HomeMy WebLinkAbout2005-05-24
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Revised 5..24-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 24,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
X Shaun Wardle
X Charlie Rountree
X
o Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance and Posting of Colors by the American Legion:
3. Community Invocation by Joe Anderson, with Cole Community
Church: Presented
4. Adoption of the Agenda: Approve
5. Consent Agenda: Approve
A. Approve Minutes of April 19, 2005 Pre-Council Meeting: Approve
B. Approve Minutes of April 26, 2005 City Council Special Meeting:
Approve
c. Approve Minutes of April 26, 2005 City Council Regular Meeting:
Approve
D. Approve Minutes of May 3, 2005 City Council Regular Meeting:
Approve
E.
Resolution No. 05-474
Areas & Citv~Wide Initiatives:
: Adoption of Strateaic Focus
Approve
F. Water Main Easement for Mountain View Business Center:
Approve
G. Sanitary Sewer Easement and Contract for North Slouah Trunk
Line Proiect: Approve
6. Department Reports:
Meridian City Council Agenda - May 24.2005 Page 1 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 Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
Revised 5-24-05
A. Mayor's Office
1. Proclamation: American Legion Poppy Day - May 28, 2005:
Presented
B. Attorney's Office - Bill Nary
1. Boise City Prosecution Presentation: Presented
c. Park's Department - Doug Strong
1. Namina of Park Located in Champion Subdivision:
Approve for Champion Neighborhood Park
7. Items Moved from Consent Agenda:
8. Tabled from May 17, 2005: FP 05-031 Request for Final Plat of 98
single-family residential building lots and 26 common area lots on 1 9
acres for Hacienda Subdivision by Doug Jayo - south of Chinden
Boulevard and east of North Meridian Road: Approve
9. RP 05-002 Request for a parcel boundary adjustment to create one (1)
48.14 acre parcel and one (1) 13.49 acre parcel in an approved C-G zone
for Ten Mile Development by Elixir Industriesf Inc. - 725 North Eagle
Road and 300-1 East Commercial Court: Approve
t'Although the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter~ 11
10. Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from J-L to
C-G zone for Jackson's Food Store by Jacksons Food Store, Inc. -
southeast corner of North Eagle Road and East Pine Avenue: Approve
Findings of Fact and Conclusions of Law for Approval
11. Public Hearing: CUP 05--012 Request for a Conditional Use Permit to
allow the operation of a new carwash and convenience store in a
proposed C-G zone for Jackson's Food Store by Jacksons Food Store,
Inc. - southeast corner of North Eagle Road and East Pine Avenue:
Approve Findings of Fact and Conclusions of Law for Approval
12. Public Hearing: AZ 05..011 Request for Annexation and Zoning of 6.26
acres from RUT to R-B zone for Lvndhurst Grove Subdivision by
Highland Development, LLC - 2820 West Pine Avenue: Approve
Findings of Fact and Conclusions of Law for Approval
Meridian City Council Agenda - May 24,2005 Page 2 of 3
All materials presented at pubric meetings shall become property of the City of Meridian.
AnYOne deSiring accommodation for disabilities related to documents and/or hearingS
Please contact the City Clerk1s Office at 888-4433 at least 48 hours prior to the PUbliC meetjng,
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Revised 5-24-05
13~ Public Hearing: PP 05-013 Request for Preliminary Plat approval of 36
building lots and 5 common lots on 6~26 acres in a proposed R-B zone for
Lvndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue: Approve Findings of Fact and Conclusions of Law
for Approval
14. Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a
Planned Development for single-family detached residential units and
single-family attached residential units in a proposed R-B zone for
Lvndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue: Approve Findings of Fact and Conclusions of Law
for Approval
15. Public Hearing: MI 05-004 Request for a Miscellaneous application to
modify a condition in the Development Agreement for Sommersbv
Subdivision by Confluence Management, LLC - NEe of Ten Mile Road
and Pine Avenue: Approve
Meridian City Council Agenda - May 24,2005 Page 3 of 3
All materials presented at pubric meetings shall become property of the City of Meridian.
AnYOne deSiring accommodation for disabilities related to documents and/or hearingS
Please contact the City Clerkts Office at 888-4433 at least 48 hours prior to the PUbliC meeting.
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Revised 5-24-05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 24,2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
)(
~~
Shaun Wardle
Charlie Rountree
X
o Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance and Posting of Colors by the American Legion:
3. Community Invocation by Joe Anderson, with Cole Community
Church:
4. Adoption of the Agenda: Aw(ovc:
5. Consent Agenda: ~t(*OVc:"
A.
Approve Minutes of April 19, 2005 Pre-Council Meeting:
r"O\l G
B. Approve Minutes of April 26,2005 City Council Special Meeting: oVC'
C. Approve Minutes of April 26,2005 City Council Regular Meeting: ~p(oIe--..
D. Approve Minutes of May 3, 2005 City Council Regular Meeting: Pf'f:X(o....{-(.
E. Resolution No. CO · 414 : Adoption of Strateqic
Focus Areas & CitY-Wide Initiatives: f1DpfOYC.
F. Water Main Easement for Mountain View Business Center: App rO V{.J
GII Sanitary Sewer Easement and Contract for North Slouah Trunk
Line Proiect: ." '(v
61l Department Reports:
A. Mayor's Office
1. Proclamation: American Legion Poppy Day - May 28, 2005 "P(e~{\l'v~il
Meridian City Council Agenda - May 24,2005 Page 1 of 3
An materiafs presented at public meetings shalJ become property of the City of Meridian.
AnYOne deSiring accommodation for disabilities related to documents and/or hearingS
pfease contact the Cjty CferkJs Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
(......
-. . .
Revised 5-24-05
B. Attorney's Office - Bill Nary
1.. Boise City Prosecution Presentation:
c. Park's Department - Doug Strong
Namina of Park Located in Champion Subdivision: ~rG~ +tJ
ehaMJJtQrl tvCiSh.bq heOd \-'~
Items Moved from Consent Agenda:
1.
7.
8.
Tabled from May 17, 2005: FP 05-031 Request for Final Plat of 98
single-family residential building lots and 26 common area lots on 19
acres for Hacienda Subdivision by Doug Jayo - south of Chinden
Boulevard and east of North Meridian Road: ~rO~
RP 05-002 Request for a parcel boundary adjustment to create one (1)
48. 14 acre pa reel and one (1) 13.49 acre parcel in an approved C-G zone
for Ten Mile Development by Elixir Ind~stries, Inc. - 725 North Eagle
Road and 3001 East Commercial Court:
9.
'~/though the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter~ J1
10. Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from I-L to
C-G zone for Jackson's Food Store by Jacksons Food Storef Inc. -
southeast cornj:}r of North Eqgle Road and East Pine Avenue: AppiL'vL
R (let ( () X? tor APorovO.X
11. Public Hearing: CUP 05-012 Request for a Conditional Use Permit to
allow the operation of a new carwash and convenience store in a
proposed C-G zone for Jackson's Food Store by Jacksons Food Store,
Inc. - SQuthtt{lst corner,~ ~orth Eagle Road and East Pine Avenue: 1Tp(XGV'---
Rod \n ~(Prp(>V1JVCAA
12. Public earing: AZ 05-011 Request for Annexation and Zoning of 6.26
acres from RUT to R-B zone for Lvndhurst Grove Subdivision by
Highland Development, LLC - 2820 West Pine Avenue: kwrd~ \-IVldlVLt_
Ftr lWp ((}\fLU ~
13. Public Hearing: PP 05-013 Request for Preliminary Plat approval of 36
building lots and 5 common lots on 6.26 acres in a proposed R-8 zone for
Lvndhurst Grove Subdivision by Highland Developmentf LLC - 2820
West Pine Avenue: .1\-yprd{~ 11 ~d (n ~ Pur A1?ptOv<1f
14. Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a
Planned Development for single-family detached residential units and
single-family attached residential units in a proposed R-8 zone for
Meridian City CounciJ Agenda - May 24,2005 Page 2 of 3
AU materials presented at public meetings shaH become property of the City of Meridian.
AnYOne deSiring accommodation for disabmties rerated to documents and/or hearingS
Please contact the City Clerk'S Office at 888-4433 at least 48 hours prior to the pubric meeting.
( . .
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Revised 5-24-05
L ndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue: ' rove- Flf'd ~1Y\p Fo ," J4p~
15. Public Hearing: MI 05-004 Request for a Miscellaneous application to
modify a condition in the Development Agreement for Sommersbv
Subdivision by Confluence Management, LLC - NEe of Ten Mile Road
and Pine Avenue: ve....
Meridian City Council Agenda - May 24, 2005 Page 3 of 3
AU materials presented at public meetings shan become property of the City of Meridian.
AnYOne deSiring accommodation for diSabilitieS related to documents and/or hearingS
Please contact the City ClerkJs Office at 888-4433 at reast 48 hours prior to the PUbliC meeting.
(.......:.
June 17,2005
MERIDIAN CITY COUNCil MEETING
APPLICANT
June 21 t 2005
ITEM NO.
5-A
REQUEST Approve Minutes of May 24,2005 City Council Regular Meeting
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
If;
y--fJV~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public mea"ngs shall become property of the City of Meridian..
Meridian City Council Meetina
Mav 24,2005.
The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,
Tuesday, May 24f 2005, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, and Charlie
Rountree.
Members Absent: Christine Donnell.
Others Present: Ted Baird, Tara Green, Anna Canning, Brad Watson, Bill Musser, Ron
Anderson, Len Grady, Doug Strong, and Dean Willis.
Item 1:
Roll-call Attendance:
Roll call.
x
X
Shaun Wardle
Charlie Rountree
X
Christine Donnell
X Keith Bird
Mayor Tammy de Weerd
De Weerd: I will go ahead and call the regular City Council meeting to order. It is May
24th at 7:00 orclock. Welcome all. In particular, lid like to welcome our American
Legion, who will be posting our flag. But first we will start with roll call attendance. Mrs.
G ree n.
Item 2:
Pledge of Allegiance and Posting of Colors by the American Legion:
De Weerd: Thank you~ Item No.2 is the pledge of allegiance and posting colors. If you
willJ please, all rise.
(Pledge of Allegiance recited.)
De Weerd: Thank you. We were also led in the pledge by Boy Scout Daniel Parkinson
and he is from the LOS Troop 165. Thank you for joining us tonight. Nice to see youf
Eric.
Item 3:
Community Invocation by Councilman Keith Bird:
De Weerd: Okay~ Item 3 is our community invocation. We will be led tonight by Joe
Anderson~ Is Joe here? Well, since ifs an executive privilege when I get to run the
meeting, I will ask Councilman Bird to lead us in the invocation.
Bird: Thank you, Mayor. Father, we come before you tonight, gracious for the
community you have bestowed upon us. We appreciate everything you have done for
the community. We are so blessed to live in the country that we live in. Watch over all
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Meridian City Counci I
May 24 t 2005
Page 2 of 30
the soldiers that are fighting to keep our freedom for us and watch over this community
as we go forward and help us to make the right decisions. This I pray in Jesus. name,
amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Councilman Bird. You think quick on your feet. Okay. Item 4 is
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: ML Bird.
Bird: I would move that we approve the revised agenda that is published.
Rountree: Second.
De Weerd: Okay. The motion is to approve the agenda as published. All those in favor
say aye. All ayes. Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 5:
Consent Agenda:
A. Approve Minutes of April 19, 2005 Pre-Council Meeting:
B. Approve Minutes of April 26, 2005 City Council Special Meeting:
c. Approve Minutes of April 26, 2005 City Council Regular Meeting:
D. Approve Minutes of May 3, 2005 City Council Regular Meeting:
E. Resolution No. 05-474 : Adoption of Strateaic Focus
Areas & City-Wide Initiatives:
F. Water Main Easement for Mountain View Business Center:
G. Sanitary Sewer Easement and Contract for North Slouqh Trunk
Line Proiect:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
c..
(...:.....:
Meridian City Cou nci I
May 24, 2005
Page 3 of 30
Bird: I move that we approve the Consent Agenda, which includes Item E, Resolution
No. 05-474 and for the Mayor to sign and the clerk to attest -- the assistant clerk to
attest on all proper papers.
Rountree: Second.
De Weerd: Okay. The motion is to approve the Consent Agenda with the additional
number for Resolution 05-474. Mrs~ Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT~
Item 6:
Department Reports:
A. Mayor's Office
1. Proclamation: American Legion Poppy Day - May 28,
2005
De Weerd: Thank you. Okay. Item 6 under the Mayor's Office. I'm very proud to be
able to present the proclamation for our American Legion Poppy Day. If you could,
please, join us here in front. I would like to present this to you~ I will go ahead and read
the proclamation and, then, present it to you. Whereas the members of the American
Legion Auxiliary are asking everyone to wear a poppy in obseNation of Memorial Day
and whereas in the battlefields of Belgium during World War I poppies grew wild amid
the ravages of war, the overturned soil of battle enabled the poppy seeds to be covered,
allowing them to grow and forever serve as a reminder of the bloodshed of war. And
whereas the poppy honors the hospitalized and disabled veterans who make these red
handicraft flowers, providing financial and therapeutic benefits and whereas the
displaying of the poppy honors the millions of Americans who have willingly served and
are currently serving our nation, as well as all too many who have made the ultimate
sacrifice. Therefore} I, Tammy de Weerd, Mayor of the City of Meridian, do hereby
proclaim Saturday, May 28th, 2005, as American Legion Poppy Day, in recognition of
the sacrifices of our veterans and those serving our country today by honoring these
brave men and women.
Veteran: Back during World War lover in France there was a poem written called In
Flanders Fields by Lieutenant Colonel John McCrae. In Flanders Fields the poppies
blow between the crosses row on row, that mark our place and in the sky, the larks still
bravely singing, fly, scarce heard amid the guns below. We are the dead. Short days
ago we lived, felt dawn, saw sunset glow, loved and were loved, and now we lie in
Flanders Fields. Take up our quarrel with the foe, to you from failing hands we throw
the torch, be yours to hold it high. If ye break faith with us who die, we shall not sleep,
though poppies grow in Flanders Fields. In response to this America answered.
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Meridian City Council
May 24. 2005
Page 4 of 30
Veteran: Rest ye in peace, you Flanders dead, the fight that ye bravely led. We've
taken up and we will keep the faith with you who lie asleep. With each a cross to mark
his dead in Flanders Field~ Fear not that ye have died for naught, the torch ye threw to
us we caught. Ten million hands will hold it high and freedomls light shall never die.
We've learned the Jesson that you taught in Flanders Field.
De Weerd: Thank you. Thank you for joining USa Our American legion were also our
brightest stars and in the organization category. They do a lot in our community. We
appreciate you joining us. Thank you.
B. Attorney's Office - Bill Nary
1. Boise City Prosecution Presentation:
De Weerd: Okay. Item 16-8, the attorney's office. J will have Ted introduce our guests.
Baird: Thank you, Madam Mayor, Members of the CounciL As you1re all aware, the
prosecution services for misdemeanors in the City of Meridian are handled by the Boise
City Attorney's office under contract and they recently set up a letter outlining their fee
proposal, should you determine that you want to extend that contract for the next year.
And they are here tonight to give some background on services that they provide and
maybe some additional detail about some of the increases in the fees that you will be
seeing. So, I will introduce the Boise City Attorney Cary Colaianni and I'll let him take it
from there.
De Weerd: Thank you. -
Colaianni: Thank you, Madam Mayor and Council Members, for this opportunity to
present our proposal for the Meridian city contract. Before we get started I'd like to take
this opportunity to introduce some of the staff who work closely on the Meridian
contract, beginning with my chief deputy Steve Rutherford. You can wave or stand.
That would be great. My public safety division manager Alison Tate. Your Meridian
police attorney Jodi Nafzger. The victim witness unit supervisor, Tina Perkins. And my
executive assistant Doreen Queen. As you can see, 11m very proud of my office and
certainly these people, so -- and when you listen to the presentation tonight, I guess you
will get an opportunity to see why I'm so proud. They are a talented bunch of folks. We
are very excited about the opportunity to bid again for this contract. We believe it's
been a valuable contact for both of our cities. We are able to realize additional
resources and the City of Meridian receives high quality legal services and you will see
that in detail and also we will be talking about the increases that you have all seen and
get some of the details, so you can better understand where we are in terms of handling
the contract. And with that lid like to turn the presentation over to my chief deputy Steve
Rutherford.
Rutherford: Good evening. It's a pleasure to be before you tonight. Really, what we
have tried to do is bring the folks that really are the faces that your police department
Meridian City Council
May 24 t 2005
Page 5 of 30
sees and that your legal staff works with on a regular basis~ If we could get the next
slide? Thank you~ In an overview, we provide -- the city's attorney office in Boise
provides you with a number of things. We prosecute at the Ada County Courthouse the
misdemeanors generated by your officers, the infractions, speeding tickets and what
have you, by your officers, in addition to code enforcement cases by your code
enforcement officers. We advise the police department and provide them training. In
fact, we just came off of a couple straight days of training. We provide victim witness
services. And there is also an option that your officers have available to them in the
field, which is, basically, a victim witness call out, should that be necessary~ One more.
Thanks. What really makes this valuable for the city of Boise, but more for the City of
Meridian, are the resources that we provide. And, to tell you the truth, digging back a
little ways, one of the reasons that I left White Peterson when I did, when I was acting
as the Meridian city prosecutor at the time, is because it was difficult to do a good job of
prosecuting cases when I didnrt have the resources. And that wasn1t the City of
Meridianls fault, it wasn't even the firm's fault that I was working with, ifs just -- it's just
the way a public law office works. We have in Meridian -- or in Boise the ability to have
a computer network that has all of our prosecutors, along with our law enforcement
officers, along with your law enforcement officers, connected bye-maiL We have
access to the computer system that effectively drives the court system, which is an AF
400~ It tells us what cases are pending at anyone time, what matters are pending at
anyone time, what judge is assigned~ And so it's really important to have that particular
information as well. Each of our attorneys, of course, has -- and staff, for that matter,
has a desktop computer.. We upgrade those on a four-year cycle. It's important that we
stay up -- up to speed with technology. We provide our on-site attorneys, attorneys who
travel -- Alison and Jodi! we provide them with laptops and those laptops are hooked up
to the network and in most cases wireless, so that if they need to hook up to the
network that I have been talking about in the AF 400, they can do so almost anywhere.
We are hooked up by way of computer with all of our support staff~ We have got the
latest in software by way of Microsoft Office and Word. It allows us to generate using
the forms that we have created over the years, the stuff we need when we go into court
to handle one of your -- one of your cases. We have got an automated file
management system, so that when I need to know what's happening with a Meridian
case, when I need to know what a specific defendant has, when I need to pull .all the
cases for a specific defendant, it's as easy as me getting into that data base and finding
out. I could pull every Meridian case up on a computer in a matter of minutes~ And so
it's important to have that information -- that automation available~ It just makes it so
much more efficjent~ Again, the AF 400 -- and in addition to the NCIC data base, which
let's us dig more deeply than the county -- just Ada County into a defendanfs criminal
history. Ifs important that when we prosecute your cases, your police officerls work is
rewarded or followed up on with an appropriate sentence and that sentence is only as
good as the information the prosecutor has in the courtroom. We have got access to
NCICt which pulls from all 50 states. So, we can find out a defendantls criminal history
at the touch of a button. Again, we got the electronic research tools by way of Westlaw
and the internet. All of our attorneys and paralegals are hooked up to that, so that when
motion hearings happen, when appeals happen -- and they do -- that we have the
appropriate tools, so that an attorney doesn1t have to go crawl in the books again. Itls
Meridian City Coun cil
May 241 2005
Page 6 of 30
an efficiency issue. And a couple things. We are in the process of providing or putting
into place an automated case management system, which allows us to better track our
cases and so, hopefully, in the new year -- in the next fiscal year that will even be a
more efficient system. And, finally, we have got an office at the courthouse that has the
computer network, that has phones, and so when you're over there and not in the office,
the prosecutors have a base in which to receive faxes, send faxes, type up pleadings if
necessary. And those have come in handy during the middle of a trial -- the Ten
Commandments trial, where we were prosecuting the protesters. We had a witness
stumble in that we said we need that person and it was as easy as going down the hall
and generating a subpoena and serving it on him at that time~ It's important to have
those tools and those resources. If we could get the next slide. (1m going to introduce
you, again, to Alison Tate and let her handle these next couple slides. She has served
as your Meridian police attorney before Jodi and still serves in that capacity when Jodi
needs assistance.
Tate: Madam Mayor, Members of the Council, itls always a pleasure to be here~
Looking at these statistics, mainly what we want to talk about here is we don't have the
percentages listed, but if you look starting in the year 2000 and, then, getting into the
year 2005, our overall conviction rate has increased steadily. Obviously, those early
years are before we took over the contract In addition, if you look at the miscellaneous ·
line, there used to be a lot of cases that we just really donlt know what happened to
them. We seem to have that under control, where there might be one or two where the
judgment was set aside for some reason or something strange happened to them, but
we have that under control. It used to be that there were just a lot of cases that
something strange happened to. The dismissed number there doesnlt mean
necessarily that whole cases are dismissed, thafs charges~ SOl it might be that a case
has three charges and one of the charges might be dismissed in exchange for guilty
pleas to the other two charges or to -- for instance, the more serious changes of a DUI
and, then, a driver's license charge. So, thafs what those numbers are. But overall our
conviction rate increases every year.. Looking at the numbers, jf you look at fiscal year
to date, we project that we will handle over 6,000 cases this year, looking at the
numbers we have so far this year. So, the numbers are going up pretty dramatically
again. Next slide. Part of the reason that the numbers are going up so dramatically is
that the number of Meridian City Officers is increasing every year. I believe that they
are requesting an additional eight officers for fiscal year 2006, so that would mean that
the number of citations that are issued will be rising. When an officer issues a citation
or writes a report that comes to us for review, we review all of their citations~ Although
they go to the court to get filed, we check everything and it's, actually, my team that
does that. Jodi and Denise do that. And I do some as well. We look at the number on
there, we make sure the citation is correct to the statute. We check to make sure it has
a Jocation~ If it needs to be backed up by paperwork, we will do that. If we need to file a
formal complaint instead of the citation, we will do that. So, we have people in the office
screening those things everyday. Obviously, once it gets to court it is prosecuted. We
provide coverage to all of the courtrooms. There are six judges and, then, there is
additionally family violence court. So, as they add judges and special courtrooms, it
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Meridian City Counci I
May 24, 2005
Page 7 of 30
becomes increasingly more difficult to cover all of those judges at the same time, but we
have prosecutors, obviously, in every courtroom~ We prosecute the contempt's
~ The probation violations. We do blood alcohol hearings, which are hearings that are
held when someone refuses a test or refuses to take an intoxilizer test, jury trials,
motion hearings, all of those things~ So, we have busy prosecutors in every courtroom
every day handling Boise cases and Meridian cases. Again, your year to date, if you
look at it, the numbers are up -- well, actually, be back up in just a second, but let me
have Jodi Nafzger come up here for the next slide and Jodi is the one who is providing
the on-site services in McCall -- or McCalL I don1t know where that came from. In
Meridian right now and I sometimes will as well.
Nafzger: Thank you, Madam Mayor, Members of the CounciL So, in addition to
criminal prosecution, we provide on-site attorney services. (1m, actually, out at the
police department in the patrol area two days a week on Tuesdays and Fridays~ 11m
available at that time to answer questions that officers might have~ I'm also available at
that time and do process public records requests that come through. We want to make
sure that we give a timely and legal response to all the requests that come through the
department and that's part of my obligation as (1m out there~ In addition to on-site
services, we have an on-call attorney at all times 24 hours a day~ So, if an officer has a
question in the middle of the night, Alison very often gets to answer that question, which
is a service that is valuable. In addition to public records request, we handle property
dispositions for the city. Most of the time those property dispositions that might involve
a firearm, for example, if an officer responds to a domestic violence situation and
firearms are confiscated, if that particular suspect or defendant is, then, thereafter
convicted of domestic battery, he or she is no longer able to possess firearms. We
have to make those decisions, do the necessary criminal background -- or necessary
criminal background checks and insure that we are complying with the federal firearms
laws when we are releasing those -- that property. So, thafs another one of the
functions that we serve, both out there and at City Hall, whether 11m out there or not, 11m
working on Meridian cases and Meridian issues. In addition, we provide training to
Meridian police offjcers~ Steve mentioned that we just came off of a block training
Friday and Monday. We provided a full day training and part of that was focused on
domestic violence issues. We, actually, had some experts in the area who came in to
talk, Angie Debeer from Boise police and Jan Bennetts from the Ada County
Prosecutor1s Office, who spoke directly to domestic violence issues, those are ever
increasing concerns most certainly. We also address updates in search and seizure
law, Miranda, and more specifically we were able to target those areas that were most
important to Meridian. We were able to talk with the chief and the captain to determine
what are the issues that we are seeing in reports that we really need to focus on, the
legal issues, and we incorporated that into our training. In addition, we provide a
quarterly police bulletin and that is an attempt to summarize up-to-date case law, areas
that are affecting law enforcement and we -- there are three attorneys in the office,
myself, Alison, and Jill Musser, who review those cases and work with the paralegals to
summarize and get those out to police and that's distributed to patrol in its entirety.
And, then, finally, we do some records training as well. I work very closely with the
records department, obviously, in public records requests and they are always very very
Meridian City Coun cil
May 24 f 2005
Page 8 of 30
helpful and valuable to us as we work from City Hall in Boise, but it's very smooth to
work with records and we value them and we provide training that, basically,
summarizes the way paperwork processes through the Boise city attorney's office,
because we are -- there are a number of attorneys and administrative staff that see the
tickets that Boise -- or that Meridian police officers write and we would like to Jet them
know how that processes through and we also bring them over and do courthouse tours
and City Hall tours, just to give them a better idea and a better picture of the service that
we provide and the work that we do on Meridian cases. And I think with that I will turn it
back over to Alison to talk about internal affairs, if we could get to the next slide. Thank
you.
Tate: This is something that we do. We don1t do very much of. I do provide legal
advice to the office of internal affairs for the Boise police department. Meridian doesnft
seem to have as many issues as Boise does these days, which is the good news, but
11m available for command staff if they have any questions in that regard, disciplinary
issues, civil litigation issues, and those types of things. Finally, we -- at least Jodi and I
just really enjoy all the time that we spend out in Meridian and working with Meridian
officers. The training that we did Friday and Monday was just a joy, compared with
special dealings sometimes with the Boise city police officers~ But the officers were
interested, the chief was there for the afternoon yesterday, took -- lots and lots of
participation, they asked questions when we give the training bulletins, they come in
and ask Jodi questions about all the cases. So, we do really enjoy the interaction that
we have with them. Thank you.
Perkins: Madam Mayor and Members of the Council, J'm Tina Perkins. I'm the victim
witness coordinator with~ the Boise police department that it has with the unit there. Itls
a pleasure to be in front of you again today, as I was a couple of years ago. If I could --
oh. Anyway -- I'm sorry~ When we initially implemented the contract, we thought a half
time victim witness coordinator would be sufficient to handle the domestic violence
cases in your jurisdiction. As you can see, those numbers have grown significantly and
the numbers have increased by 83 percent and -- over the first year and I donlt know,
necessarily, that that means that there is that high of an increase in domestic violence in
your community, but more so that the cases were being more and more referred to the
victim witness unit and we were able to provide those services to all the domestic
violence victims and as the numbers have increased, as you can see, and we are
expecting at least 180 cases if trends go the way they have been going this year, it is --
it has become increasingly important that we get a full-time victim witness coordinator to
provide those services. Some of the services that we provide is we take in all of the
domestic violence related cases that -- say protection order violations and no contact
order violations as well and stalking cases and we provide services to those victims and
we provide services for restitution to make sure that victims don't incur expenses out of
their own pocket, but they are able to access the Industrial Commission victim's
compensation fund and assist them with medical expenses and counseling expenses.
We provide specialized resource packets that give counsel referrals here in Meridian, as
well as in Boise city we are very lucky that as far as just the whole state of Idaho goes,
that we are a very resource rich community and a lot of our neighboring communities.
Meridian City Council
May 24, 2005
Page 9 of 3Q
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And so we make sure that the Meridian victims have community resources here in
Meridian and Boise for themselves and for families~ We provide non-traditional case
services. We have had some cases that don't fall under the traditional victim witness
case where maybe there was a neighbor dispute that's going on between two neighbors
and victim witness gets involved and we are kind of a nice neutral party, we are not
attorneys, we are not police officers, we are kind of a friendly face and kind of can help
out in resolving some of those issues. We also provide services to police officers who
are the victims of battery on a law enforcement officer. We don't believe that a part of
an officer's job is to be battered by a suspect who he or she is arresting and we make
sure that not only is that case tracked, but also that that goes into the system, because
people who are aggressive to police officers tend to have a higher lethality list to not just
the members of their family, but the members of the community and we provide on-call
services for misdemeanor domestic violence cases~ The officers do a great job triaging
that~ There are seven victim witness coordinators that work with the Boise police
department that indirectly, then, are able to work here as well in the Meridian
jurisdiction, but I have been taking the vast majority of the call outs on those
misdemeanor cases and that call out volume has gone from maybe one or two calls a
month to four or five calls a month. So thank you.
De Weerd: Thank you~
Rutherford: Doreen and I are now going to talk to you about the nuts and bolts and if
you have got questions at any step, along with some next couple of slides, please raise
your hand, please let us know. You know, a brief history. We started at 152,000 in
fiscal year '03 and, really, through fiscal year '04 and 105 the nominal increases of six
and seven percent were really for salaries of a part-time support staff person and the
two associated attorneys that we have kind of tied to this -- this stream. And you will
notice -- and I'm sure you have -- that the proposal from our office this year is a
substantial increase of 28 percent increase.. Over the next couple of slides Doreen and
I would like to explain to you how we get there or how we got to this point. AgainJ don't
hesitate to ask questions.. Hopefully, we will have the answers. But we want to help
you before we leave tonight understand that.
Queen: If you take a look at the numbers, you can see that the largest change within
those dollar figures is the change to increase the part-time victim witness coordinator to
full time. Not only does that mean we are increasing the hours from 20 to 40, but this
was an employee who was not receiving benefits, who is now going to receive benefits
and so the bulk of this change, that 42,000, is for that particular change~ The next
greatest portion, the 18,000, is for an indirect adjustment. Basically our Mayor and
Council have asked that in looking at our contracts and our grants with other agencies,
that we take a look at recovering a portion of the indirect costs for services that other
departments within the city provide to us and I'll explain a little bit more about those on
the next slide~ The 6,500 was simply an increase that we provided in the existing staff
and, then, we made a slight increase in our M&O costs. Basically, that is for the
mileage to get to and from the Meridian police department, the parking expenses, so
that our folks can actually park and we actually have a mail room service with our
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Meridian City Coun cil
May 24,2005
Page 10 of 30
central services that comes out to the Meridian police department, picks up and drops
off mail directly to and from them. And so that's the cost associated with that. Now I'd
like to explain a little bit more about indirect, because they are rather nebulous a lot of
times~ Essentially, indirects are those costs that are incurred by the legal department
for other city services. Those include human resources, when we are recruiting for any
of our vacancies~ Our information technology staff who help make sure that our
computers are up and running. OUf finance and administration people, who provide
budget and payroll support. And, then, for example, government building, just making
sure that the lights go on and the heating and cooling works. Typically, these are
charges that are attributed to our legal department, but that we are not usually asked to
actually pay the other departments~ That's why they are called indirect In order to
calculate indirect you have to take a look at our overall expenses and how they are
divided. Essentially, the city.s finance officer takes a look at all of the costs of providing
internal services to the legal department and, then, uses a statistical formula to allocate
those indirect costs to our department. For the last year our dollar amount for indirect
was 376,000.. What we did next was we took a look at our overall expenses, which are
about 3.4 million and we said of that 3~4 million we spend about 1 ~3 providing criminal
prosecution services~ Thatrs about 38 percent of the overall cost of our entire
department So, we take that 38 percent of the 376 and arrive at 133,912~ Then what
we did was we took the cost to the Meridian contract for last year, it was 172,430~ That
represented just under 13 percent of that 1 ~3 milJion~ So, we took just under 13 percent
of the 133,000 and that's how we came up with the 18,000.
Rutherford: I know that sounds confusing, but ifs an internal reimbursement cost and
the Mayor and Council and our budget folks in Boise have said that we are going to
fund our human resources and we are going to fund government buildings. Everybody
thatls a user should cost share~
De Weerd: And you do that with your -- your other departments as well from your
enterprise fund and --
Rutherford: Absolutely. Our police force folks and our public works folks, they pay for
their legal services through indirect and, really, that money goes to the general fund~
Queen: And during this year's budget process, as the city was looking at its attributed
planning and taking a look at budgeting for the future, they were Jooking at whatever
resources they could to make sure that we are recovering all of the costs of doing
business as a city and thaes why they have asked us to include this amount in our
contract.
Rutherford: Okay~ One last slide here, hopefully to give you a picture of what the dollar
amount means~ Really, what we do is we watch -- we justify prosecutors by caseload
and we try to keep our case numbers relatively low and we are right now about 400
cases per prosecutor, roughly 14 are dedicated to that missionJ 400 cases per month
per prosecutor. And so we like to have it down even a little bit lower and in our budget
proposal we have asked for additional prosecutors to try to get that number closer to
Meridian CUy Coun cil
May 24,2005
Page 11 of 30
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300. We want our prosecutors to have enough time that they can spend with these
cases, so that -- so that we get the right result and that the -- the hard work of the police
officers out in the field was justified~ And so, ultimately, what we do is we've figured with
the caseload that's coming from handling Meridian cases, we are going to need two full-
time prosecutors and thatls practically what we have now. We are not upping that~ This
contract pays for a part-time secretary with benefits and that cost is up there as well.
The full-time victim witness coordinator -- and that's loaded. Both the prosecutors and
the victim witness coordinator, that's, of course, loaded with the benefits~ We have got
miscellaneous M&O, as Doreen mentioned, you know, things like mileage, things like
parking, things like computers on desks, those kind of things. And, then, the indirects
that we just talked about ad nauseam. Again, as I part, the total price for this year
would be 240,480~ We hope that works for you~ I'll tell you from my experience -- and,
again, I don1t mean to borrow from my experience over here, but one of the things that
this contract provides is the ability to really -- to really commit to prosecuting cases and
when you have an organization like f have when I worked here for that firm, we,
basically, had two prosecutors and to cover six courtrooms and, then, to have to go to
trial on a case and not be in the office and have another person covering the five and
not -- having that person not be able to be in the office, it's tough~ It's tough to give
these cases that are serious cases. You know, there are a lot of inattentive driving and
speeding tickets, but there are also a lot of really hard cases, domestic violence cases,
road rage cases, that deserve attention and they need to go to trial sometimes. And
you can't have in the back of your mind as a prosecutor, I got to get back to the office
and answer phone calls and return phone calls or I have got a full calendar tomorrow
and I need to go back and prep the file. We don't have that. That person is committed
to that courtroom that day. We have got enough resources that whatever happens, we
have people we can puf on those cases and ies -- they are experienced people, people
that know -- that know what they are doing and so you get an office full of folks that
have experience, not only in prosecution, but in dealing with police officers and with
municipal law issues. In fact, I still speak with Bill Nary on probably a weekly basis
about -- about the issues, code enforcement issues and code issues and it1s a good
relationship to have. But weld encourage you to look hard at this proposal. We think it
benefits both. Cary has the last word.
Colaianni: Madam Mayor, Council Members, my chief deputy stole part of my closing
and I will deal with him later about that, but I would like to talk to you one more time
about why this is a win-win contract for both cities and add some -- add some flavor to
it, if you wilL First, obviously, we believe we are providing Meridian with a high and
greater level of service than you were receiving previously and at a lower cost, I might
add, even with the additions that we have to this yearls contract~ Second, because of
our size -- and this is what the chief deputy stole from mef but I will put a little finer point
on it, we are able to provide coverage for six and a half courtrooms and I can tell you
that thafs no small task, as Ted knows~ Also, not to tell you about what storm clouds
are on the horizon, but itls pretty clear to us at this point that the Ada County trial court
administrator will be adding even more court settings, making it very difficult for a small
or even medium size law firm to handle the caseload. Furthermore, we have the
resources available to handle any spike in prosecution caseload or emergencies, with
Merjdian Ci ty Cou nclJ
May 24, 20Q5
Page 12 of 30
14 attorneys at anyone time available to handle that caseload, seven victim witness
coordinators, and 11 civil attorney expertsf if need be, to help with the issues. In
closing, we are -- we are pleased with the relationship~ I think itls a very valuable one
for both cities and we hope to continue to provide these services to your citizens in the
future and thank you for this opportunity, we very much appreciate it.
De Weerd: Thank you. Council, do you have any questions?
Bird: I have none.
Rountree: Very good presentation.
De Weerd: We appreciate you coming and introducing us to the faces that serve our
city and we appreciate that~ Chief, do you have anything you would like to add?
Musser: Madam Mayor, Members of the Council, the only thing I would add at this time
and in conjunction with the presentation you have already received, is that the police
department does have strong support for this contract and continuing the partnership
that we have developed over time, because it has been an effective one and it remains
an efficient one for US~ In addition to the expansion of the victims witness coordinating
position, another facet that we may want to keep in mind -- and 11m not sure jf the
Council or the Mayor is aware of it at this point -- we just recently received information
that the Ada County Prosecutor's Office, whom we also use their services for the victim
witness coordination program for felony cases, is significantly reducing the budget cuts,
so that they are losing a number of victim witness coordinators that they have had over
there in the past, whicti put a greater load on our representatives that we have had,
helping us out half time. So, this would be a bit of a win-win situation to expand out to
the full-time position for the victim witness coordinator as well.
De Weerd: Thank you, chief. Again, thank you for joining us this evening. We
appreciate the information. 11m sorry, ML Baird, did you have anything to add?
Baird: No, ma'am.
c. Park's Department - Doug Strong
1. Namina of Park Located in Champion Subdivision:
De Weerd: Okay~ Okay. Item 6-C, Park Department. Mr. Strong.
Strong: Thank you, Madam Mayor, Members of the Council. As you will recall, we
have several parks yet to be named in Meridian and in our May Parks and Recreation
Commission meeting we continued the process of attempting to name the remaining
parks. We discussed a variety of ways to approach this, as we have in the past, with
historical names and names that take on themes and so forth and what -- the difference
between neighborhood parks should be and maybe larger community parks~ So, we
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Meridian City Counci I
May 24, 2005
Page 13 of 30
are making progress towards naming the remaining parks that we have at least on our
list right now. So, the park name proposal that I have before you tonight is our next
recommendation that we bringing forward to the Council for Champion Neighborhood
Park, which is the six acre park that will be developed in the Champion development. I
think it was originally known as Parkstone development. After some discussion on this
park name, some of the things that our commission members liked about it, it kind of
was a similar theme to the recently named park Hero's Park, in that it kind of took on a
sports connotation or a park connotation with the Champion park naming, so -- and,
then, also along with our park naming policy, there is a significant contribution from the
developer toward the development of this park as welL So, those are a couple of issues
that led to this name. So, with that I bring it forward for your consideration and action
tonight.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. I would need a motion to accept the name.
Bird: Madam Mayor?
DeWeerd: Mr. Bird.
Bird: I move that we name the park out in Champion Subdivision, Champion
Subdivision Park.
Rountree: Champion Neighborhood.
Bird: What?
Rountree: Champion Neighborhood Park.
Bird: Champion Neighborhood Park. I'm sorry.
Rountree: I will second that.
De Weerd: Okay. The motion is to approve the recommendation from our parks
department and commission. Any discussion? Hearing none -- do we want roll call?
Bird: No.
De Weerd: Okay. All those in favor say aye. Any opposed? All ayes.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 7:
Items Moved from Consent Agenda:
Meridian City Cou nci I
May 24t 2005
Page 14 of 30
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De Weerd: Okay~ There were no items moved from the Consent Agenda.
Item 8:
Tabled from May 17, 2005: FP 05-031 Request for Final Plat of 98
single-family residential building lots and 26 common area lots on 19
acres for Hacienda Subdivision by Doug Jayo - south of Chinden
Boulevard and east of North Meridian Road:
De Weerd: So, Item No.8 is FP 05-031. I will open with staff comments.
Canning: Madam Mayor, Members of the Council, this final plat is in substantial
compliance with the approved preliminary plat and I do have a letter from the applicant
stating that they are in agreement with the conditions of approval.
De Weerd: Okay. Do I have a motion to approve?
Wardle: Madam Mayor?
De Weerd: Mr. Wardle~
Wardle: I move that we approve Item No~ 8, FP 05-031 ~
Rountree: Second~
De Weerd: Okay. The - motion is to approve Item 8. Mrs. Green, will you, please, call
ro II.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 9:
RP 05-002 Request for a parcel boundary adjustment to create one (1)
48.14 acre parcel and one (1) 13.49 acre parcel in an approved C-G zone
for Ten Mile Development by Elixir Industries, Inc~ - 725 North Eagle
Road and 3001 East Commercial Court:
De Weerd: Thank you~ Item 9 is RP 05-002. I will open with comments from our
planning department.
Canning: Madam Mayor, Members of the Council, this is a request for a reduction in
platting requirements. It's on the Ten Mile Development property~ It is the southwest
corner of Eagle and Pine~ The proposal is just to split the parcel for a transfer of
ownership. They don't intend to pull a building permit until a final plat has been
submitted on the property~ So, it's a simple transfer of ownership question and this is
the proposed parcel. So, it would just basically go -- this is the new parcel line. Staff is
Meridian City Cou nci I
May 24, 2005
Page 15 of 30
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recommending approvaL To our knowledge there are no outstanding issues before
Council. We were not able to get a letter from all the parties involved. I have an e-mail
stating that Kelly at Hanson-Rice does not object to the conditions of approval and -- but
I think we need to hear from Glen Walker tonight, I believe, is at this hearing. We have
a statement from Doug -- Douglas Bergy saying hels in agreement with the conditions of
approval.
De Weerd: Okay. Thank you, Anna. Any questions for staff?
Bird: I have none.
Rountree: None.
De Weerd: Please state your name and address.
Walker: Glen Walker, 12490 West Stillwater. Madam Mayor, City Council, I'm
representing Ten Mile Development and we have read the staff report and fully agree to
the staff's recommendation on this and we have no issues -- Ten Mile Development has
no issues and I represent Ten Mile Development.
De Weerd: Okay. Thank you very much.
Walker: Thank you~
De Weerd: Okay. Council?
Rountree: Madam Mayor?
De Weerd: ML Rountree.
Rountree: I move that we approve Item No.9, subject to staff recommendations.
Bird: Second.
De Weerd: Okay. The motion is approve Item 9. Mrs. Green?
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 10:
Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from I-L to
C-G zone for Jackson's Food Store by Jacksons Food Store, Inc. -
southeast corner of North Eagle Road and East Pine Avenue:
Item 11:
Public Hearing: CUP 05...012 Request for a Conditional Use Permit to
allow the operation of a new carwash and convenience store in a
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Meridian City Council
May 24 t 2005
Page 16 of 30
proposed C-G zone for Jackson's Food Store by Jacksons Food Store,
Inc~ - southeast corner of North Eagle Road and East Pine Avenue:
De Weerd: Okay~ Item 10 is a Public Hearing for RZ 05-004~ I will open this Public
Hearing with staff comments~
Baird: Madam Mayor, I would also point out that we have Item 11 associated with this.
It might be a good opportunity to open both hearings~
De Weerd: Well, thank you, Mr. Baird.
Baird: That's why I'm here.
De Weerd: It looks like our planner has recused herself or excused herself.
