., c/o Pinnacle Engineers, Inc. (File No. PFP-Ol-003)
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
APPLICATIONS SUMMARY
Last year a conditional use permit (CUP) was requested, and approved, to allow the applicant to
place two office/warehouse buildings on this property. When the CUP was approved both
buildings were on the same lot. The applications before you now are a request to have the
property divided into two separate parcels, with one building on each lot. The applicant is not
proposing any changes to the previously approved landscaping, parking, or site plan design.
There are no variances requested as part of this application.
Because this is a subdivision request that contains less than 4 lots and it does not include any
dedication of public right-of-way the applicant has applied for both a Preliminary Plat and Final
Plat approval at this time (Ordinance 12-13-12C). Staff is recommending approval of the
Preliminary/Final Plat applications.
LOCATION & SURROUNDING USES
The subject property is located on the northwest corner of Franklin Road and W. loth St. The lot
is currently zoned 1-1. The property is located in an area designated as Existing Urban in the
Comprehensive Plan.
The following are the zoning classification and uses that surround the subject property:
North - Eight-Mile Lateral and existing Mini Storage.
South - Franklin Road and Crestwood Estates Subdivision
East - Contractor's Yard (Mortensen Construction)
West - Vacant land, zoned RT in Ada County
and P&Z
REOUIRED FINDINGS
Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision the Commission/Council shall consider the objectives of this title and
at least the following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds the subdivision is in conformance with the Comprehensive Plan.
b. The availability of public services to accommodate the proposed development;
Staff finds the subdivision to have public services readily available on site, provided
changes as may be required by the Public Works and Building Departments are made.
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivis"ion will not require the expenditure of capital improvement
funds.
d. The public financial capability of supporting services for the proposed
development;
Staff finds that the development's services will be primarily funded by the private
developer and will not require major public expenditures for supporting services.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that the subdivision should not create any health, safety or environmental
problems that should be brought to the attention of the Councilor PlaIll1ing and Zoning
Commissioners.
PRELIMINARY PLAT SITE SPECIFIC COMMENTS
1. Sanitary sewer and water service to this site shall be via main extensions from the existing
mains adj acent to the subdivision in Franklin Road.
2. Per Ordinance 12-13-1.3, an additional common lot should be added along Franklin Road
frontage to accommodate the required street landscape buffer. However, due to the fact that
this project was previously approved as a CUP, the addition ofa common lot for landscaping
will not be required. Nevertheless all the landscaping (f~r both lots) shaV be installed along
Franklin prior to occupancy of either building. (7 .fL-<--L-'{ /-jj-v-, r~,"c7 ) ,
"
Mayor, Council and P&
July 30, 2001
Page 3
3. Two-hundred-fifty watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at subdivider's
expense.
4. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Due to
the size of landscaped area, primary water supply cOlmection to the City's mains will not be
allowed. Applicant shall be required to utilize any existing surface or well water for the
primary source. If City water is proposed as a secondary source, developer shall be
responsible to pay water assessments for the entire common open area.
Detailed landscape plans for all landscape easements were submitted for review and approval
with the subject applications. Staff recommends approval ofthe Perimeter Landscape Plan
5. All signage for the subdivision is subject to the requirements placed on the Conditional Use
Permit for the H & W Inc., one single free-standing 72 square foot monument sign in
addition to the permitted wall signage. All signage shall be subject to design review and
requires separate permits.
6. Five-foot wide sidewalks shall be installed as previously approved.
GENERAL COMMENTS
1. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
2. Off-street parking shall be provided in accordance with City of Meridian Zoning and
Development Ordinance 11-13.
3. Paving and striping shall be in accordance with the standards set forth in the City of Meridian
Zoning and Development Ordinance 11-13-4 and in accordance with Americans with
Disabilities Act (ADA) requirements.
4. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557. 10-1-91) for all off-street parking areas.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
3
Mayor, Council and P&Z
July 30, 2001
Page 4
5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M.
6. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning
and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs
will be permitted.
7. Provide five-foot-wide sidewalks in accordance with City Ordinance 12-5-2.K.
8. All construction shall conform to the requirements of the Americans with Disabilities Act.
9. Please submit a copy of the Ada County Street Name Committee's final approval letter for
the Subdivision name, lot and block numbering. Make any corrections necessary to conform.
FINAL PLAT SITE SPECIFIC COMMENTS
1. Assessment fees for water and sewer service are determined during the building plan
review process. Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian. In addition to these assessments, water and sewer "Late Comers"
fees may also be charged against this parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current points.
2. Please execute the Certificate of Owners and its accompanying Aclmowledgement.
3. Please add or modify the following plat note(s):
(8.) The bottom elevation of structural footings shall be set a minimum of 12 inches
above the highest established normal ground water elevation.
Recommendation
Staff recommends approval of these applications with the above noted conditions.
at
City of MeriClian
Public Works DeRt.
To: Mayor Corrie
From:Gary D. Smith, PE
cc: file
Date: 10102/01
lie: City Council Agendi;t - Waterline Easement - KD Roofing Project
Mayor Corrie: Here is a small easement necessary for City access to a fire hydrant and
water meters for the "KD Roofing" building project located on the north side of Overland
Road, east of Teare Avenue.
I would appreciate it if you could place this on the next available City Council agenda under
the Public Works Department Report.