Watson: Yes~ Madam Mayor, Councilmembers, due to a potential conflict in interest,
the planning director has asked me to present this tonight. The two applications include
a rezone of two acres from I-L to C-G and a conditional use to allow the operation of a
new car wash and convenience store on this site~ The total square footage on the site -
- I guess I could -- on this particular site is 5,900 square feet~ There would be two
commercial buildings. It's located at the southeast corner of Pine Avenue and Eagle
Road. There we go. That shows more than either of those other two. The food store
would be 3,500 square feet, with a 2,400 square foot car wash, two fueling station
canopies~ This site was granted a reduction in platting requirement by Council on
January 4th of this year. The notable conditions included both parcel one, which is this
site, and the parcel tWo would be a future subdivision. The Planning and Zoning
Department does have that subdivision application in their office now, which includes
both properties~ The other notable condition was the cross-access easements would be
required to the east parcel. Jill back up one. Shown here is the site plan or landscape
plan, with north being to the top of the page. The store would be somewhat in the
center of the lot, with the car wash on the east side of the lot. And evidently this is the
elevations provjded~ The Planning and Zoning Commission recommended approval
with conditions~ No one testified in opposition to the project. The key issue of
discussion at the Commission meeting was access to Eagle Road and Pine. No access
is allowed to or from Eagle Road, which was supported by a letter from lTD. There are
no other outstanding issues for Council and I will stand for any questions.
De Weerd: Council, do you have any questions?
Bird: I have none.
De Weerd: Okay. Would the applicant like to comment? If you will, please, state your
name and address.
Benning: Jim Dale Benning, Architect for Jackson's, and my address is 1590
Shenandoah Drive in Boise.
Meridian City Coun oil
May 24 t 2005
Page 17 of 30
De Weerd: Thank you~
Benning: Madam Mayor and Councilmembers, I would like to answer any questions
that you might have about our application.
De Weerd: Okay. Just to note for the record, Councilmen Rountree has recused
himself on this item. Any questions for the applicant, Council?
Bird: I have none, Mayor.
De Weerd: Okay. We have no questions. Thank you very much. Also signed up for
was Jack Davis. Mr. Davis, do you have any testimony? Okay~ Okay. Is there anyone
who would like to provide testimony on this application? Okay. Hearing none --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Hearing none and no questions, I move that we close RZ 05-004 and CUP 05-
012.
Wardle: Second.
De Weerd: Okay. The motion is to close the public hearings on Items 10 and 11. All
those in favor say aye. Okay. All ayes. Motion carries.
MOTION CARRIED: TWO AYES~ ONE ABSTAIN. ONE ABSENT.
De Weerd: Any discussion or further information needed from staff?
Bird: I have none.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle~
Wardle: I move that we approve Item No.1 0, RZ 05-004, rezone for Jackson1s Food
Stores.
Bird: Would that include the Findings also?
Wardle: And to include the Findings of Facts.
Bird: Second it.
Meridian City Council
May 24, 2005
Page 18 of 30
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De Weerd: Okay. The motion is to approve Item 1 O. If there is no further discussion,
Mrs. Green, will you call roll.
Rolf-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent.
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
De Weerd: Thank you.
Wardle: Madam Mayor?
De Weerd: Mr. Wardle.
Wardle: I move that we approve Item No. 11, CUP 05-012, conditional use for
Jacksonls Food Store and to include the Findings.
Bird: Second.
De Weerd: Okay. Item 11, motion to approve. Mrs. Green, will you call roll.
Roll-Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent
MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT.
Item 12:
Public Hearing: AZ 05-011 Request for Annexation and Zoning of 6.26
acres from RUT to R-8 zone for Lvndhurst Grove Subdivision by
Highland Development, LLC - 2820 West Pine Avenue:
Item 13:
Public Hearing: PP 05-013 Request for Preliminary Plat approval of 36
building lots and 5 common lots on 6.26 acres in a proposed R-8 zone for
Lvndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue:
Item 14:
Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a
Planned Development for single-family detached residential units and
single-family attached residential units in a proposed R-8 zone for
Lvndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue:
De Weerd: Thank you. Okay. Items 12, 13, and 14 are AZ 05-011, PP 05-013, and
CUP 05-015. I will open Items 12, 131 and 14 for public hearings with staff comments.
Canning: Madam Mayor, Members of the Council, this is Lyndhurst Grove project and
it's on the north side of Pine Street, approximately 825 feet east of Ten Mile Road. It is
an application for annexation and zoning, preliminary plat, and Conditional Use Permit
for a planned development. There are 36 building lots and five common lots on 6.26
Meridian City Council
May 24~ 2005
Page 19 of 30
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acres in a proposed R-8 zone. Twelve of the 36 lots will be single-family attached
dwellings. The remaining 24 are detached single-family dwellings and the existing
home, that will be relocated to Lot 14, Block 2. The PO is requested to allow a 4,500
square foot lot for the detached units. Normally in the R-8 they are -- 6,500 square feet
would be required. And, then, the -- to allow 3,600 square foot lots for the attached
units and normally 4,000 square feet would be required. Thirty-three of the 36 lots are
below the minimum required by the zone, so -- minimum required by the R-8. The PO is
also requested to allow 50 feet of street frontage, instead of the 65 required by the R-8
zone~ And, then, 18 of the 36 lots are below the 65-foot required by the zone. The
planned development amenities include playground equipment and a picnic table,
including tables and a barbecue on 2.6 -- or on Lot 21, Block 2, and the open space
represents six percent of the gross area. The gross residential density is 5.75 and that
is consistent with the Comprehensive Plan land use designation of medium density
residential. We do have a few elevations~ This is the landscape plan. There are some
of the detached units. And, 11m sorry, the quality of this one didn't come through too
well, but these are some of the attached units. The P&Z has recommended approval
with conditions~ At the hearing no one spoke in opposition to the proposal. Barbara
Wallace provided comments regarding fencing and dust abatement. The key issues of
discussion were Sanitary Sewer Service and, basically, the site would be temporarily
sending sewer down to a lift station associated with Ten Mile -- the Courtyards At Ten
Mile and, then, as gravity lines are available, they would connect to those gravity lines~
The Commission changed one condition of approval from staff's initial recommendation
and that was to require the applicant reconstruct the existing foot-bridge across the
Eight Mile Lateral. In your summary notes provided with the Findings, staff noted that
they had not yet received a revised landscape plan. We did receive that yesterday. It
does depict the required micro-path and you can see it here. And although the
landscape buffer on Pine still seems to be a couple feet short, but the conditions of
approval are clear that it needs to be 25 feet. So, no changes are needed to the
Findings. Those are the only outstanding issues that staff is aware of.
De Weerd: Okay~ Is that all? Council, any questions?
Bird: I have none, Mayor~
De Weerd: Okay~ Would the applicant like to come forward?
Amar: Thank you, Madam Mayor, CounciJmembers. For the record, Kevin Amar,
address 36 East Pine in Meridian. J'II try to make this brief~ This is for Lyndhurst Grove
Subdivision. This project is -- we are transitioning on one side from four-plexes to the
other side, which is an R-4 residential lot subdivision~ What we have done with this
project is on the west is where the four-pJexes are and on the east is where the R-4
subdivision is. So, in this area we have attached units and, then, we have detached
units in this area. This will be where the new and existing -- or the existing house will be
newly located on that lot~ We are going to move it onto that lot. We did hold a
neighborhood meeting. One thing that we spoke with -- this neighbor here, his question
was the minimum home size and we told him these would be a minimum of 1 ,400
Meridian Ci ty Cou nci I
May 24t 2005
Page 20 of 30
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square feet, just as his subdivision was required, the balance will be as required in the
R-8 zone~ The pedestrian bridge, we do have that shown now~ Because of
subdivisions around it, this connection was not required by ACHD and was supported
by your staff to not require a road connection, but you do want to provide
interconnectivity and we will provide that with this micro-path and, then, the bridge that's
there, reconstruct it for -- to be able to have access -- pedestrian access~ So, it -- it is
going to enhance the overall interconnectivity between the area. We also understand
that this needs to be 25 feet and that's certainly something we are in agreement with.
All other conditions we agree with and will stand for any questions~
De Weerd: Okay~ Council, any questions?
Bird: I have none.
De Weerd: Okay~ Thank you~
Amar: Thank you~
De Weerd: Is there anyone who would like to provide testimony on this application?
Okay. I have a very passive audience tonight. Council?
Bird: Madam Mayor?
De Weerd: Mr~ Bird.
Bird: Hearing no more _:.
De Weerd: Please speak into your mike.
Bird: I'm sorry~ Hearing no more testimony, I move we close Item 12, 13, and 14.
Rountree: Second.
De Weerd: Okay~ The motion is to close the public hearings on 12, 13 and 14~ All
those in favor say aye~ All ayes~ Motion carries~
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Discussion? Further information needed?
Wardle: Madam Mayor?
De Weerd: Mr~ Wardle.
Wardle: Anna, just a clarification. Since it was a condition in the Findings and we do
have a revised landscape plan, we adopt the Findings as well?
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Meridjan City Coun cil
May 24,2005
Page 21 of 30
Canning: Yes.
Wardle: Okay. Madam Mayor, with that I move that we approve Item No~ 12, AZ 05-
011, annexation and zoning for Lyndhurst Grove Subdivision.
Bird: Second~
De Weerd: Okay~ The motion is to approve Item 12. Mrs. Green, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES~ ONE ABSENT~
De Weerd: Okay. Item 13.
Wardle: Madam Mayor, I move that we approve Item 13, PP 05-013, preliminary plat
for Lyndhurst Grove Subdivision and for clarification to approve the Findings as well.
Bird: Second.
De Weerd: Okay~ The motion is to approve 13. Mrs. Green, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES~ ONE ABSENT~
Wardle: Madam Mayor, I move that we approve Item No. 14, CUP 05-015, Conditional
Use Permit for Lyndhurst Grove Subdivision and to approve the Findings as welL
Bird: Second.
De Weerd: Okay. The motion is to approve Item 14. Roll call vote, please.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 15:
Public Hearing: MI 05-004 Request for a Miscellaneous application to
modify a condition in the Development Agreement for Sommersbv
Subdivision by Confluence Management. LLC - NEe of Ten Mile Road
and Pine Avenue:
De Weerd: Okay~ Thank you. Item 15 is Public Hearing for MI 05-004. I will open this
Public Hearing with staff comments.
Meridian City Council
May 24t 2005
Page 22 of 30
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Canning: Madam Mayor, Members of the Council, this is our last planning away on
Pine Street here~ I donlt know if you've noticed the theme for tonight, but this is
Sommersby Subdivision~ Itls the northeast corner of Ten Mile and Pine and this is a
miscellaneous application to modify the existing development agreement As you may
recall, this is the second request to modify the development agreement~ The first one
was approved by Council, but there was a condition in there regarding the number of
units that could be constructed that the applicant was not in favor of~ So, they are still,
presumably, in favor of all but, as I said, one of those conditions that was granted
through the first MI application. And that first one did only allow 41 building units and
that was nine townhomes and eight four-plexes, until the capacity improvements were
made to Ten Mile and Pine in 2007. I do have the Sommersby plat here for your
reference. The applicant requested mediation sessions and the developer attended
thatJ along with his representative the city attorney and, then, the planning staff was Mr.
Brad Hawkins-Clark~ The applicant expressed that they felt the limits on the number of
units, the 41 dwelling units, would render the project economically unviable. The
applicant also believes that that number was adopted with some ambiguity and with
minimal input from the developer. What they are proposing is to increase the allowable
number of dwelling units to 109, still require some phasing, that's not the whole project,
they would be leaving out eight office buildings and 32 dwelling units, which is four
eight-plexes. And those units would only be issued certificates of zoning compliance
after the improvements are done at Ten Mile and Pine. Staff feels that this is a
reasonable compromise. They are recommending approval of the request to amend the
development agreement, but replacing the existing condition limiting the number of
dwelling units with the condition outlined on page four of the staff report and that reads:
The eight office buildings located on Lots 33 through 40 and four eight-plex buildings
located on Lots 43 through 50, shall not receive a certificate of zoning compliance until
the North Ten Mile Road widening projects and the Ten Mile slash Pine Avenue
intersection project are complete and operational. Just to point out if the Council
chooses to grant this request, there are no findings or conditions of approval, it was
solely a request to amend the existing development agreement~ I also wanted to point
out that there are three letters that should have or will be making their way to Council.
The first is from Irma Atkinson and I believe this one was in your -- your pamphlet. She
outlines concerns with traffic on Ten Mile and Pine and specifically references th~ letter
from Mr~ Greg Embrey of SpinksJ Butler and Clapp~ The second letter is from DTE
Development. Thafs Doug Campbell and the developers of Courtyards At Ten Mile and
thatls in support of the project. And also in support of the project is a letter from Ronald
Baker and this is the one that you may not have received, unless it was just very
recently~ He is the Haven Cove homeowners' association president, although it looks
like the letter is written on behalf of himself and not on behalf of the homeowners
association. He doesnlt indicate that it's a decision of the association. And he was in
favor of the project. So, with that I will answer any questions you may have.
Bird: Madam Mayor?
De Weerd: Council, any questions? Yes, ML Bird.
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Meridian City Council
May 24,2005
Page 23 of 30
Bird: We donrt have the one from Doug Campbell.
Canning: Okay~ Irll hand one to the clerk right now~ I can read it to you. It's rather
short, if you'd like,
Bird: lid go for that.
Canning: It says: Dear Mayor and Members of the Meridian City Council: On behalf of
DTE Development, we welcome and support an additional project in the area of our
Courtyards project on West Pine in Meridian~ We have reviewed the proposed plat and
the various improvements and offer our support for this project. We understand that the
developer is seeking to phase the project, holding back on the commercial office space
fronting Ten Mile and we certainly support such measures. Sommersby will be
attaching to the irrigation system and sewer lift station and the developer has already
agreed to assist with the expenses of these improvements~ By allowing controlled
growth at this intersection, with the off-site improvements, you will be allowing a quality
development to move forward as proposed. Thank you for your consideration and
attention to this matter~ Sincerely, Doug Campbell~
De Weerd: Council, since we donlt have a copy of the other letter -- oh, you do~
Rountree: We do.
Bird: Yes, we do.
De Weerd: Do you have any other further questions?
Bird: I would like to -- on that letter from Mr. Baker, he stated that since Timberline High
School was constructed, I think he meant Mountain View High School. Timberline is in
Boise and I don1t think it has anything to do with Pine and Ten Mile.
De Weerd: Any other questions for staff or comments? Okay. Would the applicant like
to comment?
Embrey: Thank you, Madam Mayor and City Council. Greg Embrey, 251 East Front
Street. Briefly I'd like to go through the procedural background of this matter, how we
got here, and, then, the project engineer, Becky McKay, would like to share some more
detailed rationale on -- in support of the requested amendment~ We are -- in Mrs~
Canningls statement with respect to -- we are asking for only a modification of the one
provision of the development agreement is exactly right. Everything else in it I think is
just fine. The one condition that limited us to occupying nine single family dwelling units
and eight multi-family dwelling units originally, that bottom line just makes it impossible
financially for us to proceed with this development, in that we can't occupy the majority
of the property and the development until the North Ten Mile and the intersection
improvements are complete~ So, on February 3rd we did request mediation. We met
with Bill Nary on one occasion immediately after that and on February 24th mediated
Meridian City Council
May 24t 2005
Page 24 of 30
with Mr~ Nary and the planning staff. The result of that mediation was to propose a
modification to the problematic condition and that proposal was to limit us -- to allow us
to occupy the project, except for the eight office buildings and four eight-plex buildings
in the southeast corner of the property. Staff has since considered that and instead of
tying that provision to occupancy, weld like to tie it to certificates of zoning compliance,
which would mean that we could not obtain building permits until that time and we are in
support of that provision. So, briefly, thafs the history of how we got here and if there
aren't any questions, Becky would like to talk about the engineering rationale for the
request.
De Weerd: Any questions at this point?
Bird: I have none, Mayor.
De Weerd: Okay. Thank you.
McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite S, Eagle.
Appreciate you taking the time to allow us to come before you.. When the project was
approved -- or prior to the project being approved, when Brad first sent the staff report,
he had indicated that -- that he had written a paragraph recommending that there be
some type of phasing or restriction on the number of units that would come on line prior
to the permanent improvements out here at the Pine and Ten Mile intersection. He said
that, you know, I have written kind of food for thought to the Council to discuss and,
then, it would, obviously, be up to them to make the determination on the number of
units that would be appropriate prior to the ACHD improvements. There was so many--
you know, so many things that we went through at the hearing and with the restricted
amount of time for presentation and I think, you know, getting late, the Council made the
motion and, then, just adopted staff's recommendations, but, really, it wasn't a
recommendation and in my -- my letter for the miscellaneous application that1s what I
stated. You know, it really wasn1t a recommendationf it was stated, you know, there are
different options. And so J had submitted a letter asking for clarification and it was like
Monday was a holiday and, thenf the Council meeting was Tuesday and I don't know if it
didn't get in the packet or whatever, but the Findings were adopted and it was too late
to, obviously, retrace our steps. So, this was our only option to come before you as a
miscellaneous application. We have read the staffs recommendation for our
miscellaneous application. We are in total agreement. I stated in my application that,
you know, it is our intent -- we agree that this project should be phased, that there
should be some restrictions on it as far as the number of units that can come on line
until these permanent improvements take place. We just wanted to make sure that the
Council was aware that when we phase projects we have got to have it so that it's a
viable project. Obviously, with a multi-family project, we have got to have two points of
ingress and egress. When it was thrown out for food for thought that the townhomes
there at the north end and two four-plexes or eight units could come on line, I mean
that's not even practical. You know, I'm going to have to build -- we'd have to build and
design the loop to meet the fire department requirements, obviously, get utilities in and
my client, in discussions with his bankers, you know, that no one is going to provide him
Meridian CUy Council
May 24,2005
Page 25 of 30
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with any financing when it was such a restrictive condition. After the hearing we found
out that the Courtyards At Ten Mile are putting in a couple of turn lanes that will be
adding some capacity to that intersection.. I also found out that the plans are 99 percent
complete for the improvements out there at the intersection, that ACHD -- that they had
allocated money for this 2005 calendar year, 750,000 dollars, for right of way
acquisition. They'JI do some additional right of way acquisition in 2006. They will be
piping ditches in the faJl of 2006 and, then, they will be constructing this in 2007. And
they said that their intent is to be finished before school starts, so that this is all done. It
is in the five-year plan. It's in the three year front end of that five year plan, but staff felt
confident that there is not going to be any jockeying of priorities as far as the
improvements out here. One of the things that was real important to us was the fact
that we had -- if you recall, we had one person here speaking in opposition to us. We
had worked diligently with our neighbors and they had said time and time again, you
knowJ Valerie Heights was too much too soon. That was seven years ago. They were
three story. There was no plan for any improvements out here as far as the arterials are
concerned and there was no Mountain View High School and they have noticed a very
definite change in traffic patterns in this area since Mountain View High School has
opened up and I submitted as part of my application -- it should be in your packet -- the
new school boundary maps and, as you can see, when everyone had to go to Meridian
High School, you had a big dog leg running way south and so there was a lot of Ten
Mile traffic that went north on Ten Mile and, then, obviously, East on Pine. Now
Meridian High School, their boundary is an east-west type fashion, so you1re not seeing
the north-south bound traffic on Ten Mile that you had seen in the past and we noticed
in the traffic counts, comparing 2000 to 2004 on Pine, that there had been a reduction,
which is really -- I mean unusual. J don't know of any of the arterials around Meridian
that in the past four years we have seen reductions in traffic. So, therefore, that led us
and our traffic engineers to believe and assume that -- that there has been a change in
this area in traffic pattern. The neighbors indicated that they are getting the cut-through
traffic through their subdivision~ As Anna indicated, we have a letter here from the
Haven Cove homeowners association president. He states in this: After reviewing this
project with members of my subdivision, he does reference: I come to the conclusion,
but the neighborhoods have been supportive of this project from day one. They indicate
in our letter that they would like to see this go in prior to, you know, the ACHD
improvements, so that the construction doesn't go on and on and on. Obviously, it
disrupts neighborhoods when we do have considerable construction and when we have
got ACHD having construction and, then, we come in right behind them, it just adds to
the frustration of the neighbors. One of the other things we wanted to mention was time
lines. When we look at time lines to bring these projects to fruition, it takes an immense
amount of time. We do not anticipate until probably the end of this year having
construction plans that are approved and getting underway. The earliest we could see
with probably building permits, maybe probably January, that was one of our guesses,
2006. My client indicated he could only build five of these units at a time. They take
approximately five months. And so if he builds five units at a time and, then, allocated
two months for occupying each of the units, in March of 2007 we estimated -- and that
was best case -- if he were able to rent all of them and five months banging out five per
-- five months period, he~d add 608 trips in March of 2007. So, we felt that the added
Meridian City Counci I
May 24, 2005
Page 26 of 30
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traffic was very incremental and what we have asked the Council is just to allow us to
build that loop up there and have the hundred unit come on that would be four-plexes
andJ then, the neighbors have requested that we put the townhomes in up front in the
very beginning, because that would finish off their cul-de-sac~ They do not have a
turnaround at this time up there on the north and, then, we would build that leg there
and put a cul-de-sac there. We have worked so hard on this project to come up with
something that was palatable to the neighbors, palatable to the staff, that the Council
could support in good conscience and all we are asking this evening is just a minor
modification to that development agreement that would allow us to at least move
forward to get this thing off the dime and start phasing it in with something that is
reasonable~ 11m convinced -- I have never had any restrictions that made it so a project
wasn't viable until now. This is the first time I have every had that happen. So, Jill
answer any questions that the Council may have.
De Weerd: Council?
Rountree: None.
De Weerd: No.
McKay: Thank you~
De Weerd: Is there any further testimony on this application?
Canning: Madam Mayor?
De Weerd: Yes.
Canning: Since Mrs. Atkinson was not able to be here tonight, I would like to
summarize her letter, jf that's okay.
De Weerd: Sure.
Canning: She was at the first hearing~ The first item she points out is the addition of
two turn lanes at the Courtyards at the southeast corner of North Ten Mile and West
Pine and Brad did call ACHD to verify and those have been approved~ Those will be
constructed. SOl we do anticipate those before any building permits are probably
released on this property. The second issue she points out is that those traffic numbers
that were referenced earlierf there is a decrease of the traffic on Pine by 165 vehicle
trips per day. However, there is an increase on Ten Mile of 2,249 trips per day~ So, to
say that traffic has decreased at the intersection, she felt was -- was a bit misleading.
The third issue takes -- she talks third -- the third item she takes issue with is the -- in
the letter by Mr. Embrey on behalf of the management he states that traffic concerns
were not discussed during the public hearing on January 4th, except for the comments
of neighbors that traffic had improved in this area~ She did want to point out that she
testified at that meeting and submitted a Jetter in which she describes ongoing traffic
Meridian City Council
May 24, 2005
Page 27 of 30
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concerns at this corner. The fourth items she note is that traffic in the letter from Mr.
Embrey -- again, traffic -- everybody in Sommersby Subdivision, North Ten Mile Road,
will travel primarily north and avoid the intersection. She feels that this is not really
realistic, that anyone headed to the interstate will go south and anyone headed for
Nampa will go south as well. So, then, Jim going to read those items in her conclusion.
She says it is in my opinion that the traffic concerns in this neighborhood are no
different than they were five months ago when you established the phasing
requirements on this project~ I do not hear the developers of Sommersby offering to
make on-site or off-site improvements to address traffic concerns~ I hear, yet againJ the
developer requesting special treatment to push a project to completion without waiting
for the infrastructure to be built and without offering to contribute anything to our
community.
De Weerd: Thank you. Is there -- since we always allow the applicant to have the last
word, was there any further comment?
McKay: I will just be brief. I read her comment as far as the traffic going south. The
traffic patterns that we see when we are -- when our traffic engineers are doing
analysis, show that traffic goes east and north, because everybody is going toward
Meridian or toward Boise to work. If someone were going south -- why would you go
south? There is no Ten Mile interchange~ If there was a Ten Mile interchange there, I
could see the traffic patterns changing and going to the south. So that --
De Weerd: I couldntt tell you why. Because I do it all the time.
McKay: Do you?
De Weerd: J do. And I sit in line for --
McKay: Hours.
De Weerd: -- hours at a four way stop sign. I thought I would clarify --
McKay: I'm looking at Brucels suggestion~ Hels writing it down. You know, the other
thing -- you know, we have worked with the Courtyards At Ten Mile, you know, my client
has been working with Doug and his group and hels indicated, you know, we would do
what we could to improve this intersection, add some capacity. I did go down and talk
to ACHD about what options there were as far as temporary improvements. Their
comments to me is, you know, since we are going to be coming in there in such a short
period of time, we would be reluctant to approve anything other than these turn lanes,
as far as say temporary lights or anything like that. It is always problematic jf we sit
back and allow a major roadway project to go in and, then, we come behind it. That's
probably the worst thing that we can do as far as getting our infrastructure and we
typically like to be ahead of any of those projects. We will be building the sidewalk.
Obviously, we will detach it on a separate lot and so, you know, we feel we are doing
what is within our power .to help with the traffic flows out there. We have provided two
Meridian City Council
May 24, 2005
Page 28 of 30
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access points. An internal (OOPA We have done as much as we possibly can~ Also,
these impact fee dollars will be going to ACHD. So, hopefully, those dollars can be
utilized on some the improvements in this area. I don't know what else to say. But it is
a matter of whether the project is viable or is not viable and if we can't get any relief and
allow us to bring on at least one reasonable phase, J don't know what else to do. ('m
stumped. Thank you.
De Weerd: Thank you. Okay. Council?
Rountree: Madam Mayor, if there is no further comments, I move that we close the
Public Hearing for Item 15.
Bird: Second.
De Weerd: Okay. The motion is to close the Public Hearing on Item 15. All those in
favor say aye. All ayesA Motion carries.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Any discussion or further information needed from staff? If there is no
discussion, do I have a motion?
Rountree: Madam Mayor?
De Weerd: Mr~ Rountree.
Rountree: Just an intra before my motionJ but the way J read the record, that the
original point in time it was all the iterations of this development and ACHD has
indicated that there is capacity to handle this development. They also have a project on
line to improve Ten Mile and Pine. My history goes back some eight years on this
project and it was one of the last ones as a City Council person that J think I heard
before I left and now it comes back yet again in another iteration. The problems on Ten
Mile -- or the problems on Pine are not the result of this or any other single development
in that area, but certainly the ongoing development and issues that we face throughout
the city. Having said that, I would move that we approve the request for Item No. 15,
based on the recommendations of the city staff.
Bird: Second.
De Weerd: Okay. The motion is to approve Item 15. Is there any discussion? Mrs.
Green, will you call roIL
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Meridian City Counci I
May 24, 2005
Page 29 of 30
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De Weerd: Thank you. Council, real quick, I -- Peggy did register those that had not
registered already for Ale conference. We are going to pay the additional cost, so Chief
Musser, Chief Anderson, Mr. Watson she had already registered and Councilman Bird.
So, we have also registered, I believe, ML Berg, Mr. Nary, and Mr. Strong, so they are
taken care of.
Wardle: Madam Mayor?
De Weerd: Yes, Mr. Wardle.
Wardle: Just a question. Do we need to make our own hotel arrangements for that?
De Weerd: No. She has reserved rooms --
Wardle: Thank you.
De Weerd: -- as well. And I -- we did have a ribbon cutting at Hargus Buffet on
Thursday at 1 0:00 8.m. that I have a prior commitment. Council, would any of you be
able to attend that ribbon cutting?
Bird: Mr. Wardle.
Wardle: What day was it?
De Weerd: Thursday at 10:00.
Wardle: This Thursday?
De Weerd: Okay. I will give you this, because you can call Mr. Smith and Jet him know.
Wardle: (1m unavailable.
De Weerd: Oh, unavailable.
Wardle: Sorry.
Bird: We have also got -- we have also got tomorrow.
De Weerd: The firehouse ribbon cutting is tomorrow.
Bird: I can't cover it. J can't cover it Thursday; I got a dentist appointment I think. No.
Wait a minute. Thursday--
De Weerd: If you will just call and let us know.
Bird: Unless Charlie can't make it.
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Meridian City Council
May 24 ~ 2005
Page 30 of 30
Rountree: Well, 11m looking~ I don1t think I can~ I canlt get my calendar to work~
De Weerd: Okay. Mr~ Bird, if you will let me know, lid appreciate it. I would entertain a
motion to adjourn.
Rountree: So moved~
Bird: Second.
De Weerd: Okay~ All those in favor say aye~ I believe Mr. Bird said aye, too?
Bird: I said aye.
De Weerd: All ayes~ Motion carries.
MOTION CARRIED: THREE AYES~ ONE ABSENT~
MEETING ADJOURNED AT 8:31 P~M.
(TAPE ON FILE OF THESE PROCEEDINGS)
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DATE APPROVED
May 20, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 24, 2005
ITEM NO.
5-E
REQUEST Resolution - Adoption of Strategic Focus Areas and City Wide Initiatives
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 DE?T:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETfLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Se. attached Resolution
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Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian..
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CI1YOFMERIDIAN
RESOLUTION NO. 05 - 4+4
BY THE CITY COUNCIL:
BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION OF THE MAYOR AND CITY COUNCIL TO ADOPT NEW
FOCUS AREAS AND STRATEGIC INITIATIVES FOR THE CITY OF MERIDIAN
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF
MERIDIAN, IDAHO
WHEREAS, the Mayor and City Council have authority over the vision and
direction for the City of Meridian;
WHEREAS the City Council has previously approved a Strategic Plan and
Challenge Areas for application to all employees of the City in 2002;
WHEREAS the Mayor, Department Directors and employees have been involved in
an o.n-going process to improve those areas and narrow down the challenge areas into a
manageable format with a clearer and more involved areas of focus;
WHEREAS the various Departments have participated in the formulation of these
focus area and strategic initiatives and agree that all the various departments of the City have
an ownership to each of these focus areas;
WHEREAS all the Departments have participated in the formulation of the strategic
initiatives and agree that all the various departments of the City have an ownership to each of
these strategic initiatives;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1: That the Mayor and City Council hereby adopt the attached Focus
Areas and Strategic Initiatives for the City of Meridian; a copy of said focus areas and
strategic initiatives are attached and incorporated by reference as Exhibit "A".
SECTION 2: This Resolution shall be in full force and effect immediately upon its
adoption and approval
PASSED BY THE COUNCIL OF THE CITY OF 1vIERIDIAN, IDAHO, this (;)1.fl- day
of Y\ CLy
., 2005 ~
RESOLUTION ADOPT FOCUS AREAS & STRATEGIC INITIATIVES page 1 of2
c..
(:. .....
...... .
APPROVED BY THE MAYOR OF THE CITY OF rvlERIDIAN, IDAHO, this ~4~ day
of ------IY\r11 J
~ 2005.
ATTEST:
RESOLUTION ADOPT FOCUS AREAS & STRATEGIC INITIATIVES Page 2 of2
May 20, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 24, 2005
ITEM NO~
5-F
REQU EST Water Main Easement for Mountain View Business Center
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 DE?T:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
See attached
p ro-VO
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CO:
City of Meridian
Public Works Dept.
RECEIVED
MAY 1 8 2005
To: Mayor de Weerd & City Council
From: Karie Glenn
City Of Meridian
City Clerk Office
cc: File
Date: 5/17/2005
Re: Proposed Agenda Items for 5/24/05 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
5/24/05 City Council agenda, on the Consent Agenda, for Council's consideration:
1) Water Main Easement for Mountain View Business Center.
Typical Water Main Easement.
Recommended Council Action: Approve the Water Main Easement for
Mountain View Business Center and authorize the Mayor to sign and City
Clerk to attest.
Thank you for your consideration.
. Page 1
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WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of , 20 o Sbetween ~~ ","12 \ \ 'l t N~ l1 ~d the parties of
the first part, and hereinafter called the Grantors, d the City of Meridian, Ada County, 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 EXHlBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line and their
allied facilities, tog~ther 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 bet\veen the parties hereto, that after
construction, making repairs, performing other mailltenance 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 of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any
permanent struchrres, 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-af-way and easement hereby granted which lies within such
boundary thereof or which is a part thereot: shall cease and become null and void and of no further
effect and shall be completely relinquished.
water Main Easement
EASMT WTR
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THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed
of the aforementioned and described tract of land, and that they have a good and lawful right to
convey said easement, and that they will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever.
m \V1TNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written~
GRANTOR:
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this /?'#t day of av. ~ 20# S, before me, the undersigned, a Notary Public in
and for said State, personally peared and
&fd:,ar?:i Mi0nlt{:Jknown or identified to me to be the President and Secretary, respectively, of the
corporation that executed the within instrument, and aclmowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
fist above written.
(SEAL)
· /5/// /n btL.~7~S
NOTARY PUBLIC FOR IDAHO
Residing at (! dr."] /... - 0
Commission Expires: q -I - tl
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water Main Easement
EASMT WTR
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by William G. Berg, City Clerk
Approved By City Council On:
STATE OF IDAHO, )
: SS~
County of Ada )
On this day of , 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMJ\1Y de WEERD and WILLIA1v1 G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idab.o, and who
executed the within. instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year frrst
above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
Residing at:
Commissi<?n Expires:
water Main Easement
EASMT WTR
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EXHIBIT "A"
'VATER lVI-~N E.~SElVIENT "A"
FOR 690 S~ INDUSTRY W..~Y
A water line easement over, under and across a portion of Lots 10 and 12, Block 1 of
CENTRAL VALLEY CORPORATE P ARK NO. 1 SUBDIVISION, as shown on RECORD
OF SURVEY NO. 4357} recorded as Instrument No. 98079239, records of Ada County,
Idaho, located in the Wl/2 of Section 18, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho and more particularly described as
follows:
Commencing at 5/8 inch rebar marking the Southwest Comer of Lot 10, Block 1 of said
RECORD OF SURVEY NOw 4357, also being on the East right-of-way line of S. Industry
Way, thence along said East right-of-way line SOoo27' 58"W a distance of 18.29 feet to
the POlliT OF BEGlNNWG of the following described water line easement;
Thence continuing along said East right-of-way line SOoo27'58"W a distance of 20.00
feet to a point;
Thence leaving said East right-of-way line N90000'OQ''E a distance of217~40 feet to a
point;
Thence NOooOO'OO"E a distance of 45.10 feet to a point;
Thence N90oQO'OO"E a distance of 23 .38 feet to a point;
Thence NOooOQ'OO"E a distance of20.00 feet to a point;
Thence N90000'OO''W a distance of 43.38 feet to a point;
Thence SOooOO'OO"W a distance of 45.10 feet to a point;
Thence N90000'OO''W a distance of 197.24 feet to the POlliT OF BEGINNING.
Said easement contains approximately 5716 square feet or 0.13 acres, more or less. and is
subject to all existing easements and rights-of-ways of record or in lise.
Ma~ 09 05 02:59p
Pin n (.~.-,.~ e E n gin e e r s , I n c ..
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EXHIBIT "B"
\\:ATER MAIN EASEl\tIENT "B"
FOR 690 s. INDUSTRY WAY
A \\'ater line easement over, under and across a portion of Lots 9 and 10, Block 1 of
CENTRAL V ALLEY CORPORA TE P ARK NO. 1 SUBDIVISION, as shown on RECORD
OF SURVEY NO. 4357~ recorded as Instrument No. 98079239, records of Ada County,
Idaho, located in the Wl/2 of Section 18, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada COllnty) Idaho and more particularly described as
follows:
Commencing at 5/8 inch rebar marking the Southwest Corner of Lot 1 0, Block 1 of said
RECORD OF SURVEY NO. 43571 also being on the East right-af-way line of s~ Industry
Way, thence along said East right-of-way line NOQo27'58"E a distance of 246.89 feet to
a 5/8 inch rebar, thence along the arc of a curve to the left having a radius of 155.00 feet)
an arc length of33~48 feet, a central angle of 12022'33", and a chord which bears
N54043'23"W a distance of 33.42 feet to the POINT OF BEGINNING of the following
described water line easement;
Thence leaving said East right-of-\'f'ay line N45031 '03"E a distance of 57.40 feet to a
point;
Thence S44028'57"E a distance of 38.04 feet to a point;
Thence N45031 '03"E a distance of20.00 feet to a point;
Thence N44028'57"'W a distance of 58.04 feet to a point;
Tllence 845031 '03"W a distance of 66.60 feet to a point on said East rigllt-of-way line;
Thence along said east light-of-way line and along the arc ofa curve to the right having a
radius of 155.00 feet, an arc length 0[22.. 75 feet, a central angle of 8024 '34", and a chord
v.,rhich bears S16006'58)~E a distance of 22~ 73 feet to the POJNT OF BEGINNING.
Said easement contains approximately 2,195 square feet or 0.05 acres, more or less and
is subject to all existing easements and rights-of-ways of record or in use.
C046355 _water casement b_legal.doc
EXHIBIT "C"
WATER LINE EASEMENTS
LOTS 9, 10, AND 12, BLOCK 1
CENTRAL VALLEY CORPORATE PARK NO. 1
LOCATED IN THE Wl/2 OF SECTION 18,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2005
LEGEND
BOUNDARY LINE
EASEMENT LINE
EASEMENT LJNE
Ease ment ., B'~
Scale: l1t= 1 00'
Lof 9
A
~~&
~ /,'45 \
\.. \ a< .......... \
~~ 0
\.?J /. ~ \,..\ \
".q- , C)",
P.O.B ~~
r:\ ~
Vo'Q
@
P 40.BL [Il
FOUND 5/8H REBAR
POrNT OF BEG~NNING
CALCULATED POINT
\
\
\
\~
~ \ (.1).
z~
I ~\U;;
~ I \.~~ Lof 1 1
< ~..I ~~\~
~ ...~ Lot 1 0 0.\>
~ co ~~~F"
~ N J... ~ ,,;..
"~ "/-
~ BLOCK 1
U)
:::>
~ ~J \
~ %1 \
I '" ~
~2:3~'04tJW ~~~ _ _~ L _ _ ~
P.O.B. ~ N90.00 (JO iV 19 7.24 ~ ~
~ N90.0otJoT 217.401 Easement t-AtJ "1
o
NUMBER
L1
l2
L3
L4
L5
L6
L7
LB
L9
Ll0
L11
L12
(I)
Lot 1 2
CURVE TABLE
NUMBER LENGTH RADIUS DELTA TANGENT CHORD CHORD BRG
C 1 21 .30 1 55.00 752' 26ft 1 O~ 67 21 .28 N03'"2Si, 6MW
C2 12.1 8 1 55400 4~30~ 15- 6.1 0 12418 N09.3gf34 'W
C3 33.48 155~DO 12.2Zt3311 16.61 33.42 N54.43*23"W
C4 22. 75 155~ 00 8.24134 ~ 1 1 .40 22& 73 N 1 6~06t 58~
DETAIL FILENAME:
~ \A_CML \ CO~ 635S\dwg \ Cf:H 6355 _ JoteCe<l semenLexh ibldlig
CREATION DATE:
05-09-05
PINNACLE
Engineers, Inc.
, 2552 W~ Execu live Dr.. Suite a, Boiset Idaho
83713
(208) 887 - 7760
LINE TABLE
LENGTH
18..29
20.00 "
45~ 1 0
23438
20400
43.38
45.10
57440
3B.04
20~ 00
58~04
66~ 60
BEARING
5004027. 5S"W
SOO~271 58~
NOO.00100"E
N90tOO.OO"E
NOO4rOOtOO~E
N90~OO Joo "'W
SOOtOOJOO~
N4-5~31.03~E
544.28 r 5 7ltE
N4S.31.03-E
N441L28~57~
545.31 ~OJ~
DRAWN BY:
HWE
CHECKED BY:
TMD
May 20, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
May 24, 2005
ITEM NO f
5-G
REQUEST Sanitary Sewer Easement and Contract for North Slough Trunk line Project
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH~
NAMPA MERIDIAN IRRIGATION:
SElTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
s.. attached
Contacted:
Emailed:
Date:
Staff In itia Is:
Phone:
Materials presented at public meetings shall become property of the City of Meridian~
May.2U, 2005 8~53AM
NOl9159 p. 2
(
City of MerIdian
Public Works
RECEIVED
t4AY 2 0 2005
City Of Meridian
City Clerk Office
To: Mayor de Weald & City CounQl
From: Karie Glenn
CC: File
Date: 512012005
Re: Proposed Agenda Items for 5124105 City CounCil Meeting
The Public Works Department respectfully requests that the fOllowing items be placed on the
5124105 City Council agenda) on the Consent Agenda, for CoLndl's consideration:
1) Sanitary Sewer Easement and Contract for N Slough Trunk Line Proiect.
Easement being granted to City of Meridian with reimbursement contract..
Recommended Council Action: Approve the reimbursement contract,
accepting the easement and author1ze the Mayor to sign and City Clerk to
attest.
Thank you for your consideration~
. Page 1
MAY 20 , 0S 10: ~l7
tJ~~L fA'}
MaY.ZU. ZUUO ~:bJAM
No.9159
p. 3
(. . ....~
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Ci ty of Meridian
33 East Idaho Street, Meridian, lD 83642
PER1\1ANENT A.ND TEMPORARY EASEMEN-r CON1-R.A.CT
Pruject # and Description: 103083 - North Slo\1~h Sewer Trunk Line
Parcel # and Ovrncr~ 21 R5147490513 Steven C9 and Rebecca Stn;th
Date of Offer; October 26~ 2004
THIS R1GHT-OF~WAY CONTRACT) was made this 15tb day of ~ 2005) between the City of Meridian) acting by it
Mayor and Council, herein Called uCITYu and $tevendlJ.Q .~ep.~~};A.s.J]1~ herein called "GRANTOR--
WI-iEREAS, subject to the terms outlined belowt GRANTOR agrees to deliver to the CITY a P~nnanent Sanitary Sewer
Easement and ~remporary Constnlction Easement included herewith as Exhibit leA... 1"", uA...2....t and l 'B-] 'I,
NOW TIiEREFORa the panies hereto agree as follows:
IIA CITY shaIl pay GRJ\NTOR and the Jitm holder, if any~ such sums of money and/or benefits as arc set out below:
ITEM DESCR1BED
Al~EA
(Ft'
451302
64)033
GROSS VALtJR
($/FC)
$ 0 8]
$ 0 8]
VALUATION
FACTOR
~50%
12%
EASEMENT V A.LUE ($)
$ 18,34i"'.~._.-
6,224
$ 24,571
PermanCll[ Eascrncl1t
Temporary Easement
]"o'rAl" l~ASEMENT CASH SETTLE.t~ENT Al\JIOUNT
B The CITY further agrees to provide (any ocher-provisions that have been agreed [o)foi (!.oJt;-,t' t.h~~11 1;. ".~'.... ~f~f(.,
(IV.. s~ t7Qrt:. k ~ y-re,..t1~~.
2. As set forth in the City of Me.ddia.ll's Easement Acquisition Policy~ tbe Grantor may choose from two options lor just
compensation for both the pennanent and temporary ca.scmtmt as detennined by a ceJ1ified real estate appraiser;
~CaSh Payment* in tIle amount of ";;J '-/ J _aL (rwc,.,,4y -fat,,,, 1t,;)v:.~~#I"4(.1 hk Ih."Jvd ~ St.vC17 .. 0...(. Q,J 10 r 1 ')
g Donation value ofilie easement A.,1 \14 h"t L~ ~(-c.SS o~ :J. YJ >11 fq ~11 '1J1dAW c;lfI~'.s~1 f~ v' <<cl
'Grantor will receive paYlnent for the permanent eaSeIIltnt witrun four weeks following the recording of (he easement by w.~ tIt.
and payment for the temporary construction casement at the expiration of the construction contracl
3_ The Contract shall not be binding unless and until executed by the Mayor and/or lheir autborized representatives. The
parties have herein set out the whole of their agreetnent~ the performance of which conslitutes tbe entire consideration for
(he granting of said easement and shall relieve the CITY of aU further claims or obligations on mat account or on account
of the location, grade, construction and maintenance 0 f the proposed sanitary sewer line..
4 The term of the tenlpoIa:ry easement shall expire when the construction contract te.aminates
5 The parties whose n:lme appear below as Grantors., covenant and \Varrant that they arc the 0 WNERS of the property to
which this documenl applies) are !idJy Duthori7.ed to execute this docunleot and forever bind themselves, their successors
and assigns and [be subject property to [he tenns set forth herein
IN WrrNcSS WEJ~EOF, the pal1[es have executed this contract the day ancJ year first above written
CITY OF MERIDIAN NTORS
~?#~
A;t,.,..
By.
Tammy de Weerd) Mayor
Date~
ATrES'r~ ___-
William Berg~ Ir ~ City CJerk
Date:
Date approve by Council:
l0803S/PIVpClty Owner/04-616 dIe
MRY 20 '0S 1_ VI: 1 7
n r"I.'-' r- ~ ~
MaY.20~ 2005 8~54AM
NOJ9159
p. 4
CITY OF MERIDIAN
660 R~ Watertower, Suite 200
Meridian, Idaho 83642
CONTRACT
PROJEC~r # & DESCRIPTrON City ofMeridian~ Norlh Slough Sewer Trunk Line~ Linder Rd. to Locust qrove Rd.
TI-JIS CONTRAc)", made this day of , 20-, between the City of Meridiall~ acting by its Mayor
and Council, by (he City Engineer or his authorized representative., herein called ({CITY" and SCS Invesrrncnts herein called
"Deve loper"
NOW TI-IEREFORE, the parlics hereto agree as foJlows~
The City agrees to construction with [he North Slough Sewer Trunk Line Projccl4H sewer services that connect to the rnain
Trunk line The Deve}oper agrees to rejmbursc the City fur the cost of this work ($12 per lineal foot). The Developer shall
rehnbursement lhe City within 30 days of se\ver service work completion The Jots shaJJ be provided wilh service as are
attached on Exhibit A
2 The Developer shall provide the City information on the horizonral and vertical location of the 4)) sewer service stubs prior to
the Conlractor receiving the Notice to Proceed
3 Once construction has began, lhe Developer shall be responsible to I1cld locate each service stub ~ocation and verify invcrl
depth~ Jt will be the Developers responsibility to stay sufficiently ahead of the contractors progTess~ The City wHl not be
responsible tor field locating the service lines. The City shall provide a twenty-fool mainline pipe slub al least 8 inches in
diameter to provide future service for the extension of the main line This shall be at the Developer's expense
IN WITNESS WHEREOF.. the pcllties have executed this Contracl the day and year first above \vrinen
CITY of Meridian
DBVELOPER:
Tammy de Weerd, Mayor
By.
By
Date ~
^ TTEST.
William G J3erg~ J r ) City Clerk
By.
Title- ___~...
Date ~
Date ·
Approved By Council.
103083/1 IS erv ice StUb contract
MOV?rA ,Ute:: 11A~10
MaY.20. 2005 8:54AM
No.9159
p~ 5
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NOl9159 p~ 6
EXHIBIT A
SANITARY SEWER EASEMENT
ti-
THIS INDENTURE, effective this E day of May. 2005. by the undersigned Steven C
Smith, and Rebecca B. Smith~ who maintains a mailing address of 1951 S~ Saturn Way.
Suite 1 00, Boise, JD 83709, hereafter referred to as uGRANTOR(Syt for the benefit of the
City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing
address of 33 East Idaho Street Meridian, Idaho 83642, hereafter referred to as &ICilY"
WITNESSETH:
WHEREAS) the Grantor desires to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS. the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS. it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOWt THEREFOREt in consideration of the benefits to be received by the Grantor,
and other good and valuable considerationt the Grantor does hereby give. grant
and convey unto the CITY the right-af-way for the permanent and temporary
construction easements for the constructionl operation and maintenance of a
sanitary sewer line over and across the following descrjbed property.
(SE;E ATTACHED LEGAL DESCRIPTIONS)
The permanent nonexclusive easement hereby granted is for the purpose of
construction and operation of a sanitary sewer line and allied facilitiesl together with
maintenance) repair and replacement at the convenience of the CITY, with the free
right of access to such facilities at any and all times. The easement shall not
include a road access on lot 1 J Block 6 along the sewer easement,
The temporary nonexclusive construction easement is for the purpose of
construction of a sanitary sewer line and related incidental work. The temporary
construction easement shall expire when the construction contract terminates at
which time payment for the temporary construction easement wiJl be sent by
certified mail to the GRANTOR by the CITY,
TO HAVE AN D TO HOLD. the said perma ne nt nonexclusive easement and right-of-
way unto the said CITY. its successors and assigns forever.
14 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and behNeen
the parties hereto, that the CITY. in constructing and in making future
repairst will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairingl replacing or restoring any permanent
building structures) Jarge trees or brush placed within the area
SANITARY SEWER EASEMENTt page 1 Of 3
MAV ~n 'n~ ~~~~~
Mav.20. 2005 8:55AM
No.9159 Pi 7
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described in this easement. The City shaH be responsible for any
landscaping. curb~ gutter, sidewalkt or road improvements in the
easement area. Additionally. the City shall use its best efforts not to
disturb any trees or mature landscaping in its maintenance~
construction, repair or replacement of its use of the easement
THE GRANTOR(S) do hereby covenant and agree that they will not pJace or allow
to be placed any permanent buiJding structures within the area described for this
easement which would interfere with the use of said easement for the purposes
stated herein
THE GRANTOR(S) does hereby covenant with the CITY that he is Ja'NfuHy seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of aJl persons
whomsoever,
IN WITNESS WHEREOF. the parties have hereunto subscribed their signatures
the day and year first hereinabove written
Rebecca B. Smith
By~
'enneth B. Christensen. Attorney-in-Fact
By.
Robert L Phillips} A1torney-in-Fac
SANITARY SEWER EASEMENTt page 2 Of 3
MOV JfA 'DIE::;: 1~.1Cl
On this day of May, 2005) before 111 ) Notary Public,
personally appeared Kenneth B. Christensen, Attorney-in-Fact for Rebecca B. Smith, and to me
persOl1ally known, who being duly sworn, did say that he is, the Attomey-in...Pact for Rebecca 13~
Smith, who executed the wilhin instrument
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STATE OF IDAIIO
MaY~2U. 2005 8~55AM
ST A TE OF IDAI-10 )
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COUllly of Ada
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County of Ada
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No,9159 p. 8
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Notary Public for Id
Residing at:
My Comlnission expires:
On this _ day of May, 2005, before m , 1t:..lS#A-A. t{eOut/;Ya Notary Public,
personally appeared Robert L. Phillips, Attorney-in-l;act for Steven C. Smith, and to nle personally
kllown, who being duly swprn, did say that he is, the Attorney-in-Fact for Steven CL Smith, who
executed the within. u.if.Wment
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Beneficiary,: CITY ~fMERIDIAN
By:
Tammy de Weerd, Mayor
10
ATTEST.
William Berg. Jrl, City Clerk
Date approved by Council-
SANITARY SEWER EASEMENTt page 3 Of 3
MAY 20 '0S 1.VI: 1 g
MaY.20. 2005 8:55AM
No~9159 p~ 9
I/EGAL DESCRIPTION FOR PERMANENT SEWER EASElVIENT
PARCEL # R5147490513
OWNED By Steven C~ Smith and Rebecca Smith
This pennanent sewer lil1e easement is sihlated within tlle SE ~ of Section 30, Township
4 N~ Range 1 E, Boise Meridian. Ada County, State of Idaho~ Being an easement 30 feet
in width, along the following described line with sidelines of said easeJnent shortened or
lengthened to fit tlle grantor's properly Iines~
Commencing at the S ~ comer of Section 30; thence along the Southerly line of
the SE Itf of sC)id Sectiol130) S89044:J3 I HE, a distance of 2632.49 feet to the SE comer of
said Section 30; thence along said southerly line N89044'31 "W a distance of 1246HOl feet
Inorc or less to a point; thence along the westerly line of parcel #R5147 490513
NOoo27'02"E a distance of I 093 14 more or less to the POINT OF BEGINNING
Said casclncnt being 20 feet left and 10 feet right of the following four courses;
Thence N88042' 19uE a distance of 70.77 feet to a point;
Thence N58043'09"E a distance of 101.18 feet to a point;
Thence S34020'08"E a ctistance of 39..89 fcet to a. point;
Thence S62018'4S"E a distance of208.57 feet to a point;
Said easelnent being 10 feet left and 20 feet right of the following two courses;
1"hence N I g05] '32"E a distance of ]44.00 feet to a point;
1~hence N14Q30J40"E a distance of J 86 05 feet to a point;
Said easenlent being 29 feet left and 10 feet right of the fol1owjng two courses;
'rhence S89035'OO')E a distallce of281.80 feet more or less to a point;
Thence S89035'OouE a dislance of 440_00 lnore or less to a point on the easterly
boundary of said parcel, also being END POfNT of this easement description.
The easeJnent described contains 1 04 acres more or less
Basis of Bearing S890 44' 31"E froln the S ~ corner of Section 30 to the SE comer 0 f
Section 30~
See: Exhibit "A ~2"
Exhibit A-l
Dare 5/12/05
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MaY.20. 2005 8;56AM
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No.9159 p. 10
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SE 1/4
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REV. NO.
DESC.
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CITY OF MERIDIAN PUBLIC WORKS
CK'DI
DRA \IN BY' -dtL DA TEl _~^!. E_. 200~ PROJECT.
CKJD BY: --~ SCALE- N~T~S~ NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED:
CITY ENGINEER
LEGALt A PORTJON OF SEC. -~, D\.IG. No! RVJI__~_._.___
T..1-N._ R.,1.E"t 8. M.) ADA COUNlY.
DATE IDAHO~ SHEET 1 OF ~
MOY ~~ ,~~ 1~.1a
EXHIBIT A-.r2
May i 2 O. 2 005 8 : 5 6 AM
No.9159 p. 11
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NG N89"44JJ 1-W 2632t49t SEcnON UNE SEe I ~
SECTION 30 T.4N., R.IE., H.M.
SE 1/4
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CITY OF MERIDIAN PUBLIC WORKS
DRA Y1N BY] _J1Q. DA TEl -Y_A1. 11_, 2.00~ PROJECTI
Cf</D BYJ --~ SCALEJ N.T.S. NORTH SLOUGH SANITARY SEWER TRUNK
APPROVED! LEGALI A PORTION OF SEC~ _~I D'vIG. NOJ R'W.__t_l_t___
T..1.N.., R,..LE~t B.M~t ADA COUNTY.
CITY ENGINEER DATE IDAHO.. SHEET 1 OF 2
EXHIBIT B-1
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May 20,2005 Department Reports
MERIDIAN CITY COUNCIL MEETING May 24, 2005
APPLICANT Mayors Office ITEM NO. 6.A.l
REQUEST Proclamation - American legion Poppy Day - May 28,2005
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meeffngs shall become property of the City of Meridian.
May 20, 2005
MERIDIAN CITY COUNCIL MEETING May 24,2005
APPLICANT A ttorneyls Office -- Bill Nary
REQUEST Boise City Prosecution Presentation
(
(
Department Reports
ITEM NO.
6.. B-1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DE?T:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
?(.-es~V'-\-L ~
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become properly of the City of Meridian.
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May 20 J 2005
MERIDIAN CITY COUNCIL MEETING May 24,2005
APPLICANT Park's Department - Doug Strong
REQUEST Naming of Park Located in Champion Subdivision
Department Reports
ITEM NO~
6-C- 1
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WESf:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER:
See attached
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
(, :.:... ..
UI=CEIVEn
ill ~ 1~ . ~~.f^
MAY 17 2005
To:
Mayor and City Council
City of Meridian
City Clerk Office
CC:
Will Berg
From:
Doug Strongr Director
Date:
May 16, 2005
Re:
Naming of Park Located in Champion Subdivision
During the May Parks and Recreation Commission meeting the naming of Champion
Subdivision Park was-discussed along with the recommendation of names from the
park naming committee. After a lengthy discussion the Parks and Recreation
Commission approved to name the park located in Champion Subdivision
('Champion Neighborhood Parl{J and recommended the new park name to be sent
forward to the Mayor and Council for their approval.
The Parks Staff is requesting this item be placed on either a Pre-Council agenda or
as a Department Report for discussion at the May 24th meeting. The Staff Summary
of the Parks and Recreation Commission is attached to be forward to City Council for
approval.
page 1
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STAFF SUMMARY
OF
PARKS AND RECREATION COMMISSION
RECOMMENDATION TO CITY COUNCIL
V'A {J L~
\- P ~ '
Applicant:
P&R Commission Meeting Date: S --. 11- DS"
:'\. '1\ \ ~ \ \ _ ~ \\ 1,
\ ~: "\ \JJL"-S\t\yj tw \\bt) (\ \-' ~
Summary of Public Hearing:
· NJf}
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.
Key Commission Changes to Staff Recommendation:
· -)\J I .PI
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Outstanding Issues for City Council:
. )\}/~
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APPROVED~. -
U
Andee Stockton, President
., · en!
C l'{~ S+~eJ '€... I ~O(y\I'Y\~.sS JA DY\~.r
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-L to C-G
zone and a Conditional Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-05-004, CUP-05-012
For the City Council Hearing Date of: May 24 2005
A. Findings of Fact
1 ~ H earing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public llearing, the first publication appearing and written n.otice
mailed to pro.perty owners or purchasers of record within three hundred feet (300')
of tIle external boundaries of the property~ The notice of public hearing before the
City Council was posted upon the property under consideration .more than one week
before said hearing. All other noticing was done consistent witll Idaho Code ~67-
6509 .
T.he matter was duly considered .by the City Council at the May 24,2005, pu.blic
.hearing(s)~ The applicant, affected property owners, and government subdivisions
providing services within tIle planning jurisdiction. of the City of Meridian were
given full o.pportunity to express comments and submit evidence.
b~ Written and oral testimony was received on this matter, as reflected in tIle records
of the City Clerk (for w.ritten testimony) and in the official meeting .minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a .public hearing and issued a
written recommendation on the subject .matter to the Ci.ty Council.
d~ The City Council .heard and took oral and written testimony and duly considered the
evidence and the record in this Inatter~
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code 9~ 11-15-5 and 11-17-5 as
evide.nced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report~
3 ~ Ap:plication and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUS.lONS OF LAW AND DECISION & ORDER
CASE NO(S)o RZ-OS-004, CUP-OS-OI2 - PAGE J of4
f
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a. In addition to the applicatio.n and property facts noted in tIle staff report and the
PlalU1ing & Zoning Recommendation for the subject application(s), it is l1ereby
verified that the pro.perty owner( s) of record at the time of issuance of these
findings are VI Joint Ventures, Ronald Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit C for the findings required for each type of application.
B~ Conclusions of Law
1. The City of Meridian shall exercise the powers cOl1ferred upon it by the "Local Land
Use Planning Act of 1975," codified at Cllapter 65, Title 67, Ida.ho Code (I.C.. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Develo.pment Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian l1as, by ordinance, established the
Impact Area and the Amended Comprehe.nsive Plan of the City of Meridian, which was
adopted. August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Coun.cil pursuant to Meridian City Cod.e
S 11-17-9.
4. Due consideration has .been given to tIle comment(s) received from tIle govenunel1tal
subdivisions providing services in the City of M erid:i an planning jurisdiction.
5. It is found public facilities and services required by the pro.posed d.evelopment will not
impose expense upon the public if the attached. conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, Wllich
sllalI be signed by the Mayor and. City Clerk and tllen a copy served by the Clerk u.pon
tIle applicant, the Planning and Zoning Department, the Public Works .Department and
any affected party requesting :notice.
7. Tllat this approval is subject to the Legal Description in Exhibit A, tIle Site Plan Dated
January 10, 2005 as shown in Exhibit B, and Site Specific and Standard Conditions of
Approval in Exhibit E.
c~ Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact w.hich are herein ado:pted, it is here.by
ordered that:
l~ The applicant's reZOl1e as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved; and
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER
CASE NOeS). RZ-OS-004, CUP-OS-O 12 - PAGE 2 Of 4
2. The site specific and stal1dard conditions of approval are as shown in Exhibit D.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval ofth.e prelilninary :plat, the owner or
developer shall have one year within which to file the request for approval of the fi.nal
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction. of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Actio.ll and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner Inay
request a regulatory taking analysis~ Such req.uest must be in writing, and must be filed.
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue~ A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67 -6521 an affected person being a person who .has
an interest in real.property which may be adversely affected. by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Ex.hibit A: Legal Description - Survey
Exhibit B: Approved Rezone Map/Site Plan
Exhibit C: Findings Zoning/Rezone
Exllibit D: Findings Conditional Use Permit
Exhibit E: Standard and. Site Specific Conditio.fis of Ap.proval
By actio.n of the City Council at its regular meeting l1eld on the 2\j}~
, 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~
COUNCIL MEMBER. CHARLIE ROUNTREE
VOTED
CITY OF M.ERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISION & ORDER
CASE NO(S). RZ-OS-004; CUP-OS-012 - PAGE 3 of4
COUNCIL MEMBER KEITH BIRD
VOTED 1(1 l>L__
MAYOR TAMMY de WEERD
(TIE BREAKER)
~
VOTED
Attest:
By:
Dated: '6-l-oC;
CITY OF MERIDIAN FlNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER
CAS E NO(S)~ RZMOS-004, cu.r-OS-O 12 - PAGE 4 Of 4
EXHIBIT A
Ulmer, Ruth and Jeff
CUP-05-028, RZ-05-002
Legal Description
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Colleen Marks:, L..S.. 7045 · 6405 Ustick Road · Boise, Idaho 83704
Phone: (20B) 378--7703 · Fax: (208) 378..7759 · Email: marksls@velocitus..net
llliZONE DESCRIPTlON FOR
JEFF A1'lD RUTH V.LMER
A parcel of land being the Nl/2 of Lots 7 and 8~ Block l:t Cottage Home Addition~ as
recorded in Book I of Plats at Page 42, records 0 f Ada County:! Idaho) and portions of
E~ Fifth Street and E. State Avcnuc~ said parcel lying in the NWl/4 of See lion 7, rC3.N.,
RJE., Boise Meridian, Cily of Meridian) Ada CountYt Idaho~ said parcel being more
particularly described as follows;
ConmJcncing at a found Brass Cap marl-ing the centerline intersection ofE. Pine Avenue
and E. Fifth Street; thence N.OOoOS' 11 ;'E~ 236.13 feet along the said centerline of
E. Fifth Street to a poinlluarking the REAL POINT OF BEGINl\TJNG;
thence continuing N.OOCl08'11'JE. 100.06 feet along the said centerline of E. Fifth StrC:Cl
to a found Brass Gap marking the cenlerline intersection of said E. .Fifth Street and
E, State Avenue;
thence N~890 13'52uE_ 141.28 feet along the said centerline ofE. State Avenue to a point;
thence S.Ooo08'48"W. 40.01 feet to a set 1/211 iron pin lying along the southerly right of
way of said E. State Avenue and marking the 1\11 Comer of said Lot 8, Block 1, Cottage
l-IoInc Addi tion,
{hence continuing S.Ooo08'48"'\V. 59.98 feet along the easterly boundary of said Lot 8~
Block 1) Cottage Home Addition to a set J/2t' iron pin;
thence 8.890 12'OO"W. 141.27 feet to the point ofbcgilming, containing 0.32 acres" more
or Jcss+
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EXHIBIT B
Ulmer, Ruth and Jeff
CU.P-05-028, .RZ-OS-002
Site Plan
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EXHIBIT C
Ulmer, Ruth and Jeff
CUP-05-028, RZ-OS-002
Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1. The legal d.escription submitted with the applicatio.n is accurate and meets tIle
requirements of the City of Meridian and State Tax Commission~
2. The su.bject property is within the Urban Services .Planning Area.
3. A Development Agreement will not be necessary with this rezone~ All co.nditions
of approval will.be made as part of the Conditional Use Permit.
SITE SPECIFIC CONDITIONS O:F APPROVAL (CUP)
1. The applicant shall widen the drive aisle to twenty-five feet (25') and shift the
parking spacing correspondingly to the east
2. The applicant shall work with Planning and Zoning staff to receive ap.proval of
reduced land use buffers through Alternative Compliance (MCC 12-13-8). The
applicant shall be required to install a six foot (6') solid fence along the south and
east prope.rty Iines~ In addition, the ap..plicant shall provide two (2) additiona]
trees on along the south property line and one (1) additional tree along the east
property line.
3. The applicant sIlal1 .be required to .provide two (2) additional trees along the north
:property line in conformance with MCC 12-13-10.
4~ The applicant s.hall be required to submit a recorded copy of a License Agreement
with the Ada County Highway District which allows the placement of .paving and
landscape materials within the right of way prior to issuance of a Certificate of
Zoning Compliance for the property~
5. No freestanding signs are proposed for this project and none are approved. The
proposed wall sign will require a separate sign .permit and shall conform to the L-
a standards in the zoning ordinance (Table C, of MCC 11-14-1 O)~ The proposed
directional sign to be located at the front entrance to the building is approved as
proposed and does not require a sign permit, provided it adheres to the
stipulations outlined in MCC 11-14-9~C.l~ All signage shall .be in accordance
with the standards set forth in this report and Section 11-14 of the City Zoning
and Development Ordinance.
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6. The building and site ilnprovelnents shall be constructed per the ap.proved plans
with all modifications required. .by tllis application.
7. The applicant shall revise the site/landscape plan to show the requested
modifications, and submit 10 copies of the revised plan to the City Clerk's office
at least 10 days prior to the next public hearing on this application.
8~ Meridian City Code requires that this site be served with an automatic
.underground irrigation system. Use of .non-potable irrigation water is required
when determined to be available .by the City Public Works Department as
regulated by City Ord.inance 9-1-28.
9. Sanitary sewer and water service sllaIl be from the city of Meridian's existing
systems adjacent to the site. Upgrading of existing service lines may be necessary
to provide a level of service different from a residential use. The applicant to
coordinate this with City of Meridian Public Works D~partlne.nt.
'1 O. The applicant s11alI design any new surface improvements so that all stonn
drainage shall be retained on site~ A drainage plan, including drainage
calculations, designed by a State of Idaho licensed architect or engineer is
req.uired and s.hall be S"ubmitted to the City Engineer (O.rd. 557, 1 0-] -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 Meridiap. standards and policies. Off-site disposal into a surface water is
prollibited unless the jurisdiction which has authority over the receiving stream
provides written autllorization prior to development plan approval. TIle applicant
is responsible for filing all necessary ap.plications with the Idaho Department of
Water Resources regarding Shallow Injection Wells4
11. The 110urs of operation of the business shall be limited to 6:00 am to 10 pm daily.
12. TIle Co.nditional Use Permit is granted only to the current ap.plicant and shall
become null and void upon transfer of the property.
STANDARD CONDITIONS OF APPROVAL
1. This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
2. All 90 degree parking stalls s11a11 be at least 9 feet wide and 18 feet long per
Ordinance 11-13-4~F. All drive aisles adjacent to parallel parking shall be at least
25 feet wide~
3. All parking and drive aisles sllall be paved for all .uses, in compliance with the
sublnitted plans. Handicap parking spaces shall be signed and striped in
('. .
CO.1TI.pliance with Federal accessibility guidelines.
4. All exterior lighting, wlletller attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spillover onto adjacent properties or right-of-waY9 All parking lot lighting shall
be in accordance with Ordinance 11-13-4C.
5.. All construction and site improvelnents shall conform to the requirements of the
Americans with Disabilities Act and the ado.pted building and fire codes.
6. Certificate of Occupancy: All required ilnprovements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
form of a letter of credit or cash in the amo.unt of 110% of the cost of tIle required
im.provements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
7. The applicant sIlal1 be :required. to pay Public Works development plan review,
and construction inspection fees, as determined. during the plan review process.
Fire .Department Comment:
1~ One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project Fire hydrants shall be
placed an average of 500' apart International Fire Code Appendix C
2~ Acceptance of tIle water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 'i'2" outlet face the main street or parking lot
aisle.
b.. The Fire hydrant shall not face a street which does .not have addresses on
it.
c. Fire hydrant .markers shall be provided. .per Public Works spec.
d~ Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location~
e. Fire Hydrants s.hall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 1 0' ~
g. Fire hydrants sllall be place 18" above tinisll grade.
h. Fire hydrants shall be .provided to meet the requirelnents of th.e IFC
Section 50995.
49 All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section. DI 03~6 Signs.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required .before cOlnb.ustible construction is brought on
si te.
7. COlTIlnercial and office occu.pancies will require a fire-flow consistent with the
International Fire Code to service the proposed project Fire hydrants shall be
placed per Appendix D.
8. Maintain a s~paration of 5' from the building to the dUffi.pster enclosure.
9 · Provide a Knoxbox entry system for the complex prior to occupancy.
10. All aspects of the .building systems (including exiting systems), processes & storage
.practices shall.be required to com:ply with th.e International Fire Code.
11 ~ Provide exterior egress lighting as required by the International .B.uilding & Fire
Codes.
12. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is m.ore than 400 feet (122 m) from a hydrant o.n a fire
apparatus acces~ road, as measured by an approved route around the exteri.or of the
facility or building, on-site fire .hydrants and. mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accord ance with Section 903 ~3 .1. 1 or 9 03 ~ 3.1.2 the
distance requirement shall.be 600 feet (183).
a. For Group R-3 and Gro.up U occupancies, the distance requirement shall be
600 feet (183 :m).
b. For buildings equip.ped throughout with. an approved automatic sprinkler
system installed in accordance with Section 903.3~ 1.1 or 903.3..1.2, the
distance requireJ.nent shall be 600 feet (183 m).
Sanitary Services Comllanv Comment:
1 ~ Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance ~pplicatio.n.
Parks & Recreation Department Comment:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
establisl1ed in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
Police Department Comment:
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Cllief and/or .Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, front porches, and adequate nighttilne lighting. The site plan
an.d/or landscaping plan shall be revised in accord with those discussions.
2. T.he east fayade shall .be tn.odified to include windows that look onto the parking
areas an.d/or other public areas.
3. The .proposed landscaping creates a l1iding s.pot. The applicant s.halI submit a
revised landscaping .plan th.at affords greater visibility of the area from public
areas such as a street or parking lot
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EXHIBIT D
Ulmer, Ruth and Jeff
CDP-05-028, RZ-05-002
Required Findings
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particltlar facts and circumstances of each
proposed zoning amendment in terms of the following standards and shalljind adeqttate
evidence answering the following questions about the proposed zoning amendment (1 J-
15-11)6'
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
City Council finds that the requ.ested Old Town (0- T) zoning designatio.u is in
accord witll the Comprehensive Plan's .Future Land Use Map, which delineates
the subject property as "Old-Town"~ The text of the Comprehensive Plan (page
99) supports a variety of uses in the 0- T zone, including offices.
B. Is the area .included in the zoning amendment intended to be re-zoned in the
future;
City Council finds that the proposed re-zone and accom.panying development
plans comply with the requested zone and staff does .not anticipate tllat the
property will be rezo.ned in the future.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
City Council finds that the applicant has submitted detailed development plans for
a Conditional Use Pennit for the property~ City Council further finds that the
proposed office/retail use will only be allowed with the approval of a Conditional
Use Permit in th.e proposed O-T zone.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
City Council finds that the City's Comprehensive Plan has provided the applicant
with the ability to request the O-T zone for the subject property. Much of
dow.ntown Meridian has already redeveloped to a mix of residential, office, and
commercial uses, which is the intent of the Old Town zoning district The nearest
properties zoned O-T are ~pproximately two blocks to the west along State Street
and currently contain residences. The closest properties wl1ich are zoned O-T and
being used for non-residential uses are approximately two blocks west and one
t.
r. .
block south, tIle intersection of E. Pine Avenue and E. 3rd Street The area
immediately surrounding tIle property is zoned residential, and rezoning the
subject property to 0- T will be a "spot Z011e" until other properties in. tIle area are
rezoned~ It is anticipated, however, that the zoning of the area immediately
surrounding this property will change in the future in accordance with the "Old
Town" COlnprehensive Plan designation.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance w.ith the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
City Council finds that the proposed development may change the existing
character of the neighborhood, but is appropriate witll the intended character of
the "Old Town" designation of the 2002 Comprehensive Plan Future Land Use
Map. The area immediately surrounding the pro.perty is residential in appearance
and character, and the addition of an office .use with the associated. off-street
parking and traffic it generates could cllange the existing character of the
neighborhood. It:is anticipated, however, that the character of tIle area
immediately surrounding this :property will change to a mix of residential, office,
and. retail uses in the future in accordance with the "Old Town" Comprehensive
Plan designation.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
City Council finds that the requested rezone should not be disturbing to existing
or future neighboring uses. Through the camp .plan process, the City determined
that cOIn.pact, intill development is ap.propriate for the area. Any future change of
use on the property that may have a significant impact on the surrounding
properties will require conditional use approval under current ordinances, and
adjoining pro.perty owners will have an opportunity to comment
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
City Council finds that the proposed. uses can be adequately served by all essential
public services and facilities. Drainage will need to be retained on site.
H. Will not c.reate excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
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City Council finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services~ Additionally, staff
finds t11at the proposed rezone would not be detrimelltaI to the economic welfare
of the community.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smol{e, fumes,
glare or odors;
City Council finds that the proposed 0- T zoning designation of the property does
not inherently allow uses that will generate activities, processes, materials,
equipment, and conditio.ns that are detrimental to the general welfare of the
community~
J. Will have vehicular approaches to the property which shaD be so designed as
not to create an interference with traffic on surrounding public streets;
City Council finds that the proposed Q-T zoning will not interfere with general
traffic .patterns on any public streets. Please refer to the ACHD staff report for a
full report on traffic issues.
K. Will not result in the destruction, loss or damage of a .natural or scenic
feature of major importance.
City Council finds that no natural or scenic features will be lost or damaged by
the project
L. :Is the proposed zoning amendment in the best interest of the City;
City Council finds that the proposed rezone would be in the best interest of the
City by allowing a property owner to ma.ke improvements to tIle property for re-
develo.pment that would otherwise not be allowed without the rezone~
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The applicant is proposing 2,412 s..f. of office space. Ordinance requires one (1)
off-street parking space per 400 s.f. for professional offices, thus, the project
requires six (6) spaces for the office use. Six (6) spaces are provided per the site
plan~ Staff is aware that the structure has a basement which is includ.ed in. the
2,412 square feet of proposed office space. The submitted site .plans show a
twenty foot (20') wide drive aisle adjacent to tIle parking spaces to the east of the
structure. MCC 11-13-4.F requires a twenty-five foot (25') drive aisle adjacent to
all parking spaces~ The applicant should .be required to widen the drive aisle to
twenty-five feet (25') and shift th.e parking spacing correspondingly to the east.
This reduces the width of the planter along the east property line to two feet (2 '),
which is discussed below~
Due to site constraints and the required parking space and drive aisle d.imensions
per Meridian City Code, the ap.plicant cannot meet the requirements for a five foot
(5') landscape strip adjacent to parking areas or the required land use buffers.
The required land use buffer between the proposed office use and the residences
to the south. and east is twenty feet (20').. Meridian City Code requires that within
three (3) years, sixty percent (60%) or lTIOre of the vertical surface within the land
use buffer is to be closed by vegetation, preventing the passage of vision tllfoug.h
it This requireme.nt can be reduced to one (1) tree :per thirty-five feet (35') if a
solid six foot (6') fence is provided. The applicant can only provide
approximately two feet (2') of width due to site constraints and required parking
located along the east property line and can only provide seven feet (7') to the
south due to the location of the existing structure. Staff wo.uld SU,pport reduction
of these required buffers through Alternati ve Compliance (MCC 12-13-8), and
recoluluends that the applicant should be required. to install a six foot (6') solid.
fe.nce along the south and east property lines. In addition, the ap..plicant sho.uld
provide two (2) additional trees on along th.e south property line and one (1)
additional tree along the east pro:perty line.. The planter area between the parking
lot and the east property line is too narrow for any trees, so staff reco.mmends
placing the required additional two trees as follows: 1. Move tIle Flowering Pear
tree draw.n in the southeast corner of the parking lot approximately nine feet (9')
to the east and add an additional tree of similar size in the area between the
Flowering Pear and the east .property line; a.nd 2~ Add an additional tree
approximately on the north pro.perty line, adjacent to the northernmost parkil1g
space.
City Council finds that the su.bject property, as depicted, is large enougll to
accommodate the required parking, open spaces and landscaping required by the
ordinance for an office use, as long as the buffers between land uses are approved
under altern.ative co.mpliance.
c. That the proposed use and developme.nt plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehe.nsive Plan Land Use Map designates the property as Old
Town. City Council finds that if the Inodifications required in this report are do.ne,
(/00.. .
the application. will meet the :requireme.nts of the Zoning Ordin.ance. See items A
and. C under the Zoning Atnendmellt Analysis.
D. T.hat the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
City Council finds the design concept to be compatible with the .intended
character of the area. See item E under the Zoning Amendlnent Analysis.
E. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that the proposed development will not have an adverse impact
on the surrounding pro.perty~
F. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
See comments under tIle Zoning Aluendment Analysis item G.
G. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See comments under the Zoning Ame.ndment Analysis item H~
H. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive .production of
traffic, noise, smoke, fumes, glare or odors;
See comments under the Zoning Atnendment Analysis item I.
I. That the proposed use w.ill have vehicular approaches to the property which
shall be so designed as not to create an interference w.ith traffic on
surrounding public streets;
See comments under the Zoning Amendment Analysis item J.
J. That the proposed use w.ilI not result in the destruction, Joss or damage of a
natural, scenic or historic feature considered to be of major importance..
(
See COlnments under the Zoning Atnendment Al1alysis item K~
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-L to C-G
zone and a Conditional Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-OS-004, CUP-05-012
For the City Council Hearing Date of: May 24 2005
A. Findings of Fact
1 ~ Hearing Facts
a~ A notice of a pu.blic hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first pu.blication ~p.pearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property~ The notice ofp1iblic hearing before the
City Council was posted upon. tIle property und.er consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509~
The matter was d.uly considered by tIle City Council at the May 24,2005, public
hearing(s). The applicant, affected property owners, and goverrunent subdivisions
providing services within tile planning jurisdiction of tIle City of Meridian were
given full opportunity to express comments and submit evidence~
b~ Written and oral testimony was received on this matter, as reflected :in the records
of the City Clerk (for written testimony) and in the official meeting nlinutes (for
oral testimony).
c~ The Planning and Zoning Commission conducted a .public hearing and issued a
written recomm.endation on the su.bject matter to tIle City Council~
d. The City Council heard and took oral and. written testimony and duly considered the
evidence and the record in this matter~
2~ Process Facts
a~ There has been compliance W.itll all notice and hearing req.uirements set forth in
Idaho Code g67-6509, 6512, and Meridian City Code S~ 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. Application and. Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ-05M004, CUP-OS-OI2 - PAGE I of4
(" .
a. In addition to the application and pro.perty facts noted in the staff report and the
Planning & Zoning .Reconlmendation for the subject ap.plication(s), it is h.ereby
verified that the property owner( s) of record at the tilue of issuance of these
findings are VI Joint Ventures, Ronald Van Auker~
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exllibit C for th.e findings requ.ired for each type of application.
B~ Conclusions of Law
1. TIle City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," cod.ified at Chapter 65, Title 67, Idaho Code (I~C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Develop:ment Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereot: The City of Meridian. has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of tIle City of Meridian, which was
adopted August 6,2002, Resolution No~ 02-382 and Maps.
3. TIle conditions shall be reviewable by tIle City Council.pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subd.ivisio.ns .providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the pro.posed development will not
impose expense upon the public if the attached conditions of ap.proval are imposed~
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk u.pon
the applicant, the Planning and Zoning Department, the Public Works Departme.nt and
any affected party requesting notice.
7~ That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
January 10,2005 as shown in Exhibit B, and Site Specific and Standard Conditions of
Approval in EX]libit E~
c. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. TIle ap.plicant's rezone as evidenced by having submitted the Survey and Legal
Description i.n Exhibit A is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & a.R.DER
CASE NO(S). RZ-OS-004, CUP-OS-O 12 - .PAGE 2 Of 4
2~ The site specific and standard conditions of ap:prova] are as shown in Exhibit D~
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of tIle prelimin.ary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat After ap.proval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
tllose public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Ow.ner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final d.ecision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time per.iod within whic.h a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person WllO 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 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A: .Legal Description - Survey
Exhibit B: Ap.proved Rezo.ne Map/Site Plan
Exhibit C: Findings Zoning/Rezone
Exhibit D: Findings Conditional Use Permit
Ex.hibit E: Standard and Site Specific Conditions of Approval
By action of the City Council at its regular meeting held on tIle
:Jl ~ \ LJ ' 2005.
b~
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED 110,-
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~Q o-'}
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED l~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-OS-004, CUP-OS-O 12 - PAGE 3 Of 4
COUNCIL MEMBER IZEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAI(ER)
~
VOTED
Attest:
\uJJY\ ~
William G. Berg, Jr., City Clerk~
~
Copy served upon Applicant, The P
and City Attorney.
By:
Dated: ~-l-()C;
CITY OF MERIDIAN FIN.DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER
CASE NO(S). RZ-OS-004, CUP-OS-012 - PAGE 4 of4
EXHIBIT A
Ulmer, Ruth and Jeff
CUP-05-028, RZ-05-002
Legal Description
~~kS
LAND~
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I ~J.cnNG r~1
Colfeen Marks, L~S. 7045 · 6405 Ustick Road · Boise, Idaho 83704
Phone: {20B} 378-7703 · Fax: (208) 378..7759 . Email: marksls@veloc;tus..net
({EZONE DESCRIPTION FOR
JEFF Al'lD RUTH ULMER
A parcel orland being the Nl/2 of Lots 7 and 8~ Block 1,. Cottage HOOIC Addjtion~ as
recorded in Book .1 of Plats at.Page 42, records of Ada County) Idaho, and portions of
E& Fifth Street and E. State Avcnuc~ said parcel lying in the NWl/4 of Section 7) T~3N~,
R~ 1 E., Boise Meridian. City of Meridian) Ada CountYt Idaho, said parcel being morc
particularly described as foHows:
Conuncncing at a found Brass Cap marking the centerline intersection of E. Pine Avenue
and E. Fifth Street; thence N.Ooo08' 1 ] HE~ 236.13 feet along the said centerline of
E. Fifth Street to a po.int marking the REAL POINT OF BEGlNl'ITNG;
thence continuing N.Ooo08"11 HE. 100.06 feet along lhe said centerline of E. Fifth Stre-el
lo a found Brass Cap marking the centerline intersection of said E. Fifth Street and
E, State Avenue;
Ihcnce N.89013~52~'E. 141.28 feet along the said centerline orE. State Avenue to a point;
thence S~00008t48nw. 40.01 feel to a set 1/2u iron pin lying along the southerly right of
'Yay of said E. State Avenue and marking the 1\:":8 Corner of said Lot 81 Block I, Cottage
.I-Ioln c Addi ti on,
thence continuing S.Ooo08'48HW_ 59.98 feet along the easterly boundary of said Lot 8~
Block 1, Cottage Hoole Addition to a set 1/2U iron pin;
thence S.89012'OOuW. 141.27 feet to the point of beginning, containing 0.32 acres, more
or Jess.
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EXHIBIT B
Ulmer, Ruth and Jeff
CUP-OS-028, RZ-05-002
Site Plan
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EXHIBIT C
Ulmer, Ruth and Jeff
CUP-05-028, RZ-05-002
Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1 ~ The legal description subln.itted with the ~pplication is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. The subject property is witllin the Urban Services Planning Area.
3. A Development Agreement will not be necessary with this rezone. All conditions
of approval will be made as part of the Conditional Use Permit
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. The applicant sIlalI widen the drive aisle to twenty-five feet (25') and. shift the
parking spacing correspondingly to the east
2. The applicant shall work with Planning and Zoning staff to receive approval of
reduced land use buffers through Alternative Compliance (MCC 12-13-8)~ The
ap.plicant shall Qe required to install a six foot (6') solid fence along the south and
east pro.perty lines. In ad.dition, the ap.plicant shall provide two (2) additional
trees on along the south property line and one (1) additional tree along the east
property line.
3~ The applicant shall be required to provide two (2) additional trees along the north
property line in co.n.formance with MCC 12-13-10.
4. The applicant shall be required to submit a recorded copy of a License Agreement
with the Ada County Highway District which allows the placement of.paving and
landscape materials within the rigllt of way prior to issuance of a Certificate of
Zoning Compliance for the property.
5. No freestanding signs are proposed for this project and none are approved~ The
:proposed wall sign will require a separate sign permit and shall conform to the L-
a standards in the zoning ordinance (Table C, of MCC 11-14-1 0). The proposed
directional sign to be located at the fro.ut entrance to the building is approved as
proposed and does not require a sign permit, provided it adheres to the
stipulations outlined in MCC 11-14-9.C.l. All signage shall be in accordance.
with the standards set forth in this report and Section 11-14 of the City Zoning
and Development Ordinance4
(.
6. TIle building aJld site improvements s.hall be constructed per the approved .plans
with all modifications req.uired by this application.
7. The applicant sIlall revise th.e site/landscape .plan to show the requested
modifications, and submit 10 copies of the revised plan to the City Clerk's office
at least 10 days prior to the .next public hearing on this application.
8~ Meridian City Code requires that this site be served wit11 an automatic
underground irrigation system. Use of non-potable irrigation water is required
whe.n determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28~
9. Sanitary sewer and water service shall be from the city of Meridian's existing
systems adjacent to the site. Upgrading of existing service lines :may be TI.ecessary
to :provide a level of service different from a residential use. The applicant to
coordinate this with City of Meridian .Public Works Department.
10. The applicant shall design any new surface improvements so that all storm
drainage shall be retained o.n site. A drainage plan, including drainage
calculations, designed by a State of Idaho licensed architect or engineer is
required and s.hall .be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal shall be design.ed in
accordance witl1 Department of Enviromnental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridiap standards and po.1icies~ Off-site disposal into a surface water is
prohibited u.nless the jur.isdiction 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 Sllallow Injectio.n Wells.
11~ The hours of operation of the business shall be limited to 6:00 am to 10 pIn daily.
12. The Conditional Use Permit is granted only to the current applicant and shall
become null and void upon transfer of the .property.
STANDARD CONDITIONS OF APPROVAL
1. Tllis conditional use permit sIlall .be subject to tIle expiration provisions set forth
inMCC 11-17-4.B.
2~ All 90 degree parking stalls shall be at least 9 feet wide and 18 feet long per
Ordinance 11-13-4.F. All drive aisles adjacent to parallel parking shall be at least
25 feet wide.
3. All parking and drive aisles shall be paved for all uses, in compliance with the
submitted plans~ Handicap parking spaces shall be signed and striped in
('. ...
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cOlnpliance with Federal accessibility guidelines.
4. All exterior lighting, whether attached to the building or located within the
parking lot, sIlalI be down-sl1ielded or otherwise altered so that the light does not
spillover onto adjacent properties or right-of-way. All parking lot lighting s]laII
be in accordance with Ordinance 11-13-4C.