Recommended Council Action:
Approve of this easement to permit City access to a fire hydrant and water meters
located on private property (Kendall and Shelley Doty) and to authorize Mayor Corrie
and City Clerk Berg to sign the easement document.
T,# you,
Gary s~
~ ;&/61
From the desk of...
Gary D. Smith, PE
Public Works Director
Meridian Public Works Department
660 E Watertower Lane, Suite 200
Meridian,. Idaho 83642
. Page 1
(208) 898-S500
Fax: (208) 887-1297
WATER MAIN EASEMENT
THIS INDENTURE, made this 22:.. day of 5cf 1-", 20 0 I between I-<'e.ndctf.( /71. f::::,c.,-f,c ,
the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Co~,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water main right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the CONSTRUCTION operation,
maintenance, repair, replacement of a water main over and across the following described
property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line
and their allied facilities, together with their maintenance, additional connection thereto, repair
and replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after CONSTRUCTION, making repairs, performing other maintenance or making
subsequent connection to the water line, Grantee shall restore the area of the easement and
adjacent property to that existent prior to undertaking such CONSTRUCTION, repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
oftrus easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Water Main Easement Page 1 EASMT.WTR
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed ofthe 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.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
STATE OF IDAHO )
) ss
County of Ada )
On this .;)S +"-day oK 'S~t1lLnt ,b.u ,200 f, before me, the undersigned, a Notary
Public in and for said St te, personally appeared X<2J1dtu/_ /Yl. AD t-~ and
" J. ' Y', known or identified to me to be t e President and
Secretary, res ectively, of t e- corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
,\\"'........,.8.I;l~ year fist above written.
....,..\ ~ \).~u~~: 1f~~~;~;
$'" "..... 'fIc_. \
i ! ~ 0 t A.~ y \ \
i * i _4 -', j ~ E
;. \0 PUBl,\C l ;
\:~ ;~..0.....4...~ +0....1
.,..........:,;,;;:::-~'i~tasement
/'-'-~rvf " ,5(1; L..\
NeTARY PUBLIC FOR IDAHO
Residing at -41:(0. ()~UA~
Conunission Expires: /,:,) <-.) DDLJ
Page 2 EASMT.WTR
GRANTEE: CITY OF MERlDIAN
Robert D. Corrie, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
Water Main Easement
Page 3
EASMT.WTR
HUBBLE ENGINEERING, INC.
701 S. Allen St., Suite 102 " Meridian, 10 83642
208/322-8992 " Fax 208/378-0329
Project No. 0007500
July 25, 2001
K.D. ROOFING
EASEMENT FOR
MERIDIAN CITY WATER FACILITIES
A parcel of land being a portion of Lot 4, Block 1, of the Timothy Subdivision, as shown
on the official plat of record in Book 31 of Plats at Page 1923, Ada County records and being
situated in the SE1/4 of Section 18, T.3N., R.1 E., Boise Meridian, and being more particularly
described as follows:
Commencing at the southeast corner of said Section 18 from which the South 1/4 corner
bears South 89043'11" West, 2649.02 feet;
thence South 89043'11" West, 1336.64 feet along the South boundary of said Section 18
and the centerline of Overland Road to a point;
thence North 00028'51" East, 48.00 feet to the North right-of-way line of Overland Road;
thence South 89043'11" West, along said North right-of-way line, 82.00 feet to the REAL
POINT OF BEGINNING;
thence South 89043'11" West, 30.00 feet;
thence North 00016'49" West, 11.91 feet;
thence North 89043'11' East, 30.00 feet;
thence South 00016'49" East, 11.91 feet to the Real Point of Beginning, contains 357
square feet, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
Todd R. Waite, P.L.S.
J :\Projects\KD ROOFING SITE(OO-075)\Documents\ TRW-Easment-MeridianWater.doc
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2138 378 13329
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CITY OF MERIDIAN
WA TER EASEMEN T
TOTAL P. 133
PAGE. 133
October 12,2001
Department Reports
October 16, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Mayor Corrie
REQUEST Appointment of alternates for VIATrans Board
ITEM NO.
If <~- d
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:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
.~ J U /I (?vV{u
Puff 'A./1l vtr}J, 1 ,VJ-/ U
Ic5 if'- H #/tA
~d
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10-02-01
IN THE MATTER OF THE
REQUEST FOR
PRELIMINARY/FINAL PLAT
FOR TREASURE VIEW
SUBDIVISION FOR 3
BUILDING LOTS ON 2.85
ACRES IN AN L.O ZONE,
LOCATED AT 3500 EAST
MAGIC VIEW DRIVE,
MERIDIAN, IDAHO
Case No. PIFP-O 1-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF
PRELIMINARY/FINAL PLAT
BY: PINNACLE ENGINEERS,
INC.
The above entitled matter coming on regularly for public hearing before the
City Council on October 2,2001, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the hearing, and appearing and testifying on
behalf of the Applicant was Jonathan Seel of Pinnacle Engineers, Inc., and the City
Council having received a report from Shari Stiles, the Planning and Zoning
Administrator, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission
and the applicant having submitted the Plat Drawing described as follows,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-OI-004)
- 1
"TREASURE VIEW SUBDIVISION, SITUATED IN LOTS 2 & 3 OF BLOCK I OF
AlvIENDED MAGIC VIEW SUBDIVISION AS RECORDED IN BOOK 52 AT
PAGE 4445 LOCATED IN A PORTION OF THE SEl/4 OF THE NEl/4 OF THE
NE1/4 OF SECTION 17 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE
MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01,
DRAWN BY: JGC, DESIGNED BY: JGC, CHECKEDBY: J.G. CARPENTER, P.E.,
PROJECT NO. C016120, SHEET PP~l, PINNACLE ENGINEERS, INC.",
submitted for preliminary/final plat approval and which preliminary/final plat
application is herein received and adjudged by the City Council pursuant to Meridian
City Code, Section 12-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies \vithin the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned L-O Limited Office District, and
requires connection to the Municipal Water and Sewer System. [see Meridian City
Code, Section 11-7-2 I.]
2. The preliminary plat is in conformance with the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-O 1-004)
- 2
City of Meridian adopted December 21, 1993, Ordinance No. 629.
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 Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Engineering Technician
III are met there will be public financial capability of supporting services for the
proposed development.
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.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code, Section 12-3-5 and based upon the above and foregoing Findings of Fact which
are herein adopted:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION!
BY PINNACLE ENGINEERS, INC. (PFP-OI-004)
- 3
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Final Plat of the applicant as evidenced by " TREASURE VIEW SUBDIVISION,
SITUATED IN LOTS 2 & 3 OF BLOCK 1 OF AMENDED MAGIC VIEW
SUBDIVISION AS RECORDED IN BOOK 52 AT PAGE 4445 LOCATED IN A
PORTION OF THE SE1/4 OF THE NE1I4 OF THE NEl/4 OF SECTION 17
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2001, DATE: 6/15/01, DRAWN BY: JGC,
DESIGNED BY: JGC, CHECKEDBY: J-G. CARPENTER, P.E., PROJECT NO.
C016120, SHEET PP-l, PINNACLE ENGINEERS, INC.", submitted for
preliminary/final plat.
1. The conditions of Staff comments as set forth in the Memorandum to the
Mayor and City Council from David McIGnnon, Planner for Planning and Zoning,
and Bruce Frecldeton, Engineering Technician III, dated September 4, 2001, listing
14 Site Specific Comments and 3 General Comments, a true and correct copy of
which is attached hereto and marked Exhibit "A", and consisting of four pages, and by
this reference incorporated herein, with the additional requirements from the City
Council at their meeting of October 2, 2001, and the requirements are as follows, to-
wit:
1.1 The City Council's action from their October 2, 2001 meeting, shall be
the revision of number 2 on page 2 of the Recommendation presented
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-O 1-004)
- 4
to Council from Planning and Zoning, and which number 2 on page 2
shall now read as follows:
2. A new perimeter landscape plan (drawn to meet the requirements
of the Landscape Ordinance), to include the sizes and species of
the proposed and existing vegetation, must be submitted to the
Planning and Zoning staff for approval prior to signature on the
final plat. A detailed irrigation plan including performance
specifications shall be submitted as part of the required
landscaping plan.
1.2 The City Council's action from their October 2, 2001 meeting, shall be
the revision of number 4 on the top of page 3 of the Recommendation
presented to Council from Planning and Zoning, and which number 4
on the top of page 3 shall now read as follows:
4. A Certificate of Occupancy shall not be issued for any building
within the subdivision prior to the installation of the required
landscaping determined for each lot.
1.3 The City Council's action from their October 2, 2001 meeting, shall be
the revision of number 30 on page 6 of the Recommendation presented
to Council from Planning and Zoning, and which number 30 on page 6
shall now read as follows:
30. Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality; or if other means of pretreatment of
stormwater discharge is provided, then Applicant shall furnish to
the Public "V orks Department a copy of the proposed Operation
and Maintenance Manual, including a schedule of regular
maintenance for the drains. A commitment shall be required that
in the event the drains do not effectively work, either through
problems with design or maintenance, development of new plans
for a means to pretreat the stormwater discharge shall be
required.
2. The final plat upon which there is contained the Certification and signature of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP.O 1-004)
- 5
the City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer;
b. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been issued
guaranteeing the completion of off-site and required on-site
improvements; and
/'/-1"-
By action of the City Council at its regular meeting held on the ~ day of
[) c/v be1.--
,2001.
f) c=~ '
ERT D. CORRIE
or, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
By,-~~fi~.~
City Clerk i/ {/
Dated: I tJ.-/6-tJ/
Z:\Work\M\Meridian\Meridian 1 5360M\Treasure View Sub PFPOl.004\FinalPlatFfCls,doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT - TREASURE VIEW SUBDIVISION /
BY PINNACLE ENGINEERS, INC. (PFP-O 1-004)
- 6
A Gocx.i Pbce to Live
?*Z1'I1ee-L, .
S~~f 1j&d'
:Cte~~__!~.
Ron Anderson
Keith Bird
T:lInrny deWeerd
alerie McCandless
CITY OF l\1ERIDIAN
33 EAST IDAHO
rvIERlDIAN, IDAHO 83642
(208) 888-1433 . F A.,{ (208) 887--1813
Gty Oerk Office F:uc (208) 888-4218
QTY COUNOL "'CEMBERS
MEMORANDUM:
September 4, 2001
To; Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer ~
David McKinnon, Planner NA
Re: Request for PreliminarylFinal Plat Approval of the Proposed Treasure View
Subdivision~ a Three Lot Subdivision on 2.85 Acres in an L-O Zone~ Pinnacle
Engineers, Inc. (File No. PFP-OI-004).