5. All construction and site ilnprovements shall conform to the requireme.nts of the
Alnericans with Disabilities Act and the adopted building and fire codes.
6. Certificate of Occupancy: All required improvements must be cOlnplete prior to
obtaining a Certificate of Occu:pancy for the pro:posed development A temporary
Certificate of Occupancy may be obtained. by providing surety to the City in the
form of a letter of credit or cash in the amount of 11 0% of the cost of the required
im:provements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
7. The applicant shall he required to pay Public Works development plan review,
and construction ins.pection fees, as determined during the plan review process.
Fire Department Comment:
1 ~ One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 :hours to service the entire project Fire hydrants shall be
placed an average of500' apart International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for .bacteria
testing.
3. Final Approval of the fire .hydrant locations shall be by the Meridian Fire
Department
a~ Fire Hydrants shall have the 4 'i1" outlet face tIle main street or parking lot
aisle~
b. The Fire hydrant shall not face a street Wl1ich does not have addresses on
it
c~ Fire l1ydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants sIlalI be .placed on comers wIlen spacing .permits.
f4 Fire hydrants shall not l1ave any vertical obstructions to outlets within 1 0' .
g~ Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Sectio.n.509.5.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with A.ppendix D Section DI03~6 Signs.
6~ Operatio.nal fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before com.bustible construction is brought on
site.
7~ Commercial and office occupancies will require a fire-flow consistent with the
lnternatio.nal Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D~
8. Maintain a separatio.n of 5' from the building to the d.umpster enclosure~
9 · :Provide a Knoxbox entry system for the complex prior to occupancy.
10~ All aspects of the building systems (in.eluding exiting systems), processes & storage
:practices shall be required to comply with tIle International Fire Code~
11. Provide exterior egress lighting as required by the International Building & Fire
Codes.
12~ Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus acces~ road, as measured by an ap.proved route around the exterior of the
facility or building, o.n-site fire hydrants and mains shall be provided where required
by the cod.e official For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3~ '1 ~2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3~ 1.1 or 903.3.1.2, the
distance requirement s]lall be 600 feet (183 In).
Sanitarv Services Company Comment:
1.. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans witll your certificate of zoning
compliance application.
Parks & Recreation Department Comment:
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2~ Standard Plan for Protection of Existing Trees duril1g Construction: TIle standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
Police Department Comment:
1 ~ The pro.posed developm.ent and/or plat do not offer natural surveillance
opportunities of the public areas~ Prior to the next public hearing, the applicant
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
o.n the public areas, front porches, and adequate nigl1ttim.e lighting~ The site plan
and/or landscaping plan shall.be revised in accord with those discussions.
2~ The east fac;ade shall be modified to include windows that look onto the parking
areas and/or other public areas~
3. T.he proposed landscaping creates a hiding spot. The a.pplicant shall submit a
revised landscaping plan that affords greater visibility of the area froIn public
areas such as a street or parking lot
/~. .
\,......
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.......
EXHIBIT D
Ulmer, Ruth and Jeff
CUP-05-028, RZ-05-002
Required Findings
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shallfind adequate
evidence answering the following questions about the proposed zoning amendment (11-
l5-11):
A. W.ill the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendme.nt;
City Council finds that the requested Old Town (O-T) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Old-Town". The text of the Comprehensive Plan (page
99) supports a variety of uses in the 0- T zone, including offices.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
City Council finds that the proposed re-zo.ne and accompanying development
plans comply with the requested zone and staff does not anticipate that the
property will be rezoned in the future.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
City Council finds that the applicant has submitted detailed developm.ent plans for
a Conditional Use Permit for the property. City Council further finds that the
proposed office/retail use will only be allowed with the approval of a Conditional
Use Permit in the proposed O-T zo.ne.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
City Council finds that the City's Comprehensive Plan has provided the applicant
with the ability to request the O-T zone for the subject property. Much of
downtown Meridian has already redeveloped to a mix of residential, office, and
commercial uses, which. is the intent of the Old Town. zoning district The nearest
properties zoned 0- T are approximately two blocks to the west along State Street
and currently contain residences. The closest properties which are zoned 0- T and
being used for non-residential uses are ap.proximately two blocks west and one
block south, the intersection of E. Pine A.venue and E. 3rd Street. The area
immediately surrounding the property is zoned residential, and rezoning the
subject property to Q-T will be a "spot zone" until other .properties in tlle area are
rezoned. It is anticipated, however, that the zoning of th.e area immediately
surrounding this property will change in the future in accordance with the "Old
Town" Comprehensive Plan designation.
E. Will the proposed uses 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;
City Council finds that the proposed development may change the existing
character of the neighborhood, but is appropriate with the intended character of
the "Old Town" designation of the 2002 Comp.rellensive Plan Future Land Use
Map. TIle area immediately surrounding the property is residential :in appearance
and character, and the addition of an office use with the associated off-street
parking and traffic it generates could. c11ange the existing character of the
neighborhood. It is anticipated, however, tl1at the character of the area
immediately surrounding this property will change to a mix of residential, office,
and retail .uses in the future .in accordance with the "Old Town" Co.m,prehe.nsive
Plan designation.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
City Council finds that the requested rezone should not be disturbing to existing
or future neighboring .uses~ Through the comp plan .process, the City detennined
that compact, intil] development is appropriate for the area. Any future change of
use on the property that may have a significant impact on the surrounding
properties will require conditional use approval under current ordinances, and
adjoining property QW.ners will have an opportunity to comment.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
City Council finds tl1at tIle proposed uses can be adequately served by all esse.ntial
public services and facilities. Drainage will need to be retained on site.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
(,~'n
City Council finds that the requested uses will not create excessive additional
requiremellts at public costs for pu.blic facilities and services. Addit.ionally, staff
finds that the pro.posed rezone would not be dem.mental to the economic welfare
of the community.
I. Will not involve uses, activities, processes, materials, equipment, a.nd
conditions that win be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
City Council finds that the proposed 0- T zoning designation of the property does
not inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
conununity.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on su.rrounding public streets;
City Council finds that the proposed 0- T zoning will not interfere with general
traffic patterns on any public streets.. Please refer to tile ACHD staff report for a
full report on traffic issu.es.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
City Council finds that no natural or scenic features will be lost or damaged by
the project
L. Is the proposed zoning amendment in the best interest of the City;
City Co.uncil finds that the proposed rezone would be in tIle .best interest of the
City by allowing a property owner to make improvements to the property for re-
development that would otherwise not be allowed without the rezone.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
eac.b proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The applicant is .proposing 2,412 s.f. of office space. Ordinance requires one (1)
off-street parking space per 400 s.f. for professional offices, thus, the .project
; .
\..:....
requires six (6) spaces for the office use. Six (6) spaces are provided per the site
plan. Staff is aware t]lat the structure has a basement which is includ.ed in tIle
2,412 square feet of proposed office space~ The sublnitted site plans show a
twenty foot (20') wide drive aisle adjacent to the parking spaces to the east of the
structure. MCC 11-13-4.F requires a twenty-five foot (25') drive aisle adjacent to
all parking spaces. The applicant should be required to widen the drive aisle to
twenty-five feet (25') and shift the parking spacing cOITespondingly to the east.
This reduces tIle width of the planter along the east property Iin.e to two feet (2'),
which is discussed below.
Due to site constraints and. the required parking space and d.rive aisle dimensions
per Meridian City Code, the applicant cannot :meet the requirements for a five foot
(5') landscape strip adjacent to parkil1g areas or the .required land use buffers.
The required land use buffer between the proposed office .use and the residences
to the south and east is twenty feet (20')~ Meridian City Code requires that within
tlrree (3) years, sixty percent (60%) or more of the vertical surface within the land
use buffer is to be closed by vegetation, preventing the passage of vision throu.gh
it This requirement can be reduced to one (1) tree per thirty-five feet (35') if a
solid six foot (6') fence is provided. The applicant can only provide
approximately two feet (2') of width due to site constraints and required parking
located along the east property line and can only provide seven feet (7"J) to the
south due to the location of the existing structure. Staff would su.P.port reduction
of these required buffers thrOUgll Alternative Compliance (MCC 12-13-8), and
recommends that the applicant should be required to install a six foot (6') solid
fence along the SOU.tl1 and east property lines. In addition, the applicant should
provide two (2) additional trees on along the south property line and one (1)
additional tree along the east property line. The planter area between the parking
lot and the east property line .is too narrow for any trees, so staff recoIn.mends
placing the required additional two trees as follows: 1. Move the Flowering Pear
tree drawn in the southeast corner of the parking lot approximately nine feet (9')
to the east and add an additional tree of similar size in the area between the
Flowering Pear and the east property line; and 2. Add an additional tree
approximately on the north property line, adjacent to the north.ernmost parking
space~
City Council finds that the subject pro.perty, as depicted, is large enough to
accommodate the required parking, open spaces and landscaping required .by the
ordinance for an office use, as long as the buffers between land .uses are approved
under alternative compliance~
c. That the p.roposed use and development plan will be harmonious with the
Meridian Com.prehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the pro.perty as Old.
Town~ City Council finds that if the modifications required in this report are done,
(r~...
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the application willlneet the requirements of the Zoning Ordinance. See items A
and C under the Zoning Amendment Analysis.
D. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
City Council finds tIle design concept to be compatible with tIle intended
character of the area. See item E under the Zoning Amendment Analysis.
E. That the proposed use, if it complies with aU conditions of the app.roval
imposed, will not adversely affect other property in the vicinity;
City Coun.cil finds that the proposed development will not have an adverse impact
on the surrounding .propertY4
F. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
See comments under the Zoning Amendment Analysis item G4
G. That the propo-sed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See comments under tIle Zonin.g Amend.ment Analysis item H.
H. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
See comments under the Zo.ning Amendment Analysis item I.
I. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic 0.0
surrounding public streets;
See comments .under the Zoning A.mendment Analysis item J.
J. That th.e pro.posed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
(
See com.ments under the Zoning Alnendlnent Analysis ite.m K.
~
("-...
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF ELIXIR )
INDUSTRIES, INC. FOR )
APPROVAL OF A REDUCTION IN )
PLATTING REQUIREMENTS FOR )
A PARCEL BOUNDARY )
ADJUSTMENT TO CREATE ONE )
(1) 48.14 ACRE PARCEL AND ONE )
(1) 13.49 ACRE PARCEL IN AN )
APPROVED C-G ZONE LOCATED )
AT 725 NORTH EAGLE ROAD AND )
3001 EAST COMMERCIAL COURT )
IN A PORTION OF THE SE .~ OF T. )
3N., R. IE., SECTION 8.
C/C May 24, 2005
CASE NO. RP-05-001
ORDER OF CONDITIONAL
APPROVAL OF REDUCTION IN
PLATTING
This Inatter coming before the City Council for Reduction in Platting approval
pursuant to M.eridian City Code ~ 12-3-] .8 for a parcel boundary adj ustment to create one (1) 48..:1 4
acre parcel and one (1) 13..49 acres .parcel, and the Council finding that the Administrative .Review is
complete from Josh Wilson, Associate City Planner for the Planning and Zoning .Department, dated:
Hearing Date: .May 24,2005 to the :Mayor and Council, the council takes the following action:
IT IS H.E:REBY ORDE.-RED T.HA T:
"I · The subject application by Elixir Industries, Inc., is approved subject to those
conditions of Staff comm.ents as set forth in the memorandum to the Mayor
and City Council, from Josh Wilson, Associate City Planner, for the Planning
ORDER OF CONDITIONAL AP.PROV AL OF REDUCTION IN PLA TTlNG FO.R A PARCEL BOUNDARY AomSTMENT
TO CREATE ONE (1) 48.14 ACRE PARCEL AND ONE (1) 13.49 AC.RE PARCEL BY ELIXIR INDUSTRIES, INC. (RP-05-
002)
Page I 0 f 3
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and Zoning Departlnent, dated: Hearing Date: .February 22, 2005 listing 8
Conditions of Approval, a true and correct of which is attached hereto
marked "Exhibit "A", and consisting 3 pages, and by this reference
incorporated herein, and the response letter from :Ooug Bergey, a true and
correct copy of which is attached hereto marked .Exhibit '~B" and consisting
of] page, and by this reference incorporated herein.
2~ The .Record of Survey (ROS) upon which there is contained the certificate
and signature of the City .Engineer verifying that the drawing meets the
City's requirements shall be signed only at such time as:
1. The ROS dimensions are approved by the City Engineer and;
2. The City Engineer has verified that all off-site ilnprovements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on...site
im provements.
3. The applicant shall cOlnply with the conditions as set forth in the
.MelTIOrandum from the .Planning and Zoning Department as set forth
in Exhibits "A" and "B" respectively.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to ldaho Code 67-8003, the Owner
Iuay request a regulatory taking analysis. Such request must be in writing, and must be filed with
the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue.. A request for a regulatory takings analysis will toll the time period within which a .Petition for
Judicial Review tnay be filed.
ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLA TTINO FOR A PARCEL BOUNDARY ADJUSTMENT
TO CREATE ONE CI) 48.14 ACRE PARCEL AND ONE (I) 13.49 ACRE PARCEL BY ELIXIR I.NDUSTRIES, INC. (RP-05-
002)
Page 2 of3
(~.n. ,
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Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest
in real property which .may be adversely affected by this decision Iuay, within twenty-e.ight (28) days
after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67,
ldaho Code.
''J..I[~
By action of the City Council at its regular lneeting held on the ~~
day
of
, 2005.
.8
.Dated: ~1-\~-o5
ORDER OF CONDITIONAL APPROVAL O.F .REDUCTION .IN PLA TTfNG FOR A PARCEL BOUNDARY ADJUSTMENT
TO CREATE ONE (1) 48.14 ACRE PARCEL AND ONE (I) 13.49 ACRE PARCEL BY ELIXIR INO.USTRIES, lNC. (RP-05-
002)
Page 3 of3
MA.YOR
Tammy de Weerd
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erldldn~:"'<~.J".~:~:r; ~,
H)~\HO il}
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CITY I-IALL
(208) 888-4433 -- Fax 887..4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 ~ Fax 898~9551
LEGAL DEPARTMEN'I'
(208) 884w44.33 ~ FAX 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Christi Ele DOl")nc] I
Shaun Wardle
Charles M - Rountree
MEMORANDUM:
TranSlnittaJ .Date: May 19, 2005
Hearing .Date: May 24,2005
To:
.Mayor and City Council
Froln:
Josh Wilson, Associate City Planner
Subject:
Reduction in Platting Requirements Application
Request for a Reduction in Platting :Requirements for a ..Parcel .Boundary
Adjustment to create one (1) 48.14 acre parcel and one (:1) 13.49 acre parcel in an
approved C-G zone for Ten :Mile ..Developinent, by Elixir Industries, Inc. (File
No. RP-05-002)~
Staff has reviewed the above referenced submittal and offers the following comments and
conditions.
APPLICATION SUMMARY
The applicant, Elixir Industries, has submitted a Reduction in Platting (RP) application
requesting a reduction to the platting requirelllents for a .Parcel Boundary Adjustment to create
one (1) 48.14 acre parcel and one (1) .13.49 acre parcel in an approved C-G zone. This parcel
was the subject of recent Ten Mile Development applications (CPA-04-003/CU.P-04-051/RZ-
04-017) which the City approved on April 26,2005. Ten Mile Development was a request for a
COlnprehensive .Plan Alnendment, Rezone, and Conditional .Use Perlnit approval for a planned
development including conce.ptual approval of 615,430 square feet of commercial/retail uses.
The subject parcel has received approval for rezone to C-G (General Retail and Service
Commercial) from the I-L and L...Q zones; however the .Rezone Ordinance has not been adopted
as of the date of this report" The subject parcel is not part ofa recorded subdivision.
A .Record of Survey (ROS) has been submitted showing how the parcel will be divided. .Parcell
of the ROS is 48.14 acres and .Parcel 2 is 13.49 acres in size. Future development must comply
with the approved Ten Mile applications (CP A-04-003/CUP-04-051I.RZ-04-0 17) and the
approved development agree.ment for this property; future developlnent must also receive
detailed conditional use approval.
RP-05-002
Ex.hi bit ~~A'"
Ten Mi I e Development RP .doc
(.
Mayor & City Council
Hearing .Date: M.ay 24, 2005
.Page 2 of 3
The subject property is located at the northwest corner of the intersection of Pine Avenue and
Eagle :Road~ The owner of the property is .Elixir Industries, .lnc a.nd Christopher Sahln, the
.President and Chief Operating Officer, has submitted 110tarized consent for the subject
app I ication.
STAFF ANALYSIS
In June, 2004, the Planning & Zoning Departlnent established a new policy and procedure
regarding re-subdivisions. This decision was based on MCC 12-3-] .B. which states the
following:
Re-Subdivision: Notwithstanding the definition of usubdivision" contained in Section
.J ] ...2-2 of this Code, where an applicant desires to subdivide an existing lot which is
located in an existing subdiv.ision which has been previously recorded and the required
iInprovetnents made thereon, he may do so without going through the entire platting
procedure required by this Title~ He shall, however, submit an application for re-
subdivision showing the existing Jot and how the lot is proposed to be re-subdivided.
The City shall then deterlnine what requirements of this Title shall be complied with .by
the applicant The City tnay require full compliance if deemed necessary. The provisions
of this subsection pertaining to the reduction in platting requirements of certain parcels
Inay apply to previously unplatted and unsubdivided ground upon application to the City
Council. (Ord. 456, 9-3-1985)
The Planning :Director, City Engineer, and City Attorney determined that this ordinance allows
property owners to request - a re-subdivision of property if the proposed division meets the
fo.) lowing criteria:
1 ~ If the property is within a recorded subdivision, a :Lot .Line Adjustment
application must be submitted and may be approved at staffleve.J.
2~ If the property is unplatted, a miscellaneous application (reduction in platting
requirements) .must be subJnitted and heard by the City Council. If the
miscellaneous/reduction in platting .requirelnents application is approved by City
Council, a .Lot Line .Adjustment application Inust be sub.mitted.
3. For either platted or unplatted land, the applicant must provide drawings that
show a) the existing parcel and the proposed split, b) any and all existing and
proposed improvements within or adjoining the property, c) proposed sewer
connection and profiles, and d) any other information deemed as appropriate or
necessary by the City .Engineer and/or Planning .Director.
4. Both parcels that result frOITI the split lTIUst meet the minimum yard requirements
of the applicable zone per MCC 11-9-1.
5~ .Applications for re-subdivisions of property wil.l only be considered for property
zoned as commercial and/or industrial. Residentially zoned land is not eligible.
.Properties would be limited to a one-time split under these provisions.
6~ P.Jatting requirements for condominiulTI plats may also be considered under these
provisions where th.e condominiulTI plat only affects ownership and does not
result in additional development of the property.
RP-OS-002
.Exhi bit "A'"
T enM.i leDevelopnlent. RP .doc
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Mayor & City Council
Hearing :Date; May 24, 2005
Page 3 of3
Staffhas confirmed that the two parcels to be created by this division Ineet the minilnunl
standards for the recent.ly approved C..G zone~ The rezone ordinance (subsequent to RZ-04-
017) shall be adopted by M.eridian City Council prior to the City Engineer's signature on the
Record of Survey.
CONDITIONS OF APPROVAL
] ~ The applicant shall comply with all conditions of approval for the recent Ten Mile
.Developtnent applications (CPA-04-003/C.UP-04MO051/RZ-04-017).
2~ The subject property shall be rezoned, by City of Me.ridian Ordinance, to the C-G zone
prior to signature by the City .Engineer on the .Record of Survey.
3. Applicant must co.mply with all subdivision improvements as required by.M.CC "I 2~5-2~
4. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit a
recorded copy of the Record of Survey signed by the City EngineeL
5. AJI future uses within .Parcel I and 2 shall be required to obtain detailed conditional use
permit approval.
6. Unless otherwise approved by a detailed conditional use pertuit, all future development
on both Parcell and 2 must comply with M:CC 11-9-1 regarding building setbacks, Jot
coverage, and height restrictions.
7. Applicant shall cOlnply with all improvements as required by Ada County .Highway
District.
8. The applicant shall include .ParceJ 1 and Parcel 2 in a future subdivision~ No building
permits shall be issued on Parcels 1 or 2 until a final plat application has been
submitted for the entire property.
RECOMMENDA TION
Staff recommends approval of this application with the above noted conditions.
RP-05-002
Exllibit '.A;;
T enM.ile.Developnlent. RP .d ac
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Page I of 1
Josh Wilson
From: Douglas Bergey [dbergey@bergeyls~com]
Sent: TuesdaYt May 24,2005 4:50 PM
To: Josh Wilson
Subject: RE: Ten Mile Development RP staff report for 5/24/05 CC
Hi Josh, I have no objections to the conditions of approval. I just spoke to KeJly at Hansen-Rice and he does not
either, Kelly tells me Glenn Walker will be at the meeting tonightt and I have not heard from him. Thankst Doug
----Original Message-----
From: Josh Wilson [mailto:wilsonj@meridiancity~org]
Sent: Tuesday, May 24, 2005 1:27 PM
To: Douglas Bergey
Subject: FW: Ten Mile Development RP staff report for 5/24/05 CC
Doug I
I just realized that I misspelled your email address in the original emaifingJ so you probably didn't receive
the staff report on Thursday. I apologize for the error.
If you have no objections to the conditions of approval you donl need to attend the hearing tonight. Just
email or fax me a quick retter stating that you agree with the Staff Report dated May 19, 2005.
Thank you,
Josh Wilson
Associate City P Ja n n e r
884-5533
887 -4813 fax
From: Josh Wilson [mailto:wilsonj@meridiancity.org]
Sent: Thursday, May 19, 2005 5:15 PM
To: 'Tara Greenti .Jessica Johnson'; hillm@meridiancity .org; 'naryb@meridiancity .org'
Cc: 'WiJI Berg'; 'dbergey@begreyfs.com'
Subject: Ten Mile Development RP staff report for 5/24/05 CC
PI ea se see attac h ad .
Thank you,
Josh Wilson
Associate City Pia n n er
City of Meridian Planning and Zoning
5/24/2005
l~ ~llihil UI~U
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-L to C-G
zone and a Conditional Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-05-004, CUP-05-012
For the City Council Hearing Date of: May 24 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a pu.blic hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication a.ppearing and written notice
mailed. to property owners or purchasers of record within three hundred feet (300')
of the exte.rnal boundaries of tIle property~ The notice of.public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509~
The matter was duly considered .by the City Council at tIle May 24, 2005, public
hearing(s)~ The applicant, affected property owners, and government subdivisions
providing services within tIle planning jurisdiction of the City of Meridian were
given full opportunity to express co.mments and submit evidence.
b~ Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject .matter to tIle City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter~
2~ Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code g67 -6509, 6512, and Meridian City Code ~ ~ 11-15-5 and 11-1 7 -5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND .DECISlON & ORDER
CASE NO(S). RZ-OS-004, cur-os-oI2 - PAGE 1 of4
c.
a~ In. additiol1 to the application and property facts noted in the staff report and the
Plannin.g & Zoning Recolnmendation for the subject applicatio.n(s), it is hereby
verified that the property owner(s) of record at tIle tilne of issuance of these
findings are VJ Joint Ventures, Ronald Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a~ See Exhibit C for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred u.pon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-
6503).
2. T.he 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. The City of Meridian has, by ordinance, established tIle
Impact Area and the Amend.ed Comprehensive Plan of the City of Meridian, which. was
adopted August 6, 2002, Resolution No~ 02-382 and Maps~
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-] 7-9~
4. Due consideration has been given to the co:mment(s) received from the governmenta]
subdivisions .providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the .proposed development will not
impose expense upon the public if the attached conditions of ap.proval are imposed.
6. That the City 11as granted an order of approval in accordance with this Decision, which
shall.be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the ap.plicant, the Planning and Z011ing Department, the Public Works Department and
any affected party requesting notice.
7. Tllat this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
January 10, 2005 as s.how.n in Exhibit B, and Site Specific and Standard Conditions of
Approval in Exhibit E~
c. Decision and Order
Pursu.ant to tIle City Council's authority as provided in Meridian City Code S 12-3-5 and
based u.pon the above and foregoing Findings of Fact Wl1ich are herein adopted, it is hereby
ordered that
1. The applicant's rezone as evidenced by having submitted the Survey and Legal
Descriptio.n in Exhibit A is .hereby conditionally approved; and
CITY OF MERIDIA.N FINDINGS OF FACT, CONCLUS10NS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-004; CUP-OS-O 12 - PAGE 2 Of 4
(
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2~ The site specific and standard conditions of approval are as shown in Ex.hibit D4
D. Notice of Applicable Time Limits
1~ Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for ap.proval of the final
plat. After approval of final plat, the owner or developer shall have one year to begil1
construction of the public utilities and one year tl1ereafter to complete construction of
those .public facilities. (MCC 12-2-4.B & C~)
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The A.pplicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis~ Su.ch request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue~ A request for a regulatory takings analysis will toll th.e
time period within which a Petiti.on for Judicial Review may be filed~
2. Please take notice that this is a final action of the governing .body of the City of
Meridian, pursuant to Idallo Code S 67 -6521 an affected person being a person WI10 has
an interest in real property which may be adversely affected by the issuance or denial of
tIle conditional use permit approval may within twenty-eigl1t (28) days after the date of
this decision and ord.er seek ajudicial review as provided by Chapter 52, Title 67, Ida.ho
Code.
F. Exhibits
Exllibit A: Legal Description - Survey
Exllibit B: Approved Rezone :Map/Site Plan
Exhibit C: Findings Zoning/Rezone
Exhibit D: Findings Conditional Use Permit
Exhibit E: Standard. and Site Specific Conditions of Approval
By action of tIle City Council at its regular meeting held on the t"2L\ t\-
Mn. Li ' 2005.
day 0 f
COUNCIL MEMBER SHA.UN WARDLE
VOTED lfCA--
COUNCIL MEMBER CHRISTINE DONNELL
VOTED l\3SENl
COUNCIL MEMBER.CHAR:LIE ROUNTREE
VOTED t,~
CITY OF M.ERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05M004, CUP-OS-OI2 - PAGE 3 Of 4
COUN.CIL ME.MBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
~
VOTED
Attest:
and City Attorney.
Dated: 5" ~2U1-0S
By: . t \
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIO.NS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-004; CUP-OS-O I 2 - PAGE 4 Of 4
Exhibit A
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EXHIBIT A
J acksons Food Store RZ-05-006
Legal Description/S u~~e~._...w................ . ..... ..... .. _.. ..
.JHCf~so.ns j/ood ~StOf{<~i, A @rC
(.~~fn.dit.ionHI tJSt~ j~\ l}piir11tii}~1
mu .A!iD J71UC1'VZrt.L EJiGLV1!Z61NG AND WiD SliIrETlNG
EXHIBIT A
Parco I 1 Oe-scriptlon for Ronald Van Auker. Inc"
Job No.. 04168 November 29, 2004
Land wfthln the 8112, of Section 9J T3N, R1E. Boise Meridian, City of MeridIan.. Ada County.
Idaho as follows;
COMMENCIN'3 at the Weal 1/4 Comer of aald Sedfon 9. marked by a brass cap monument
thence along the eaat.west Centerline af saId Section 9. North 89010144- East, 307.80 feel:
thence. eou1herty at fight angJes to aafd Centel1lne. South 00-49tf8- Eastll 50.00 f&et to D pwnt
on tho south right"'Or..way of E" Pine Avo.~ as described in Warranty Deed, Inat.nnn4m No.
101Q87675, t tet 518 Inch rebar. wfth an orange plastic cap marked -rvEI PlS 10782- hereafter
rererred ~ simply as a .set 5JB Inch rebat\ and 1f1e POINT OF BEGINNING;
thence SOuth OO.()a(Hr West. 311.88 feet~ to a set 518 Inch rubor on the flOf1hef1y Ifne of
Comnterce Park SubdMakm. as per the plat thereof in Book 45, at Pago 3721, Ad. County Pial
Reconfs;
thence afong said northedy line. North ar54tMr" West, 216.82 feet. to a tJet 5/8 Inch rebar;
thence South 82.51114- West 21.98 feat to a set 518 Inch rebar on the easterly right-CIr-way of
Stele Highway 55 (Eagle Road). 8S per -second Judgment and Oecree of Cond<<nnation Inst.
No~ 8920098. Ada County Records;
thence ekH1g Mid rightooOf-way. North 00-00'09" East~ 345.30 feet. to 8 to a set 5/8 Joch ntbaron
the right-of-way o! E. Pine Ave as deaeribcKi fn Warranty Deed, Instrument No. 101087675;
thence along aard right-of-way, North 44-36-00- Eaat .25.64 feet. loa to a Hl61lllnch rebar;
thence,con1fnulng along saki righl..of-way. North 89-10-44- East. 220.51 feel. to the POINT OF
BEGiNNfNG~
COfl18lnJng 2.00 Acres. or 87122 Square Foe~ more or less.
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Exhibit A
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RECORD OF SURVEY FOR AN
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1IlTHIN TIm OJ/4 OF OF SECnON B.
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J acksons Food Store
CUP-05-012
Approved Site Plan
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EXHIBIT B
CAI WA$H
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Site Plan
Landscaping Plan
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OZONE
APPLICATiON
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CONDITIONAL usa
APPLICATION
SiCe Plan ... VlOJts5
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EXHIBIT C
Jacksons Food Store Rezone
RZ-05-004
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particularfacts and circumstances of each proposed zoning
amendment in terms of the following standards and shall find adequate evidence anslvering the following
questions about the proposed zoning amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has the.re been an application for a
Comprehensive plan amendment;
Staff fin.ds that the requested General Commercial (C-G) zoning designation is in
accord with the COlnprehensive Plan's Future :Land Use Map, which delineates
the subject property as "Mixed Use-Regional"~ Meridian City Code (MCC) 11-7-
2.1. states the purpose of the C-G district is "to provide for a review of the inlpact
of proposed commercial uses Wl1ich 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 transie.nt and pennanent lTIotoring
public~" The following Comprehensive Plan policies also support the annexation
and proposed retail/fuel service use:
· "Permit new~ · ~commercial developlne.nts only wllere urban
services can be reasonably provided at the time of final approval
and development is contiguous to the City." (Chapter IV, pg. 26,
Goal I, Obj ~ A, #6)
Sanitary sewer, municipal water, solid waste and other services
exist to this area of Meridian.
· "Require all new .parking lots to provide landscaping in internal
islands." (C.hapter V, pg~ 43, Goal III, Obj. D, #3)
The Site Plan submitted with the CUP application for this
property shall show internal planters, as required.
· "Locate new community commercial areas on arterials. . .near
residential areas in such a way as to comple.ment with adjoining
residential areas~" (Chapter VII, pg. 43, Goal III, Obj~ .0, #3)
The proposed commercial use is located at the intersection of a
minor arterial roadway and a state highway. A 25-foot wide
street buffer is shown along Pine Ave and a 35-foot w.ide street
buffer is shown along Eagle Road SH55, designed in part to
mitigate potential negative impacts upon the vehicular traffic
on. Eagle Road.
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Exllibit C
· "Restrict curb cuts and access .points on collectors and. arterial
streets." (Chapter VII, pg. 107, Goal IV, Obj~ D, #2)
ACHD is requiring the applicant to locate the two curb cuts to
Pine Ave, one right-in/right-out and one shared access allowing
travel towards the west/Eagle Road. A cross access agreement
with the property at the future property boundaries will be
required so the cuts can be shared with adjacent development.
In addition, access to Eagle Road is prohibited in compliance
with lTD.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that the proposed rezone and accompanying development .plans
cOlnply with tIle requested zone and staff does not anticipate that the prope.rty will
be rezo.oed in the future. The area designated as "Future Develo.pment" east of the
Jacksons Food Store site is anticipated to be d.eveloped under a general concept
plan in accordance with tIle Mixed Use Regional Comprehensive Plan
Designation with tb.e appropriate zoning in the future. A Master or Conce.pt plan
for tIle 27~59 acres will he required with the development agreement for the
rezone to address the future of rezoning on the subject :property~
c. Is the area .included in the zoning amendment intended to be developed in the
fashion that w~uld be allowed under the new zoning;
Staff finds that the applicant has submitted detailed development plans for a
Conditional Use Permit for the automobile washing facility on the .property. Staff
further finds that the proposed convenience store use is allowed with the approval
of a Conditional Use Permit in. tllis mixed use area~
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the immediate vicinity is a mix of undeveloped parcels that are
designated for a mix of uses in the future, existing urban density residential uses
(Meridian Crossroads), and property annexed and zoned as commercial and
industrial property~ The southwest comer of Eagle and :Pine (approx.. 62 acres)
was annexed and zoned C-G (General Commercial) in February 2005 as part of
the Ten mile Development planned developm.ent. Immediately south of the .parcel
is an industrial su.bd.ivision with wareho.usinglsales/various industrial uses. The
widening of Pine Ave to 5 lanes, the co.nstruction of the .High School east of the
site, the signalization of the intersection, and. the Eagle/I-84 on ramp are all
indicators of a need for a mix of commercial services in the area.
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Exll ibit C
E. Will the proposed uses 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;
Staff fil1ds that the proposed d.eveloplne.nt is designed in a Inanner that will be
harmonious with and ~ppropriate in appearance with the existing ne.igllborhood~
The proposed retail/fuel service/auto washing facilities are listed uses in l1armony
with the intended uses in the C-G district. The eastern edge of the proposed
Jac.ksons Food Store developtnent (Pine Ave western entrance driveway) is
approximately 207 feet east of the 2-acre site, requiring a cross access agreeme.nt
to be entered into. The application does not indicate pote.ntial future uses on the
eastern remainder of the 27~59 acre parcel. However, any future use will be
consistent with the existing zoning or only allowed through a p.ublic hearing/CUP
or platting process in cOln.pliance with the Future Land Use Map. The landscaped
street buffers, lighting standards and building setbacks as required by the Zonin.g
Ordinance are intended to ease impacts of these commercial uses on 11earby
residences.
:F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the req.uested annexation and zoning to C-G should not be
disturbing to existing or future neighboring uses. Any future change of use on the
.property that may l1ave a significant impact on the surrounding properties will
require conditional use approval under current ordinances, and adjoining pro.perty
oW.ners will have an o.pportunity to COlnment.
Staff anticipates that the proposed commercial use will not be .hazardous or
disturbing to the neigllboring uses as long as lighting and noise ordinances are
adhered to. The Commission and Council s.hould consid.er all public testimony,
oral and written, before making this finding.
G.. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
pro.posed conditional use shall be able to provide adequately any such
service;
Staff finds that the proposed. uses can be adequately served by all essential p.ublic
services and facilities. Drainage will need to be retained on site~
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
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Exllibit C
Staff finds tIlat the requested uses will not create excessive additional
requirelnents at :public costs for :public facilities and services. Additionally, staff
finds that tIle proposed rezone would not be detrilnental to the economic welfare
of the cornlnunity~
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed C-G zoning of the property does not inherently allow
uses that will generate activities, processes, materials, equl.plnent, and conditions
that are detrilne.ntal to the general welfare of the community~ Permitted uses in the
C-G zone include gas stations facilities, banks, professional offices, clinics, dry
cleaning, hotels, restaura.nts and retail stores" However, as .noted above, all future
uses will require a mix of use applications co.nsistent with the Future Land Use
Map. Future uses a.nd/or platting will allow for public testimony and site specific
conditions, if necessary, to mitigate uses that may be detrilnentaI to any persons,
property or the general welfare.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
The accompanying CUP application shows vehicular access to the property via
two (2) proposed curb cuts that have been authorized by ACHD and widened to
40 feet. The .property owner negotiated the locations and design of these
ingress/egress points to Pine Ave with ACHD~ To help preve.nt interference with
westbound Pine Ave traffic and southbound Eagle Road traffic, left turns are
prohibited out of the site, unless at the designated access" In com.pliance with ITD
and in support of the Meridain Comprehensive Policies on access to principle
arterials, no direct access to Eagle Road will be allowed. Please see the ACHD
and ITD staff reports for :more information regarding vehicular approaches and
tra ffi c~
K. Will not result in the destructio.n, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic features will be lost or damaged by the
.pro j eeL
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed annexation would be in the best interest of the City
by increasing the sup.ply of land zoned for neighborhood and vehicular oriented
commercial/retail uses North of I-84~ The .proposed zoning complies with the
Future Land Use Map, is not proposing any variances or exceptions to Meridian
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Exllibit C
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City Code and will allow for tIle improvemellt of Ial1d at a high visibility
intersection ill the Area of Impact
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EXHIBIT D
J acksons Food Store
CUP-05-012
Required Findings for Conditional Use
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall revie\v the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-
3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this
ordinance;
Staff finds that the subject property, as depicted, is large en.ough to accommodate the
required parking, open s.paces and landscaping required by the ordinance for a car wash!
co.ovenience store and fuel service use. The minimum number of required off-street
parking spaces required is 22 (Carwasl1 -2 per service bay (4) and. Retail store 1 per 200
sq/ft (3500/200) = 18) the site plan shows (33), along with the 25-foot and 35-foot wide
street buffers and drive aisles. While the western connection to Eagle Road driveway cut
is actually outside tIle proposed annexed area, staff does .not believe this is a pro.blem
since the remaining parcel is owned. by Van A.uker and a cross access agreement is a
condition of approval. -
B. That the proposed use and development plan will be harmonious with the
Mer.idian Comprehensive Plan and in accordance with the requirements of this
Ordinance;
The current Comprehensive Plan Land .Use Map designates the property as Mixed. Use-
Regional. Staff finds that if the modifications required in this report are done, tIle
application will meet the requirements of the Planned Development and other Zoning
Ordinances~ See items A and. C under the Zoning Alne.udment Analysis.
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or intended
character of the general vicinity and that such use will not adversely change the
essential character of the same area;
Staff finds the design concept to be co.mpatible with tIle intended character of the area.
See itenl E under the Zoning Amendment Analysis.
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Exhibit D
Staff does not anticipate tllat the proposed development will have an adverse impact on
the surrounding property~ However, the Commission an.d Council should consider any
testilTIOny given at the public hearings before making this finding9 See itelTI F under the
Zoning Amendment Ana]ysis~
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for the
establishment of proposed conditional use shall be able to provide adequately any
such services;
See COlnments und.er the Zoning Amendment Analysis item G.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
See conunents under the Zoning Amendment Analysis item H.
G.. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any persons,
property, or general welfare by reason of excessive produ.ction of traffic, noise,
smoke, fumes, glare or odors;
See comments .under the Zoning Alnendment Analysis itelu L
H. That the proposed use will .have vehicular app.roaches to the property which
shall be so designed as not to create an interference with traffic on surrounding
public streets;
See comm.ents under the Zoning Amendment Analysis item J~
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
See conunents under the Zoning Amendluent Analysis item K.
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EXHIBIT E
J acksons Food Store
RZ-OS-004, CUP-05-012
Standard and Site Specific Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1. The legal description submitted with the application is accurate, places the
property contiguous to existing city limits, and meets the requirements of the City
of Meridian and Idallo State Tax COlnmission. Th.e legal description will be
finalized upon su.b:mission of a final plat in compliance with RP-04-001
2. Public works shall certify the requirements of the reduction in platting have been
met to allow the creation of the 2.0 acre parcel from the original 27.59 acre parcel
(81109325470). RP-04~OOl
3. The subject property is within the Urban Services Planning Area.
4. At the time of annexatio.n, the applicant is pro.posing to develop/improve
ap.proximately 2 acres of the parcel described in the annexation legal descriptio.n~
Prior to developing the remaining acres of tIle parcel (SI109325470), the
applicant/owner is hereby informed that a d.evelopment agreement lnust be
approved on the eastern portion of the site. TIle site lies entirely in one Future
Land U.se Designation of Mixed Use Regional whicll requires a Inaster or
conceptual plan for a combination of compatible land uses with surrounding
properties~
SPECIAL CONSlDERATIONS
1. Signage: TIle Site Plan. shows one (1) Main ID sign/free-standing sign at the
northwest comer of the site. MCC 11-14-1 0 (Table D) allows a maximum of one,
15-foot high sign per street frontage.. Also, MCC 11-14-9-D.3 requires tIle signs
.be located "as near the primary access driveway as practicaL" If the sign is
located at the comer as shown, away fro:m both access drives, staff reconunends
the P&Z Co.mmission restrict the site to only the one free-standing sign. If the
signs are shifted to be clearly on both frontages and not at the comer, two (2)
signs would be permitted.
2. Reduction in Platting: The site is curre.ntly ap.proved for a reduction in Platting
Requirelnents as a resubdivision (MCC12-3-I.B) tile following conditions of
approval RP- 04-001 apply:
1 ~ Applicant must comply witll all subdivision improvenlents as required by
MCC 12-5-2.
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Exhibit E
2. Applicant shall comply with all ilTI.provelnents as required by Ada County
Highway District
3. A cross-access agreement between the two proposed parcels is required to
be submitted prior Certificate of Zoning Compliance issuance~
4. Applicant shall sublnit a recorded copy of the Record of Survey signed by
tlle City Engineer prior to Certificate of Zoning Com.pliance issuance on
the Parcell.
5 ~ Future develo.pme.nt Inust comply with MCC 11-9-1 regarding building
setbacks, lot coverage, and height restrictions.
6. No building permit w.ill be issued for Parce.12. The applicant shall.
include Parcel 1 and. Parcel 2 in a future su.bdivision~ .Parcel 2 will not be
eligible for a building permit until a final plat has been recorded for the
entire .property.
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. The building a.nd site improveluents s.hall be co.nstructed per the approved plans
with all modifications required by the City CounciL
2. If a free-standing sign is located at the comer of the parcel (as shown on the
approved. CUP Site Plan), the 2..0 acre parcel is limited to only one (1) free-
standing sign. If the signage is shifted to be clearly on both fro.ntages and closer to
the .primary access drives, two (2) free-standing signs would be permitted on the
si te~
3. Prior to the issuance of a Certificate of Zoning Com:pliance on tIle site, a recorded,
perpetual vehicular cross-access easement shall be submitted in favor of the
parcel to the east (Ada Co.. Parcel No. S1109325470), currently owned by Ronald
W~ Van Auker. Said easement shall cover tl1e 40-foot wide driveway for access to
west Pine Ave and extend along the north property line approximately 214 feet
into the site as depicted on Sheet 8-1 n, 1/1 0/05.
4. The applicant shall revise tIle Landscape / Site Plan (Sheet S-ln dated January 10,
2005, by Dale Binning Architect.) to reflect the following changes:
a. Widen the attac.hed sidewalk abutting Pine Ave to a minimum of Seven
(7) feet or provide a 5' d.etach.ed sid.ewalk as per ACHD Conditions of
approvaL
b. Add one (1), two-inch caliper deciduous tree to the tlrree (3) landscape
planters on the west and north sides of the building
c. Ensure that the inside dimension of said planters is a minimum of five (5)
feet
d . Add a 5' wide landscape buffer east of the Car Wash
e. Add a landscape island to the parking stalls on th.e south property line with
one (1) two-inch caliper deciduous tree~
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Exllibit E
f~ Add a illlnlmUln of eight (8) two-ine]l cali.per deciduous trees to the
eastern .property boundary, 1 tree per 35 feet (270/35=7.71)
g~ Add a minimum of Seven (7) two-incl1 caliper deciduous trees to the
southern property boundary, 1 tree per 35 feet (261/35=7~45)
h. Add One (1) additional two-inch caliper decidu.ous tree to the nortl1ern
.propertyboundary,l tree per 35 feet (221/35=6.31)
.1. Remove the curb cut on Eagle Road and provide the required landscaping.
j. Any other changes required by the Commissiol1.
Submit 10 copies of the revised plan to the City Clerk's office at least 10 days
prior to the next hearing on this application.