Application Summary
Pinnacle Engineers, on behalf of Magic View Partners (Winston Moore), have made a request of
the Meridian Planning and Zoning Commission and City Council to approve a PreliminarylFinal
Plat composed of three lots on 2.85 acres ofland currently zoned L-O. The proposed subdivision
is located at the northeast corner of Allen Street and Magic View Drive, approximately 1000 feet
west of Eagle Road. The property is directly west of the Jackson's Texaco gas station.
There are no variances requested as part of this subdivision request, and all lots within the
requested subdivision will meet the minimum lot area and frontage requirements for property
zoned L-O. City water and sewer services are available to the subject properties. Allen Street is
already developed with curb gutter and sidewalk abutting the subject property.
The property currently has a single family residence located in the southeast comer of the
property. The home will be removed prior to the development of the property. The existing well
servicing the house will be relocated on the property and will be utilized for irrigation purposes
within the subdivision.
There are a number of large trees growing 'on the property that will remain on the property at this
time, but will more than likely be removed as the property is developed. As the property is
developed the developer will be responsible for the mitigation of any of the trees that must be
removed.
ReQuired Findings for Subdivisions
Sections 12-3-3 J.2. and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision the Commission/Council shall consider the objectives of this title and
at least the following:
~':.doc
Mayor, Council and P&Z
August 6,2001
Page 2
a. The conformance ofthe subdivision with the Comprehensive Development Plan;
Staff finds the subdivision is in conformance with the Comprehensive Plan.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are readily available to the lots within the proposed
subdivision, provided changes as may be required by the Public Works and Building
Departments are made.
c. The continuity of the proposed development with the capital improvement
program;
Staff fmds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public financial capability of supporting services for the proposed
development;
Staff fmds that the development will not require major expenditures for supporting
services.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff fmds that there will not be any other health, safety or environmental problems
associated with this subdivision that should be brought to the CouncilOr Commission's
attention.
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
SITE SPECIFIC COMivfENTS
1. Sanitary sewer and water service to this site shall be via existing and new service lines
from the existing mains in W. Magic View Drive and S. Allen Street.
2. The submitted landscaping plans are not approved. The submitted plans include
evergreen trees within the required street buffer. The Landscape Ordinance prohibits the
use of evergreen trees within required street buffers due to safety concerns. A new
landscape plan (drawn to meet the requirements of the Landscape Ordinance), to include
the sizes and species of the proposed and existing vegetation must be submitted to the
Planning And Zoning staff for approval prior to signature on the final plat. A detailed
irrigation plan including performance specifications shall be submitted as part of the
Treasure View PFP.Doc
u
Mayor, Council and P&l
August 6, 2001
Page 3
required landscaping plan. A letter of credit or cash in the amount of 110% will be
required for these improvements prior to signature on the final plat.
3. All of the required street buffer landscaping shall be installed prior to the issuance of a
Certificate of Occupancy for any lot within the subdivision and shall be bonded for prior
to signature on the Final Plat.
4. 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.
5. A Certificate of Occupancy shall not be issued for any building within the subdivision
prior to the installation of the required interior landscaping (determined by site).
6. All developments within the subdivision are subject to approval though the Conditional
Use Permit (CUP) process as Planned Developments. No development will be allowed
within the subdivision without a valid C~.
7. All parking shall be retained on-site for all buildings and businesses within the
subdivision.
8. All parking and areas of circulation on the three lots shall be paved, striped, and meet
minimum dimension requirements and number of stalls as per City Ordinance.
Handicapped parking must meet the standards of the Americans with Disabilities Act.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties" and City of Meridian standards and
policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
WelIs. This application proposes a common receiving pond for drainage water for the
entire site; therefore, a drainage operations and maintenance agreement must be executed
between all lot owners. The agreement must be reviewed and approved by the Public
Works Department, and a fully executed copy returned prior signature on the final plat.
10. Execute the Certificate of Owners and its accompanying Acknowledgement.
11. Assessment fees for water and sewer service are determined during the building plan
review process. In addition to these assessments, water and sewer "Late Comers" fees
will also be charged against this parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current points.
(II
1reasure View PFP.Doc
Mayor, Council and pt
August 6, 2001
Page 4
12. Graphically depict the "Cross Access Ingress/Egress Easement" between Lots 1 and 2,
and add a plat note detailing the use and purpose.
13. Graphically depict the portions of the proposed Public Utility, Drainage, and Irrigation
Easements that will also be used for the extension of sanitary sewer service and water
service lines to adjacent lots, and add a plat note detailing the use and purpose.
14. Please add or revise the following plat note(s):
(8.) The bottom elevation of structural footings shall be set a minimum of 12 inches
above the highest established normal ground water elevation.
GENERAL CO:M:MENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users associatio~ with written
confirmation of said approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Please submit a copy of the Ada County Street Name Committee's fma1 approval letter
for the subdivision name, lot and block numbering. Make any corrections necessary to
conform.