5. The Prelilninary Site/Landscape Plan (Sheet S-ln dated January 10, 2005, by
Date Binning Architect.)is not approved as sublnitted. Revise the plan to match
the Site Plan and make tIle corrections as noted in condition #4. Submit a detailed
landscape plan with Certificate of Zoning Compliance application.
6. Sanitary sewer service to this site shall be via main .line extensions from an
existing mai.n installed adjacent to the property. The applicant llas not submitted a
conceptual design for tIle sewer system, however, the applicant will be
responsible to construct sewer mains to and thrOUgl1 this proposed develo.pluent
Subdivision designer to coordinate main sizing and routing with the Public Works
Departlnent Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
7. DOlnestic water service to this site shall be via main line and/or service line
extensions fro.rrl mains installed adjacent to the property. T.he applicant :has not
su.b.mitted a conceptual design for the water system, however, the applicant shall
be responsible to construct water mains to and thrOUgll this proposed
development. Subdivision designer to coordinate :main sizing and routing with the
Public Works Department Applicant shall execute City of Meridian standard
forms of easements, for any mains that are required to :provide service~
8. All storm and drainage water must be retained on site. A drainage plan designed
.by a State of Idaho licensed architect or engineer is required and shall be
sublnitted to the City Engineer (Ord~ 557, 10-1-91) for all off-street parking areas.
Sto.rm water treatment and disposal must be designed in accordance with
Departlne.nt 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 S"urface 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 applicatio.ns witll the Idaho Department of Water Resources
regarding Shallow Injection Wells~
9. Underground .pressurized irrigation must be provided to all landscape areas on
site. A.pplicant has not indicated WI10 will own the pressurized irrigation system
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Exhibit _E
within t11is development. The applicant shall state which irrigation district will
OWl1 the system, or if the system is being proposed as a private systeln, plans and
specifications for the irrigation system shall be reviewed by the Public Works
Departlnent as part of the development plan review process~ A draft copy of the
pressurized inigatiol1 system O&M Inanual must be submitted prior to plan
approval.
10. Coordinate fire hydrant placement with tIle City of Meridian's Public Works
Department.
11. Please submit all updated. grou.ndwater/soils monitoring data to tIle Pu.blic Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during lOO-year storm events, and
for a period of time not to exceed 24 hours. Side slo.pes within drainage areas
shall not exceed. 3: 1. Any portion of a drainage area not ilnproved witll sod/grass
seed (or other approved landscaping) sllall not count towards the required o.pen
space area~ The .project engineer should pay close attention to tIle results of field
studies determining tb.e groundwater, soil type & and characteristics during the
design and construction pllases~ The engineer shall be req.uired to certify that the
street centerline elevations are set a minim.urn of 3-feet above the highest
established normal groundwater elevation~
STANDARD CONDITIONS OF APPROVAL (CUP)
12. This conditional use permit shall be subject to the expiration. provisions set forth
in MCC 11-17-4.B~
13. All 90-degree parking stalls shall be at least 9 feet wide and. 19 feet deep .per
Ordinan.ce 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet
wide~
14~ All parking and drive aisles shall be :paved for all uses, in cOlnpliance with. the
submitted plans. Handicap parking spaces shall be signed and striped in
compliance witll Federal accessibility guidelines.
15. One hundred watt, .high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after .power designs
are completed by Idaho Power Company~ The street light contractor shall obtain
design and permit from the Public Works Department prior commencing
ins tallati 0 ns ~
16. Applicant shall be responsible for ap.plication and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
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Exllibit E
17. Applicant sllall be res.ponsible for application and compliance with and NPDES
Pe.nnitting that may be required by the Envirorunental Protection Agency.
18. All grading of the site shall be performed. in con.fonnance with MCC 11-12-3H~
19. Applicant shall be required to .pay Public Works developtnent plan review, and
construction inspection fees, as determined during the .plan review process, prior
to signature on the final plat per Resolution 02-374.
20. All exterior lighting, wllether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spillover onto adjacent properties or rigllt-of-way. All parking lot lighting shall
be in accordal1ce with Ordinance 11-13 -4C.
21. All signage s.hall be in accordance with the standards set forth in this report and
Section 11-14 of the City Zoning and Development Ordinance. All signage s.hall
require separate sign pennit(s)~
22. Compaction test results must be sublnitted to the Meridian .Building Department
for all building pads receiving engineered backfill, wllere footing would sit atop
fill material.
23. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes~
24. All irrigation ditc.hes, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be
approved. by the appropriate inigationldraillage district, or lateral users
association (ditch owners), with written ap.proval or non-approval sublnitted to the
Public Works Department. If lateral users association approval can't be obtained,
.plans will be reviewed and approved by the meridian City Engineer prior to final
plat signature~
25. 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 ill
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction whicl1 l1as authority over the receiving stream
.provides written authorization prior to development .pIan ~pproval. T.he ap.plicant
is responsible for filing all necessary ap.plications with the Idallo .Department of
Water Resources regarding Shallow Injection Wells~
26. Certificate of Occupancy: All required improvements must be complete prior to
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Exhibit E
obtaining a Certificate of Occu.pancy for the proposed develo.Plnent. A telTI.porary
Certificate of Occupancy may be o.btained by .providing surety to the City in the
form of a letter of credit or cash in the amount of 11 0% of the cost of the required
ilnproveln.ents (including paving, striping, landscaping, and irrigation). A bid
lTIUSt accolnpany any request for telTI.porary occupancy~
FIRE DEP ARTM.ENT
1. Acceptal1ce of the water su.pply for fire protection will be by the Meridian Fire
Departlnent and water quality by the Meridian Water Department for bacteria
testing.
2~ Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall l1ave the 4 Y1" outlet face the main street or parking lot
ais 1 e~
b. The Fire hydrant shall n.ot face a street whicIl does not .have addresses on
it
c~ Fire hydrant markers sllaIl be provided per Public Works spec~
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location~
e~ Fire Hydrants shall be .placed on comers wIlen spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provid.ed to meet the requirements of the IFC
Section 509~5.
3~ All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius~
4~ Fire lanes and streets sIlall have a vertical clearance of 13'6"~ This includes
mature landscaping.
5. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before co.mbustible construction is brought on
si te.
6. COlnmercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire .hydrants shall be
placed per A.ppendix D.
7. TIle xx office/commercial lots lot will have an. unknown transient po:pulation and
will have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in tIle year 2003.
According to a report com:pleted by Fire & Emergency Services Consulting Group
- 6 -
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Exhibit E
our requests for selVice are projected to reach 2800 in tl1e year 2005 and 3800 by the
year 2010~
8. Mail1tain a separation of 5' fro In. the building to the dUlnpster enclosure.
9 · .Provide a Knoxbox entry system for the complex prior to occupancy.
1 O~ TIle applicant shall work with city staff to .provide an address identification plan
including a pylonlmonuluent sign at the required intersection(s)~
11. All aspects of the building syste.lTIs (including exiting systelTIs), processes & storage
practices shall be required to comply with the International Fire Code~
12~ Provide exterior egress lighting as required by the International Building & :Fire
Codes~
13 ~ Where a portion of the facility or building 11ereafter constructed or moved into or
within the jurisdiction is nlore than 400 feet (122 .m) frOlTI a hydrant on a fire
apparatus access road, as measured by an ap..proved route around the exterior of the
facility or building, on-site fire .hydrants and mains shall be provided where required
.by the code officiaL For buildings equipped throughout with an ap.proved automatic
sprinkler system installed in accordance with Section 903.3 ~ 1.1 or 903.3.1..2 the
distance requirelnent shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet {I83 m).
b~ For .buildings equipped throughout with an approved automatic sprinkler
SYSte.1TI installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m)~
Sanitary Services Comment:
1. Please co.ntact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
- 7 -
(''': .
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 6.26 Acres from RUT (Ada
County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Thirty-
Six (36) Buildable Lots and Five (5) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development Consisting of Attached and Detached Single-Family
Homes with a Request for Reduced Lot Sizes and Reduced Lot Frontages for Lyndhurst
Grove Subdivision, by Highland Development, LLC.
Case No(s): AZ-05-011, PP-05-013, CUP-OS-OI5
For the City Council Hearing Date of: May 24, 2005
A. Findings of Fact
1 ~ Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
Inailed. to property owners or purchasers of record within three h.undred feet (300')
of the extemal.bou.ndaries of the .property. The notice of public hearing .before the
City Council.was posted upon the property under consideration lTIOre than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The Inatter was d.uly considered by the City Council at tIle May 24, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services witl1ill the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in tIle official meeti.ng minutes (for
oral testilTIOny).
c~ The Planning and Zoning Commission con.ducted a .public hearing and issued a
written recommendation on the subject matter to the City Council.
d~ The City Council heard and took oral and written testimony and duly cO.ilsidered the
evidence and th.e record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code g67 -6509, 6512, and Meridian City Code ~ ~ 11-15-5 and 11-17 -5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed witl1 the staff report~
CITY OF MERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 11 I PP-OS-O 13 / CUP-OS-O 15- PAGE 1 Of 5
("
\
3. Application and Property Facts
a. In ad.clition to the application and pro.perty facts 110ted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified. that the property owner(s) of record at the tilne of issuance of these
findings is Highland Development, LLC.
4. Required Findings per Zoning and Su.bdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applicatio.ns~
B. Conclusions of Law
1. TIle City of Meridian shall exercise the powers conferred upon it by tIle "Local .Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Id.aho Code (I.C. g67-
6503).
2. T.he Meridian City Council takes judicial notice of its Zoning, Subdivision and
Developlnent Ordinances codified at Titles 11 and 12, Meridian City Code, and all
cu.rrent zoning maps thereot: The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No.. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S; 11-17 -9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing servi ces in tIle City of Meridian planning jurisdiction~
5. It is found public facilities and services required .by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed~
6. That the City has granted. an order of approval in accordance with this Decision, whic.h
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, tIle Planning and Zoning Department, the Public Works Department and
any affected .party request.ing notice.
7. That this approval is subject to the Legal Description in Exl1ibit A, the Preliminary Plat
dated February 11,2005 as shown in Exhibit B, the Site Plan dated February 11,2005
as shown in Exllibit C, the Annexatio.n and Zoning Comments as shown in Exhibit D,
the Preliminary Plat Site Specific an.d Standard Conditions as shown in Exhibit E, and
the CUP/PD Site Specifi.c and. Standard Conditions as shown in Exhibit F. The
conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
c. Decision and Order
CITY OF MERIDIAN FIN.DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O 11 / PPROS-013 / CUP-OS-OlS- PAGE 2 Of 5
/")" -~"
t
(
Pursuant to the City Council's autllority as .provided in Meridian City Code S 12-3-5 and
based upon the above and foregoing Findings of Fact which are l1erein adopted, it is hereby
ordered that:
1. The ap.plicant's Prelilninary Plat as evidenced by having sublnitted the Preliminary
Plat dated February 11, 2005 is hereby conditionally approved;
2. The applicant's Site .Plan as evidenced by having su.bmitted the Site .Plan dated
February 11, 2005 is hereby conditio.nally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F~
D~ Notice of Applicable Time Limits
1~ Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional .use permit shall be valid for a Inaximum .period
of eighteen (18) months unless otherwise approved by the counciL During this time,
the :permit holder must commence the use as perluitted :in accordance with the
conditions of approval, satisfy the requirelne.nts set forth in the conditions of approval,
acquire building permits and commence construction ofpermane.nt footings or
structures on or in the ground.. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for th.e project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an applicatio.n for a time extension on the project for city council review. The
applicatio.n for time extension shall be su.bmitted at least thirty (30) days prior to the
deadline for co.mpletion of the project For projects requiring platting, the final plat
must be recorded within this eighteen (18) montll period. For .projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase~ In the event that
the development is made in successive contiguous segments or multiple :phases, such
phases shall be constructed within successive intervals of one year from. the original
date of approval by the counciL If the successive phases are not submitted within one
year intervals, the conditional ap.proval of the future p.hases shall be null and void~
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take .notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat After approval affinal plat, the owner or developer shall have one year to begin
construction of tIle public utilities and on.e year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner lnay
request a regulatory taking analysis~ Such request must be in writing, and. .must be filed
with the City Clerk not .more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-Ol I I PP-OS-OI3 j CUP-OS-OlS- PAGE 3 Of 5
("
concerning the matter at issue. A request for a regulatory takings analysis will toll the
tilne period withill which a Petition for Judicial Review Inay.be filed.
2~ Please take notice that tl1is is a final action of the govelning 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 pro.perty which may be adversely affected by the issuance or denial of
tIle conditional use pelmit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
Exllibit B:
Exhibit c:
Exhibit D:
Exllibit E:
Exhibit F:
Exhibi t G:
Exhibit H:
Exhibit I:
Legal Description
Ap.proved Preliminary Plat (with conditions)
Approved. Site Plan (with conditions)
Annexation and Zoning COffilnents
Preliminary Plat Site Specific and Standard Conditio.us
CUP/PD Site Specific and Standard Conditions
Zo.ning Alnendment Findings
Prelilninary Plat Findings
CUP /PD Findings
By action of tIle City Council at its regular meeting .held on the J4 i~
-ff\Ill) , 2005 ~
day of
COUNCIL MEM.BER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED A0<)f;NT
COUNCIL MEMBER CHARLIE ROUNTREE
VOT.ED l~ CU
COUNCIL MEMBER KEITH BIRD
VOTED t~ ~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC.IS.ION & ORDER
CASE NOeS). AZ-OS-O 11 / PP-OS-O 13 I CUP-OS-O 15- PAGE 4 Of 5
l
".::..
Attest
and City Attorney.
B~: J j /
City Clerk's Office
Dated: 6 - 2lo -Cf5
CITY OF MERIDIAN FlNDINGS OF .FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OIl / PP-OS-OI3 I CUP-OS-OlS- PAGE 5 of5
(. .
(::n:::.....
EXHIBIT A
Lyndhurst Grove Subdivision
AZ-05-011
Legal Description
1................................. .......~...--=................. . ...... . .. ............... ..... .. .. ~ .... .......:............:..~I.
. . v....v.::... ....... ........ ::..:..... . ~..:....:--:....::...... .. . . . ... ....... .. ...... . ..:~::.:.:...:::::::. ::.~:..;..;.;.;.,..;;.::..: -.-::--:i.:,-'::: ~:~: -:..- .... :................ ......... ......... .- ....:........................-...................-:....:. ....~..:-.......-......... :...... 0...:v..:.:..v:v.......:......-...
Jepson Properly
Boundat)f DeS(IjJ)tion
A parcel located in the SW .~ of the NVV 'YA of Section 11 i To\vnship 3 Northt Range 1
West. Boise Meridian. Ada Countyt Id~ho, rnore particularly described as foUows;
BEG'NNING at a 5/8 inch diameter iron pin marIdng the southeast corner of said SW ~
of the NW -X (CW llr6 Comer) fronl \uhich i:1 brass cap monument Inarking the
south\vest corner of the NW ~ of said Section .11 {~ Corner} bears N 89011 t261r W a
distance of 1322,57 feet;
Thence N 89(}11~26t1 W along the southerly boundary of said SW ~ of the NW ~ a
distance of 467.89 feet to a 518 inch diarneter iron pin~
Thence leaving said southerly boundary N on47154u E a distance of 709.62 feet to a 518
inch diarneter iron pin;
Thence S 61 001 156" E a distance of 528.05 feet to a 5/8 inch diameter iron pin on the
easterly boundary or said SW 'X of the NW r;~
Thence S OU30~O~ W atong said easterly boundary a distance of 460.43 feet to the
POINT OF BEGINNING.
This parcel contains 6.26 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Sofutions. PC
Ja n lIary 28. 2005
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EXHIBIT B
Lyndhurst Grove Subdivision
PP-05-013
. .. .. . ~ppro.ved Prelimi.~~~Y. ~~~~ .
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EXHIBIT C
Lyndhurst Grove Subdivision
CUP-OS-015
Approved Site Plan
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EXHIBIT D
Lyndhurst Grove Subdivision
AZ-OS-Ol1
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. The legal description (dated 1-28-05, stam:ped by Clinton W. Hanse.n) shows the
property as contiguous to the existing corporate boundary of the City of Meridian.
(
EXHIBIT E
Lyndhurst Grove Subdivision
PP-OS-013
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Bailey Engineering, Inc., dated 2-11-05, is
approved, wit11 the conditions listed herein. All conditions of the accompanying
AlU1exation/Zoning (AZ-05-011) and Conditional Use Permit (CUP-05-GI5)
application shall also be considered conditions of the Preliminary Plat (PP-05-
013).
2. Construct Broughaln Drive as a public stub street to the recently approved
Somlnersby Subdivision to the west, as proposed.
3. The submitted landscape plan prepared by The Land Group, Inc~, dated 2-7-05 is
not approved as submitted. The proceeding notes/modifications should be shown
on a revised landscape plan:
· Depict a 20-foot wide landscape buffer lot outside of the 35-foot wide right-
of~way required by ACHD for Pine Avenue. The width of said landscape
buffer shall not include the width of the req.uired sidewalk for Pine Avenue. In
accordance -with MCC 12-13-10-6, install one tree for every 35-feet of
frontage on. the Pine Avenue rigllt-of-way.
· Depict a 5-foot wide micropath on Lot 1, Block 2. Construct a minimum 5-
foot wide landscape strip on both sides of tl1e micropath. Said .micropath sIlall
connect to the existing foot bridge crossing of the Eigllt Mile Lateral and
terminate at the sidewalk for .Brougham Drive. Fences adjacent to .pathways
are recommended to be see-through. If solid fencing is used adjacent to
pathways it should not exceed four feet in height
· TIle applicant shall work with the City Arborist, Elroy Huff, on. designing,
adoptin.g, and implementing a protection/mitigation plan for the existing trees
on site~
· All areas being counted toward the open s.pace req.uirement shall be free of
"wet ponds" or other such nuisances. All stonnwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
Ten full-size copies of a revised landscape vlan (and one 8. 5" x 11 H copv)
depicting the above changes/modifications shall be Sllbmitted to the City Cleric at
least 10 davs prior to the Citv Council public hearing date.
(... .
4~ Prior to signature of the final plat by th.e City Engineer, relocate the existing
single-family home to Lot 14, Block 2, and remove all otller structures on tllis
site, as proposed~
5. The applicant has not indicated who will OWll and o.perate the pressurized
irrigation systeln witllin this developmen.t~ Underground year-round pressurized
irrigation must be provided to all lots within this development The City of
Meridian requires that pressurized irrigation systelns be supplied by a year-round
source of water. If the pressurized irrigation system witllin this development is to
remain a .private homeown.ers' association system, complete plans and
specifications shall be reviewed by tIle Public Works Department as part of the
development plan review process~ A draft copy of the pressurized inigation
system O&M manual shall be submitted prior to plan approvaL The applicant
shall be required to utilize any existing surface or well water for the primary
source. If a surface or well source is not available, a single-point connection to
the culinary water system shall be required. If a single-point connection is
utilized, the developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer~
6. Except for the Eig.ht Mile Lateral, all irrigation ditches, laterals or canals,
exclusive of.natural waterways, intersecting, crossing or lying adjacent and
contiguous to the area beil1g subdivided shall.be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works .Department Iflateral users associatio.n approval
can't be obtained, pla.ns will.be reviewed and 8:pproved by the Me.n.dian City
Engineer prior to final plat signature~ Protect the Eight Mile Lateral, a significant
natural feature, through standard storm water and run-off Inanagement .practices4
7. A detailed fencing .plan shall be submitted upon application of the final plat. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perilneter prior to issuance of building
permits4 All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way. All fencing shall be installed in accordance with MCC 12-4-10. Fencing
adjacent to any m.icropaths/multi-use :pathways shall be installed in accordance
with MCC 12-13-15-94
8. Permanent sanitary sewer service to this development is not available at this time~
The ap.plicant will be responsible for the extension of utilities to and through this
pro.posed development and any .upsizing or improvements to the lift station at The
Courtyards at Ten Mile. Sizing and routing shall be coordinated with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service4 If this application is
approved, development shall be subject to availability of the sanitary sewe.r~
(
9~ Water service shall be from extensions of the existing main in W~ Pine Street.
Ap.plicant will be responsible to construct the sewer and water mains to and
through this pro.posed development, thereby.making them available to adjacent
properties. Subdivision d.esigner to coordinate Inain sizing an.d routing witll the
Public Works Department. Applicant shall execute City of Meridian standard
forms of easements, for any mains that are required to .provide service.
1 O. Applicant shall be responsible for the payment of sewer an.d water assessments,
and the actual physical water and sewer service connections to the existing
residence. Existing well and. septic systems shall be abandoned in accordance
with the applicable jurisdictional standards.
11. Maintenance of all common areas shall be the responsibility of the Lyndhurst
Grove Homeowners' Association~
12. Direct lot access to Pine Avenue is prohibited. A note shall be :placed on the final
plat restricting access to Pine Avenue.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision .pursuant to MCC 12-13-10-8~
3. A letter of credlt or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape and fe.ncing .plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for tIle
subdivision with the final plat application~
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6. Two-hundred-fiftyand one-hundred-watt, high-:pressure sodium streetlights will
be required at locations designated by the Pu.blic Works Department All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations~
7. Any tree over 4" in caliper that is removed from the property shall .be replaced b)l
installing additional trees, being the equivalent number of caliper inches of trees
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c.. ...:
that were removed. Required landscaping trees will not be considered. as
replacement trees for those trees tllat have to be mitigated.
8. SUbluit any u.p-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Departlnent for review. Any
drainage areas (detention/retention basil1s) must be designed to ensure that water
will percolate or discharge with a pe.riod of time not to exceed 24-ho.urs for all
sto.nus up to and including a IOO-year stann events. Side slopes within drainage
areas shall not exceed. 3: 1 ~ Any portion of a drainage area not improved with
sod/grass seed (or otller approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining tIle groundwater, soil type & and
c.haracteristics during the design and construction phases. TIle engineer shall be
required to certify that the street centerline elevatio.ns are set a :minimUlTI of 3-feet
above tIle highest established normal groundwater elevation~ This is to ensure
that the .bottOlTI elevation of the crawl spaces of homes is at least I-foot above
groundwater.
9. The applicant shall coordinate mailbox locations with the Meridian Post Office.
1 O. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4~8. Wells may be used for non-domestic purposes such as landscape irrigation.
II. Compactio.n test results must be submitted to the Meridian Building Department
for all building-pads receiving engineered backfill, where footil1g would sit atop
fill material ~
12. Applicant's engineer will be required to sub.mit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above tIle higllest established nonnal groundwater elevation~
13. The applicant shall be required to :pay Public Works development plan review,
and construction inspection fees, as determined during tIle plan review process,
prior to signature on the final plat per Resolutio.ll 02-374~
14. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers~
15. A.pplicant shall be responsible for application and compliance witll and NPDES
Permitting that may be required by the Environmental Protection Agency~
16. Staffs failure to cite specific ordinance provisions or terms of tIle approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance~
t..
17. Preliminary plat approval s.hall be subject to the expiration provisions set fortIl in
MCC 12-2-4.
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire l1ydrants shall be
placed an average of 500' apart. International Fire Code Appe.ndix C.
2~ Acceptance of the water supply for fire protectio.n will be by tIle Meridian Fire
Department and water quality .by the Meridian Water Department for bacteria
testing~
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
.Department.
a. .Fire Hydrants shall have the 4 'i2" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire .hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on. corners when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 1 0' ~
g~ Fire hydrants shall be place 18" above finish grade.
h. Fire :hydrants sIlal1 be provided to meet the requirements of the IFC
Section 509.5.
4. TIle phasing plan .may require that any roadway greater tl1an 150' in length that is
not .provided with an outlet sIlaIl be required to have an approved. turn around~
5 · All entrance and internal roads sllall have a tu.rning radius of 28' inside and 48'
outside radius~
6~ O.perational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required. before combustible constructio.n is brought on
si te.
7. The proposed 36-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 1 04 residents at build out
8. All :portions of the buildings located on this project must be within 150' of a
paved surface as measured around the perilneter of tIle building.
9 · Wllere a portion of the facility or building hereafter constructed or llloved into or
within. the jurisdiction is more than 400 feet (122 In) from a hydrant on a fire
apparatus access road, as measured by an approved. route around the extell0r of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped thrOUgllout with an approved autolnatic
sprinkler system installed in accordance with Section 903~3~1~1 or 903.3.1.2 the
distance requirement shall be 600 feet (183)..
a. For Group R-3 and Group U occupancies, the distance requirement s11all .be
600 feet (183 m)..
b~ For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3~ 1.1 or 903..3.1 ~2, the
distance requirelnent shall be 600 feet (183 :m).
MERIDIAN PARKS DEPARTMENT
1 ~ Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed~
2~ Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of.Meridian Landscape Ordinance (MCC 12-13-13) will be
fol1owed~
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS O.F ApPROVAL
1.. Dedicate a total of 35-feet afright-of-way from the centerline afPine Avenue
abutting the site~ Widen the pavement to one half of a 46-foot street section and
construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached.) concrete
sidewalk abutting the site on Pine Avenue~
2. Locate the entrance street, Lyndhurst Avenue, to intersect Pine Avenue
ap.proximately 11 Q..feet east of the west property line (measured property line to
centerline), as proposed.
3. Construct the internal local streets as 36-foot street sections with curb, gutter, and
5-foot concrete sidewalks witllin 50-feet of right-of-way, as proposed.
4~ Extend the stub street (Brougham Drive) at the west property line from the
proposed Sommersby Subdivision into the site as proposed.
5. Construct a turnaround at the terminus of Brougham Place with a minimum 45-
foot turning radius and no center island, as proposed.
6. Comply with all Standard Conditions of Approval..
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STANDARD CONDITIONS OF ApPROVAL
1 ~ Any existing irrigation facilities shall be relocated outside of tIle right-of-way~
2~ All utility relocation costs associated with improving street frontages abuttin.g the
site shall be borne by the developer~
3. Replace any existing dalnaged curb, gutter and sidewalk and any that may be
dalnaged during the co.nstruction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details~
4~ Utility street cuts in pavelnent less than five years old are .not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file n.umbers) for details~
5~ All design and constru.ction shall be in accordance with. tIle Ada County Highway
District Policy Manual, ISPWC Standards and approved su.pplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein~ An engineer registered in the State of Idaho shall
prepare and certify all im.provement .plans~
6~ The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), .which incorporates any req.uired
design changes~
7 ~ Construction, .use and property development shall .be :in conformance with all
applicable requirements of tIle Ada County Highway District prior to District
approval for occupancy~
8~ Payment of applicable road impact fees are required prior to .building construction
in accord.ance with Ordinance #200, also known as Ad.a County Highway District
Road. Impact Fee Ordinance~
9~ It is the responsibility of the applicant to verify all existing utilities within the
.right-of-way. The applicant at no cost to ACHD shall repair existing utilities
dalnaged by the applicant~ The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to brea.king ground within
ACHD right-of-way. Tb.e applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid .unless they
are in writing and signed by the ap.plicant or the ~pplicant' s authorized
representative and an authorized representative of the Ada County Highway
District The burden shall be u.pon the applicant to obtain writte.n confirmation of
any change from tIle Ada County Highway District.
co .,.. ..
11 ~ Any change by the applicant in the planned use of the property which is the
su.bject of this applicatiol1, s11all require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and. legal restrictions in force at
the tilne the applicant or its successors in interest advises the Higllway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the cllange in use is sought.
C.ENTRAL DISTRICT HEALTH DEPARTMENT
1 ~ This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted~
2~ The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3~ Run-off is not to create a mosquito breeding problem.
4. Stormwater shall .be pretreated thrOUgll a grassy swale prior to discharge to th.e
subsurface to prevent impact to groundwater and surface water quality~
5. The Engineers and architects involved with the design of tIle subject project shall
obtain current best management practices for stonnwater disposal and design. a
stormwater managelnent syste.1TI that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. All laterals and waste ways must be protected. The District's Eight Mile courses
through this pro.posed project This easement must .be protected and any
encroachment without a signed License Agreelne.nt and approved plan, before any
construction. is started, is unacceptable.
2. All Inun.icipal surface drainage must be retained on site. If any municipal surface
drainage leaves the site, the .N alnpa & Meridian Irrigation District must review
drainage plans.
3~ The developer must comply with Idaho Code 31-3805.. It is recommended that
irrigation water be made available to all developments within. tIle Nampa &
Meridian Irrigation District
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EXHIBIT F
Lyndhurst Grove Subdivision
CUP-05-015
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD)
1. The site plan prepared by Bailey Engineerin.g, Inc., labeled PU.D, dated. 2-11-05,
is approved, with the conditions listed herein. The applicant shall meet all of the
requirements of the Annexation/Zoning (AZ-05-011) and Preliminary Plat (PP-
05-13) as a condition of the Conditional Use Permit (CUP~05-015).
2. The project shall conform to the R-8 dimensional standards, except as follows:
· Minimum frontage (attached lots):
· Minimum lot size:
50-feet (non cul-de-sac lots).
3,600 sq.u.are-feet (attached)
4,500 square- feet (detached)
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved witll tl1is CUP application~
3 · The following amenities are required as part of the Planned Development:
playground equipment and a picnic area including tables and a BBQ on Lot 21,
Block 2; Six (9) percent of the site set aside as useable open space; and, a
micropath on Lot 1, Block 2, connecting to the pedestrian bridge across the
Eight Mile Lateral. The applicant shall be required to obtain a Certificate of
Zoning Compliance (CZC) from the City prior to construction of any permanent
structures on the proposed park lot~
4. Construction within Lyndllurst Grove Su.bdivision shall substantially comply with.
the elevations submitted by the applicant and on file with the City. Construction
materials used on the structures shall be approved by the City of Meridian
Building Department and in accordance with the most recent Building Code.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1~ One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of500' apart Intematio.ual Fire Code Appendix C.
2. Acceptance of tIle water sll:p.ply for fire protection will be by the Meridian Fire
Departm.ent and water quality by the Meridian Water Department for bacteri.a
testing~
(.
3. Fillal Approval of the fire hydrant locations sllall be by the Meridian Fire
Department.
a~ Fire Hydrants shall have tIle 4 12" outlet face the main street or parking lot
aisl e~
b~ The Fire llydrant s]lall not face a street which does not have addresses on
it
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants sllaII have the curb painted red 10' to each
side of the hydrant location.
e.. Fire Hydrants shall be placed on comers when spacing permits.
f~ Fire hydrants shall not have any vertical obstructions to outlets within. 1 0'.
g~ Fire hyd.rants shall be place 18" above .finish grade.
h~ Fire hydrants shall be provided to meet the req.uirements of the IFC
Section 509.5~
4. The phasing plan may require tllat any roadway greater than 150' in length that is
not provided witll an outlet shall be required to have an ~pproved turn around~
5~ All entrance and internal roads shallllave a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before cOlnbustible construction is brougllt on
si te.
7~ The proposed 36-lot subdivision with an estimated 2.9 residents per household
would have a total estimated po.pulation of 1 04 residents at .build out.
8~ All .portions of the buildings located on this .project must be witllin 150' of a
paved surface as measured around the perimeter of the building~
9 ~ Wllere a portion of the facility or b.uilding hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (.122 m) from a l1ydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3 ~ 1 ~ 1 or 903.3 .1.2 the
distance requirement shall be 600 feet (183)~
a~ For Group R-3 and. Group U occupancies, the distance requirement shall be
600 feet (183 m)~
b~ For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1 ~ 1 or 903 ~3 .1.2, the
distance requirement shall be 600 feet (183 .m).
(:. ..
(. . .'
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MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in. the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed~
2.. Stan.dard Plal1 for Protection of Existing Trees d.uril1g COIlstruction: Th.e standard
established in the City of Meridian Landscape Ordinance (M CC 12-13 -13) will be
followed.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS O.F ApPROVAL
1 ~ Dedicate a total of 35-feet afright-of-way from the centerline of Pine Avenue
abutting the site.. Widen the pavem.ent to one l1alf of a 46-foot street section and
construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete
sidewalk abutting the site on Pine A venue~
2~ Locate the entrance street, Lyndhurst Avenue, to intersect Pine Avenue
approximately 11 O-feet east of the west property line (lneasured property line to
centerline), as pro.posed~
3~ Construct the internal local streets as 36-foot street sections witll curb, gutter, and
5-foot concrete sidewalks within 50-feet of:right-of-way, as proposed.~
4~ Extend the stub street (Brougham Drive) at tIle west property line from the
proposed Sommersby Subdivision into the site as .proposed.
5. Construct a turnaround at the terminus of Brougham Place with a minimum 45-
foot turning radius and .no center island, as proposed~
6~ Comply with all Standard Conditions of Approvat
ST ANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way~
2. All utility relocation. costs associated with improving street frontages abutting tile
site shall be .bo:me by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file .number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
ap.proved in writing by the District Contact the District's Utility Coordinator at
387-6258 (with file nUlnbers) for details.
5~ All design and co.nstruction shall be in accordal1ce with the Ada County Highway
District Policy Manual, ISPWC Standards alld approved supplenlents,
Construction Services procedures and all applicable ACH.D Ordinances unless
specifically waived herein. An engineer registered in the State of Idallo shall
.prepare and certify all improvement plans~
6~ The applicant shall sublnit revised plans for staff approval, prior to issuance of
building pennit (or other required permits), which inco1]Jorates any required
design changes.
7 ~ Construction, use and property development sIlall be in conformance with. all
applicable requirements of the Ada County High.way District prior to .District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Higllway District
Road Im.pact Fee Ordinance~
9~ It is the responsibility of the ap.plicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic O.perations 387-
6190 in the event any ACHD conduits (spare or filled) are cOlnpromised. during
any phase of co.nstruction~
10. No change in tIle tenus and conditions of this approval shall .be valid unless they
are in writing and signed by the applicant or the ap.plicant's authorized
representative and an authorized representative of the Ada County Highway
District The burden shall be upo.n the applicant to obtain. written confirmation of
any change from the Ada County High.way District
11 ~ Any change by the applicant in the planned. use of the property Wllich is the
subject of this a.pplication, s.halI require tl1e applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval froIn appropriate entities is submitted~
c.
2. The Applicant's central sewage and central water plans lTIUSt be sublnitted to and
approved by the Idaho Departlnent of Health & Welfare, Division of
Environmental Quality~
3. Run-offis not to create a mosquito breeding problem~
4. Stonnwater s.hall.be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5~ The Engineers and architects involved with the design of tIle subject project shall
obtain current best managelnent practices for storlTIWater disposal and design a
storm water management system that .prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. All laterals and waste ways must be protected. The District's Eight Mile courses
through this proposed project. This easement must be protected and any
encroachment without a signed License Agreement and ~pproved plan, before any
construction is started, is unacceptable.
2. All municipal surface drainage must .be retained on site. If any .municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans.
3~ The developer .must comply with Idaho Code 31-3805. It is recommended that
irrigation water-be made availa.ble to all developments within tIle Nampa &
Meridian Irrigation District
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EXHIBIT G
Lyndhurst Grove Subdivision
AZ-05-011
Zoning Amendment .Fi.ndings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
uto review the particular facts and circumstances of each proposed zoning amendment in
terms ofthefollowing standards and shallfind adequate evidence answering the
following questions abotl! the proposed zoning amendment. "
The following is the lis t of standards found in 11-15 -11 and analysis by City Council.~
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Cllapter VII of the Comprehensive Plan, (.mediuln density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre. Consistent with the Comprehensive Plan Future Land Use Map, the
ap.plicant is requesting that all the subject site .be zoned R-8 (Medium Density
Residential)~ The R-8 district allows for a maximum of eight (8) dwelling units
per acre (MCCl1-7-2.C)~ The :proposed residential density is 5~75 gross dwelling
units per acre. City Council .believes that if an R-8 zone (and associated PP and.
CUP applications) is ~pproved, the pro.posed zoning/density will allow a sInoath
transition from the multi-family to the west and the single-family to the east.
City Council finds the following Goals, O.bjectives, and Action itelTIS contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
· "Require new residential development to lneet development standards
regarding landscaping, signage, fences and walls, etc~" (Chapter VII, Goal
I, Objective C, Action item 4)
If the applicant complies with the conditions in this report, the
development will meet the standards for landscapillg, signage, fences and
walls outlined in City Code.
· "Encourage intill development in vacant/und.erdeveloped areas within the
City over fringe area development to halt the outward .progression of
urban development." (Chapter V, Goal I, Objective A)
This parcel is underdeveloped and is considered infill development.
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· "Support a variety of residential categories (low-, medium-, and l1igll-
density single-family, multi-fatuity, townhouses, du.plexes, apartments,
condominiu.ms, etc.) for the purpose of providing the City with a range of
affordable housing opportunities~" (Chapter VII, Goal IV, Objective C,
Action itelTI 1 0)
City Council is supportive of the variety of housing types and density
proposed for this area. The proposed housing types (single-family
attached and detached), adds to the variety of ho.using opportunities that
currently exist in this area.
· "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throu.ghout commercial,
industrial a.nd residential areas." (Chapter V, Goal I, Objective A, Action
item 11)
The applicant is proposing to leave the Eight Mile open abutting this site.
The Eight Mile should be protected during construction of the proposed
development.
· "Require useable open space to be incorporated into new residential
su.bdivision plats." (Chapter VII, Goal IV, O.bjective C, Action. item 3)
The app~icant is proposing to set aside approximately 6 percent of the site
as useable open space~
In addition, in the applicant's letter (from Shawn Nickel) other Comprehensive
Plan policies are listed supporting the annexation and proposed residential 'use of
the property~ City Council finds the overall design of the subdivision is in general
conformance with the city of Meridian Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the ap.plicant has
sublnitted a preliminary plat and conditional use permit, pro.posing single-family
lots on the subject site (Lynd.hurst Grove Su.bdivision, PP-05-013 & CUP-05-
015).. City Council does not anticipate that the applicant plans to rezone the
subject property in the future if the accom.panying CUP and PP applications are
approved.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
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City Council finds that tIle proposed sil1g1e-family uses are allowed within the
requested R -8 zone~
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
City Council finds that other properties in the area have been developed in a
Inaruler similar to the proposed subdivision, with single-family dwelling u.nits.
Haven Cove Subdivision, Kelsee Park Subdivision, and Berkeley Square
Subdivision, to nalne a few in the area, have developed (or are developing)
similar to the proposed project
Pine Avenue l1as not been widened recently abutting this site. Pine Avenue in this
area is not currently sc.heduled within ACHD's Five Year Work Program or
Capital Improveluents Plan (CIP) for roadway widening. Ten Mile Road, from
Cherry Lane to Franklin Road, is currently within ACHD's Five Year Work
Program for construction in 2007 ~ This project includes signalization of the Ten
Mile Road/Pine Avenue intersection.~ Other urban services, such as sewer and
water, are near to this site and the applicant sh.ould be able to extend such services
to the site~ City Council finds that tIle subject site is .proposed for development in
a fashion silnilar to other properties in the area~
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant is proposil1g two types of single-fatuity dwellings for this site~
Twelve of the thirty-six proposed dwellings are attached single-family
(townhouse) and twenty-four are detaclled single-family. City Council finds tl1at
this mix of housing types fits into the existing and antici,pated h.ousing stock of
this area, which includes both single-family and multi-family dwellings. City
Council finds tl1at the requested zoning, pro.posed residential d.welling types and
the proposed density is co.nsistent with a medium d.ensity urban project Further,
based on the Comprehensive Plan, City Council believes that some of the existing
large county parcels in the area (south) will redevelop with similar densities in the
near future. City Council also finds that the proposed zoning/uses can .be designed
and constructed in a manner that will be harmonious with, and appropriate in
appearance with, the existing and intended character of the surrounding area.
TIle existing cllaracter of the area will, and is, currently cllanging, especially upon
build-out of the proposed project and other similar subdivisions in the general
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vicil1ity~ However, City Council does not find that the proposed zoning/uses will
adversely cllange the essential character of area.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The applicant l1as submitted sample front elevations for tIle proposed attached and
detached dwelling units. City Council believes that the design of the dwelling
units will be compatible witll the adjoining uses, if the buildings are constructed
as shown on the submitted elevatio.ns~ City Council does not anticipate that the
pro:posed residential uses will be disturbin.g or hazardous to existing or future uses
as long as the conditions outlined in this r~port are complied with and house
construction is conducted in a manner consistent with City Code~
G. Will the area 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 zoning amendment shall be able to provide
adequately any of such services;
City Co.uncil finds that the applicant's engineer has proposed to .provide domestic
water service to the site via existing mains adjacent to the project site, 110wever
permanent sanitary sewer service by gravity means is not available at tllis tim.e.
Applicant proposes to temporarily sewer this .project to the private existing lift
station at The Courtyards at Ten-Mile~
The ap.plicant and/or future property owners will be required to .pay park and
highway impact fees~
On April 13, 2005, ACHD approved this development with site-specific and
standard conditions. The ap.plicant should co.mply with all requirements of the
ACHD. Please review the ACH.D report for additional information regarding this
finding.
On March 25, 2005, a joint agency/departIne.nt comments meeting was held with
representatives of key service providers to this property. Based on the joint
, agency/department meeting and other comments received from
agencies/departments, City Council finds that oth.er than sewer, the public
services listed above can be made available to accoffilnodate the proposed
development.
H. Will not create excessive additional requirements at public cost for public
facilities and services and wiD not be detrimental to the economic welfare of
the community;
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If approved, the developer will be finan.cing the extel1sion of sewer, water, local
street infrastructure, utilities and irrigation services to serve tIle project The
prilnary public costs to serve the future residents will be fire, police, schoo]
facilities and. services. City Council finds there will not be excessive additional
requirelnents at public cost and that the proposed annexation and zoning will not
be detrimental to the cOlnmunity's econolnic welfare.
I. Will the proposed uses not involve uses, activities, processes, mater.ials,
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;
Accordi.ng to ACHD the proposed project is anticipated to generate 350 ad.ditionaI
vehicle trips per day. City Council recognizes that traffic and noise will increase
with the approval of this subdivision; however, City Council does not believe that
the amount generated will be detrimental to the general welfare of the public. City
Council does not anticipate the :proposed annexation and subsequent uses \\Till
create excessive noise, s.moke, fumes, glare, or odors. City Council finds that the
:proposed residential zonil1g1uses will not be detrimental to peo.pIe, property or the
general welfare of the area.
J. Will the area have vehicular approaches to the property which shaD be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from Pine Avenue (Lyndhurst Avenue) and extend a stub street from the west
(Brougham. Drive). The ap.plicant is not proposing to extend Clara Drive from the
north, in Haven Cove Subdivision.. Instead of constructing a vehicular crossing of
the Eight Mile Lateral, th.e applicant is proposing to utilize the existing pedestrian
crossing~ City Council is su.pportive of this pro.posal, as a vellicular crossing to the
north is being provided with the Sommersby development just to the west Please
review the ACHD report for this project for additional information regarding this
finding.. If the proposed vehicular approaches (streets) are approved and accepted
by ACHD, City Council d.oes not believe that the subdivision will create
interference with traffic on the surrounding public streets~
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major .importance; and
The applicant is proposing to leave the Eight Mile Lateral open adjacent to the
site. City Council finds that the Eight Mile Lateral is a significant natural feature
that should be protected through standard stormwater and run-off management
.practices. City Council also finds tllat there are some existing trees and other
mature landsc8:ping on this site. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13)~
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TIle applicant should work with. the City Arborist, Elroy Huff, on designil1g and
implementing a protection .plal1~ If any trees are deemed to be a hazard, diseased
or dying by the City Arborist, :prior to relTIoval, mitigation will not be required for
those trees~
City Council finds that the proposed annexation and zoning should not result in
the loss or d.amage of any natural or scenic features, as long as the existin.g trees
are protected/mitigated and the Eight Mile Lateral is .protected in manner that
does not negatively impact its beauty~
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description sublnitted with the application, prepared by LandSolutions,
Inc., shows that the property is contiguous to the existing corporate bo.undary of
the City ofMeridian~ T.he land directly north, east and west of the subject property
was previously annexed into the City and tllis is a logical expansion of the City
boundary. TIle applicant is proposing to develo.p the land in substantial
cOlnpliance with the City's Compre.hensive Plan. In accordance with the findings
listed above, City Council finds th.at the annexation/zonillg of this property would
be in the .best interest of the City.