Recommendation
Staff recommends approval of this application with the above noted conditions.
u
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF COORS
DISTRIBUTING CO., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 4.24 ACRES, LOCATED AT
THE SOUTHEAST CORNER OF
EAGLE ROAD AND
COMMERCIAL COURT,
MERIDIAN, IDAHO
C/C 10-02-0 I
Case No. AZ-OI-OI3
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on October 2,2001, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and no one appeared in
opposition, and the City Council having duly considered the evidence and the record
Law, and Decision and Order:
in this matter therefore makes the following Findings of Fact and Conclusions of
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-01-013)
Page I
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for October 2, 2001, before the City Council, the first publication
appearing and written notice having been mailed to property QVvners 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 that 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 October 2,
2001, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 2
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 4.24 acres in size and is located at the
Southeast corner of Eagle Road and Commercial Court. The property is designated
as 3225 Commercial Court.
6. The owner of record of the subject property is the Coors Distributing
Company of Lakewood, Colorado.
7. Applicant is Coors Distributing Company of Meridian, Idaho.
8. The property is presently zoned by Ada County as M-1, and consists of
the Coors Distributing Company.
9. The Applicant requests the property be zoned as I-L.
10. The subject property is bordered to the north by Ada County zoned M-
1, to the south by the UPRR railroad tracks and R. C. Willey and to the east and west
by city zoning of I-L and L-O.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-OI3)
Page 3
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant requests zoning of the subject real property as I-L which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Light Industrial.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
15.1 Applicant shall not be required to enter into a Development Agreement
with the City as a condition of annexation.
15.2 All future development of this property shall be in conformance with
the most recently adopted Zoning Ordinance at the time of re-
development.
15.3 Landscaping shall be brought into conformance with the adopted
Landscape Ordinance, if the Applicant desires to add or do any
redevelopment of the parking lot in the future. This shall include
additional trees as required and an irrigation system if there is not one
provided on site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 4
15.4 A five foot sidewalk shall be required along Eagle Road upon
redevelopment beyond interior remodeling of the building existing at
the time of annexation.
15.5 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
15.6 Any existing domestic wells and/or septic systems within this project
shall 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.
15.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
15.8 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
15.9 Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
15.10 All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
15.1 I All (new) construction shall conform to the requirements of the
Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 5
Adopt the Recommendations of the Ada County Highway District as follows:
15.12 District policy would require the applicant to construct a 5~foot wide
concrete sidewalk on Eagle Road located 2-feet within the right-of-way.
Coordinate the location and elevation of the sidewalk with ITD staff.
15.13 District policy would require the applicant to construct a deceleration
lane along their frontage for north-bound traffic on Eagle Road to allow
ease of access and improve traffic flow. Coordinate the design of the
turn lane with ITD staff.
If the rezone is approved and the District receives a development proposal, the
District intends to provide the following requirements, in addition to any
additional requirements that may apply upon District review of future
development, to the City of Meridian,
15.14 Comply with requirements of ITD for Eagle Road frontage. Submit to
the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or
other required permits), whichever occurs first.
15.15 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
15.16 No access points to Eagle Road are proposed with this application and
the District recommends that none are approved.
16. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 15, and all
sub-parts, the economic welfare of the City and its residents and ta-'C and rate payers
will be protected.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-OI3)
Page 6
17. It is also found that the development considerations as referenced in
Finding No. 15 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18. It is found that the zoning of the subject real property as Light
Industrial District (I-L) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Light Industrial.
19. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
19.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 7
and the zoning ordinance of the City to all applications such as the
subject application.
19.2 This proposed new grovvth development will finance public service
expansion by the requirement herein that the applicant comply 'with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent with Meridian's self identity.
19.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self~sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
19.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
19.6 Compatible and efficient use oEland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
20. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-01~013)
Page 8
Idaho Code Section 50-222. The Meridian City Code 9 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 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the ldnd of economic growth and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 9
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use ofland through
the use of innovative and functional site design.
4.9 To encourage a balance oEland use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The zoning of Light Industrial District (I-L) is defined in the
Zoning Ordinance at 8 11-7-2 N as follows:
(I-L) Light Industrial District: The purpose of the I-L Light Industrial District
is to provide for light industrial development and opportunities for employment
of Meridian citizens and area residents and reduce the need to commute to
neighboring cities; to encourage the development of manufacturing and wholesale
establishments which are clean, quiet and free of hazardous of objectionable
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 10
elements, such as noise, odor, dust, smoke or glare and that are operated entirely
or almost entirely within enclosed structures; to delineate areas best suited for
industrial development because of location, topography, existing facilities and
relationship to other land uses. This District must also be in such proximity to
ensure connection to the Municipal water and sewer systems of the City. Uses
incompatible with light industry are not permitted, and strip development is
prohibited.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a church and
multi-purpose facility.
7. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-01-013)
Page 11
of the zoning, that an owner or developer make a vvritten commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent ovvner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 4.24
acres to Light Industrial District (I-L) is granted subject to the terms and conditions of
this Order hereinafter stated.
2. The application is for annexation and zoning of 4.24 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. That the annexation and zoning of the subject property is subject to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 12
following conditions which shall govern Administrative Staff review and approval of
development permits required for the development of this property, as follows, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1 Applicant shall not be required to enter into a Development Agreement
with the City as a condition of annexation.
3.2 All future development of this property shall be in conformance with
the most recently adopted Zoning Ordinance at the time of re-
development.
3.3 Landscaping shall be brought into conformance 'with the adopted
Landscape Ordinance, if the Applicant desires to add or do any
redevelopment of the parking lot in the future. This shall include
additional trees as required and an irrigation system if there is not one
provided on site.