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EXHIBIT H
Lyndhurst Grove Subdivision
PP-05-013
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J~2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Comln.ission/CounciI shall consider the
objectives of this title and at least the followin.g:
A. The conformance of the subdivision with the Comprehensive .Development
Plan;
Please see Annexation and Zoning item "A"~
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
pro.posed development .Please see Ann.exation and Zoning items "G" and "H" for
more details.
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the deve.loplnellt
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D. The public fmancial capability of supporting services for the proposed
development;
Please see Annexation and Zoning item "H" and the Agency Comments and
Co.nditions at the end of this report for details~
E. Th.e other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any health, safety or e.nvironmental proble.ms
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
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EXHIBIT I
Lyndhurst Grove Subdivision
CUP-OS-015
C.UP/PD Findings
The Commission and Council shall review the particular facts and
circumstances of each proposed conditio.oal use in terms of the following
and. .may approve a conditional use permit if they shall find evidence
presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage and lot size requirements of the R-8 zone, as required
by Meridian City Code~
City Council finds that the subject .property is large enough to acconunodate the
requested use and all other required ordinance features~ Although the site is large
enough to acconunodate all of the features required by ordinance, the applicallt
has asked, through the PlalU1ed Develop:ment, to modify specific development
standards.
B~ That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
City Council finds t]lat the .proposed single-family residential subdivision is
harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Medium Density
Residential" (provided the Conunission and Council grant the requested planned
development). Please see Annexation & Zoning item "A'''~
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the esse.utiaI character of the same area;
Please see Annexation & Zoning item "E"'~
D. That the proposed use, if it complies with all conditions of the app.roval
.imposed, will no~ adversely affect other property in the vicinity;
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City Council finds that if tIle applicant cOlnplies with all conditions imposed., the
.proposed developtnent will not adversely affect other properties ill tIle vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as .highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zo.ning items "G" and "H", the Other
Agency/Departtnent COlmnents and Conditions, and any commel1ts that may be
submitted to the City Clerk regarding this project
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning item "H"~
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning item "I"~
H. That the proposed use will have vehicular app.roaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexatio.n & Zoning item "J"~
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K".
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 6.26 Acres from RUT (Ada
County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Thirty-
Six (36) Buildable Lots and Five (5) Common/Other Lots AND Conditional Use Permit
Approval for a Planned Development Consisting of Attached and Detached Single-Family
Homes with a Request for Reduced Lot Sizes and Reduced Lot Frontages for Lyndhurst
Grove Subdivision, by Highland Development, .LLC.
Case No(s): AZ-05-011, PP-05-013, CUP-OS-OI5
For the City Council Hearing Date of: May 24, 2005
A. .Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three h.undred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than o.ne week
.before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509 ~
The matter was duly considered .by the City Council at tIle May 24,2005, public
heari.ng(s)~ The applicant, affected property owners, and government subdivisions
providing services within the .planningjurisdiction of the City of Meridian. were
given full o.p.portunity to ex:press comments and subtnit evidence~
b. .Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c~ The Planning and Zoning Commission conducted a .public hearing and issued a
written recommendation 0.0 the subject matter to the City Co.unci!.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter~
2. Process Facts
a~ There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff repo:rt~
CITY OF MERIDIAN FIN.DINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-OIII PP-OS-013 / CUP-OS-OlS- PAGE] of5
3~ A.pplication and Property Facts
a~ In addition. to tIle application and property facts noted in the staffreport al1d. the
Plannin.g & Zoning Recommendation for the subject application(s), it is hereby
verified that the pro.perty owner( s) of record at the time of issuan.ce of these
findings is Highland Development, LLC~
4~ Required. Findings per Zoning and Subdivision Ordinance
a. See Ex.hibits G, H, and I for the findings required for these applications~
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confe.rred u.pon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. g67-
6503).
2. 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: The City of Meridian has, by ordinance, establisl1ed the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, whicl1 was
adopted August 6,2002, Resolution N.o. 02-382 and Maps~
3. The conditions shall he reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
4. Due consideration has been given to the co.mlne.nt(s) received froIn the govermnental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the .proposed development will not
ilTI.pose expense upon the public if the attached conditions of approval are imposed.
6. Tllat the City lIas granted an order of approval in accordan.ce with this Decision, Wl1ich
shall be signed by the Mayor and City Clerk and then a copy served by tIle Clerk upon
tIle applicant, the Planning and Zoning Department, the Pu.blic Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated February 11, 2005 as shown in Exllibit B, the Site Plan dated February 11, 2005
as shown in EX]libit C, the Annexation and Zoning Comments as shown in Exhibit D,
the Preliminary Plat Site Specific and Standard Conditions as sh.own in Exhibit E, an.d
the C.UP/PD Site Specific and Standard Conditions as shown in Exhibit .F. The
conditions are co.ncluded to be reasonable and tIle applicant shall meet such
requirements as a condition of approval of the application.
c. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIO.NS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 1 I I PP-OS-O 13 j CUP-OS-O 15- PAGE 2 Of 5
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.Pursuant to the City Council's authority as provided in Meridian City Cod.e ~ 12-3-5 and
based .upon the above and foregoing Findings of Fact wI1.ich are llerein. adopted, it is l1ereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated February 11, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site .Plan dated
February 11, 2005 is hereby conditionally ap.proved.; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
:0. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council~ During this tilne,
the .permit 1101der Inust commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building .permits and commence constru.ction of.permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the .project is exceeded, the
conditional use application shall become null and void. However, tIle applicant may
submit an application for a tilne extension o.n the project for city council review~ The
application for time extension shall be submitted at least thirty (30) days prior to the
d.eadline for completion of the project For projects requiring platting, the final plat
must be recorded witllin this eighteen (18) month period9 For projects with :multiple
phases, the eighteen (18) month deadline shall ap.ply to the first phase. In the event that
the developlnent is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from tIle original
date of approval by the council. If tIle successive phases are not suhlnitted within one
year intervals, the conditional ap.proval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the .preliminary .plat, the owner or
developer shall have on.e year within which to file the request for approval of the final
plat After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities9 (MCC 12-2~49B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
requ.est a regulatory taking analysis~ Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW A.ND DECISION & ORDER
CASE NOeS). AZ-OS-O 11 / PP-OS-O 13 / CUP-OS-OlS- PAGE 3 Of 5
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concerning the Inatter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petitio.n for Judicial Review may be filed.
2. Please take notice that this is a final action of tIle governillg body of the City of
Meridian, pursuant to Idaho Code ~ 67 -6521 an affected person being a person who has
an interest in real property wh.icl1 may be adversely affected by the issuance or denial of
the conditio.nal use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided .by C.hapter 52, Title 67, Idaho
Code~
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD' Findings
By action of the City Council at its regular .meeting held on the J4-lh
, 2005 ~
F. Exhibits
Exhibit A:
Exhibit .B:
Ex.hibit C:
Exhibit D:
Exhibit .E:
Ex.hibi t F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Comments
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
day of
COUNCIL MEMBER. SHAUN WARDLE
VOTED i! lL-,
COUNCIL MEMBER CHRISTINE DONNELL
VOTED A~ENT
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED IB (L;
COUNCIL MEMBER KEITH BIRD
VOTED i fll.J
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). AZ-OS-O II / PP-OS-O] 3 I CUP-OS-O 15- PAGE 4 Of 5
Attest:
Copy served upon Applicant, The Planning and Zoning Departtnent, Public Works Department
and City Attorney.
.~ r
By: ~ ..(1.\ (l..YYl )}~ ~ fV\
City Clerk's Office
Dated: S... 21O--O;
CITY OF MERIDIAN FINDINGS OF F ACTt CONCLUSIONS OF LAW AND DECISION & O.RDER
CASE NO(S). AZ-OS-O 11 / PP-OS-O 13 I CUP-OS-O 15- PAGE 5 Of 5
EXHIBIT A
Lyndhurst Grove Subdivision
AZ-05-011
Legal Description
,...................... ....... ....-.-.:.... ....... . . ..... ... .. ..... ... .............. . ~ ~ ..:. :.:--: ".
... "!"-:;~~~...:~.. ...:.: :...:::.. ~.::-:..:.....:... ....... . ..~... ~. ... ....... .. . . . . .:/:..: .~.:::.;:~..~:.:-..:..~..:..:..::;.::.:::: .:.:.....,;;::",;,,;.-::::".: :~::.:... -............ ... . ~....: .....~... ...... ....... .............~...~~...~.~ ...._:.:....~d~.~.............-.~:.- .. .......~........~_.... ~~ ..-.:~:~~: ..-':~:...
Jepson Properiy
Bou nd ary Description
A parcel located in the SW % of lhe NW X of Sec1ioll '11 ~ Tovlnship 3 North I Range 1
West. Boise Meridian* Ada County, Idaho, more particularly descrjbed as folJows~
BEGfNNrNG at a 5/8 inch diameter iron pin Inarl<ing the southeast corner of said SW %
of the NW 'X (C~N l/f6 Comer) fronl \vhich a brass cap monument marl<ing the
southwest corner of the N\rV % of said Seclion '11 (X Corner) bears i" 89011 t26lf W a
disla nee of 1322 ~ 57 feel:
Thence N 89()11~26n W along the southerly boundary of said SW ~ of the NW Y. a
distance of 467&89 feet to a 518 inch diarneter iron pin~
Thence leaving said southerly boundary N 0047t54U E a distance of 709.62 feet to a SIB
inch diameter iron pin;
Thence S 61001156f! E a distance of 528.05 feet to a 5/8 inch diafneter iron pin on the
easterly boundary of said SW % of the f\lW y,.,
Thence S O!)30106~' W along said easterly boundary a distance of 460,43 feet to lhe
POINT OF BEGIf\JNING.
This parcel contains 6~26 acres and is subject to any easements existing or in use.
. ?R01-~.."\ 1----
,dd..t' p..."()... i (.;1
RE.:t~ -~
'S ~"I%~~:-~- .
Clinton W. Hansen I PLS
Land sorutions, PC
January 281 2005
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EXHIBIT B
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Lyndhurst Grove Subdivision
P.P-05-013
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EXHIBIT C
Lyndhurst Grove Subdivision
CUP-05-015
Approved Site Plan
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EXHIBIT D
Lyndhurst Grove Subdivision
AZ-05-011
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. The legal description (dated 1-28-05, stamped by Clinton W. Hansen) shows the
property as contiguous to the existing corporate boundary of the City of Meridian.
{- ... ....
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EXHIBIT E
Lyndhurst Grove Subdivision
PP-05-013
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Bailey Engineering, Inc., dated 2-11-05, is
approved, with the conditions listed h.erein. All conditions of the accompanying
Annexation/Zoning (AZ-05-011) and Conditional Use Permit (CUP-05-015)
ap.plication sIlall also be considered conditions of the Preliminary Plat (PP-05-
013).
2. Construct Brougham Drive as a public stub street to the recently approved
Sommersby Subdivision to tl1e west, as proposed.
3. The submitted landscape plan :prepared .by The Land Gro.up, Inc., dated 2-7-05 is
not approved as submitted. The proceeding notes/modifications should be shown
on a revised landscape plan:
· Depict a 20-foot wide landscape buffer lot outside of the 35-foot wide right-
of-way required by ACHD for Pine Avenue. The width of said landscape
b.uffer shall not include the width of the required sidewalk for Pine Avenue. In
accordan.ce -with M.CC 12-13-10-6, install one tree for every 35-feet of
frontage on the Pine Avenue right-of-way.
· Depict a 5-foot wide micropath on Lot 1, .Block 2. Construct a miniulum 5-
foot wide landscape strip on both sides of the micropath. Said micropath shall
connect to the existing foot bridge crossing of the Eight Mile Lateral and
terminate at the sid.ewalk for Brougham Drive. Fences adjacent to pathways
are recommended to be see-through~ If solid fencing is used adjacent to
pathways it should not exceed four feet in height
· The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for tIle existing trees
o.n site.
· All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required o.pen space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
Ten full-size copies of a revised landscave plan (and one 8.5" x 11 n copv)
devicting the above chan2es/modifications shall be sttbmitted to the City Clerk at
least 10 davs prior to the Citv CouncillJublic hearing date~
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4. Prior to signature of the final .plat by the City Engineer, relocate the existing
single-fatuily home to Lot 14, Block 2, and remove all other structures on this
site, as proposed.
5. TIle applicant .has not indicated who will own and operate tIle pressurized
irrigation system within this development. Underground year-round :pressurized
irrigation must be .provided to all lots within this development The City of
Meridian requires that pressurized irrigation systelTIS be supplied by a year-round
source of water. If the pressurized irrigation system within this development is to
remain a private homeowners' association system, co:mplete plans and
specifications shall be reviewed by the Public Works Department as part of the
development plan review process~ A draft copy of the pressurized irrigation
system O&M manual shall be su.bmitted prior to plan approvaL TIle applicant
shall be required to utilize any existing surface or well water for the primary
source~ If a surface or well source is not available, a single-.point connection to
the culinary water system shall be required. If a single-point connection is
utilized, the developer s.halI be responsible for the payment of assessments for the
common areas prior to signature on the final.plat by the City Engineer.
6. Except for tIle Eight Mile Lateral, all irrigation ditches, laterals or canals,
exclusive of natural watelWays, intersecting, crossing or lying adjacent and
contiguous to the area being subdivided shall be tiled. .per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate inigatio.nldrainage district, or
lateral users association (ditch owners), with written approval or non-approva]
submitted to the Public Works Department. If lateral users association approval
can't be obtainea, plans will be reviewed and approved. by the Meridian City
Engineer prior to final plat signature. Protect the Eight Mile Lateral, a significant
.natural feature, through standard storm.water and run-off management practices.
7. A detailed fencing plan shall be sub:mitted upon application of the final plat. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of b.uilding
permits. All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way~ All fencing sIlal1 be installed in accordance with MCC 12-4-10. Fencing
adjacent to any micropaths/m.ulti-use pathways shall be installed in accordance
with MCC 12-13-15-9~
8. Permanent sanitary sewer service to this development is not available at this time~
The ap.plicant will be responsible for the extension of utilities to and through this
proposed development and any upsizing or improvements to the lift station at The
Courtyards at Ten Mile. Sizing and routing s11all be coordinated with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service~ If this application is
approved, develo.pment shall be subject to availability of the sanitary sewer.
<.
9. Water service shall be from extensiOl1S of tIle existing main in W. Pine Street.
Ap.plicant will be responsible to construct the sewer and water mains to and
through this proposed development, thereby Inaking th.ern available to adjacent
properties~ Subdivision designer to coordinate main sizing and routing with the
Public Warks Department. Applicant shall execute City of Meridian standard
forms of easelnents, for any mains that are required to provide service.
10. Applicant shall be responsible for the .payment of sewer and water assessments,
and the actual physical water and sewer service connections to the existing
residence~ Existing well an.d septic systelTIS s11alI be abandoned in accordance
with the applicable jurisdictional standards.
11. Maintenance of all common areas shall be the responsibility of the Lyndhurst
Grove Homeowners' Association~
12. Direct lot access to Pine Avenue is prohibited. A note shall be placed on the final
:plat restricting access to Pine A venue~
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall.be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within tIle subdivision and on. the .perimeter of the
subdivision pursuant to MCC 12-13-10-8~
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat
4. A detailed landscape and fencing plan, in compliance with tIle landscape and
subdivision ordinance and as noted in this report, shall be sublnitted for the
subdivision with the final plat application~
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department~
6. Two-hundred-fiftyand one-hundred-watt, .high-pressure sodium streetlights win
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants~ Final design locations and quantity are
determined after power designs are completed by Idaho Power Company~ The
street light contractor shall obtain design and permit from the Public Works
Department prior conunencing installations~
7. Any tree over 4" in caliper tllat is removed from the property shall be replaced by
installing additio~al trees, being the equivalent number of caliper inches of trees
(
tllat were relnoved. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated~
8. Submit any up-dated groundwater/soils .monitoring data, as collected and
analyzed. .by a soils scientist, to the Public Works Departlnent for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with. a period of time not to exceed 24~hours for all
storms up to and including a 100-year storm events~ Side slo.pes within drainage
areas shall not exceed 3:1~ Any portion of a drainage area not im.proved with
sod/grass seed (or other approved. landscaping) shall not count towards the
required. open space area. The .project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases~ The engineer sllall be
required to certify that the street centerline elevations are set a .minimum of 3-feet
above the .highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above
groundwater.
9. The applicant shall coordinate .mailbox locations with the Meridian Post Office~
1 O~ Any existing domestic wells and/or septic systems within this .project will .have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8~ Wells may be used for non-domestic .purposes such as landscape irrigation~
11~ Compaction test results must be submitted to the Meridian Building Department
for all .building -pads receiving en.gineered backfill, where footing would sit atop
fill materi al ~
12. Applicant's engineer will be required. to submit a signed, stam.ped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above tIle highest established normal groundwater elevation~
13. The applicant shall be required to .pay Public WOl~ks development plan review,
al).d construction inspection fees, as determined during the plan. review process,
prior to signature on the final plat per Resolution 02-374.
14. Applicant shall be responsible for application and compliance WitIl any Sectio.n
404 Permitting that may be required by the Army Corps ofEngineers~
15. Ap.plicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency~
16. Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
C.. .. ..:.
('.. . ~
17~ Prelilninary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTH.ER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1 ~ One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire l1ydrants shall be
placed an average of500' apart International Fire Code Appelldix c~
2~ Acceptance of the water supply for fire protection will be by the Meridian. Fire
Department and water quality by the Meridian Water Department for bacteria
testing~
3 · Final Approval of the fire hydrant locations sIlalI be by the Meridian Fire
Department
a. Fire Hydrants shall have the 4 ~" outlet face the main street or .parking lot
aisle.
b. The Fire hydrant sllalI not face a street which. does not have addresses on
it.
c~ Fire hydrant markers shall be .provid.ed per Public Works spec.
d. Locations with fire hydrants sllall have the curb painted red 10' to each
side of the hydrant location.
e~ Fire Hydrants shall be placed on comers when spacing permits~
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g~ Fire hydrants s.hall.be place 18" above finisll grade~
h~ Fire hydrants shall be provided to .meet the require.ments of the IFC
Section 509..5.
4~ The phasing .plan .may require that any roadway greater than 150' in length that is
not provided with an o.utlet shall be required to have an approved turn around~
5. All entrance and internal roads shall have a turning radius of 28' inside and. 48'
outside radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required. before combustible cO.llstruction is brought on
si te.
7~ The proposed 36-10t subdivision with an estimated 2.9 residents per household
wo.uld have a total estimated population of 1 04 residents at build out.
8. All portions of the buildings located on this project .must be within 150' of a
paved. surface as measured around the perimeter of the building.
c..
9 ~ Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings eq.uipped throughout Wit11 an approved automatic
sprinkler system installed in aceQ rdance with Section 903.3.1 ~ lor 90 3 ~ 3 41 ~2 the
distance requirement shall be 600 feet (183).
a~ For Group R-3 and Group U. occupancies, tIle distance requirement sllall be
600 feet (183 .m)~
b4 For buildings equipped throughout witll an approved automatic sprinkler
system installed in accordance with Section 903.3 .1 ~ 1 or 903 .3 ~ 1.2, the
distance requirement shall be 600 feet (183 m)~
MERlDIAN PARKS DEPARTMENT
1 ~ Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1~ Dedicate a total of 35-feet ofrigllt-of-way from the centerline of Pine Avenue
abutting the site. Widen the pavement to one half of a 46-foot street section and
construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete
sidewalk abutting the site on Pine A venue~
2. Locate the e.ntrance street, Lyndhurst Avenue, to intersect Pine Avenue
ap.proximately 110-feet east of the west .property line (measured property line to
centerline), as proposed~
3~ Construct the internal local streets as 36-foot street sections with curb, gutter, and
5-foot concrete sidewalks within 50-feet of right-of-way, as proposed~
4~ Extend the stub street (Brougham Drive) at the west property line from the
proposed Sommersby Subdivision into the site as proposed.
5. Construct a turnaround at the terminus of Brougham Place with a :minim.um 45-
foot turning radius and no center island, as proposed.
6~ Comply witll all Standard Conditions of Approval.
("
STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way~
2~ All utility relocation costs associated witll improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing dalnaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file nu.mber) for details~
4~ Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance witll the Ada County Hig.hway
District Policy Manual, ISPWC Standards and ~pproved. supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans~
6~ The applicant shall submit revised plans for staff approval, .prior to issuance of
building permit (or other required permits), whicll incorporates any required
design changes.
7. Construction, use and property development sIlall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy~
8~ Payment of applicable road impact fees are required .prior to buildi.ng construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
9~ It is tIle responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. T.he applicant sllall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way.. The applicant shall contact ACHD Traffic O.perations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District The burden shall be upon the applicant to obtain writte.n confirmation of
any cllange from the Ada County Highway District
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11. Any change by the ap.plicant in the planned use of the property which is the
subject of this ap.plication, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property .unless a
waiver/variance of said requirements or other legal reliefis granted. pursuant to
the law in effect at the time the change in use :is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. T.his proposal can be ap.proved for central sewage & central water after written
approval from ap.propriate entities is submitted.~
2~ The Ap.plicant's central sewage and central water plans must be submitted to and
approved by the Idaho Departlnent of Health & Welfare, Division of
:Environmental Quality~
3~ Run-off is not to create a Inosquito breeding pro.blem.
4~ Stonn.water s.halI be pretreated through a grassy swale prior to discharge to the
subsurface to .prevent ilnpact to groundwater and surface water quality.
5~ The Engineers and architects involved witll the d.esign of the subject project shall
obtain current best management practices for stormwater disposal and design a
sto.rmwater management system that prevents groundwater and surface water
degradation~
NAMPA & MERIDIAN IRRIGATION DISTRICT
1 ~ All laterals and waste ways must be protected.. The District's Eight Mile courses
thrOUgll this :proposed project. This easement must be .protected and any
encroaclunent without a signed License Agreement and ap.proved :plan, before any
construction is started, is unacceptable~
2~ All municipal surface d.rainage must be retained on site9 If any municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans~
3~ The developer must comply with Idaho Code 31-3805. It is recommen.ded that
irrigation water be Inade available to all developments within the Nampa &
Meridian Irrigation District
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EXHIBIT F
Lyndhurst Grove Subdivision
CUP-05-015
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD)
1. The site plan .prepared by Bailey Engineering, Inc., labeled PUD, dated 2-11-05,
is approved, with the conditions listed herein. The applicant s.hall meet all of the
requirements of the Annexatio.nJZonin.g (AZ-05-011) and Prelilninary Plat (PP_
05-13) as a condition of the Conditional Use Permit (CUP-OS-.015).
2. The project shall conform to the R-8 dimensio.ual standards, except as follows:
· Minimum frontage (attacl1ed lots):
· Minimum lot size:
50-feet (non cul-de-sac lots).
3,600 square-feet (attached)
4,500 squ.are-feet (detached)
N 0 other varian.ces, exceptions or reductions to tIle City adopted dimensional
standards or uses are approved with this CUP application.
3. The following amenities are required as part of the Planned Development:
playground equipment and a picnic area including tables and a BBQ on Lot 21,
Block 2; Six (6) percent of the site set aside as useable o.pen space; and, a
micropath on Lot 1, Bloc.k 2, connecting to the pedestrian bridge across the
Eight Mile Lateral. The applicant shall be required to obtain a Certificate of
Zoning Compliance (CZC) from the City prior to construction of any permanent
structures on. the proposed park lot.
4. Constru.ction within .Lyndhurst Grove Subdivision shall substantially comply with
the elevations submitted by tIle applicant and on file with tIle City~ Construction
materials used on the structures sllaIl .be approved. by the City of Meridian
Building Department and in accordance with the lTIOst recent Building Code~
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DE.PARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project .Fire hydrants shall be
placed an average of 500' apart International Fire Code Appendix c~
2.. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
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3. Final Approval of the fire hydrant locations shall .be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 l;1" outlet face the Inain street or parkillg lot
aisle.
b. The Fire hydrant shall not face a street which does not h.ave addresses on
it.
c. Fire hydrant markers shall.be provided per Public Works spec.
d. Locations witl1 fire hydrants shall have the curb painted red 1. 0' to each
side of the hydrant location.
e. Fire Hydrants shall be placed. on comers when spacing .permits~
f. :Fire hydrants shall not l1ave any vertical obstructions to outlets witllin 1 0' ~
g~ Fire hydrants shall be place 18" above fil1ish grade.
11. Fire hydrants shall be provided to meet tIle requirements of the IFC
Section 509.5~
4~ T.he phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5 · All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6~ Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought 0.0
site.
7 · The proposed 36-10t subdivision witIl an estimated 2.9 residents per household
would have a total estilnated population of 1 04 residents at build out
8. All portions of the .buildings located on this project must be within 150' of a
paved surface as measured around the perimeter of the building.
9. Wllere a portion of the facili.ty or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) froIn a hydrant on a fire
apparatus access road, as .measured by an ap.proved route around the exterior of the
facility or building, on-site fire hydrants and mains shall he provided where required
by tIle code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3 ~ 1.1 or 903 ~3 .1.2 the
distance requirement shall be 600 feet (183).
a~ For Group R-3 and Group U occupancies, tIle distance requirement shall be
600 feet (183 m).
.b. For buildings equi.pped thro.ughout with an approved automatic sprinkler
system installed :in accordance with Section 903.3.1 ~ 1 or 903 .3 .1.2, the
distance requirement shall be 600 feet (183 m).
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M.ERIDIAN PARKS DEP A.RTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existillg Trees during Construction: Th.e standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1. Dedicate a total of35-feet of right-of-way from the centerline of Pine Avenue
abutting tIle site. Widen the pavement to one l1alf of a 46- foot street section an.d
construct ve.rtical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete
sidewalk abutting the site on Pine Avenue.
2. Locate the entrance street, Lytldhurst Avenue, to intersect Pine Avenue
approximately lIO-feet east of the west property line (lneasured .property line to
centerline), as .proposed.
3~ C011StruCt the intemallocal streets as 36-foot street sections with curb, gutter, and
5-foot concrete sidewalks within 50-feet of rigllt-of-way, as proposed.
4. Extend the stub street (Brou.gham Drive) at the west property line from the
proposed Sommersby Su.bdivision into the site as proposed.
5~ Construct a turnaround at the terminus of Brougham Place with a minimum 45-
foot turning radius and no center island, as proposed.
6. Comply with all Standard Conditions of Ap.proval.
STAN.DARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall.be relocated outside of the right..of-way.
2. All utility relocation costs associated with improving street fro.ntages abutting the
site shall be borne by the developer~
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged. during the construction. of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in .pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
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5. All design and construction shall be in accordance with tile Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Constru.ction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant sllall SUblUit revised plans for staff approval, prior to issuance of
building permit (or other required permits), whicl1 incorporates any required
design changes.
7 · Construction, use and property development shall be in. conformance with all
applicable requirements of the Ada County Highway District prior to District
ap.proval for occupancy.
8. Paytnent of ap.plicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway .District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full .business days .prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic O.perations 387-
6190 in the event any ACHD conduits (spare or filled) are compro.1uised during
any phase of construction.
1 O. No change :in the terms and conditions of this approval shall .be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an autllorized representative of the Ada County Highway
Distn.ct. The burden shall.be upon the ap.plicant to obtain written confirmation of
any change from the Ada County Highway District
1] ~ Any cllange by the applicant in the :planned use of the property which is the
su.bject of this ~pplication, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors .in interest advises the Highway District of
its intent to change the planned. use of the subject pro.perty unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is SOU.gIlt.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can. be approved. for central sewage & central water after written
approval from appropriate entities is submitted.
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2. T.he Applicant's central sewage al1d central water plans must be su.blnitted to and
approved by the Idaho Departlnent of Health & Welfare, Division of
Envirorunental Quality.
3. Run-off is not to create a mosquito breeding .probleln~
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to :prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved witll tIle design of the subject .project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. All laterals and waste ways :must be protected.. The District's Eight Mile courses
through this proposed project This easement m.llst be .protected and any
encroachment witho.ut a signed License Agreement and approved plan, before any
construction is started, is u.nacceptable.
2. All municipal surface drainage must be retained on site. If any :municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans~
3. The developer must comply with Idaho Code 31-3805. It is recommended tl1at
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
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EXHIBIT G
Lyndhurst Grove Subdivision
AZ-05-011
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendlnents, both the Planning & Zoning Commission and Council are required
lito review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. J'
Thefollowing is the list ofstandardsfound in 11-15-11 and analysis by City Council:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an applicatio.n for a
Comprehensive Plan amendment;
III Chapter VII of the Comprel1ensive Plan, 'medium density' is defined as areas
including single-family 110mes at densities of three to eight dwelling units .per
acre. Consistent with the Comprehensive Plan Future Land Use Map, the
applicant is requesting that all the subject site be zoned R-8 (Medium Density
Residential). The R-8 district allows for a maximum of eight (8) dwelling units
per acre (MCC11-7-2.C). The proposed residential density is 5.75 gross dwelling
units per acre. City Council believes that if an R-8 zone (and associated PP and
CUP applications) is approved, the proposed zoning/density will allow a smooth
transition from the multi-family to the west and the single-family to the east.
City Council finds the following Goals, Objectives, and Action itelTIS contained in
the 2002 Compre.hensive Plan to be ap.plicable to this ~pplication (analysis is in
italics below policy):
· "Require new residential development to meet developluent standards
regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal
I, Objective C, Action iteln 4)
If the applicant complies with the conditions in this report, the
development will meet the standards for landscaping, signage, fences and
walls outlined in City Code~
· "Encourage infill development in vacant/underdeveloped areas within tile
City over fringe area development to halt the outward progression of
urban development." (Chapter V, Goal I, Objective A)
This parcel is ttnderdeveloped and is considered infill development.
· "Support a variety of residential categories (low-, medium-, a1Id high-
density single-family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of .providing the City with a ran.ge of
affordable housing opportunities." (Cllapter VII, Goal IV, Objective C,
Action item 1 0)
City Council is supportive of the variety of housing types and density
proposed for this area. The proposed housing types (single-family
attached and detached), adds to the variety of housing opportunities that
currently exist in this area.
· "lInprove and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) tl1foughout cOffilnercial,
industrial and residential areas~" (Chapter V, Goal I, Objective A, Action
item 11)
The applicant is proposing to leave the Eight Mile open abutting this site4
The Eight Mile should be protected during construction of the proposed
development.
· "Require useable open space to be incorporated into new residential
subdivision .plats." (Cllapter VII, Goal IV, Objective C, Action itelTI 3)
The app!icanl is proposing to set aside approximately 6.percent of the site
as useable open space4
In addition, in the applicant's letter (from Shawn Nie/eel) other Comprehensive
Plan policies are listed supporting the annexation and proposed residentialllse of
the property. City Council finds the overall design of the subdivision is in general
conformance with the City of Meridian Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexatio.n and zoning application, the applicant 11as
submitted a .preliminary plat and conditional use permit, proposing single-family
lots on the subject site (Lyndhurst Grove Subdivision, PP-05-013 & CUP-05-
015). City Council does not anticipate that the applicant plans to rezo.ne the
subject property in the future if the accompanying CUP and PP applications are
approved.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turn.ing into a commercial area by means of conditional use
permits;
City Council finds tllat the proposed single-family uses are allowed within the
requ.ested R -8 zone.
D. Has there been a change in the area or adjacent areas w.hich may dictate that
the area should be rezoned. .For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
City Council finds that other properties in the area have been developed in a
manner similar to tile proposed subdivision, with single-family d.welling units.
Haven Cove Subdivision, Kelsee Park Subdivision, and Berkeley Square
Subdivision, to name a few in the area, have developed (or are developing)
similar to the proposed project
Pine Avenue has not been widened recently abutting this site. Pine Avenue in this
area is not currently sc.heduled within ACHD's Five Year Work Program or
Capital Im.provements Plan (elP) for roadway widening. Ten Mile Road, from
Cllerry Lane to Franklin Road, is currently within ACHD's Five Year Work
Program for construction in 2007. This .project includ.es signalization of the Ten
Mile Road/Pine Avenue intersection. Otller urban services, such as sewer and
water, are .near to this site and the ap.plicant sllould .be able to extend such services
to the site. City Council finds that tIle subject site is proposed for development in
a fashion similar to other :properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant is proposing two types of single-family dwellings for this site4
Twelve of the thirty-six proposed dwellings are attached single-family
(townhouse) and twenty-four are detac.hed single-family. City Council finds that
this mix of .housing types fits into the existing and antici.pated 110using stock of
this area, Wl1ich includes both single-family and multi-family dwellings. City
Council finds that the requested. zo.ning, proposed residential dwelling types and
the proposed density is consistent with a .medium density urban project Further,
based. on the Comprehensive Plan, City Council believes that some oftl1e existing
large county parcels in the area (south) will redevelo.p with similar densities in the
near future4 City Council also fin.ds that the proposed zoning/uses can be designed
and constructed in a manner that will be harmonious with, and appropriate in
appearance with, the existing and intended character of the surrounding area.
The existing character of the area will, and is, currently c.hanging, especially u.pon
build-out of the proposed project and other similar subdivisions in the general
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vicillity. However, City Council does not find tl1at the .proposed zonillgluses will
adversely chal1ge the essel1tial character of area.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The applicant has submitted sample front elevations for the proposed attached and
detached dwelling units. City Council believes that the design of the dwelling
units will be compatible with the adjoining uses, if the buildings are constructed
as shown on the sublnitted elevatio.ns~ City Council does not anticipate that the
pro.posed residential uses will be disturbing or hazardous to existing or future uses
as long as the conditions outlined in this repo.rt are complied with and house
constructio.u is conducted in a manner consistent with City Code.
G. Will the area 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 zoning amendment shall be able to provide
adequately any of such services;
City Council finds that the applicant's engineer .has proposed to provide domestic
water service to the site via existing mains adjacent to the project site, 110wever
permanent sanitary sewer service by gravity means is not available at this time.
Applicant proposes to temporarily sewer this project to the private existing lift
station at The Courtyards at Ten-Mile~
The applicant and/or future property ow.ners will be required to pay park and
highway impact fees.
On Ap.riI13, 2005, ACHD approved this develo.pment with site-specific and
standard conditions. The applicant should com.ply with all requirements of the
ACHD. Please review the ACHD report for ad.ditionaI information regarding t11is
finding.
On March 25,2005, a joint agen.cy/department com.ments meeting was held with
representatives of key service provid.ers to this .property.. Based on the joint
agency/department meeting and other COlnments received from
agencies/departments, City Council fin.ds that other than sewer, the public
services listed above can be made available to accommodate the proposed
development.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
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If ap.proved, the developer will be fi.nancing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirelnents at public cost and that the proposed annexation and zoning will not
be detrimental to the commUl1ity's economic welfare~
I. Will the proposed uses 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;
According to ACHD the pro.posed project is anticipated to generate 350 additional
vehicle trips per day~ City Council recognizes that traffic and noise will increase
witll the ap.proval of this subdivisio.n; however, City Council does not believe that
the amount generated will be detrimental to the general welfare of the public. City
Council does not anticipate the pro.posed annexation and subsequent uses will
create excessive noise, smoke, fulnes, glare, or odors" City Council finds that the
proposed residential zoning/uses will not be detrimental to people, property or the
general welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is .proposing to co.nstruct one public street entrance into tIle site
froIn Pine Avenue (Lyndhurst Avenue) and extend a stUb street from the west
(Brougham Drive). The applicant is not proposing to extend Clara Drive froln the
north, in Haven Cove Subdivision~ Instead of constructing a ve.hicular crossing of
the Eight Mile Lateral, the applicant is proposing to utilize the existing pedestrian
crossing. City Co.unci} is sup.portive of this proposal, as a vehicular crossing to the
north is .being provided with the Sommersby development just to the. west Please
review the ACHD r~port for this project for additional information regarding this
finding. If the proposed vehicular approaches (streets) are approved and accepted
by ACHD, City Council does not believe tllat the subdivision will create
interference with traffic on the surrounding public streets~
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The applicant is .proposing to leave the Eight Mile Lateral open adjacent to the
site. City Council finds that the Eight Mile Lateral is a significant natural feature
tllat should be protected through standard stormwater an.d run-off management
practices. City Council also finds that tllere are some existing trees and other
mature landscaping on this site~ Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the .Landsca.pe Ordinance (MCC 12-13-13)~
The applicant should work with the City Arborist, Elroy Huft: on designing and
ilnplementing a protectiol1 plan. If any trees are deemed to be a hazard, diseased
or dying by the City Arborist, prior to removal, mitigation will not be required for
those trees.
City Council finds t11at the proposed annexation and. zonil1g s:hould not result in
the loss or damage of any natural or sce.nic features, as long as the existing trees
are protected/tnitigated and the Eight Mile Lateral is protected in manner that
does not negatively ilnpact its beauty.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description sublnitted with the application, prepared by LandSolutions,
Inc., Sl10WS that the property is contiguous to the existing corporate boun.dary of
tIle City of Meridian. The land directly north, east and west of the subject property
was previously annexed into tIle City and this is a logical expansion of the City
.boundary. The ap.plicant is :proposing to develop the land in substantial
compliance with the City's Comprehensive Plan~ In accordance with the findings
listed above, City Council finds that the annexation/zoning of this property would
be in the .best interest of the City~
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EXHIBIT H
Lyndhurst Grove Subdivision
PP-05-013
Preliminary Plat Findings
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the ComlnissionlCouncil shall consid.er the
objectives of tllis title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexatio.n and Zoning item "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
pro.posed development. Please see Annexation an.d Zoning ite.ms "G" and "H" for
lTIOre details~
c. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require tIle
expenditure of capital improvement funds~
D. The public rmancial capability of supporting services for the proposed
development;
Please see Annexation and Zoning item "H" and the Agency Comments and.
Conditions at the end of this report for details.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council is not aware of any l1ealth, safety or environmental problems
associated with the d.evelopment of this subdivision. ACH.D considers road safety
issues in their analysis~
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EXHIBIT I
Lyndhurst Grove Subdivision
CDP-05-0.15
CUP/PD Findings
T.he Commission and Council shall review the particular facts and
circumstances of each proposed conditional use in terms of the following
and. may approve a conditional use permit if they shall find evidence
presented at the hearing(s) is ad.equate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the PlalUled Developme.nt (PD) the ap.plicant is requ.estin.g relief froln
the standard street frontage and lot size requirements of the R-8 zone, as required
.by Meridian City Code~
City Council finds that tIle subject property is large enough to accommodate the
requested use and all other required ordinance features. Although tIle site is large
enough. to accommodate all of the features required by ordinance, the applicant
has asked, through the Planned Development, to modify specific development
standards.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
City Council finds tllat the .proposed single-family residential subdivision is
harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Medium. Density
Residential" (provided the Commission and Council grant the requested planned
development). Please see Annexation & Zoning item "A".
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zo.ning item "E"~
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
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City Council finds that if the ap.plicant complies witll all conditions ilnposed, the
proposed development will not adversely affect otller pro.perties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning items "G" and "H", the Other
Agency/Department Commellts and Conditions, and any COlTIlnents tllat may be
su.bmitted to the City Clerk regarding this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and serv.ices and will D.Ot be detrimental to the
economic welfare of the community;
Please see Amlexation & Zoni11g itenl ".R".
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning item "I".
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning item "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K".
(
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 6.26 Acres from RUT (Ada
County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Thirty-
Six (36) Buildable Lots and Five (5) Common/Other .Lots AND Conditional Use Permit
Ap.proval for a Planned Development Consisting of Attached and Detached Single-Family
Homes with a Request for Reduced Lot Sizes and .Reduced Lot Frontages for Lyndhurst
Grove Subdivision, by Highland Development, LLC.
Case No(s): AZ-05-011, PP-05-013, CUP-05-015
For the City Council Hearing Date of: May 24, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first .publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The .notice of public hearing before the
City Council was posted upon th.e property under consideration more than o.ne week
before said hearing~ All other noticing was done consistent with Idaho Code ~67-
6509 .
The matter was duly considered by the City Council at the May 24,2005, public
hearing(s). The applicant, affected property owners, and govermnent subdivisions
providing services within tIle planning jurisdiction of the City of Meridian were
given full opportunity to express comments and sublnit evidence~
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testi.mony) and in th.e official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issu.ed a
written recomme.ndation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evid.ence and the record in this matter.
2. Process Facts
a. There has been cOlnpliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT~ CONCLusrONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-OS-O 11 I PP-OS-013 I CUP-OS-O J 5- PAGE] Of 5
(
3. Application and Property Facts
a~ In addition to the application and property facts noted in the staff report and the
Plalming & Zoning Recoffilnendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Highland Develo.plnel1t, LLC~
4. Required Findings .per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications~
B. Conclusions of .Law
1 ~ The City of Meridian shall exercise tIle powers con.ferred upon it by th.e "Local .Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Ida.ho Code (I~C~ ~67-
6503).
2. 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.. TIle City of Meridian has, by ordinance, esta.blished the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, Wl1ich was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council.pursuant to Meridian City Code
9 11-17 -9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisio.ns providing services in the City of Meridian .planningjurisdiction.
5. It is found public facilities and services required by the pro.posed develo.Plnent will :not
impose expense upon the public if the attaclled conditions of ~pproval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and tllen a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Pu.blic Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated February 11, 2005 as shown in Exhibit B, the Site Plan dated February 1.1, 2005
as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D,
the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and
tIle CUPIPD Site Specific and Standard Conditions as shown in Exl1ibit F. TIle
conditions are conclu.ded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
c. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS.ION & ORDE.R
CASE NO(S). AZ-OS-O 11 / PP-OS-O I 3 / CUP-OS-O 15- PAGE 2 Of 5
( ..
(~-.....
Pursuant to the City Council's authority as provided in Meridian City Code g 12-3-5 al1d
based upon the above and foregoing Findings of Fact which are .herein adopted, it is hereby
ordered that:
1. The applicant's Preliluinary Plat as evidenced by having submitted the Preliminary
Plat dated February 11, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
February 11, 2005 is hereby conditionally approved; and,
3~ The Site Specific and Standard Co.nditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. N.otice of Eighteen (18) Month Conditional U.se Permit Duration
Please take notice that the conditional use permit shall be valid for a maXimUlTI period
of eighteen (18) months unless otherwise approved by the council. During this time,
the pennit holder .must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" s11all include sewer and
water lines, streets or building construction. The applica.nt has specified in the
application and to the cOffilnission and council a construction sclledule and completion
date for the .project. If the completion date specified for the project is exceeded., tIle
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extensio.u shall be submitted at least thirty (30) days prior to tIle
d.eadline for completion of the project For projects requiring platting, the final plat
must be recorded within this eightee.n (18) month period. For projects witll multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the developlnent is Inade in successive contiguous segments or multiple phases, such
phases sllall be constructed within successive intervals of one year from the original
date of approval.by the counciL If the successive phases are not submitted witllin one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (.12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary .plat, the owner or
developer shall have one year within which to file the request for approval of the final
.plat. After approval affinal plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to com.plete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is .hereby notified that pursuant to Idal10 Code 67-8003, the Owner may
request a regulatory taking analysis. Such requ.est .must be in writing, and lnust be tiled
with the City Clerk. not more than twenty-eigllt (28) days after the final decision
ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & O.RDER
CASE NO(S). AZ-OS-O 11 / PP-OS-013 / CUP-OS-O 15- PAGE 3 Of 5
(
con.cerning the .matter at issue. A request for a regulatory takings analysis will tol] the
time period within which a Petition. for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67 -6521 an affected person being a person wh.o has
an interest in real .property which may be adversely affected. by the iss.ual1ce or denial of
the conditional use permit approval may within twenty-eigllt (28) days after the date of
tllis decision and order seek a judicial review as .provided by Chapter 52, Title 67, Idaho
Code.
F . Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comme.nts
Exhibit E: Preliminary Plat Site Specific and Standard Conditions
Exhibit F: CUP/PD Site Specific and Standard Conditions
Exhibit G; Zoning Amendment Findings
Exhibit H: Prelilninary Plat Findings
Exhibit I: CUP/PD Findings
"'4"\h
By action of the City Council at its regular meeting held on the 01
, 2005.
day of
COUNCIL MEMBER SHAUN W ARD.LE
VOTED .~l{l~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED Je,S Bt\Jr
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED YFD..
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIA.N F.INDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-Oll / PP-OS-OI3 / CUP-OS-OIS- PAGE 4 Of 5
Attest:
and City Attorney.
By~
City Clerk's Office
Dated: S- --;) LP -OS
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LA W AN D DEeI SJ ON & ORDER
CASE NO(S). AZ-OS-OIl / PP-OS-013 / CUP-OS-OIS- PAGE 5 of5
(
~<
.(
EXHIBIT A
Lyndhurst Grove Subdivision
AZ-05-0 11
Legal Descri.ption
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. . .. .. ..... .... ... .... .. .:.:~:.:..::: ::-.:.:.: :...:.::.:;:~:.:.:::-:..: ::-: ::::::..::.~:.::..... ... ~- ....-......... . ...... . ..........:. ".:--". :....... .... -.. ..... ........:.........................--:.......... ... .:.......".:.: .......:.....--.........-......-:-"":..
Jepson Property
Boundar_)! Desc(i!Jtlon
A parcel located in lhe SW % of lhe NW Xs of Section 111 l-o\'l!nship 3 North~ Range 1
West, Boise Meridian~ Ada Count}~, Idahot more parlicular!y descr"ibed as follo\//s;
BEGINNING at a 5/8 inch diameter iron pin 111arl,jng the southeast corner of said SW }4
of the NW }) (CW 11m Comer) rronl \vhich a brass cap luonument Inarldng the
south,-vest comer of the ~l\lV % of said Section '11 (~ Corner) bears ;\1 89011126tJ W a
distance of 1322,57 feet;
Thence N 89011'261'1 W along the southerly boundary of said SW % of the NW Vi a
distance of 467.89 feet to a 5/8 inch diarneter iron pin;
Thence leav.ing said southerly boundary N oa47~54n E a dislance of 709.62 feet to a SIB
inch diarneter iron pin~
Thence S 61001-56" E a distance of 528.05 feet to B 5/8 inch diarneter iron pin on the
easterly boundary of said SW % of the NV'-l y,~
Thence S QU30'Ofi!' W along said easterly boundary a distance or 460,43 feet to the
POINT OF BEGINNING:
This parcel contains 6~26 acres and is subjecl to any easements existing or in use.
; Pflot~..i l.---~-
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Clinton W. Hansen, PLS
land Solutions, PC
January 28 l 2005
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EXHIBIT B
Lyndhurst Grove Subdivision
PP-05-013
Approved Preliminary PI~~. .
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EXHIBIT C
Lyndhurst Grove Subdivision
CUP-05-015
Approved Site Plan
(
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EXHIBIT D
Lyndhurst Grove Subdivision
AZ-05-011
Annexation and Zoning Comments
ANEXA TION & ZONING COMMENTS
1. The legal description (dated 1-28-05, stamped by Clinton W. Hansen) shows the
property as contiguous to the existing corporate boundary of the City of Meridian.
1~" ~:" "
(
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EXHIBIT E
Lyndhurst Grove Subdivision
PP-05-0 13
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Bailey Engineering, Inc~, dated 2-11-05, is
approved, with the conditions listed l1erein. All conditions of the accom.panying
Annexation/Zoning (AZ-05-011) and Conditional Use Permit (CDP-05-015)
application shall also be considered conditions of the Preliminary Plat (.PP-05-
013).
2. Construct Brou.gham Drive as a public stub street to the recently approved
Sommersby Subdivision to the west, as proposed.
3. The su:bmitted landscape plan prepared by TIle Land Group, Inc., dated 2-7-05 is
not approved as submitted. The proceeding notes/modifications should be shown
on a revised Iandsca.pe plan:
· Depict a 20-foot wide landscape buffer lot outside of the 35-foot wide right-
of-way required by ACHD for Pine Avenu.e. The width of said landscape
buffer shall not include the widtll of the required sidewalk for Pine Avenue. In
accordance -with MCC 12-]3-10-6, install one tree for every 35-feet of
frontage on the Pine Avenue right-of-way.
· :Depict a 5-foot wide micropath on Lot 1, Block 2. Construct a minimum 5-
foot wide landscape stri.P on .both sides of the micropath. Said micropath shall
connect to the existing foot bridge crossing of the Eight Mile .Lateral and
terminate at the sidewalk for Bro.ughaln Drive. Fences adjacent to pathways
are recommended to be see-through. If solid fencing is used adjacent to
pathways it should not exceed four feet in height
· The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for the existing trees
on site.
· All areas bein.g counted toward the ope.n space requirement shall be free of
"wet ponds" or other SUCll nuisances. All stormwater detention facilities
incorporated into the req.uired open space are subj eet to Ordinance 12-13 -14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan.
Ten full-size covies of a revised landscave vlan (and one 8~5" x 11" copy)
deoicting the above chanrses/modifications shall be submitted to the City Clerk at
least 10 davs prior to the City Council public hearing date~
4. Prior to signature of the final plat by tIle City Engineer, relocate the existing
single-family home to Lot 14, Block 2, mId relnove all other structures on this
site, as .proposed~
5. The applicant l1as not indicated who will own and operate the pressurized
inigation system withill this development. Underground year-round pressurized
irrigation m.ust be provid.ed to all lots within this development. TIle City of
Meridian requires that pressurized. irrigation systems be supplied by a year-round
source of water. If the pressurized irrigation system within this develo:pment is to
remain a private 1101neowners' association system, complete plans and
specifications shall be reviewed. by the Pu.blic Works Departlnent as part of the
development plan review process~ A draft copy of the pressurized irrigation
system O&M manual shall be submitted prior to plan approvaL The applicant
shall be required to utilize any existing surface or well water for the primary
source. If a surface or well source is not available, a single-point connection to
the culinary water systelTI shall be required. If a single-point connection is
utilized, the developer shall be responsible for the .payment of assessments for the
common areas prior to signature on the final :plat by the City Engineer.
6. Except for the Eigllt Mile Lateral, all inigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and
contigu.ous to the area being subdivided shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval
submitted to the Public Works Departtnent. If lateral users association approval
can't .be obtained, plans will be reviewed and approved by the Meridian City
Engineer prior to final plat signature. Protect tIle Eight Mile Lateral, a significant
natural feature, through standard storm water and run-off management .practices.
7. A detailed fencing plan sh.all be submitted upon application of the final .plat. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter .prior to issuance of building
permits. All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way~ All fencing shall be installed in accordance with MCC 12-4-10. Fencing
adjacent to any micropaths/multi-use pathways shall be installed in accordance
with MCC 12-13-15-9.
8. Permanent sanitary sewer service to this development is not available at this time.
The applicant will be responsible for the extension of utilities to and through this
proposed develo.pment and any upsizing or improvements to the lift station at The
Courtyards at Ten Mile. Sizing and routing shall be coordinated with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. If this application is
approved, development sIlaIl be subject to availability of the sanitary sewer.
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9. Water service shall be from extensions of the existing main in W~ Pine Street
Applicant will be responsible to construct the sewer and water mains to and
tllfough this proposed development, thereby making them available to adjacent
properties. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
forms of easelnents, for any mains that are required to provide service.
10. Applicant shall be respol1sible for the payment of sewer and water assessments,
and tIle actual physical water and sewer service connections to the existing
residence. Existing well and septic systelns shall be abandoned in accordance
with the applicable jurisdictional standards.
11. Maintenance of all common areas shall .be the responsibility of the Lyndhurst
Grove Homeowners' Association.
12. Direct lot access to Pine Avenue is pro.hibited. A note shall be placed on the final
plat restricting access to Pine Avenue.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of tIle site sllall be performed in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3. A letter of credit or cash surety in the amount of 11 0% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. A detailed landscape and fencing :plan, in compliance with the landscape and
subdivision ordinance and as noted in this r~port, shall be submitted for the
subdivision with the final plat application.
5. Coordinate fire .hydrant placement with the City of Meridian Public Works
Department.
6. Two-llundred-fiftyand o.ne-hundred-watt, l1igh-pressure sodium streetlights will
be required at locations designated by the Public Works Department All
streetlights shall be installed. at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power d.esigns are completed by Idaho Power Company. The
street light contractor shall obtain design and .permit from tIle Public Works
.Department prior commencing instaIlations~
7 · Any tree over 4" in caliper that is relTIoved from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
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that were removed. Req.uired landscapillg trees will not be considered as
replacement trees for th.ose trees that have to be mitigated.
8. Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) Inust be designed. to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a IOO-year storm events~ Side slopes within drainage
areas shall not exceed. 3: 1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. TIle project engineer sllould pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and co.nstruction phases. The engineer shall be
required to certify that the street centerline elevations are set a minilllum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
t11at the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
9. TIle applicant shall coordinate Inailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems witl1in this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic pu~poses such as landscape inigation.
11. Compaction test results must .be su.bmitted to the Meridian Building Department
for all building ":pads receiving engineered backfill, where footing would sit atop
fi 11 material.
12. Ap.plicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established n.ormal groundwater elevation.
13. The applicant shall be required to pay Public Wor.ks development .pIan review,
and construction ins.pection fees, as determined during the plan review process,
.prior to signature on the final.plat per Resolution 02-374.
14. Applicant s.hall be responsible for ap.plication and co:m,pliance with any Section
404 Permitting that may .be required .by the Army COl]JS of.Engineers.
15. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required .by the Environmental Protection Agency.
16. Staffs failure to cite s.pecific ordinance .provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
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17. Preliminary plat approval shall be subject to tIle expiration provisions set forth in
MCC 12-2~4~
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons .per minute
available for duration of 2 hours to service the entire project Fire hydrants shall be
placed an average of500' apart International Fire Code Appendix C.
2. Acceptance of the water sup.ply for fire .protection will be by tIle Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3. Final Approval of the fire llydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants s.hall .have the 4 Y2" outlet face the main street or :parking lot
aisl e.
b. The Fire hydrant shall not face a street wb.ich does not have addresses 0.0
it
c. Fire hydrant markers shall be provided per Pu.blic Works spec.
d. Locations with fire 11ydrants sllall have the curb painted red. 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners wIlen s.pacing permits.
f. Fire hydrants shall.not have any vertical obstructions to outlets witllin 10'.
g. Fire hyd.rants sllall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an ap.proved turn aroun.d~
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, telnporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
si te.
7. The proposed 36-lot subdivisio.u with an estimated 2.9 residents per household
would have a total estimated population of I 04 resid.ents at build out.
8. All portions of the .buildings located on this project must be within 150' of a
paved surface as measured. around the perimeter of the building.
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9 · Where a portiOll of tIle facility or building hereafter constructed or lTIoved into or
within the jurisdiction is Inore than 400 feet (122 .m) from a hydrant on a fire
apparatus access road, as measured .by an approved route around tile exterior of the
facility or .building, on-site fire hydrants and mains sIlaIl be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupan.cies, the distance requirement shall be
600 feet (183 .m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: T.he standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: TIle standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
1. Dedicate a total of 35-feet ofrig.ht-of-way from the centerline of Pine Avenue
abutting the site. Widen the pavement to one half of a 46-foot street section and
construct vertical curb, gutter, and a 5-foot detached (or 7-foot attached) concrete
sidewalk abutting the site on Pine A venue~
2. Locate the entrance street, Lyndhurst Aven.ue, to intersect Pine Avenue
approximately IlO-feet east of the west :property line (measured property line to
centerline), as :proposed.
3. Construct the intemallocal streets as 36-foot street sections with curb, gutter, and
5-foot concrete sidewalks within 50-feet of right-of-way, as proposed.
4. Extend the stub street (Brougllarn Drive) at the west property line from the
proposed Sommersby Su.bdivision into tIle site as proposed.
5. Construct a turnaround at the terminus of Brougham Place with a minimum 45-
foot turning radius and no center island, as proposed.
6~ Comply with all Standard Conditions of A.pproval.
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STANDARD CONDITIONS OF ApPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the develo.per.
3~ Replace any existing dalnaged curb, gutter and sidewalk and any that may be
damaged during the construction of tIle proposed development. Contact
Construction Services at 387-6280 (with file nUlnber) for details~
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-6258 (witl1 file numbers) for details.
5. All design and construction sllall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and. approved supplements,
Construction Services procedures and all applicable ACH.D Ordinances unless
specifically waived l1erein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Co.nstruction, use and property developtnent shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payme.nt of ~pplicable road impact fees are required. prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road I1npact Fee Ordinance.
9~ It is the responsibility of the ap.plicant to verify all existing utilities within the
right-of...way. The applicant at no cost to ACHD shall re.pair existing utilities
danlaged .by the applicant. TIle applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No chan.ge in the terms and conditions of this approval sllall be valid unless they
are in writing and signed by the ap.plicant or the ap.plicant's authorized.
representative and an authorized representative of the Ada County Highway
District The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
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11 ~ Any change by the applicant in tIle plarmed use of the property whicl1 is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or otller legal relief is granted pursuant to
the law in effect at the time the change ill use is sought.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appro.priate entities is su.bmitted..
2. The Applicant's central sewage and central water .plans must be submitted to and.
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a lTIosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale .prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects in.valved with tIle design of the subject project shall
obtain current best Inanagement practices for stormwater disposal and design a
stormwater Inanagement system that prevents groundwater and surface water
de gradati o.n.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. All laterals and waste ways must be protected. The District's Eight Mile courses
tlrrough this .proposed project This easement must be protected and any
encroaclnnent without a signed License Agreement and approved plan, before any
construction is started, is unacceptable.
2. All municipal surface drainage must be retained. on site. If any municipal surface
drainage leaves the site, the Nampa & Meridian Irrigation District must review
drainage plans.
3. The developer must comply with Idaho Code 31-3805. It is recommended tllat
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
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EXHIBIT F
Lyndhurst Grove Subdivision
CUP-OS-015
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD)
1. The site plan pr~pared .by Bailey Engineering, Inc., labeled PUD, dated 2-11-05,
is approved, with the conditions listed herein. The applicant shall meet all of the
requirements of the Annexation/Zoning (AZ-05-011) and Preliminary Plat (PP-
05-13) as a co.udition of the Conditional Use Permit (CUP-05-GI5).
2. The project shall confonn to the R-8 dimensional standards, except as follows:
· Minimum frontage (attached lots):
· Minimu.m lot size:
50-feet (non cul-de-sac lots).
3,600 square-feet (attached)
4,500 square-feet (detached)
No other variances, exceptio.us or reductions to the City adopted dimensional
standards or uses are ~pproved with this CUP application.
3. The following amenities are required as part of the Planned Development:
playground equipment and a picnic area including tables and a BBQ on Lot 21,
Block 2; Six (9) percent of the site set aside as useable open space; and, a
micropath on. Lot 1, Block 2, connecting to the pedestrian bridge across the
Eight Mile Lateral~ The applicant shall be required to obtain a Certificate of
Zoning Compliance (CZC) from the City prior to construction of any permanent
structures o.n the proposed park lot.
4. Construction witllin Lyndhurst Grove Subdivision shall substantially comply with
tIle elevations submitted by the applicant and on file with. the City. Construction
materials used on the structures shall be ap.proved by the City of Meridian
Building Department and in accordance with the most recent Buildin.g Code~
OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two fmnily dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire h.ydrants shall be
placed an average of500' apart. International Fire Code Appendix C.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by tIle Meridian Water Department for bacteria
testing.
3. Final Approval of tIle fire hydrant locations s]lall be by the Meridian Fire
Department.
a. Fire Hydrants shall h.ave the 4 12" outlet face tIle Inain street or par.king lot
aisle.
b. The Fire hydrant shall not face a street which d.oes 110t have addresses on
it.
c. Fire hydrant Inarkers s.hall be .provided per P.ublic Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of tIle hydrant location.
e. Fire Hydrants s]lalI be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical o.bstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above .finish grade.
h~ Fire hydrants sIlal] be .provided to meet th.e requirements of the IFC
Section 509.5.
4. The .pl1asing plan may require tllat any roadway greater than 150' in length tllat is
not provided witll an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
7. The pro.posed 3~6-1ot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 1 04 residents at build out.
8. All portions of the buildings located on this project .must .be within 150' of a
paved surface as measured around the perimeter of the building.
9. Where a portion of the facility or building hereafter constructed or ill.Dved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an ap.proved automatic sprinkler
system installed in accordance with Section. 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m.).
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MERIDIAN PARKS DEPARTMENT
1 ~ Standard for Mitigatiol1 of trees: The standard establislled. in the City of Meridian
Lal1dscape Ordinal1ce (MCC 12-13-13-6) will be followed.
2~ Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDIT.IONS OF ApPROVAL
1. Dedicate a total of 35- feet of right-of-way from the ce.nterline of Pine Avenue
abutting the site. Widen the pavelnent to one half of a 46-foot street section and
construct vertical curb, gutter, and a 5-foot detac.hed (or 7-foot attached.) concrete
sidewalk abutting the site on Pine A ven.ue.
2. Locate the entrance street, Lyndhurst Avenue, to intersect Pine Avenue
approximately JIG-feet east of the west property line (lneasured pro.perty line to
centerline), as proposed.
3. Construct the intemallocal streets as 36-foot street sections with curb, gutter, and
5-foot concrete sidewalks within 50-feet of right-of-way, as pro.posed.
4. Extend the stub street (Brougham Drive) at the west property line from tIle
proposed Sommersby Su.bdivision into the site as proposed.
5~ Construct a turnaround at the terminus of Brougham Place with a .minim.urn 45-
foot turning radius and no center island, as proposed.
6. Comply with all Standard Conditions of ApprovaL
STANDARD CONDITIONS OF ApPROVAL
1 ~ Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with im.proving street fro.ntages abutting the
site sllalI be borne by the develo.per.
3~ Replace any existing damaged curb, gutter and sidewalk and allY that may be
damaged during the construction of the .proposed development Contact
Construction Services at 387-6280 (with file .number) for details.
4~ Utility street cuts in pavement less tllan five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
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5. All design and constructiol1 shall be in accordance with the Ada County Higllway
District Policy Manual, ISPWC Standards and approved supplelnents,
Constru.ction Services :procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all ilnprovement .plans.
6. The applicant shall sublnit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7 · Construction, use and property development shall be in conformance with all
applicable require.ments of tIle Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance witll Ordinance #200, also known as Ada County Highway District
.Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
light-of-way. The applicant at no cost to ACHD shall repair existing utilities
dalnaged by the applicant The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days .prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are cOlnpromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ad.a Co.unty Highway
District The burden shall be upon tIle applicant to obtain written confirmation of
any change from the Ada County Hig.hway .District.
11. Any change by the applicant in the planned use of the property w.hich is the
subject of this ap.plication, shall require the applicant to com.ply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the a.pplicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject :property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought
CENT.RAL DISTRICT H.EALTH DEPARTMENT
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Ap.plicant's central sewage and central water plans lTIUst be submitted to and
ap.proved by the Idaho Department of Health & Welfare, Division. of
Envirolllnental Quality.
3. Run-off is not to create a lTIosq.uito breeding :probleln.
4~ Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to .prevent impact to groundwater and surface water quality.
5. The Engineers and. architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system tllat prevents groundwater and surface water
degradation.
NAMPA & MERIDIAN IRRIGATION .DISTRICT
1. All laterals and waste ways must .be protected.. The District's Eight Mile courses
tltrough this proposed project This easement must be .protected and any
encroachment without a signed License Agreement and ~pproved plan, before any
construction is started, is u.nacceptable.
2. All municipal surface drainage .must be retained on site. If any municipal surface
drainage leaves the site, tIle N.alnpa & Meridian Irrigation District must review
drainage .plans.
3. The developer lnust comply with Idaho Code 31-3805. It :is reconunended that
irrigation water~be mad.e available to all developlnents within tIle Nalnpa &
Meridian Irrigation District.
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EXHIBIT G
Lyndhurst Grove Subdivision
AZ-05-011
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Alnendments, both the Planning & Zoning Commission and Council are required
Uto review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. 11
The following is the list of standards found in 11-15- J 1 and analysis by City Council.~
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre. Consistent with the Compre.hensive Plan Future Lal1d U.se Map, the
applicant is requesting that all the subject site .be zoned R-8 (Medium Density
Residential). The R-8 distri.ct allows for a .maximum. of eight (8) dwelling units
per acre (MCCll-7-2.C). The .proposed residential density is 5~75 gross dwelling
units per acre. City Council believes that if an R-8 zone (and associated PP and
CUP applications) is approved, the pro.posed zoning/density will allow a smooth
transition from the multi-family to the west and the single-family to the east.
City Council finds the following Goals, Objectives, and Action items contained in
th.e 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
· "Require new residential development to meet development standards
regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal
I, Objective C, Action item 4)
If the applicant complies with the conditions in this report, the
development will meet the standards for landscaping, signage, fences and
walls outlined in City Code.
· "Encourage infill development in vacant/underdeveloped areas within the
City over fringe area development to halt the outward progression of
urban development." (Cllapter V, Goal I, Objective A)
This parcel is underdeveloped and is considered infill development.
(:...
c.':'.....
· "Support a variety of residential categories (low-, lnediulu-, and high-
density single-fatuity, multi-family, townllouses, duplexes, apartments,
condominiulTIS, etc.) for the pUlpose of providing the City with a range of
affordable 110using opportunities~" (Cha.pter VII, Goal N, Objective C,
Action item 10)
City Council is supportive oj the variety oj hOllsing types and density
proposed Jor this area. The proposed housing types (single-family
attached and detached), adds to the variety oj housing opportunities that
currently exist in this area.
· "Improve and protect creeks (Five :Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial and residential areas." (Ch~pter V, Goal I, Objective A, Action
item 11)
The applicant is proposing to leave the Eight Mile open abutting this site.
The Eight Mile should be protected during construction oj the proposed
development.
· "Require useable open space to be incorporated into new residential
subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3)
The applicant is proposing to set aside approximately 6 percent oJthe site
as useable open space.
In addition, in the applicant's letter (from Shawn Nickel) other Comprehensive
Plan policies are listed supporting the annexation and proposed residential use of
the property. City Council finds the overall design oj the subdivision is in general
conJormance with the City oJMeridian Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit, .proposing single-family
lots on the subject site (Lyndhurst Grove Subdivision, PP-05-013 & CUP-05-
015). City Council does not anticipate that the ~p.plicant plans to rezone the
subject property in the future if the accompanying CUP and PP applications are
ap.proved.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
c..:.... .
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City Council fin.ds tllat the proposed single-fatuity uses are allowed within tIle
requested R -8 Z011e~
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
City COUI1Cil finds that other pro.perties in the area have been developed in a
manner similar to the proposed subdivision, with single-family dwelling .units~
Haven. Cove Subdivision, KeIsee Park Subdivision, and Berkeley Square
Subdivision, to name a few in the area, have develo:ped (or are developing)
similar to the .proposed project
Pine Avenue has not been widened recently abutting this site. Pine Avenue .in this
area is not currently scheduled within ACHD's Five Year Work Program or
Capital Improvements Plan (CIP) for roadway widening. Ten Mile Road, from
Cherry Lane to Franklin Road, is currently within ACHD's Five Year Work
Program for constru.ction in 2007 ~ This project includes signalization of the Ten
Mile Road/Pine Avenue intersection. Other urban services, such as sewer and
water, are near to this site and the applicant should be able to extend such services
to the site~ City Council finds that the subject site is pro.posed for development in
a fashion similar to other properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance w.ith the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant is pro.posing two types of single-family dwellings for this site.
Twelve of the thirty-six proposed dwellings are attached single-family
(townhouse) and twenty-four are detached single-family. City Council finds tl)at
this mix of housing types fits into the existing and anticipated llousing stock of
this area, which includes both single-family and multi-fam.ily dwellings~ City
Co.uncil finds that the requested zoning, proposed residential dwelling types and
the proposed density is consistent with a mediuln density urban project. Further,
based on the Comprehensive Plan, City Council believes that some of the existing
large county parcels in the area (south) will redevelop with similar densities .in the
near future~ City Council also finds that the proposed zoning/uses can be designed
and constructed in a manner that will be harmonious with, and appropriate in
appearance with, the existing and intended character of tIle surrounding area~
The existing character of the area will, and is, currently changing, especially upon
build~out of the proposed project and other similar su.bdivisions in the general
(
vicinity. However, City Council does not find that the .proposed zoning/uses will
adversely change the esse.ntial character of area.
F. Will the proposed uses not be hazardous or disturbing to ex.isting or future
neighboring uses;
The applicant has submitted salnple front elevations for the pro.posed attached and
detaclled dwelling units. City Council believes that the design of the dwelling
units will be compatible with the adjoining uses, if the buildings are constru.cted
as shown on the submitted elevations. City Council does not anticipate that the
pro.posed residential uses will be disturbing or hazardous to existing or future uses
as long as the conditions outlined in this report are complied with and house
construction.is conducted in a manner consistent with. City Code.
G. Will the area 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 zoning amendment shall be able to provide
adequately any of such services;
City Council finds that the applicant's engineer has pro.posed to provide domestic
water service to the site via existing mains adjacent to the project site, however
pennanent sanitary sewer service .by gravity means is not available at this time.
Applicant proposes to telnporarily sewer this project to the private existing lift
station at The Courtyards at Ten-Mile.
The applicant and/or future property owners will be required to pay park and
highway impact fees4
On April 13, 2005, ACHD approved this development with site-specific and
standard. conditions. TIle applicant should comply with all requirements of the
ACHD~ Please review the ACHD report for additional information regarding this
finding.
On .March 25,2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department .meeting and other comments received from
agencies/departments, City Council finds that other than sewer, the public
services listed above can be .made available to accommodate the proposed
development
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
C.
./.
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If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation. services to serve tIle project. Tb.e
primary public costs to serve the future residents will be fire, police, selloo]
facilities and services. City Council find.s tllere will not be excessive additiol1al
requirements at public cost and that the pro.posed annexatio.u and zoning will not
be d.etrimental to the COffilTIUnity's economic welfare.
I. Will the proposed uses 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;
According to ACHD the proposed project is anticipated to generate 350 additional
vehicle trips .per day. City Council recognizes that traffic and noise will increase
with the approval of tllis subdivision; however, City Council does not believe that
the amount generated will be detrimental to the general welfare of the public~ City
Council does not anticipate the .proposed alUlexation and subsequent uses will
create excessive noise, slTIoke, fumes, glare, or odors. City Council finds that the
proposed residential zoning/uses will not be detrimental to people, property or the
general welfare of the area.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding pubUc
streets;
The applicant is proposing to construct one public street entrance into the site
from Pine Avenue (Lyndhurst A.venue) and extend a stub street from the west
(Brougham Drive). The applicant is not proposing to extend Clara Drive from the
north, in Haven Cove Subdivision~ Instead of constructing a vehicular crossing of
the Eight Mile Lateral, the applicant :is proposing to utilize the existing pedestrian
crossing~ City Coun.cil is supportive of this proposal, as a vehicular crossing to the
north is being provided with the Sommersby development just to the west. Please
review tIle ACHD report for this .project for additional information regarding this
finding~ If the proposed vehicular approaches (streets) are approved and accepted
.by ACHD, City Council does not believe that the subdivision will create
interference with traffic on the surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The applicant is proposing to leave the Eight Mile Lateral open adjacent to the
site. City Council finds that the Eight Mile Lateral is a significant natural feature
that should be protected through standard stormwater and run-off managelnent
practices. City Council also finds that there are some existing trees and ot]ler
mature landscaping on this site. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13)4
(,:.:..
(<......
The applicant sllould work witll the City Arbarist, Elroy Huff, on d.esign.ing alld
ilnplementing a protection plan. If any trees are deelned to be a hazard, diseased
or dying by the City Arborist, prior to relnoval, mitigation will not be required for
those trees.
City Council finds that the proposed annexation a.nd zoning should not result in
the loss or damage of any natural or scenic features, as long as th.e existing trees
are protected/mitigated and the Eight Mile Lateral is protected in manner tllat
does not negatively impact its beauty.
L. Is the .proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description sublnitted with the application, prepared by LandSolutions,
Inc.., shows that the property is contiguous to the existing corporate .boundary of
the City of Meridian. The land directly north, east and west of the subject property
was previously annexed. into the City an.d this is a logical expansion of the City
boundary. The ap.plicant is proposing to develop th.e land. in substantial
compliance with the City's Comprehensive Plan~ In accordance with the findings
listed above, City Council finds that the annexation/zoning of this property would
be in the .best interest of the City.
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EXHIBIT H
Lyndhurst Grove Subdivision
PP-OS-013
Preliminary Plat Findings
Meridian City Code (MCC) 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;
Please see Annexation and Zoning item "A".
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
.proposed development. Please see Annexation and Zoning items "G" and. "H" for
more details~
c. The continuity of the proposed development with the capital improvement
program;
Because the develo.per is installing sewer, water, and utilities for tIle developlnent
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvelnent funds.
D. The public fmancial capability of supporting services for the p.roposed
development;
Please see Annexatio.o and Zoning item "H" and the Agency Comments and
Conditions at the end of this report for details.
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Coun.cil is not aware of any health, safety or environmental .problems
associated with the development of this subdivision. ACHD considers road safety
issues in their analysis.
~~.
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EXHIBIT I
Lyndhurst Grove Subdivision
CUP-05-015
CU.P/PD Findings
The Commission a.nd. Council shall review the particular facts and
circumstances of each proposed. conditional use in terms of the following
a.nd. may approve a conditional use permit if they shall find evidence
presented at the hearing( s) is adequate to establish (11-1 7 - 3 ):
A~ That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage and lot size requirements of the R -8 zone, as required
by Meridian City Code.
City Council finds that the subject property is large enough to accoill.ffiodate the
requested use and all other required ord.inance features. Although the site is large
enough to accommodate all of the features required by ordinance, the applicant
has asked, through the Planned Development, to Inodify s.pecific developlne.nt
standards.
B~ That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
City Council finds that the .proposed si.ngle-family residential su.bdivision is
harmonious with and in accordance with the 2002 Comprehensive Plan. and
Future Land Use Map, which designates the land to be "Medium Density
Residential" (provided the Commission and Council grant the requested planned
development). Please see Annexation & Zoning item "A".
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning item "E".
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
too-- .'
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City Council fil1ds that if the applicant complies with all conditions ilnposed, the
proposed development will not adversely affect other properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning itelTIS "G" and "H", the Other
Agency/Department Comments and Conditions, and any comlnents that may be
sublnitted to the City Clerk regarding this project
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning item "H" ~
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning item "I" ~
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning item "J"~
I. That the pro.posed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K".
(>.. .
(r.
ClTY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D
DECISION & ORDER
In the Matter of Jacksons Food Store, A Request for a Rezone of 2 acres from I-.L to C-G
zone and a Conditi.onal Use Permit to allow the operation of a new carwash and
convenience store.
Case No(s). RZ-05-004, CUP-OS-012
For the City Council Hearing Date of: May 24 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive wee.ks prior to
the City Council public hearing, the first publication a.ppearing and written :notice
mailed to property owners or purcllasers of record within tluee hundred feet (300')
of the external boundaries of the property. The notice of public 11earing before th.e
City Council was posted upon the pro.perty under consideration lTIOre thal1 one week
before said hearing. All other noticing was done co.nsistent with Idaho Code ~67-
6509 .
The Inatter W'!S duly considered by the City Council at the May 24, 2005, public
hearing(s). The ~pplicant, affected .property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comme.nts and submit evidence.
b. Written and oral testimony was received o.n tllis matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting Ininutes (for
oral testimony).
c. The Plannin.g and Zoning Commission. conducted a p.ublic hearing and issued a
written recommendation. on the subject matter to tIle City CounciL
d. T.he City Council heard and took oral and. written testimony and duly considered tIle
evidence an.d the record in this matter.
2. Process Facts
a. There has been cOlnpliance with all notice and h.earing requirements set forth in
Idaho Code 967 -6509, 6512, and Meridian City Code ~ ~ 11-15-5 and 11-1 7 -5 as
evidenced by tIle Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and :Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)+ RZ-OS-004, CUP-OS-OI2 - PAGE 1 of4
a~ In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recolnmendation for tIle subject application(s), it is l1ereby
verified tllat the property owner(s) of record at the time of issuance oftllese
findings are VJ Joint Ventures, Ronald Van Auker.
4. Required Findings per Zonil1g and Su.bdivision Ordinance
a. See Exhibit C for the findings required for each. type of application.
.B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67-
6503).
2. The Meridian City 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 tllereOL The City of Meridia.n has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
ado.pted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given. to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian .planningjurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon tIle public if the attached conditions of approval are imposed.
6. That the City has granted an ord.er of approval in accordance witll this Decisio.n, 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 Departlnent and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
January 10, 2005 as shown in Exhibit B, and Site Specific and. Standard Conditions of
Approval in Exhibit E.
c. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based .upon the above and foregoing Findings of Fact which are herein adopted, it is 11ereby
ordered that:
1. The applicant's rezone as evidenced .by having subluitted the Survey and Legal
Description in Exhibit A is hereby co.nditionally approved; and
CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSJONS OF LAW AND DECISION & ORDER
CASE NOeS). RZ~05-004~ cur-os-a 12 - PAGE 2 Of 4
2. Th.e site specific and standard conditions of approval are as sllown in Exhibit D.
D. Notice of Applicable Time .Lilnits
1. Notice of Twelve (12) Month. Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
develo.per shall have one year within which to file the request for approval of the fina"l
plat After approval of final plat, the owner or developer shall have o.ne year to begin
construction of tIle public utilities and one year thereafter to cOffi.plete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that :pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such. request must be in writing, and m.ust be filed
with the City Clerk not :more than twenty-eight (28) d.ays after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time :period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67 -6521 an affected person being a person who .has
an interest in real.property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after th.e date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Cod.e~
F. Exhibits
Exhibit A: Legal Description - Survey
Exhibit B: Approved Rezone Map/Site Plan
Exhibit C: Findings Zoning/Rezone
Exhibit D: Findings Conditional Use Pe.rmit
Exhibit E: Standard and Site Specific Conditions of Approval
By action of the City Council at its regular meeting l1eld on the Q """'
m~ ,2005.
day of
COUNCIL MEMBER SHAUN .W ARDLE
VOTED LA p n. ~
o
COUNCIL MEMBER CHRISTINE DONNELL
VOTED AB)E..N,
CO.UNCIL MEMBER CHARLIE ROUNTREE
VOTED 4J9-
()
ClTY OF MERIDIAN FINDI.NGS OF FACT, CONCLUSIONS OF LAW AND D.ECISION & ORDER
CASE NOeS). RZ-OS-004, CUP-OS-O 12 - PAGE 3 Of 4
c..
COUNCIL MEMBER KEITH BIRD
VOTED
Vf^-
MAYOR TAMMY de WEERD
(TIE BREAKER)
~
VOTED
Attest:
and City Attorney.
By: 1(l\(t m A~ G iflr'-
City Clerk's Office
Dated: 5-2LD-OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIO.NS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004~ CUP-OS-OI2 - PAGE 4 of4
Exhibit A
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EXHIBIT A
Jacksons Food Store RZ-05-006
Legal Description/Su~~~;Y-Nh. ..........,.. ... ......... _
.Ja{~~'~;\GBS i/1 HH.~ St.~)rCSt K.f ~.<'
(.:~i }~id i liona i tJ ;:;;e /\ i.f pl:~ CL~ ti {sf]
ant 1L\2) mucn~ l!NGLVEZMNG.AND WiD svz rEnM'i
EXHIBIT A
Parcel 1 Description for Ronald Van Auker, Inc.
Job No.. 04168 November 29, 2004
Land wfthln the S112t of SecfJon 9. nN. R1 E. Boise Meridlan~ City of Meridian. Ada Countyt
Idaho as foJIoYJs:
COMMENCINC3 altheWesl1f4Comerofsakt Sectfon 9w marked bya brass cap monument;
thence along tho Eaat..Weat Centerfine of said SectiOn 9. North Bgo10l!44111 East. 307.80 feat.
thence. aootherfy at right angles to said Centerfloo. South 00-49116- East. SO.OO feet, 10 8 Point
on tho south right-Qf..way orE.. Pine Ave.. as described in Warranty Deedl lrultrurnent No.
101087675i a set 5JS Inch rebart with an orange ~astic cap marked -WEt PlS 10782- hereafter
refaned kl aimply as B lllset 518 Inch ~. and the POtNi OF BEGINNING;
thence South OO.OOW West 371..88 feet. to 8 set 518 Inch rubor on the- norIherty fine of
Commerco Park SubdM81on~ 8!1 perfhe pbU thereof in Book 45t st Pago 37211 Ado County pJat
Racon:ls;
thence efong said northerly fine. North 8.,.54t48- West., 216.82 feet.lo II sct5/8 Inch rebDr;
theno& South 82-51J14- Westf 21.98I'eet to 8 set 518 indl reOOr on the easterly rtght-cf-way of
Slate Highway 55 (Eagle Road), 8S per "Second Judgment and Decree of Condemnation lost.
No~ 8920096~ Ada County Records;
li1onco along said right-of--\Wy. North OfY'OO~Olf' East.. 345.30 feet. to 8 to 8 set 5/8 Inch robar on
the rfght'"OfJNBY dE Pine Ave 88 described In Wammty Deed. Instrument No. 101087675;
thence alang said right.oQf-way, North 44-3800. East , 25.64 foe~ to a to a Ht 618 Inch IlIbal;
thente.contfnumg aJong said righl.of-waYI North 89-10144- Ea91~ 220~51 feel. to the POINT OF
BEGINNrNG.
Con18lnJng 2.00 Acres, or 87122 SQUBJlJ Fee~ more or 1005.
(..
Exhibit A
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RECORD OF SURVEY FOR AN
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EXHIBIT B
J acksons Food Store
CUP-05-012
Approved Site Plan
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EXHIBIT C
Jacksons Food Store Rezone
RZ-05-004
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Comlnission and Council shall review the particularfacts and circumstances of each proposed zoning
amendment in ternlS of the following standards and shall find adequate evidence ansll'ering the follolving
questions about the proposed zoning anlendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
Staff finds that the requested Gen.eral Commercial (C-G) zoning designation is in
accord with the COlnprehensive Plan's Future Land Use Map, which delin.eates
the su.bject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7-
2.1. states the purpose of the C-G district is "to provide for a review of the impact
of proposed cOlnmercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of traveI-
related services as well as retail sales for the transient and permanent motoring
public." The following Comprehensive .Plan policies also support the annexation
and proposed retail/fuel service use:
· "Permit new. . . commercial develop:ments only where urban
services can .be reasonably provided at the time of final approval
and development is contiguous to the City." (Chapter IV, pg. 26,
Goal I, Obj. A, #6)
Sanitary sewer, municipal water, solid waste and other services
exist to this area of Meridian.
· "Require all new parking lots to provide landscaping in internal
islands." (Chapter V, pg~ 43, Goal III, Obj. D, #3)
The Site Plan su.bmitted with the CUP application for this
property shall show internal planters, as required.
· "Locate new community commercial areas on arterials. ~ .near
residential areas in such a way as to com.plement with adjoining
residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3)
The proposed commercial use is located at the intersection of a
minor arterial roadway and a state highway. A 25-foot w.ide
street buffer is shown along Pine Ave and a 35-foot wide street
buffer is shown along Eagle Road SH55, designed in part to
mitigate potential negative impacts u.pon the vehicular traffic
on Eagle Road.
Exllibit C
· "Restrict curb cuts and access points on collectors and arterial
streets." (Chapter VII, pg. 107, Goal IV, Obj~ D, #2)
ACHD is requiring the applicant to locate the two curb cuts to
Pine Ave, one right-in/right-out and one shared access allowing
travel towards the west/Eagle Road. A cross access agreement
with the property at the future property boundaries will be
required so the cuts can be shared with adjacent development.
In addition, access to Eagle Road is prohibited in compliance
with lTD.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff finds that tIle proposed rezone and. accompanying development plans
cOlnply with the requested zone and staff does not antici.pate that tIle property will
be rezoned in the future. The area designated as "Future Development" east of the
Jacksons Food Store site is anticipated to .be developed under a general concept
plan in accordance with the Mixed. Use Regional COlnpre:hensive Plan
Designation witl1 the appropriate zoning in the future. A Master or Co.ncept plan
for the 27~59 acres will be required with the development agreement for the
rezone to address tIle future of rezoning on the su.bject property.
c. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that tl1e applicant has submitted detailed development plans for a
Conditional Use Permit for the automobile washing facility on the property. Staff
further finds that the proposed convenience store use is allowed with the approval
of a Conditional U.se Permit i.n this mixed use area.
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the immediate vicinity is a mix of undeveloped parcels that are
designated for a mix of uses in the future, existing urban density residential uses
(Meridian Crossroads), and property annexed and zoned as commercial and
industrial :property. The southwest corner of Eagle and Pine (approx.. 62 acres)
was annexed and zoned. C-G (General Commercial) in February 2005 as part of
tIle Ten mile Development planned development. Immediately south of the .parcel
is an industrial subdivision with wareh.ousinglsales/various industrial uses. The
widening of Pi.ne Ave to 5 lanes, the construction of the High School east of the
site, the signalization of the intersection, and the Eagle/I-84 on ramp are all
indicators of a need for a mix of commercial services in the area.
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Exllibit C
E. Will the proposed uses be designed, co.nstructed, 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;
Staff finds tllat the proposed developtuent is designed in a lnanner tllat will be
harmonious with and appropriate in ap.pearance with tIle existing neighborhood.
TIle proposed retail/fuel service/auto washing facilities are listed uses in :harmony
with the intended uses in. the C-G district~ The eastern edge of the pro.posed
Jacksons Food. Store development (Pine Ave western entrance driveway) is
ap.proxilnately 207 feet east of the 2-acre site, requiring a cross access agreement
to be entered into. The application does not indicate potential future uses on the
eastern remainder of the 27~59 acre parcel. However, any future use will be
consistent with the existing zoning or only allowed throug.h a public hearing/CUP
or platting process in compliance witll the Future Land Use Map.. The landscaped
street buffers, lighting standards and building setbacks as required by the Zoning
Ordinan.ce are intended to ease im.pacts of tllese conunercial uses on nearby
residences.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested annexation and zoning to C-G should not be
disturbing to existing or future neighboring uses. Any future change of use on the
property that may have a significant impact on the surrounding properties will
require conditional use approval under current ordinances, and adjoining .property
owners will have an opportunity to conunent
Staff anticipates that the proposed commercial use will not be hazardous or
disturbing to the neighboring .uses as long as lighting and noise ordinances are
adhered to. The COlnmission and Council should consider all public testimo.ny,
oral and written, before :making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
Staff finds that the proposed uses can be adequately served by all essential public
services and facilities. Drainage will need to be retained on site.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
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Exllibit C
Staff finds that the requested uses will .not create excessive additiol1al
require.1nents at .public costs for :public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrilnentaI to the econoluic welfare
of the cOlnmunity.
I. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff fi.nds that th.e proposed C-G zoning of the property does not inherently allow
uses that will generate activities, processes, :materials, equipment, and conditions
that are detrimental to the general welfare of the community. Permitted uses in the
C-G zone include gas stations facilities, banks, professional offices, clinics, dry
cleaning, hotels, restaurants and retail stores. However, as .noted above, all future
uses will require a mix of use applications consistent with the Future Land Use
Map~ Future uses and/or .platting will allow for public testimony and site specific
conditions, if necessary, to mitigate uses that may be detrimental to any persons,
property or tlle general welfare.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference w.ith traffic on surrounding public streets;
The accompanying CUP application Sl10WS vel1icular access to the property via
two (2) proposed curb cuts that have been authorized by ACHD and widened to
40 feet The pro.perty owner negotiated tIle locations and design of tllese
ingress/egress points to Pine Ave with ACHD. To help prevent interference with
westbound Pine Ave traffi.c and southbound Eagle Road traffic, left turns are
pro.hibited out of the site, unless at the designated access. In compliance with ITD
and in sup.port of the Meridain Comprehensive Policies on access to princi.ple
arterials, no direct access to Eagle Road will he allowed. Please see the ACHD
and ITD staff re.ports for more information regarding vehicular approaches and
traffi c ~
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic features will .be lost or damaged by the
project.
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the .proposed annexation would be in the best interest of the City
by increasing the supply of land zoned for neighborhood and vehicular oriented
commercial/retail uses North of I-84~ The proposed zoning complies with the
Future Land Use. Map, is not proposing any variances or exceptions to Meridian
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Exhibit C
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City Code and will allow for the ilnprovelnent of land at a 11igh visibility
intersectiol1 in the Area of hnpact.
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EXHIBIT D
Jacksons Food Store
CUP-05-012
Required Findings for Conditional Use
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the follo,ving, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-
3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this
ordinance;
Staff finds that tIle subject pro.perty, as depicted, is large enough. to acco.mmodate the
required parking, o.pen spaces and landscaping required. by the ordinance for a car wash!
convenience store and fuel service use. The tninimum number of required off-street
parki.ng spaces required is 22 (Carwash -2 per service bay (4) and Retail store 1 per 200
sq/ft (3500/200) = 18) tIle site .plal1 Sl10WS (33), along with the 25-foot and 35-foot wid.e
street buffers and drive aisles. While the western connection to Eagle Road driveway cut
is actually outside the proposed annexed area, staff does not believe tllis is a pro.bJem
since the remaining parcel is owned by Van Auker and a cross access agreelnent is a
condition of approval. -
:8. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance wit.h the requirements of this
Ordinance;
The current COluprehensive Plan Land Use Map designates the property as Mixed Use-
RegionaI~ Staff finds that if the modifications required in this report are done, the
~pplication willlneet the requirements of the Planned Developlnent and other Zonil1g
Ordinances. See itelns A and C under the Zoning Amendment Analysis.
c. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or intended
character of the general vicinity and that such use will not adversely change the
essential character of the same area;
Staff finds the design concept to be compatible with the intended cllaracter of the area.
See item E under the Zoning Amendment Analysis.
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Exllibit D
Staff does not anticipate that the proposed d.evelopment will have all adverse impact on
the surro.unding property. However, the Conunission and Council should consider any
testilTIOny given at the public .hearings before makin.g this finding. See item F under the
Zoning Amendrn.ent Analysis.
E. That the proposed use wiD be served adequately by essential publi.c facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for the
establishment of proposed conditional use shaU be able to provide adequately any
such services;
See COlnme.11ts under the Zoning Am.endment Analysis item G~
F. That the proposed use will not create excessive additional requirements at
public cost for .public facilities and services and will not be detrimental to the
economic welfare of the community;
See conunents under the Zoning Amendment Analysis item H.
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any persons,
property, or general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
See comments under the Zoning Amendment Analysis item t
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on surrounding
public streets;
See COffilTI.ents under the Zoning Amendment Analysis item J.
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or histor.ic feature considered to be of major importance.
See conunents under tIle Zoning Amendment Analysis item K~
EXHIBIT E
Jacksons Food Store
RZ-05-004, CUP-05-012
Standard and Site Specific Conditions of Approval
SITE SPECIFIC COMMENTS (Rezone)
1. The legal description su.bmitted with the application is accurate, places the
property contiguous to existing city limits, and meets the requirements of the City
of Meridian and Idah.o State Tax Commission. Tile legal description will be
finalized u:pon submission of a final :plat in cOlnpliance with RP-04-001
2. Pu.blic works shall certify the requirements of the reductio!l in platting have been
met to allow the creation of the 2.0 acre parcel from the original 27.59 acre parcel
(81109325470). RP-04-001
3. The su.bject prope.rty is within the Urban Services Planning Area.
4. At the time of annexation, the ap.plicant is proposing to develop/improve
approximately 2 acres of tIle .parcel d.escribed in the annexation legal description.
Prior to developing the relnaining acres of the parcel (81 109325470), the
appli.cant/owner is hereby informed that a development agreement Inust be
approved on the eastern .portio.n of th.e site. The site lies entirely in one Future
Land Use Designation of Mixed Use Regional w.hich requires a .master or
conceptual plan- for a combination of compatible land uses with surrou.nding
properties.
SPECIAL CONSIDERATIONS
1. Signage: The Site Plan shows one (1) Main ID sign/free-standing sign at the
northwest corner of tile site. MCC 11-14-10 (Table D) allows a maximum of one,
15-foot high sign per street frontage. Also, MCC 11-14-9-D.3 requires the signs
be located "as .near the primary access driveway as practicaL" If the sign is
located at the corner as shown, away from both access drives, staff recommends
the P &Z Commissio.o restrict the site to only the one free-standing sign. If the
signs are sllifted to be clearly on both frontages and not at the corner, two (2)
signs would be permitted~
2. Reduction in Platting: The site is currently approved for a reduction in Platting
Requirements as a resubdivision (MCC12-3-I.B) the following conditions of
approval RP- 04-001 ap.ply:
1. Applicant must comply witll all subdivision improvelnents as required by
MCC 12-5-2.
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Exhibit E
2. Applicant shall comply with all itnprovements as required by Ada County
Highway District
3 · A cross-access agreement between the two proposed parcels is required to
be subtnitted prior Certificate of Zoning Compliance issuance.
4. Applical1t s11all subtnit a recorded copy of the Record of Survey signed by
the City Engineer prior to Certificate of Zoning Complial1ce issuance 00.
the Parcel 1.
5. Future developlnent must cOlnply with MCC 11-9-1 regarding building
setbacks, lot coverage, and heigllt restrictions.
6. No building permit will be issued for Parcel 2. The applicant shall
include Parcell and Parcel 2 in a future subdivision. Parcel 2 will not be
eligible for a building permit until a final plat .has been recorded for the
entire .property.
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. The .building al1d site improvements shall be constructed per the approved plans
with all modifications required by the City Council.
2. If a free-standing sign .is located at the comer of the parcel (as shown on the
approved CUP Site Plan), the 2.0 acre parcel is limited to only one (1) free-
standing sign. If the signage is sl1ifted to be clearly on both frontages and. closer to
the primary access drives, two (2) free-standing signs would .be .permitted on the
si te.
3. Prior to the issuance of a Certificate of Zoning COlnpliance on the site, a recorded,
.perpetual vehicular cross-access ease.ment shall be su.bmitted. in favor of th.e
:parcel to the east (Ada Co. Parcel No. 81109325470), currently owned. by Ronald
w. Van Auker. Said easelnent sllall cover the 40-foot wide driveway for access to
west Pine Ave and extend along the north property line a:pproxim.ately 214 feet
into the site as depicted on Slleet S-ln, 1/10/05.
4. The applicant shall revise the Landscape I Site Plan (S.heet S-ln dated January 10,
2005, by Dale Binning Architect) to reflect the following changes:
a. Widen the attached sidewalk abutting Pine Ave to a Ininimum of Seven
(7) feet or provide a 5' detached sidewalk as per ACHD Conditions of
approval.
b. Add one (1), two-inch caliper deciduous tree to the three (3) landscape
planters on the west and north sides of the b.uilding
c. Ensure that the inside dimension of said planters is a minimum of five (5)
feet
d. Add a 5' wide landscape buffer east of the Car Was.h
e. Add a landscape island to the parking stalls on the south property line with
D.ne (1) two-inch caliper deciduous tree.
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Exhibit E
f. Add a minilTIUlTI. of eigllt (8) two-incll caliper deciduous trees to tIle
eastern property boul1dary, 1 tree per 35 feet (270/35=7.. 71)
g. Add a minimuln of Sevell (7) two-incll caliper deciduous trees to the
southern .property boundary, 1 tree per 35 feet (261/35=7.45)
h. Add One (1) add.itional two-inch caliper deciduous tree to the northern
.property.boundary, 1 tree per 35 feet (221/35=6.31)
L RelTIOVe the curb cut on Eagle Road and provide the required landscaping.
j · Any other cllanges required by the Commission.
Submit 10 copies of the revised plan to the City Clerk's office at least 10 days
prior to the next hearing on this application.
5. The Preliminary Site/Landscape Plan (Sheet S-ln dated January 10, 2005, by
Dale Binning Arch.itect~)is not approved as su.bmitted. Revise th.e plan to match
the Site Plan and ma.ke the corrections as noted in condition #4~ Submit a detailed
landscape plan with Certificate of Zoning Compliance application.
6. Sal1itary sewer service to this site shall be via main line extensions from an
existing main installed adjacent to the pro.perty. The applicant l1as .not submitted. a
conceptual design for the sewer system, however, the ap.plicant will be
responsible to construct sewer mains to and through this proposed develo:pment
Subdivision designer to coordinate main sizing and routing with tIle Public .Works
Department. Applicant sIlall execute City of Meridian standard fOffilS of
easelnents, for any mains that are required to provide service.
7. Domestic water service to this site shall be via main line and/or service line
extensions fro.m mains installed adjacent to the .property. T.he applicant has not
submitted a conceptual design for the water system, however, the applicant shall
be responsible to construct water mains to and through this proposed
d.evelopment. Subdivision d.esigner to coordinate main sizi.ng and routing with the
Public Works Department. Applicant sllall execute City of Meridian standard
forms of ease.ments, for any mains that are required to provide service.
8. All storm and drainage water m.ust be retained on site. 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 Environ.mental Quality 1997 .publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off"site disposal into surface water is .prohibited unless
the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Departme.nt of Water Resources
regarding Shallow Injection Wells.
9. Underground pressurized irrigation must be provided to all landscape areas on
site. A.pplicant has not indicated who will own the pressurized irrigation system
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Exl1ibit .E
within this developlnent. The applicant shall state which irrigation district will
own the system, or if the system is being proposed as a private systeln, plans and
specifications for the irrigation systeln shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation systeln O&M manual must be submitted prior to plan
approval.
10. Coordinate fire hydrant placelnent with the City of Meridian's Public Works
Department.
11. Please submit all updated groundwater/soils monitoring data to the Public Works
Departlnent for review. Any drainage areas (detention/retention basins) m.ust be
desigtled to ensure that water is retained only during 100-year storm events, and
for a :period of time not to exceed 24 h.ours. Side slopes within drainage areas
shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass
seed (or other approved land.scaping) shall not count towards the required D.pen
space area. The project engineer should pay close attention to the results of field
studies determining the ground.water, soil type & and. characteristics during the
design and constru.ction phases. T.he engineer shall be required to certify that the
street centerline elevations are set a minimum of 3-feet above the highest
established normal groundwater elevation.
STANDARD CONDITIONS OF APPROVAL (CUP)
12. This conditional use .permit shall be subject to the expiration provisions set forth
in. MCC 11-17-4.B.
13. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per
Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet
wid.e.
14. All parking and drive aisles shall be paved. for all .uses, .in com.pliance with the
submitted plans. Handicap parking spaces s.hal] be signed and striped in
compliance witl1 Federal accessibility guidelines.
15. One hundred watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdividerls expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Com.pany. The street light contractor shall obtain
design and permit from the Public Works D~partment prior commencing
installa ti ons .
16. Applicant shall be responsible for application and compliance with any Section
404 Permitting tllat may be required by the Army Corps of Engineers.
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Exhibit E
] 7. Applicant shall be responsible for application and conlpliance with and NPDES
Pennitting tllat lnay be required by the Eo.vironmental Protection Agency.
18. All grading of the site shall be perfonned in conformance with MCC 11-12-3H.
19. Applicant shall be required to pay Public Works development plan review, and
construction ins.-pection fees, as determined during the plan review process, prior
to sigrlature on the final plat per Resolution 02-374.
20. All exterior lighting, whether attached to tIle building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4C~
21. All signage shall be in accordance with the standards set forth in this repo.rt and
Section 11-14 of the City Zoning and Develop.ment Ordinance. All signage shall
require separate sign permit(s).
22~ Compaction test results Inust be submitted to the Meridian Building Department
for all .building pads receiving engineered backfill, wllere footing would sit atop
fill .materiaL
23. All construction and site improvements shall conform to tIle requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
24. All irrigation -ditches, laterals or canals, exclusive of natural watelWays,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be
approved by the ap.propriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval sublnitted to the
Public Works Department. If lateral users association approval can't be obtained,
plans will be reviewed and approved by the Ineridian City Engineer prior to final
plat signature.
25. 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 witl1 Department of Environmental Quality 1997 .publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
.provides written authorization prior to develo.pment plan 8:pprovaL The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
26. Certificate of Occupan.cy: All required improvements must be complete prior to
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Exhibit E
obtaining a Certificate of Occupancy for tIle proposed developmellt. A temporary
Certificate of Occupancy may be obtained by.providing surety to the City in the
form of a letter of credit or cash. in the amount of 110% of the cost of the required
improveln.ents (including paving, striping, landscaping, and irrigation)~ A bid
must accompany any request for temporary occupancy.
FIRE n:EP ARTMENT
1. Acceptance of the water supply for fire protection will be by tIle Meridian Fire
Department and water quality by the Meridian Water Departlnent for bacteria
testing.
2. Final Approval of the fire hydrant locations shall .be by tIle Meridian Fire
Department.
a~ Fire Hydrants shall have the 4 Y1" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant Inarkers shall.be provided .per Public Works spec.
d. Locations with fire hydrants shallllave the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers whell spacing permits.
f. Fire h.ydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be .provided. to meet tIle requirements of the IFC
Sectio.n 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
5. Operational fire hydrants, temporary or permal1ent street signs and access roads witll
an all weather surface are required before combustible construction is brought on
S1 te.
6. Commercial and office occupan.cies will require a fire-flow consistent witll the
International Fire Code to service the proposed project. Fire hydrants sllall be
.placed per Appendix D.
7. The xx office/commercial lots lot will have an unknown transient population and
will have an unknown inlpact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in the year 2003.
According to a report completed by Fire & Emergency Services Consulting Group
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:Exhibit E
our requests for service are projected to reach 2800 in tIle year 2005 and 3800 by the
year 2010.
8~ Mailltain a separation of 5' from the building to the dumpster enclosure.
9 · Provide a Knoxbox entry system for the cOlnplex prior to occupancy~
1 o. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection(s).
11. All aspects of the building syste.ms (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
12. Provide exterior egress ligl1ting as required by the International Building & Fire
Codes.
13. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, onMsite fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in aceQ rdance with Sectio.n 903.3 ~ 1 . 1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Gro.up R-3 and Group U occupancies, tIle distance require.ment shall be
600 feet -(183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
systelTI installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
Sanitary Services Comment:
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) .plans with your certificate of zoning
compliance application.
- 7 -
("
BEFORE THE MERIDIAN CITY COUNCIL
C/C May 24, 2005
IN T.RE MATTER OF THE )
APPLICATION OF DOUG JAYO )
FOR FINAL PLAT APPROVAL OF )
98 SINGLE-FAMILY )
RESIDENTIAL BUILDING LOTS )
AND 26 COMMON AREA LOTS ON )
19 ACRES LOCATED SOUTH OF )
CHIN.DEN BOULEVARD AND )
EAST OF NORTH MERIDIAN )
ROAD IN A PORTION OF THE W )
~ OF THE NW ~ OF T. 4N., R. IE., )
SECTION 30. )
)
CASE NO. F.P-05-031
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter ~coming before the City Council for Final Plat approval pursuant to
.Meridian City Code S 12-3-7 on May 24, 2005, and the Council finding that the Administrative
Review is complete from Sonya Allen, Assistant City PlalU1er for the Planning and Zoning
Departlnent, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: May 24, 2005, to the Mayor and Con.neil, and the Council having
considered the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED T-HAT:
1. The Final Plat of"PLA T SHOWING HACIENDA SUBDNISION LOCATED IN A
PORTION OF THE W ~ OF THE NW ~ OF T. 4N., R. IE., SECTION 30, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HACIENDA SUBDIVISION/ (FP-OS-031)
page 1 of3
(:.~~:......
(".. ... .
DATE: 03/09/05, SHEET 1 OF 5, BAILEY ENGINEERING, INC.", DOUGJAYO,
Developer, is Conditionally Approved subject to those conditions of Staff comments
as set forth in the Melnorand.um to the Mayor and City Council from Sonya Allen,
Assistant City Planner for the Planning and Zoning Department and Michael Cole,
Development Services Coordinator for the Public Works Department, dated: Hearing
Date: May 24, 2005, listing 20 SITE SPECIFIC REQUIREMENTS/FIN.AL PLAT
and 16 GENERAL REQUIREM.ENTS, a true and correct copy of which is attached
.hereto marked Exl1ihit "A", and consisting of 6 pages, and by this reference
incorporated herein, and the response letter from Bailey Engineering, Inc., a true and
correct copy of which is attached hereto marked Exhibit "B" and consisting of 1
page, and by this reference incorporated herein~
2~ T.11e final .plat upon which there is contained the Certification and signature of tIle
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
.be signed only at such time as:
l~ The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
co.mpletion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is l1ereby notified tllat pursuant to Idaho Code 67 -8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
ORDER OF CONDITIONAL APPROVAL OF FlNAL PLAT
FOR HACIENDA SUBDNISION/ (FP-OS-031)
page 2 of3
Clerk not more than twenty-eight (28) days after the final decision co.nceming the matter at issue. A
request for a regulatory takings analysis will toll the time .period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of th.e City of
Meridian, pursuant to Idaho Code ~ 67 -6521. An affected .person being a person who has an interest
in real property Wl1ich Inay be adversely affected by this decision tuay, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the Ci ty Council at its regular meeting held on the d4 ~ day
of ----1V1 Cl , i
,
, 2005.
Attest:
By:
City Clerk's Office
Dated.:---1.{\ - 'J 1r ---05
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR HACIENDA SUBDIVISION/ (FP-OS-031)
page 3 of3
(~,..
j
MAYOR
Talnll1Y de Weerd
PUBLIC WORKS
BUlLDING DEPARTMENT
(208) 898-5500 · Fax (208)898-9551
CITY CO.UNClL MEMBERS
Keith Bird
Cht;stll1e Donnell
SI13un Wardle
Charles M. Rountree
PLANNING AND ZONING
DEPARTMENT
(208) 884~5533 · FAX 888-6854
STAFF REPORT:
Hearing Date: May 24, 2005
Transmittal Date: May 19, 2005
To:
Mayor and City Council
/.(l1l
Sonya Allen, Assistant City Planner ()
Michael Cole, Develo:pment Services Coordinator (V\ G
From:
Re:
Hacienda Subdivision
Request for .Final Plat approval of Ninety-six (96) Single-family Residential
Building Lots and Twenty-eight (28) Common Lots on 19~63 Acres in an R-8
Zone by Doug Jayo (File No. FP-05-03J).
We have reviewed the above .referenced submittals and offer the following comments as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY & LOCATION
The ap.plicant, Doug laya, has applied for final :plat approval of 96 single-family residential
building lots and 28 common lots on 19.63 acres of land for Hacienda Subdivision.. The zoning
designation for the proposed subdivision is R-8 (Medium Density Residential). The proposed
gross density of the subdivision is 6.31 dwelling units per acre. The proposed net density is 8.3
dwelling units per acre.
Hacienda Subdivision is located at 6000 N. Meridian Road (o.n the east side of N. Meridian
Road, approximately ~ mile south of Chin den Blvd.), in the NW ~ of Section 30, T..4N., R.IE~
A conditional use permit/planned development was approved for this subdivisio.ll which allowed
for reductions to the minimum. requirements for the following: lot size (from 6,500 s~f~ to 2,850
s.[ for attached units only), lot frontage (from 65-ft. to 30 ft.), and zero lot lines (from 1 per lot
to 2 per lot)~ The following amenities were approved witl1 the planned development: 14.5% o.pen
space, a clubhouse with restrooms, and a swimming pooL
The submitted final.plat substantially com:plies with the ap.proved prelilninary .plat
FP -05 -03 1
EXhibit "A~~
HaCienda SUb FP. dOC
(.
Mayor & City Council
Hearing Date: May 17, 2005
Page 2
Staff reCOlTIlnends approval of Hacienda Subdivision with the comments and conditions stated. in
this report.
SITE SPECIFIC COMMENTS / FINAL PLA T
1. Applicant is to meet all terms of the approved annexation (AZ-04-034), conditional.use
permit (CUP-04-052), and prelilninary plat (PP-04-043) for this su.bdivision.
2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9.
3. Revise or add the following notes on the face of the .plat:
(1.) "to a public right-of-way~ along subdivision boundary lines'! and along all rear"
(7.) Delete note. No longer required to be shown on plat.
(11.) ". .. unless specificall)~ allo,.'t7/cd b)r tIle .L~da Count)' Highv{a)~ District and City of
Meridian. "
(13.) Complete recorded instrument number.
4" The landscape plan, dated 5/17/05, prepared by The Land Group, Inc", shall be revised as
follows:
a. Revise lot and .block numbe.ring to match the final.plat.
b. Revise parking space striping o.n Lot 26, Block 5 to be minimum 9'x19' stalls
with a minif!1um 25- ft. drive aisle.
c. A six-foot vinyl perimeter fence is required around the boundaries of the
subdivision (per site specific con.dition # 12, preliminary plat findings). Include
details (drawing/picture) of all proposed fencing.
d. Fencing on the clubhouse lot (Lot 1, Block 5) shall be red.uced to 4..ft in height if
constructed of a solid material or 6-ft wrought iron.
e. Revise the note section to reflect "Meridian Road" instead of "Linden".
f.. Revise the note section to reflect "7" different species of trees rather than 23.
Please s'ubmit three (3) copies of the revised landscape plan to the Planning & Zoning
Department prior to signature on the final plat.
5. The applicant has indicated that Settler's Irrigation District will own and maintain the
pressure irrigation system within this development. The City of Meridian req.uires that
pressurized irrigation systems be supplied by a year-round source of water. If a creek or
well source is not available, a sin.gle-point connection to the culinary water system shall
be required. If a single-point connection is used, the developer shall be responsible for the
payment of assessments for th.e irrigable common areas prior to signature on the final plat
by the Meridian City Engineer.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
FoP -05-03 1
EXhibit '~A';
Haci enda Su b FP ~doc
(.. ....
(~o 0 0 ~
o 0
Mayor & City Council
Hearing Date: May 17,2005
Page 3
approval or non-approval submitted to tIle Public Works Department. If lateral users
association approval can't be obtained, alternate plans will be reviewed al1d approved. by
the Meridian City Engineer prior to final plat signature.
7. A Certificate of Zoning COlnpliance must be obtained for the clubhouse and. swimlnin.g
pool prior to applying for building permits.
8. Please submit a copy of the Ad.a County Street Name Committee's "Final" letter for the
street nanles and. lot & block numbering. Make all corrections necessary to comply.
9. The applicant shall obtain a license agreem.ent with Settler's Irrigation District (SID) for
all trees located within the North Slougll Lateral easement. If unsuccessful, the applicant
shall mitigate for the required number of trees within these COlnmon areas. At a
minimum, non-invasive root shrubs sIlall be provid.ed within these areas, as permitted by
SID.
10. Applicant shall obtain written approval from the Planning & Zoning Department prior to
City Engineer signature on the final .plat for color/building material scheme for all
townhouse structures in this development.
11. Indicate all adjacent subdivision names on the plat.
12. Complete the CP & F number for the section corner common to sections 24, 25, 30, and
19.
13. Label and de.note the CP & F number for tile Southwest comer of Northwest 1:4 of Section
30.
14. On the eastern boundary of this subdivision, the sum of the rear lot lines does not equal
the length of the external boundary. Lots 5, 7; Block 10 show their rear lot line length to
be 42 feet Staff thinks this is a typo and the correct length should be 37 feet The
applicant shall confiml this and. make tIle necessary corrections to rectify.
15. Graphically depict an II-foot wide Public Utilities, Drainage, and Irrigation easement in
the following locations. The extra width is necessary to accommodate two irrigation
mains being installed.
a) Northern lot lines of Lots 1-16, Block 2.
b) Eastern. lot lines of Lots 7-11, 5; Block 6.
16. Graphically depict an 8-foot wide Public Utilities, Drainage, and Irrigation easement in
the following locations. The extra width is necessary to accommodate a pressurized
irrigation main.
a) Eastern lot line Lot 1, Block 2.
b) Along the eastern lot line Lot 11, Block 5, that is common to the rear lot line of
Lot 16, Bloc.k 5.
FoP -05 -03 1
EXhibit '''A''
HaCienda SUb oFP.doc
Mayor & City Council
Hearing Date: May 17, 2005
Page 4
c) Along tIle no.rthem lot line Lot 16, Block 5, that is COlnmon to the rear lot line of
Lot 12, Block 5.
d) Along the eastern lot line of Lot 12, Block 5, that is common to the rear lot line of
Lot 15, Block 5~
e) Along the northern lot line of Lot 15, Block 5, that is conunon to the rear lot line
of Lot 13, Block 5.
17. All areas being counted toward the 14~5% open space requirelnent shall be free of "wet
ponds" or other such nuisances~
18. Sanitary sewer service to tl1is site shall be via main line extensions from. the North Slough
Trunk which is currently under construction. The ap.plicant shall be responsible to
construct the sewer mains to and through this proposed development, thereby making
them available to adjacent properties. Subdivision designer to coordinate main sizing and
routing with the Public Works Department Cover over sanitary sewer mains shall be no
less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from
the sub-grade to the top of .pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications. Applicant shall execute City of
Meridian standard forms of easements for any mains that are required to provide service.
19. Water service to tllis site is being proposed via an extension of water mains located in
Meridian road. The applicant shall construct water mains to and tlrrough this proposed
development, thereby making them available to adjacent properties. Coordinate main size
and routing with Public Works. Applicant shall execute City of Meridian standard forms
of easements, for any mains that are required to provide service.
20. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation,
conditional use permit, or preliminary plat does not relieve the applicant of responsibility
for compliance.
GENERAL REQUIREMENTS
1. Any tree over 4" in caliper that is removed fr01TI the property shall be replaced .by
installing additional trees, being the equivalent number of caliper inclles of trees that
were removed. Required landscaping trees will not be considered as replace.ment trees for
those trees that have to be removed.
2. Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ad.a County Highway
District and the Final Plat for this subdivision shall be recorded, .prior to applying for
building permits~
3. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, amenities, .pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
FP -05 -03 I
EXhibit ~~A"
HaCienda SUb oFP.doc
(
(.
Mayor & City Council
Hearing Date: May 17, 2005
Page 5
4. All development improvelnents, including sewer, fencing, micro-paths, .pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates
of occupancy.
5. Applicant sIlall be required to pay Pu.blic Works development plan review, and
constru.ction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
6. Any existing domestic wells and/or septic systems within t11is .project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used. for non-domestic purposes such as landscape irrigation.
7. Two-hundred-fifty and IOO-watt, high-pressure sodium streetlights will be required at
locations designated. by the Public Works Department. All streetligllts shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. TIle street light contractor s.hal! obtain. design and permit from
the Public Works Department .prior commencing installations.
8. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
9. A.p.plicant shall submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during IOO-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any
portion of a drainage area not improved with sod/grass seed (or other approved
landscaping) sIlall not count towards the required. open space area. The .project engineer
should pay close attention to the results of field studies determining the groundwater, soil
type & and characteristics during the design and construction phases.
10. A.pplicant's engineer will be required to submit a signed, stamped. statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above~
11. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of .Engineers.
12. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the En.vironme.ntaI Protection Agency.
13. It shall be the responsibility of the applicant to ensure that all develo.pment features
comply with the Americans witl1 Disabilities Act and the Fair Housing Act.
14. All grading of the site shall be performed in conformance with MCC 11-12-3H.
FP -05-03 1
EXhibit "A"
HaCienda SUb FP .doc
{~
I
t..
(......
Mayor & City Council
Hearing Date: May 17, 2005
Page 6
15. Coordinate fire hydrant placelnent with the City of Meridian Public Works Departtnel1t.
16. Developer sh.all coordil1ate mailbox locations with the Meridian Post Office.
STAFF RECOMMENDATION
Staff recommends approval of the final plat with the above stated comments and. conditions.
.FP -05 -03 1
EXhibit "A"
.Haci enda SUb FP .doc
t ~..~
\:...
/
\
ailey Engineering, Inc.
CIVIL ENGINEERINGIPLANNINGICADD
DATE:
May 24, 2005
TO:
Mayor and City Council
RE:
Hacienda Subdivision
Dear Mayor and City Council:
On behalf of our client we would like to state that Jayo Construction. Inc. agrees with all Site Specitic
Comments and Conditions set forth in the final plat for Hacienda Subdivision.
Thank you for your time and consideration,
Sincerely ~
Dawnette Archer
1500 E. Iron Eagle Drive . Eaglet Idaho 83616 . TeL: 208-938-0013 . Fax: 208-938-0516
W\NVJ hAiJf!vt=!nnrn~~r~ r:nm
I :.\; 1111) j { ~~ I! I ~
( ..
** TX C~ .... . .~MATION REPORT **
/
{
AS OF MAY 24 les 2~
CITY OF MERIDIAN
PAGE. 01
TO/FROM MODE MIN/SEC PGS CMD" STRTUS
DATE TIME EC-S 01*2Su 003 168 OK
04 OS/24 20:55 381016121 EC--S 0~PS4u 003 168 OK
05 OS/24 20: 56 PUEL I C WORKS 5 021 J 5S tt 003 168 OK
06 OS/24 20: 58 12084664405 ~~ ==S 013 * S3 r~ eoo 168 OK
07 OS/24 213: 59 8841159 EC--S 0E" 5411 003 168 OK
08 OS/24 21 :01 2088840744 EC--S 0EP53t1 003 168 OK
09 OS/24 21: 02 POLICE DEPT EC--S 00" 52U 003 168 OK
10 135/24 21: 03 8985501 EC--5 01 ' 1218 u 003 168 OK
11 OS/24 21:05 LIBRARY 00'52" 003 168 OK
12 OS/24 21 :06 92003776449 ~~==~ e0tS21t 003 168 OK
13 OS/24 21: 138 3886924 E:C--S 01ZP 53u 003 168 OK
14 OS/24 21: 139 P-AND-2 EC--S e~p 53tt 8133 168 OK
15 OS/24 21: 10 208 895 0390 G3--S 01 . 09 tJ 003 168 OK
16 OS/24 21: 12 128300040 EC--S 00' 52" 003 168 OK
17 OS/24 21: 14 200 387 5393 'u 168 OK
18 OS/24 21:15 ADA CTY DEVELMT ~~==~ ::t;;u:: 168 OK
19 OS/24 21:16 ~85052 .... G3--S 01"47" 01213 168 OK
2m OS/24 21: 18 CHERRY LAN[: EC 5 00' 55 It 21133 168 OK
21 OS/24 21=20 IDAHO ATHLETIC C -- , tI 68 OK
22 OS/24 21:22 ID PRESS TRIB~E ~g=:~ ::t~~u:~ ~68 OK
23 OS/24 21:23 2088886701 _________________________________________________
--~---~~~~~~-~--~~~~~-~-~~~-~-~~~---~~~~-~-
Revised 5-24...05
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETJNG
AGENDA
Tuesday, May 24, 2005 at 7:00 p~m.
City Council Chambers
33 East Idaho A Yen ue, Meridianll Idaho
1.. Roll-call Attendance =
-X-. Shaun Wardle 0 Christine Donnell
-L Charlie Rountree ~ Keith Bird
~ Mayor Tammy de Weerd
3~ Community Invocation by Joe Anderson, with Cole Community
Church:
2~ Pledge of AUegianC9 and Posting of Colors by the American Legion:
4. Adoption of the Age nda: AfpfCN'C
5. Consent Agenda: k;:rxo \[ c.....
A~ Approve Minutes of April 19, 2005 Pre-Council Meeting; Afpr 0\1 (...
B. Approve Minutes of April 26, 2005 City CouncH Special Meeting; ~OV<-
C. Approve Minutes of April 26, 2005 City Council Regular Meeting: kpp(oIe-
D. Approve Minutes of May 3, 2005 City Council ReguJar Meeting: ~OV-<'
E~ Resolution No. t.E ...111 : Adoption of Strateaic
Focus Areas & CitY.Wide InitIatives: PfpfOV-C.
F~ Water Main casement for Mountain View Business Center: App r()l(v
G. Sanita Sewer Easement and Contract for North Slou h Trunk
line Proiect: ~'(v
6. Department Reports:
A. M ayorl s Office
1. Proclamation: Arnerjcan Legion Poppy Day - May 28, 2005 p(('.!<.w<i
Meridial1 City Councit Agenda - May 24. 2005 page 1 of3
All materIals preSented at PUbliC meetingS Shan become property Of the City Of Meridian.
AnYOne desiring accOmmOdatiOn for disabiHUas retatod to documents and/or h83nn9s
pJease conlact the City C!erk's Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
( /"
(
** TX CdJ'..f iRMATION REPORT ** AS OF MAY 20 ~ 0S 1"~ PAGE. 01
CITY OF MERIDIAN
DRTE TIME TO/FROM MODE MIN/SEC PGS CMDit STATUS
14 OS/20 15:18 3810160 EC--S 01 ~ Z7.' 003 144 OK
15 OS/20 15: 20 PUBL I C WORKS EC---S e0152u ta03 144 OK
16 OS/20 15:21 2084664405 EC--S e0t 51'1 003 144 OK
17 OS/20 15:23 8841159 EC--S 00J S1'J 003 144 OK
18 OS/20 15: 24 2088840744 EC--S 00" S3t1 003 144 OK
19 OS/20 15:25 POLICE DEFT EC--S 00'52u 003 144 OK
20 OS/20 15:27 8985501 EC--S 00'S0u 003 144 OK
21 05?20 15=28 LIBRARY EC--S 01'05u 003 144 OK
22 OS/20 15:30 92083776449 EC--S '00t50U 003 144 OK
23 OS/20 15=31 3886924 EC--S 00t 50u 003 144 OK
24 OS/2a 15: 32 P-AND-Z EC--S e0'51u 003 144 OK
25 OS/20 15: 34 208 895 0390 EC--S 00'51 u 003 144 OK
26 05.120 15:35 128300e40 G3--S 01 t 08" 083 144 OK
27 OS/20 15:37 2.08 387 6393 EC.....-S 00'50H 003 144 OK
28 135/20 15:38 ADA CTY DEUELMT EC--S 00'51" B03 144 OK
29 OS/20 15:39 8885052 EC--S 00'51" 003 14~ OK
30 OS/20 15:41 CHERRY LANE G3--S IZ'ltS1U 003 144 OK
31 OS/20 15:43 IDAHO ATHLETIC C EC--S 00 ' 54~' 003 144 OK
32 OS/20 15:45 ID PRESS TRIBUNE EC--S 00' 54u 003 144 OK
-----~-~-~~--~------~~-~~~~~~~--~~~--~~~~~~~~~~~~-~~-~-------~----~--~~~~~~~~---~-~-~-----
rleos-r Yost~ ru.b\l~ NU-n.(.v -1(\u..1\IJ-U\.!
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
TU9sday, May 24, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue., Meridian, Idaho
1.. Roll-call Attendance:
- - Shaun Ward'e _ Christine Donnell
_ Charrie Rountree Kejth Bird
_ Mayor-;:ammy de Weerd
2. Pledge of Allegiance and Posting of Colors by the American legion:
3. Community Invocation by
4.. Adoption of the Agenda:
6. Consent Agenda:
A. Approve Minutes of April 19, 2005 Pre-Council Meeting:
B. Approve Minutes of April 26_ 2005 City Council SpeCial Meeting:
ell Approve Minutes of April 26, 2005 City Council RegUlar Meeling:
0.. Approve Minutes of May 3. 2005 City Council Regular Meeting:
E~ Resolution No. : Adoption of Strateaic
Focus Areas & City-WIde Initiatives:
F_ Water Main Easement for Mountain View Business C~nter:
G. ~anitarv Sewer Easement and Contract for North Slouah Trunk
Line ~roiect:
6. DepanmnentRepons:
A. Mayor's Office
1. Proclamation: American Legion Poppy Day- May 28,2005
Meridian Cfty COUncil Agenda- May 24t 20CS Page 1 ot3
AU matel1als ~~.nted at PUbliC meetIn~ Shall become property of thO City or Meridian.
Anyone desmng ,aeoommOdation for disabilities ralated to doCfJm9nts andfor hearingS
p!eose contact the Cjfy Crerk"$ Office at 8B84433 at least 48 hours Prior to thO PUbliC meeting,
....... .
(..... .
** TX CONFIRMATION REPORT **
(..:..
AS OF MAY 20 '.~ld:) 15: 47 PAGE it 01
CITY OF MERIDIAN
DRTE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
EC 5 00' 54'" 003 144 OK
01 OS/20 15:46 2088886701 -- ____________
--------------------------------------------------------------------------------
l'")eos~ Yost~ 'u.b\l~ NUll tv - 1'\U-'\lJ-O'.r~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 24, 2005 at 7:00 p.m..
City Council Chambers
33 East Idaho Avenue, Meridian, Idaho
1. Roll-call Attendance:
_ Shaun Wardle
_ Charlie Rountree
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance and Posting of Colors by the American Legion:
3. Community Invocation by
....
4.. Adoption of the Agenda:
5. Consent Agenda:
A. Approve Minutes of April 19, 2005 Pre-Council Meeting:
B.. Appro\fe Minutes of April 26, 2005 City Council Special Meeting:
C.. Approve Minutes of April 26, 2005 City Council Regular Meeting:
D. Approve Minutes of May 3. 2005 City Council Regular Meeting:
E. Resolution No. : Adoption of Strateaic
Focus Area~ & City-Wide Initiatives:
F.. Water Main fiilsement f2r Mountain View Business Center:
G. Sanitary Sewer Easement and Contract for North Sfouah Trunk
line Proiect:
6. Department Reports:
A. Mayors Office
1. Proclamation: American Legion Poppy Day - May 28, 2005
Meridian City CouncU Agenda - May 24, 2005 Paaa 1 of 3
All material6 presented at public meetings shan become property of the City of Meridian.
Anyone desiring accommodatiOn for diS8bilities related to documents andfor hearinss
Please contact the City ClerKS Office at 8Bs..4433 at least 48 hDUrs Prior to the PUbliC meeting~
CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, May 24, 2005 at 7:00 p.m.
City Council Chambers
33 East Idaho Avenue, Meridia~, Idaho
1. Roll-call Attendance:
Shaun Wardle
Charlie Rountree
Christine Donnell
Keith Bird
Mayor Tammy de Weerd
2. Pledge of Allegiance and Posting of Colors by the American Legion:
3. Community Invocation by
4. Adoption of the Agenda:
5. Consent Agenda:
A. Approve_ Minutes of April 19, 2005 Pre-Council Meeting:
B. Approve Minutes of April 26, 2005 City Council Special Meeting:
C. Approve Minutes of April 26, 2005 City Council Regular Meeting:
D. Approve Minutes of May 3, 2005 City Council Regular Meeting:
E. Resolution No. : Adoption of Strateaic
Focus Areas & City-Wide Initiatives:
F. Water Main Easement for Mountain View Business Center:
G. SanitalV Sewer Easement and Contract for North Slouah Trunk
Line Proiect:
6. Department Reports:
A. Mayor's Office
1. Proclamation: American Legion Poppy Day - May 28, 2005
Meridian City Council Agenda - May 24, 2005 Page 1 of 3
AI I materials presented at public meetings shaJ I become property of the City of Meridia n.
Anyone desiring accommodation for diSabilities related to documents and/or hearings
Please contact the City Clerkfs Office at 888-4433 at least 48 hours Prior to the PUbliC meeting.
./
f
B. Attorney's Office - Bill Nary
1. Boise City Prosecution Presentation:
c. Park's Department - Doug Strong
1. Namina of Park located in ChamDion Subdivision:
7. Items Moved from Consent Agenda:
8. Tabled from May 17, 2005: FP 05-031 Request for Final Plat of 98
single-family residential building lots and 26 common area lots on 19
acres for Hacienda Subdivision by Doug Jayo - south of Chinden
Boulevard and east of North Meridian Road:
9. RP 05-002 Request for a parcel boundary adjustment to create one (1)
48~ 14 acre parcel and one (1) 13~ 49 acre parcel in an approved C-G zone
for Ten Mile Develo~ment by Elixir Industries, Inc. - 725 North Eagle
Road and 3001 East Commercial Court:
"A/though the City of Meridian no longer requires sworn testimony, all
presentations before the Mayor and City Council are expected to be truthful and
honest to best of the ability of the presenter# 11
10. Public Hearing: RZ 05..004 Request for a Rezone of 2 acres from I-L to
C-G zone for Jackson's Food Store by Jacksons Food Store, Inc. _
southeast corner of North Eagle Road and East Pine Avenue:
11. Public Hearing: CUP 05-012 Request for a Conditional Use Permit to
allow the operation of a new carwash and convenience store in a
proposed C-G zone for Jackson's Food Store by Jacksons Food Store,
Inc. - southeast corner of North Eagle Road and East Pine Avenue:
12. Public Hearing: AZ 05-011 Request for Annexation and Zoning of 6~26
acres from RUT to R-8 zone for Lvndhurst Grove Subdivision by
Highland Development, LLC - 2820 West Pine Avenue:
13. Public Hearing: PP 05-013 Request for Preliminary Plat approval of 36
building lots and 5 common lots on 6.26 acres in a proposed R-8 zone for
Lvndhurst Grove Subdivision by Highland Development, LlC - 2820
West Pine Avenue:
...
14. Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a
Planned Development for single-family detached residential units and
single-family attached residential units in a proposed R-8 zone for
Meridian City Council Agenda - May 24r 2005 Page 2 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 ClerkJg Office at 8884433 at least 48 hours Prior to the PUbliC meeting.
c.
lyndhurst Grove Subdivision by Highland Development, LLC - 2820
West Pine Avenue:
15. Public Hearing: MI 05-004 Request for a Miscellaneous application to
modify a condition in the Development Agreement for Sommersbv
Subdivision by Confluence Management, LLC - NEe of Ten Mile Road
and Pine Avenue:
Meridian City Council Agenda - May 24, 2005 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridia n.
Anyone deSiring accommodation for disabilities related to documents and/or hearings
Please contact the City Clerkls Office at 888-4433 at least 48 hours Prior to the pu bfic meeting.