3.4 A five foot sidewalk shall be required along Eagle Road upon
redevelopment beyond interior remodeling of the building existing at
the time of annexation.
3.5 All irrigation ditches, laterals or canals, exclusive of natural watelways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
3.6 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
3.7 Outside lighting shall be designed and placed so as not to direct
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 13
illumination on any nearby residential areas in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
3.8 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
3.9 Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property,
3.10 All signage shall be in accordance 'with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporalY signage, flags, banners or flashing signs shall be permitted.
3.11 All (new) construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
3.12 District policy would require the applicant to construct a 5-foot wide
concrete sidewalk on Eagle Road located 2-feet within the right-of-way.
Coordinate the location and elevation of the sidewalk with ITD staff.
3.13 District policy would require the applicant to construct a deceleration
lane along their frontage for north-bound traffic on Eagle Road to allow
ease of access and improve traffic flow. Coordinate the design of the
turn lane with ITD staff.
If the rezone is approved and the District receives a development proposal, the
District intends to provide the following requirements, in addition to any
additional requirem,ents that may apply upon District review of future
development, to the City of Meridian.
3.14 Comply with requirements of ITD for Eagle Road frontage. Submit to
the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building penuit (or
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-OI-013)
Page 14
other required permits), whichever occurs first.
3.15 Any existing irrigation facilities shall be relocated outside of the right-of-
way.
3.16 No access points to Eagle Road are proposed with this application and
the District recommends that none are approved.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (I-L) Light Industrial District, and Meridian
City Code 8 11-7-2 N.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code 8 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
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 867-6521 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.
FINDINGS OF FACT AND CONCLUSIONS OF IA W -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-01-013)
Page 15
of
6' c fo O-err-
, 2001.
By action of the City Council at its regular meeting held on the / G ~ day
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /0-/6 -or
MOTION: ~~
APPROVED:~ DISAPPROVED:_
VOTED a6~
VOTED $CZ-
VOTED$6<.-
VOTED~
VOTED_
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
ByJ~ p;fe~}j'. 9-
City Clerk. t/
Dated: /C~--lh-tJ I
Z:\ W ork\M\Meridi:m\Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY COORS
DISTRIBUTING COMPANY / (AZ-01-013)
Page 16
October 12, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT ~ A b \ I r \ ,L)oflLr
October 16, 2001
REQUEST Sewer Latecomers Agreement (Vienna Woods Subdivision) with Peterson's
ITEM NO.
Y - A -~
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A TIORNEY
CITY POLlCE OEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
vZ/
, . y;rD
tGrr )/0
Contacted:
Date:
Phone:
Mcderlals presented at public meetings shall become property of the City of Meridian.
SEWER LATECOMERS AGREEMENT
VIENNA WOODS SUBDIVISION
This Agreement made and entered into this _ day of
2001, by and between L.
MARVIN PETERSON AND JEAN H. PETERSON FAMILY LIMITED PARTNERSHIP, an
Idaho Limited partnership, and W.L. PETERSON FAMILY LIMITED PARTNERSHIP, an
Idaho Limited partnership, hereafter jointly referred to as IlDeveloper", and the CITY OF
MERIDIAN, hereafter referred to as ttCity"
WIT N E SSE T H:
WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and
construction referred to herein, such area was not provided sewer service by the City; and
WHEREAS, the Developer constructed a sewer line north of McMillan Road and
east of Locust Grove Road, as shown in "Exhibit A", which sewer line will be able to provide
service east and west of Locust Grove Road, and north and south of McMillan Road to the land
shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in
full; that the Total Service Area is approximately 149.27 acres, ofwrnch the Developer's Area is
approximately 80 acres or 53.6% of the Total Service Area as shown in Exhibit "A" which is
SEWER LATE CO:MERS AGREEMENT
Page - 1 of8
attached hereto and by this reference incorporated as if set forth in full.; and
WHEREAS, the sewer line constructed by the Developer will benefit land other than only the
land developed by Developer; that the land that can be served by the said sewer line is shown in
Exhibit "All, which is attached hereto and by this reference incorporated herein as if set forth in full;
that the developable land that can be served by the sewer line totals approximately 149.27 acres; that
the existing developed areas that eventually contribute sewage to the facilities constructed by the City
will be subject to the latecomer fees described herein; that 50% of the land not included in the
Developer;s subdivision would be developed in ten years, the tenn that a late comers Agreement is
allowed to run, and
WHEREAS, the total cost of constructing the said sewer line borne by the Developer was
$27,363.12; whereas the sewer line will benefit Vienna Woods Subdivision which contains 80 acres, or
53.6% of the total area to be benefited by the construction of the sewer line; therefore the cost to
Developer to construct the sewer to his OVlT1 subdivision would be $14,664.76; that by subtracting this
amount as the total Developer's cost share, the total cost to all late comers is $12,698.35; and then
dividing by 50% of the remaining number of acres that could be served by the sewer line, there should
be a late comers fee of$366.62, plus interest, per acre as shown in Exhibit "B"; and
WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into
sewer line extension and reimbursement agreements and that section further provides that sewer users
who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter
sewer line equivalency fee; said fees are in addition to the connection and user charges normally
assessed a user due to the fact the user has not contributed to the cost of the extended line; the above
SEWER LATE COMERS AGREEMENT
Page - 2 of8
fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late
comers fee may be used to reimburse the person or persons so extending the sewer line(s).
WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to
charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise
paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line,
whether that construction has been performed by the City, a local improvement district or a private
entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall
be required to pay an additional connection charge which shall be known and referred to as the I!Sewer
Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
I. The above recitals are contractual and are incorporated herein as if set forth in full.
2. That the Developer has paid for engineering, planning and construction of the sewer
line shown in Exhibit I!A", and which will benefit the land also shown in Exhibit "A".
3. The Developer has contributed $27,363.12 to total construction costs of the above
sewer line, of which Developer is entitled to be reimbursed the sum of$12,698.35 plus interest, which
represents land that could be served by the sewer line but is not included in Developer's subdivision.
4. That for all land in Exhibit itA" subsequently connecting to the sewer line referred to in
Exhibit "All, except the land in Vienna Woods Subdivision, the City will charge the sum of $366.62
plus interest, per acre as shown in Exhibit "B"; such users shall hereafter be referred to as ItLATE
COMERS'\ that the charge is the sewer construction equivalency fee authorized in 9-4-L8 and
established by this Agreement, which fee shall herein be referred to as ItLATE COMERS FEE"; the fee
SEWER LATE COMERS AGREEMENT
Page - 3 of8
is in addition to any other sewer charges for connection to the sewer system; the computation of the
Late Comers Fee is shown on Exhibit "B" attached hereto and by this reference incorporated herein.
5, That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "VIENNA WOODS SEWER
REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 4% to be accrued on the
unpaid balance once a year at the City's Fiscal Year End, 9/30 each year for the tenn of the agreement,
and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which \ViII go into the VIENNA WOODS SEWER
REIMBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table I
of Exhibit "B".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in
Vienna Woods Subdivision,
8. That the City shall charge the VIENNA WOODS SEWER REIMBURSEMENT
ACCOUNT the 10% administrative charge as authorized under 9A-19.
9. That the City shall have prepared on an annual basis an audit of all funds collected
pursuant to this Agreement, which audit shall coincide \Vith the general audit of the City; that the cost
of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense,
11 The term of this Agreement shall be until Developer has been reimbursed the principal
SEWER LATE COMERS AGREEMENT
Page - 4 of8
sum of$12,698,35, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if
this is not achieved, for a period of ten (10) years or, until such time the sewer described herein is
abandoned. If the Developer has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then this
agreement shall have a ten year life span,
SEWER LATE COMERS AGREEMENT
Page - 5 of8
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this _ day of
,2001.
BY:
CITY OF MERIDIAN
ROBERT D. CORRIE, MAYOR
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Approved By City Council:
ST ATE OF IDAHO,)
: ss.
County of Ada, )
On this _ day of ,2001, before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT D. CORRIE and WlLLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the
within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same.
IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COMMISSION EXPlRES
SEWER LATE COMERS AGREEMENT Page - 6 of 8
L. MARVIN PEillRSON AND JEAN H. PEillRSON FAMIL Y LTM~ERSHIP
(corporate seal) . 1, D
BY'~~ "l-tv~
L. Marvin Peterson, General Partner
By
STATE OF IDAHO,)
: ss.
County of Ada, )
On this.d- day of D~, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared L. MARVIN PETERSON and JEAN H. PETERSON, known to
me to be the General Partners of L. MARVIN PETERSON AND JEAN H. PETERSON
FAMILY LIMITED PARTNERSHIP, and who executed the within instrument on behalf of said
limited partnership, and acknowledged to me that said limited partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
i~:::;~~~~\
\~~,;:L:'...~:J
~/~~:,~F.:l:~~%~~
N$tfRID~O
RESIDING AT ~ n:4 Ci
MY COM1v1ISSIO EXPIRES :2.-tf -03
SEWER LATE CO!vfERS AGREEMENT
Page - 7 of8
W.L. PETERSON FAMILY LIMITED PARTNERSHIP
(corporate seal)
By
STATE OF IDAHO,)
: 5S.
County of Ada, )
On this ~ day of Or 1-0 he..,...-, 200 I, before me, the undersigned, a Notary Public in and
for said State, personally appeared WAYNE L. PETERSON, known to me to be the General Partner
of W.L. PETERSON FAMILY LIMITED PARTNERSHIP, and who executed the within
instrument on behalf of said limited partnership, and acknowledged to me that said limited partnership
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
~t~\:~I.:I~qZ'1;'%
(~r;:~.:~
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1111111111 rH\I\\\\\\
NOT~RID1i:-
RESIDING AT ~ D
MY COMMISSION E IRES ,2-/f-CJ3
SEWER LATE COMERS AGREEMENT
Page - 80f8
VIEf"l\JA WOODS SUBD,'/ISION
12-INCH GKAVITY SEWER SEr{VICE AREA
Exhibit A
12-INCH
GRAVITY SEWER
SERVICE AREA
(158 AS., GROSS)
LEGEND
A
. SERVICE AREA
(:::1
<[
D
0::::
W
--.J
L:J
<[
W
"EXHIBIT B"
VIENNA WOODS
GRAVITY SEWER LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area = Gross Area - Existing Road/Street Right-Of-Way
EXISTING ROADI STREET RIGHT-OF- WA Y (RI W)
Locust Grove Road RjW
96 feet wide by 3960 long =
8.73 acres
Total
Total Service Area = 158.00 Gross Acres
-8.73 R/W =
149.27 acres
Latecomers Area = Total Service Area - Developer's Area
%OF
ACREAGE TOTAL
TOTAL SERVICE AREA: I 149.27 100.01
%OF
ACREAGE TOTAL
DEVELOPER'S AREA: I 80.00 53.61
%OF
ACREAGE TOTAL
LATE COMER'S AREA I 69.27 46.41
Page 1
8.73
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION:
$
27,363.12 Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
53.6% x $ 27,363.12 $14,664.76
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIPJBURSEMENT:
Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 46.4%
46.4% x $ 27,363.12
$12,698.35
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Service Area = Late Comer Fee per Acre)
$ 12,698.35 $183.31
69.27
REIMBURSEMENT BASIS:
Assume payback period of ten years and an overall growth rate of 50%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per acre ;:::
$183.31
~
$
366.62
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the sewer line. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject sewer line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 4%
The latecomer fees shall be:
Effective Date Latecomer Fee per Acre
October 1, 2001 $ 366.62
October 1, 2002 $ 381.28
October 1, 2003 $ 396.54
October 1,2004 $ 412.40
October 1, 2005 $ 428.89
October I, 2006 $ 446.05
October 1, 2007 $ 463.89
October 1, 2008 $ 482.45
October 1,2009 $ 501. 74
October 1 2010 $ 521.81
Table I
Page 2
208 938 5873
P. 02/02
Land Consultants Ine..
52 N. 2ND Street · Eagle Idaho 83616 · Office 208.938.3812 . Fax 208.938-5873
October 15, 2001
Honorable Mayor and City Council
City ofMeridi3n
33 East Idaho Street
Meridian, Idaho 83642
OCT 1 2001
CITY OF MERIDIAN
RE: Vienna Woods Sewer Latecomers Agreement
Dear Mayor and Council;
It is our understanding that the Vienna Woods Subdivision Sewer Latecomers Agreement is being
discussed at tonight's City Council Meeting (Item 4.A2 Public Works Department Report). It is at
the request of my client, Mr. Jim Jewett. developer for Westborough Subdivision, to be included in
lhe discussion this evening. As we have recently been made aware, Mr. Jewett's property on the
southwest comer of Locust Grove Road and Chin den Boulevard is being included in this Latecomers
Agreement area.
Further, a request made by me for my client regarding sewer service to said property was submitted to
the Mayor's office last week and the status of that request is still pending. I would still like to have
that issue brought before the City Council. ifnot tonight, than as soon as possible.
Thank you for your time. If you should have any further questions, please do not hesitate to contact
me at 938-3812.
Sincerely,
~-1~
Shawn L. Nickel
Representing Jim Jewett
cc: Will Berg, Meridian City Clerk
Board of Ada County Commissioners
Scott Cook) Ada County Development Services
OCT 16 ' 01 15: 59
208 938 587~
TOTAL P. 02
208 '338 5873 P. 01/02
52 N. 2nd Street
Eagle, Idaho 83616
Office - 208~938-3812
Fax - 208-938-5873
Email: shavm@1andconsultants.net
Land Consultants Inc.
To: Will Berg - City Clerk
From: SHAWN L. NICKEL
Fax:. 888-4218
Pages: 1 Oncluding cover sheet)
Phone:
Date: 10/16/01
He:
X Urgent
X For Review 0 Pleage Comment 0 Please Reply 0 Plsase Recycle
OCT 16 '01 15: 58
** TX CONFI Rih,. . iON REPORT **
AS OF OCT 16 '01 16:22 PAGE. 01
CITY OF MER] D]AN
DATE T I ME TO"FROM MODE M I N/SEC PGS CMDI:l STATUS
----=~--_:~~:~_:~~=:_~~~=~~-~~~~:_---------~~===---~~~:=~-~~:_----=:~----~~-----------------
Land Consultants Inc.
52 N. 2ND Street · Eagle Idaho 83616 · Office 208.938.3812 . Fax208.938-5873
October 15, 2001
Honorable Mayor and City Council
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
OCT 1 6 2001
CITY OF MERIDIAN
RE: Vienna Woods Sewer Latecoblers Agreement
Dear Mayor and Council;
It is our Wlderstanding that the Vienna Woods Subdivision Sewer Laletomers Agreemem is being
disoUSSed at tonight's City Council Meeting Otero 4.A.2 Public Works Department Report). It is at
the request of my client, Mr. Jim Jewett, developer for Westborougb Subdivision, to be included in
Ihe discUssion this evening. As we have recently been made aware, Mr. Jewett's property on the
southwest comer of Locust Grove Road and Chindm Boulevard is being included in this latecomers
Agreement area.
Further, a request made by me for my client regarding sewer service to said property was submined to
the Mayor's office last week and the status of that request is still pending. I would still like to have
that issue brought before the City Council, if not tonight, than as soon as possible.
Thank you for your time. Tfyou should have any further questions, please do not hesitate to contact
me at 938-38) 2.
Sincerely,
~-;/~
Shawn L. Nieke)
Representing Jim Jewett
Will Berg, Meridian City Clerk
Board of Ada County Commissioners
Scott Cook, Ada County Development Services
OCT 16 '01 15:59
208 938 5873
TOTFll P. 02
PAGE. 02